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Audio | Sam Davis | Talkshoe | Feb. 23 2010
Audio | Gordon Hall | CIC Talkshoe | Feb. 16 2010
Episode 145 Click here he starts about 13 minutes in.
Chose In Action
1. You (Defendant=D) are at the court. The judge=J calls the case and asks you to step forward.
D: “May I enter the bar, reserving all my rights and waiving none?”
J: “Step forward.”
D: As you walk toward the bench, “Let the record show I have reserved all my rights and waived none.”
J: “Please state your name.”
D: “My mother told me the name is John Doe”.
J: “How do you plead?”
D: “I’m confused. I do not understand the nature and cause of action of this matter.”
J: “What don’t you understand?”
D: “I do not understand the nature and cause of action of this matter.”
(If the State or USA is a plaintiff)
D: “Are the people of the State (or USA) a real party to the action?”
J: “How do you plead?”
D: “Are any of the people of the State (or USA) who are real parties to the action present here today?”
J: “How do you plead?”
D. “I’m confused. I do not understand the nature and cause of action of this matter.”
J: “The D pleads not guilty.”
D: “ I conditionally accept your offer to enter a plea of not guilty. Let the record reflect the J has made a chose in action; and by his
action he has converted all liability as surety for the D.”
D: “Do you, sir or ma’m (judge) have an original accusatory wet-ink signature instruments for my inspection?”
If YES then, review what is given you, sign in blue ink across the page: “Accepted as full settlement”, sign your name
underneath, then return that document to J or bailiff.
D: “Are there any other original accusatory instruments for me to inspect?”
If YES then, review what is given you, sign in blue ink across the page: “Accepted as full settlement, sign your name
underneath, then return that document to J or bailiff.
D: “For the record there is no further business before us, this matter is closed.”
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NOTE: If you didn’t have the opportunity to play out that scene described above, then here’s your second opportunity to set the record straight.
If the J set a new date for your case, then:
2.Now, (D) files a Notice of Error with Affidavit in Support that states:
a.My error was, I had not recognized when the judge entered a plea, the judge had made a chose in action and had already
converted all liability as surety for the Defendant.
And now the J is attempting to give the status back to the D. The J’s offer is refused for cause, without dishonor and without
recourse. The J made a chose in action; and by his action he has converted all liability as surety for the D.
b.I’m here to settle the matter; I’m not here in controversy.
c.I have seen no evidence of proper notice.
d.I have seen no evidence of a contract or claim.
e.I have seen no evidence of a real party of interest in this action.
f.I have seen no evidence of an original accusatory wet-ink signature for my inspection.
When the J calls your case and asks you to step forward, begin with #1 on page 1.
Karl Lentz teaching tidbit
To the judge: Is it not true that for any statement to be deemed admissible evidence, it has to be under oath or affirmation?
The judge will answer: yes.
To the Judge continue with:
Therefore, before we proceed, it is my wish to be sworn in through affirmation so there can be admissible evidence pressed upon the record in the event of and for appellate review if it is necessary. And it is my wish that the other side do the same.
Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647, "Statements of counsel are not facts before the Court," see FRCPA Rule 52(a) and United States v. Lovasco (06/09/77) 431 U.S. [emphasis mine]