Author: Alpha Beta
Last saved by: Gateway

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.

If NO, then
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.