Educational Purpose

 Legal Notes 

Admins please correct if I’m wrong: I believe in criminal you need it dismissed first or found not guilty before you can sue for things like malicious prosecution. I’ve been told to focus efforts on challenging jurisdiction, and other affirmative defenses. You can, however file your own criminal charges, turn them in to police or sheriff and attach those to your responses.

you could dismiss your current case then start a new case in the federal.     not saying that's what you should do just in theory

Yes we have been thinking about that option because so far we are getting nowhere with this case. We fired attorneys because we found out that they are assisting the defendants. We went pro se at the end of August 2024 and filed  6 motions which were ignored by the judge. He gave some bs excuse which tell us that he is corrupt also. That is why we were thinking about changing venue.

notice of removal to federal court

The removal jurisdiction is governed by specific statutory guidelines, particularly under 28 U.S.C. § 1446(b), which requires defendants to file a notice of removal within 30 days of receiving the summons and complaint.

Did you file a memorandum to respond to the summary judgment motion

Memorandum in Opposition to Summary Judgement.

On a demur the proper response is memo in opposition. However, what if the demur alleges untrue or irrelevant facts? Does one move to strike before the memo or does one deal with it in the memo?

Good morning I just had summary judgment hearing in Florida and the judge just ignore all rule, statues, case law and granted it. It like they do what they want to do.

This is probably a dumb question but I'm having a hard time finding it for criminal defense. I want to challenge jurisdiction over the person because service of process was not done (it came via ground mail). Do I title the document: SPECIAL APPEARANCE AND AFFIRMATIVE DEFENSE: LACK OF JURISDICTION OVER THE PERSON & INSUFFICIENCY OF SERVICE OF PROCESS or do I file a MOTION TO DISMISS: LACK OF JURISDICTION OVER THE PERSON and then include that there was insufficiency of service of process?

Now Comes Mr. X, alleged defendant, by special appearance, participating under threat, duress and coercion, not submitting to the court’s jurisdiction, who hereby moves this court to dismiss the court action for a lack of personal jurisdiction.  The assigned judge is also requested to provide a full-findings of fact and conclusions of law if this motion is denied.     In support of this motion, here are the following Idaho case law materials for the convenience of the Court.

INTRODUCTION

ARGUMENT

I will check that section. Under Affirmative Defenses I did just find that insufficiency of service of process is not enough to challenge in personum jurisdiction. It says to file a Motion to Dismiss for Insufficiency of Service of Process.

Never assume that any motion tolls the deadline to file an appeal.
https://www.howtowinincourt.com

Thank you submitted memorandum to summary judgment. The final judgment was granted. Also the plaintiff submitted mtg and lost note affidavit documents the day before hearing which was a holiday on efile so I did even realize.

look at the trial rule 26 (a.b)
what does 26 (a.1) say??

why are you picking and choosing and skipping over parts of the rule 26?

Since a motion is not a pleading or evidenciary in nature, makes sense not to attempt to strike if it isn't evidence or a pleading.

I'm not in a case with these circumstances yet, but will be soon. The first thing they usually hit me with is 12b6, but they will (as they have done in the past) hit with statements that are - in the least - immaterial.  

For instance, I've had them hit me with "he's only filing this suit because he's unhappy with the outcome of blah blah blah".  Obviously crap pleading and certainly undefendable, but they throw it in. I was wondering if there was a procedural way to get rid of that nonsense before responding to the motion's meat, or if I should just address it in the memo in opposition. When in doubt "Plaintiff denies and demands strict proof."  😄

File the motion to dismiss at the same as the personal jurisdiction "in the alternative". Just a suggestion.

In my experience you don't strike what hasn't been entered as evidence. A motion to dismiss (demur) is only a motion. Their statements are only statements. In your oposition you have 2 aspects you need to cover, 1) their false conclusory statements (if necessary) and 2) defending adamately your petition/complaint stands and meets all the requirements of merit and moving forward. (Not sure if the demur is preliminary or after discovery.)

So I'm getting all tied up like a pretzel with if's right now. Are you in discovery or still at the preliminary phase? It makes a difference!

I don't think a response to a criminal charge is counter suit. But check your statutes on criminal charges. There is a separate chapter in the article that deals specifically with criminal, and you need to look for the allowed responses.

When you say the case is full of lies, what point are you in the case? Is the record full of lies? How did those false statements get entered into the record?

Depending on where you are in the process, you should be either objecting to the false statements being entered into the record as the Jurisdictionary course very well teaches you how to do, and or you should be appealing if a ruling has already been made.

Sure do record requests.    Don't need to send discovery to clerk.   File affidavit of service for discovery with court clerk

If there's any other person that has discovery or a witness you should subpoena the documents or the person