Posts Tagged ‘demurrer’
COURT PROCEDURES
COURT PROCEDURES
The following procedures can be followed so that you can enter all the
required briefs and motions into court. Remember all motions and briefs
must have an affidavit or declaration attached to it. All papers must be
filed 10-15 days prior to hearing of the issues.
(1) Demurrer/motion to abate (only 1 demurrer can be filed and it must
be filed prior to entering of a plea.) As you leave the courtroom, stop
by the clerks window and file the following motions: (set date for the
same date as the hearing on the demurrer)
(a) Motions in Limine (as many as you want)
(b) Motion to Dismiss for lack of jurisdictional fact.
(2) Affidavit of citizenship (P.C. 1401)
(3) Judicial Notice (as many as you want each covering a different
subject.) i.e. Blacks Law Dictionary, Citizenship, court cases, statutes
(federal or state), prior affidavits or letters under P.C. 1401,
(4) Motion to dismiss (as many as you want each covering a different
subject.)
WHERE IS THE EVIDENCE?
After filing your papers, and when into trial, you must first argue the
motions in limine prior to addressing the other motions that you have
filed.
Remember the judge cannot use his personal knowledge of the law or
feelings while ruling from the bench, he can only rule on the evidence
before him. Explain this to him by saying, “Your Honor, the court cannot
use its personal knowledge or feelings in rendering its decision, but,
must rule on the evidence submitted to the court.”
