TABLE OF CONTENTS

REV. 11-06-05

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What is this document’s purpose? ……………………………………………………………. Highlight Text Reference …….……………………………………………………………….... Examples of color highlights used in documents ………….………………………………… Info on serving and filing your legal documents ……………………………………………… Order and timeframe documents are served & filed in …………………………………….… Steps for serving & filing your legal documents in person …..…………...…………………. Steps for serving & filing your legal documents by certified ………………………………… Why the traffic officer can not be the prosecutor ……………………………………………. What to do when there is no prosecutor, or the court claims the officer is the prosecutor? How to turn off highlighting on your traffic docs ……………………………………………... 1 – 2 2 – 3 3 – 4 4 – 5 5 – 6 6 – 7 7 – 8 8 8 – 10 10 – 11

Word Definitions ….……………………………………………………………………………… 11 – 12

WHAT IS THIS DOCUMENT’S PURPOSE?
1. The Affidavit of Truth: The Affidavit of Truth is a statement of facts you affirm to be true. Most of these facts are natural truths or truths concerning your relationship to the Heavenly Father, such as; Affiant is a living, flesh and blood Son of God by the Christian name of _____________________. These are simple facts, but have powerful implications in protecting yourself from being prosecuted by a judicial system which has no jurisdiction over sovereigns. 2. NOTICE OF DEFAULT AND THREE DAYS NOTICE TO CURE: Here we have combined two legal documents. The Notice of Default portion of this document notices the prosecutor in advance that he has X amount of days to rebut your Affidavit of Truth, or he will be in default. This notice informs the prosecutor that he has Three Days Notice to Cure the default; meaning that he should dismiss the charges against you. 3. FINAL DEFAULT: The Final Default is the last in the series of legal notices required by law to be given to the prosecutor in order to establish the existence of a default on his part exists. The Final Default also informs the court of its ministerial duty to now dismiss your case because the prosecutor having entered into default has lost all lawful power to prosecute you.

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These dates reflect the dates on which you filed you –2– . --. You will notice that certain places for dates which. NOTE: Do not expect the judge to admit or acknowledge that the default is his reason for dismissing your case. or request for some court action. you must input are highlighted in a bright pink highlight. WRIT OF MANDAMUS: Writ means to command. and lack of jurisdiction. Information that you are required to fill in on the document is highlighted by a color highlight. and for lack of jurisdiction.-HIGHLIGHT--TEXT--REFERENCEPlease use the following “-Highlight--Text--Reference-” and the “Highlighted Document Excerpt Examples” together as a guide to help you to correctly fill in all required highlighted information on your default documents. Doing so would expose the judge to an avalanche of civil suits brought by all of those who have been unlawfully prosecuted for traffic violations. Also.4. you respectfully order the court clerk to seal the Certificate with the seal of the court and send to parties of interest within 3 days. In this case. WRIT OF PRAECIPE: The Writ of Praecipe Is a motion. Therefore. In this case we are providing the traffic court judge with a Writ of Mandamus compelling the judge to order the Court Clerk to do his ministerial duty and enter a default judgment in favor of the defendant and to dismiss this case for failure to state a claim. the prosecutor has failed to timely rebut your claims (defaulted) losing all legal right to prosecute you. and to prepare a Certificate declaring that the Plaintiff has failed to join the correct party in this suit. you respectfully ordered the court clerk (your government servant) to enter a default judgment against the Plaintiff. MOTIONS TO DISMISS: The Motions to Dismiss provides additional legal reasons not stated in the Final Default why the judge must dismiss your case. The Motions to Dismiss provide the judge with a list of excuses he can use to dismiss your case without having to admit the default is his real reason for dismissing your case. a writ is a legal instrument issued by a judge to command the addressee to refrain from. or to do some action. 6. Most often the court will inform the officer his presents in court is not required and then the judge will dismiss your case because the officer could not be present in court to give testimony against you. and this case is dismissed for failure to state a claim. 5. In addition.

(“TEN DAYS” is generally ten calendar days and is the normal amount of time courts require. If you can not locate the time requirement in the local court rules. Notice is hereby given that a default exists. such as the day. __ Information that you will need to input. The light blue highlighted number 10 is to remind you that you must input the proper amount of time for a response from the prosecutor as required by your local traffic court. If your court requires you to specify business days. Most courts only require you to specify a maximum of 10 calendar days.see the cyan block above under the Color Code Ledger for more information on how to find out the amount of time required by your local court. making sure all dates and all information that you supplied on the documents are correct before filing.filed specific documents with the prosecutor and the Court Clerk. EXAMPLES OF COLOR HIGHLIGHTS USED IN DOCUMENTS NOTICE OF DEFAULT AND THREE DAY NOTICE TO CURE I. NOTE: It is important that you date your documents for the date that you will be serving the prosecutor’s and court of the clerk. or where you can find out this information if they do not know. having appeared especially under threat. –3– . . but some courts require more time to be given. duress. within TEN DAYS. 2005 (Date you actually filed this document. upon failure of the prosecution to rebut the Affidavit of Truth of Aggrieved Defendant submitted the (?th) day of (?month).Local Traffic Court Rules specify the amount of time that you must provide to the prosecutor to respond to your motions or claims.” which is usually 10 business days. you must take care to enter the correct date corresponding to the date upon which you actually filed that document. only to protect Aggrieved Defendant's interests. __ *When you are required to enter a date in a text area that is highlighted by magenta on a document.) with lawful evidence to the contrary of this affidavit. and coercion. John Quincy Jones. contact the traffic court clerk to and ask them for the time requirement. month. --. hereby submit this Notice of Default and Three Day Notice to Cure. year. Some courts specify the time in “business days. be careful to allow time for any court holidays that might come within this time period. but some courts require as much as 15 days. etc. Please check over your documents carefully. *EXAMPLE: On the Final Default and the Writ of Mandamus you will provide the date that you filed your “Affidavit of Truth” and your “Notice of Default and Three Days Notice to Cure”.

. the legally technical legal service process is. month). 2005 1. 8th day). the first three documents you file..e. or about (day (i. 8th day). 2005 and Notice of Default and 3 Day Notice to Cure on.page 1) used in the default process. having received Aggrieved Defendant's Affidavit of Truth on. the Writ of Praecipe. and the Final Notice of Default is served upon the prosecutor and a copy (notice) given to the court. Plaintiff..e. month). 2005 and Notice of Default and 3 Day Notice to Cure on. 7th)) day of (type name of month). 2005 …. or about the (enter date (i. and a copy (notice) given to the prosecutor. the Affidavit of Truth. Plaintiff. 2005…. 7th)) day of (type name of month).) WRIT OF MANDAMUS NOTICE TO CLERK: NOTE FOR HEARING.e.. The Motions to Dismiss. or about (day (i. (The pink highlighted date is the date on which you actually filed the listed document. 8th day). 8th day).e.NOTICE OF FINAL DEFAULT Plaintiff.. (The pink highlighted dates are the dates on which you actually filed the listed documents.) WRIT OF PRAECIPE 1.) INFO ON SERVING & FILING YOUR LEGAL DOCUMENTS There are six separate documents (see “What is this Document’s Purpose” . With Whom are the Documents Served and Filed With? For your knowledge. (day (i. (The pink highlighted dates are the dates on which you actually filed the listed documents. The process for serving and filing these documents in person and by mail is provided below.e. and the Writ of Mandamus is served upon the court. 2005 and Notice of Default and Three Day Notice to Cure on. –4– . having received Aggrieved Defendant's Affidavit of Truth and on. the Notice of Default and Three Day Notice to Cure.e... or about (day (i. having received Aggrieved Defendant's Affidavit of Truth and on.e. 8th day). or about (day (i. month). month). 2005 …. month). or about the (enter date (i.

This method of service still meets the requirement for service. Step 2 After time expires for the prosecutor to rebut your Affidavit of Truth. NOTE: You must check with the court that your traffic trial is to be held in. then give him 10 business days to rebut your claims. or a private attorney contracted by the municipality or county to act as the prosecutor. Who the prosecutor is for traffic court can vary from county to county and from municipality to municipality within a state. to find out how much time you must provide the prosecutor to respond to a legal notice.To prevent confusion in the service and notice process we suggest that if you are serving your documents in person. the prosecutor can never legally be the traffic officer (see why the traffic officer can not be the prosecutor on page 9 of the ‘READ ME’ file. have them stamped time and date stamped “RECEIVED” and then take the remaining copies of your documents to the court clerk’s office to be time and date stamped “RECEIVED” and a copy placed in your case file. This is usually from 10 to 15 days. Call the court clerk and ask the clerk who the prosecutor is for traffic. In perhaps 80 percent of counties and cities. Please bear in mind that. or the city attorney. the prosecutor will be the county district attorney. Some courts use calendar days and others use business days however. to take all of your legal documents first to the prosecutors office. or from inquiring with the court clerk how much time to give the prosecutor to rebut your Affidavit of Truth. ORDER AND TIMEFRAME DOCUMENTS ARE SERVED AND FILED IN Step 1 Serve the prosecutor and file a copy with the traffic court clerk the Affidavit of Truth giving the prosecutor the required time to rebut your claims (usually 10 calendar days – if you can not find out from reading the court rules. NOTE: the prosecutor can be the county district attorney. –5– . requiring a response. we haven’t come across a court requiring more than 10 business days for a response to a notice. Contact the Traffic Court Clerk to find out how much time you must give the prosecutor to respond. both to the prosecutor and to the court. So. You will need to add an additional 3 days time to the time the court requires for notice to the prosecutor. Serve the prosecutor with the Notice of Default and Three Day Notice to Cure and file a copy with the traffic court clerk. the amount of time you need to allow before filing the remaining three documents can be from 13 to 18 days.

even if the court isn’t always being fair and proper with us. The writ states the court clerk has 3 days time to do this. then you file the Writ of Mandamus commanding the judge in the case to uphold his oath of office and ministerial duty. Step 4 Serve and file the Motions to Dismiss after allowing time for the court clerk to enter the default and notice the parties of interest according to the Writ of Praecipe. and notice the parties of interest as required of him by the Writ of Praecipe you served upon him. Step 5 If the court clerk does not enter and notice the parties of interest that a default has been entered. STEPS FOR SERVING & FILING YOUR LEGAL DOCUMENTS IN PERSON REMEMBER TO ALWAYS PRINT OUT A COPY OF EACH DOCUMENT FOR YOUR RECORDS – HAVE THE PROSECUTOR’S OFFICE AND THE COURT CLERK STAMP THESE COPIES WHEN YOU SUBMIT YOUR DOCUMENTS. Step One: Make 3 copies of each document that you plan to serve and file at this time and staple your copies in to document sets.Step 3 After the 3 days for the prosecutor to cure the default expires as noted in the Notice of Default and Three Day Notice. Although it is highly unlikely that the court clerk will enter the default and notice the parties. plus the Writ of Praecipe and file a copy of each document with the traffic court clerk. because of mailing time. We do so because we want to be viewed by the court as being fair and proper in our process. Step Two: Take all copies of the documents you plan to serve on the prosecutor to the prosecutor’s office and ask the prosecutor’s clerk to please time and date stamp “RECEIVED” all 3 of each document and to hand you back the other 2 copies of each document. serve the prosecutor the Final Notice of Default. but it is proper to allow more time for the clerk to notice the parties. Step Three: Take the copies of the documents that the prosecutor’s clerk stamped for you to the court clerk’s office and ask the court clerk to please time and date stamp –6– . we allow this time anyway. by ordering the court clerk to enter the default.

One Self-Address Stamped Envelope 3. Two copies of each document. Step Four: Prepare two memos to enclose in your mailers. 2. Write in the memo to the prosecutor and the court clerk the following message: Please stamp all enclosed documents with your office’s official date and time “received” retaining one copy of each document to be placed into my case file. and from the court clerk’s office. one for the prosecutor and one for the court clerk. Memo 4.“RECEIVED” all 3 of each document. Mail one mailer to the prosecutor and one mailer to the court clerk by U. Step Two: Prepare two certified return receipt mailers. The copy the court clerk hands back to you for your records should now a have a date and time “RECEIVED” stamp on it from the prosecutor’s office. Address one mailer to the prosecutor and address the other mailer to the court clerk. –7– . Please return a copy of the document(s) (if more than one submitted) to me in the enclosed a Self-Addressed Stamped Envelope (SAFE) that I have enclosed for that purpose. Step Five: Stuff each mailer with: 1. and two copies to the court clerk in a certified mailer. place one copy of each document in your case file and to hand you back one copy of each document for your records. STEPS FOR SERVING & FILING YOUR LEGAL DOCUMENTS BY CERTIFIED RETURN RECEIPT MAIL Step One: Make four copies of each document that you plan to serve and file at this time and staple your copies in to document sets. Certified Return Receipt Mail. You will send two copies of the document to the prosecutor. Step Three: Prepare two “Self-Addressed Stamped Envelopes” (SASE). address one SASE envelope to the prosecutor. and address the other SASE envelope to the court clerk.S.

Our program works because you default the prosecutor. WHY THE TRAFFIC OFFICER CAN NOT BE THE PROSECUTOR The default must be served upon the prosecutor and the traffic officer is never the true prosecutor (this will be explained to you briefly). –8– . what gives the cop the right to act as the prosecutor? Beats me… because there is none. If the court clerk refuses to allow to file your documents before you have entered a plea. Both the judge and the officer are breaking the law and violating their oath of office. The traffic officer can not legally be the prosecutor and here is why: The courts claim that it is illegal for any person to represent another person in court. Keeping in mind that the courts claim that that for “any” person to represent another person in court. respectfully inform the court clerk that you have a legal right to challenge jurisdiction of the court at anytime after you have been charge with a crime. that person must be an attorney holding a valid state BAR card. Don’t be fooled by the judge’s claim that the traffic officer is the prosecutor. OR THE COURT CLAIMS THE OFFICER IS THE PROSECUTOR If the judge refuses to dismiss your case based upon the legal common law default and there is no “legal” prosecutor present in court.Some courts clerks are refusing to accept legal motions and notices before the defendant is arraigned and has entered a plea. causing him to lose all power to legally prosecute your case. Now think about this for a moment… who does the prosecutor represent in court? Answer . WHAT TO DO WHEN THERE IS NO PROSECUTOR.the people of the state. then proceed to ask the judge the following three (3) questions in blue type below. unless that person is an attorney and a member of that state’s BAR. If you fail to serve the “real” prosecutor (the only legal prosecutor) your default documents in your traffic case then there is no default and you are not likely to get your case dismissed. do you think the cop who wrote you your traffic ticket has a law degree and holds a state BAR card? So. and these documents establish your legal challenge of the court’s jurisdiction. When the state or the court claims the cop is the prosecutor. it commits fraud.

The “represents” “person[s]” of *legalprosecutorof “person” – athe people orbe a “flesh and the state. and what to do when the judge does not give you the answer you need. Your Honor.” To think that the courts hold themselves up as institutions of justice and fairness and judges have the audacity to insist on your addressing them as your Honor. could I have my friend who has a great deal of knowledge about the law represent me in court? The judge is now pressured into answering your question and he will probably say something to the effect. and how by properly asking these questions will cause the judge to have to dismiss your case.I suggest reading these questions and the expected response first. It is not possible to make a silk purse out of a sow’s ear. You do this to reinforce this statement on the record and to establish that there is no misunderstanding on your part about what the judge said. a corporation. and once you know the correct response to expect the judge to give to these questions. If the people or person[s] of the state have the right to be represented by a non-BAR-attorney. then go back and read the questions. Q-1 What is the requirement to for a person to represent another “person” in a court of law? The judge will probably say something to the effect. the expected replies and the discussion on the exceptions to the judges expected reply. Accordinga to the definition person can blood person” or person can be an “artificial person” or artificial entity. you will be in good shape to expose the court’s fraud. Another reason it is improper for the traffic officer to be the prosecutor is because when the state exempts the traffic officer from the requirement to be a BAR attorney. then all “prosecutors” must be a “BAR attorney. but denies you the same right. repeat it back to him and ask him if you understood him correctly. Therefore. The questions are simple to memorize. so do you. After reading the questions and expected replies by the judge.” The state claims the right to be represented by a non-BAR-attorney. since the courts claim that a “person” must be a “BAR attorney” to “represent” another “person” in court. Even if the court says the prosecutor is representing the “state” . that person must be an attorney holding a valid state BAR card. such as. If the judge attempts to avoid answering your question. such as. and get a dismissal. only if your friend is an attorney possessing a valid state BAR card.the prosecutor still represents the people or “person[s]” of the state. so that you first gain an understanding of why you ask these questions. * –9– . Once you get the answer you are looking for repeat it back to the judge for the record. IMPORTANT If you get the correct response from the judge. then give him an example of what you mean. the state is creating a system of “unequal justice. and the other discussion regarding the question process.

California.Q-2 (looking around the courtroom) Your Honor. please tell me who the prosecutor is in this case? The judge will most likely say that the police officer is the prosecutor. The highlight toolbar should now appear at the top of your MS Word process window. etc. then move for dismissal for violation of the separation of powers clause of the constitution) and so. but these laws usually do not specify which ones. Once all of the text is highlighted click on the down error next to the – 10 – . Q-3 Will this court please have this officer… slash… prosecutor present his valid (name the state you are in . in order for a person to represent another person in court. in infraction cases a prosecutor is not required to prosecute these cases in court. he will say that the traffic officer is the prosecutor. your Honor. The courts have that any appearance of the judge acting in the roll of the prosecutor is a violation of the Constitution’s Separation of Powers Clause. that would be a fragrant violation of the constitution (if the judge should say this. and then under the Options menu click ‘View’ and in the first column check the ‘Highlight’ box. the judge as the finders of facts can perform some the functions of the prosecutor. Florida. I don’t see the prosecutor present in the courtroom. If your highlighting tools are already visible at the top of your MS Word processor window tool bar section: Chose Edit from the top toolbar and then chose ‘Select All’ from the Edit menu.) BAR card and inform the court from what law school he graduated? About this time the judge starts to stammer… and you say. These laws usually say that. Now. then you will move in for the kill by asking the next question: The judge can not say that he is the prosecutor because. the state legislature have passed laws saying that. A person holding public office in one branch of government can not exercise power reserved for another branch of government. please be aware that in many states such is the case with California. that person must be an attorney holding a state BAR card? HOW TO TURN OFF HIGHLIGHTING ON YOUR TRAFFIC DOCS If your highlighting tools are not visible at the top of your MS Word processor window tool bar section: Click on Tools and then Options under the Tools drop down menu. (other answers the judge may give is discussed below) If the judge says that the police officer is the prosecutor. The judge occupies the judicial branch of government and the prosecutor occupies the executive branch of government. Ohio. then click the ‘OK’ button. I move for dismissal of this case for lack of lawful prosecution… isn’t it true that this court just stated that.

In most states. Coronea: Kings of your dominion.edu found using Google by entering define: nom de guerre 11.Black's Law Dictionary 6th ed. refute. Body Politic: A group of people regarded in a political (rather than private) sense and organized under a single governmental authority. such is grounds for dismissal by motion. 7. De jure is used in contrast to de facto.Black’s Law Dictionary. which means in fact. Default: Failure to perform a legal duty. legitimate. by right.g. e. such misnomer can be corrected by amendment of the pleadings. This will turn off all highlighting. however. . 2. Nom de guerre: A fictitious name used when the person performs a particular social role. Affiant: Person who makes and swears to the truth of a written statement or affidavit. e. giving incorrect name to person in accusation. action. De Jure: Lat. LEGAL DEFINITIONS Note: All definitions taken from “Gilberts Dictionary of Legal Terms” except whereas noted. 9.g.princeton. Lawful. Rebutted: To defeat. e. deed or other instrument. 4. Under rules practice in some states. to enter into an alliance. .g. 6. 3. Naught: Nothing.Webster New Collegiate Dictionary 1973 10. creators of our servant government. if a plaintiff introduces evidence which raises the presumption that the defendant had notice – 11 – . authors and sources of the law. 1. 5. http://wordnet. . or prove the contrary of an assumption or inference made at trial. to come together. as well as in the federal courts. Joined: To unite. 8. omission. . 7th ed. Affidavit: A written statement sworn to or affirmed before a person with authority to witness the oath. such as to appear or plead in an action when required to do so. de jure segregation is that intended by law. Misnomer: Mistake in name. If you want to just turn off selected highlighting then place you cursor in front of the highlighted word(s) and while holding down the left mouse button drag the cursor across the highlighted word and then chose ‘None’ from the drop down menu on the highlight toolbar. pleading. effort. indictment.. born upon the soil. a default on a mortgage is the failure to pay on the loan when due. neglect.highlight icon on the ‘Highlight’ toolbar and choose ‘None’. to combine or unite in time. as we are all kings. and a default in legal proceedings is the failure to perform a procedural step.

. Severable = Capable of being divided or separated. . so. an order. To take a course of action without the suggestion of another. e. 15.of a particular fact. Nom de guerre = (a fictitious name used when the person performs a particular social role) http://wordnet. on its own.g.princeton. or state in which independent and supreme authority is vested. . e. 20. – 12 – . Sic = Thus. body. a chief ruler with supreme power. 18. the Superior Sovereign upon this Earth endowed with the power of the Creator to exercise stewardship over all of the Creation. an estate that can be divided into smaller estates. The martial law war powers summary judgment = Found at AFT pg 4 line 1.e. 12. ??? 21.edu found using Google by entering define: nom de guerre 21. 16. . the defendant may rebut that presumption with evidence that he had no such notice. e. A note stating the particulars of a writ one wishes to be issued by a court officer. a king or other ruler in a monarchy.Black's Law Dictionary 6th ed. 13. Of his own will. 19. The capacity or ability to control one's life and make decisions with respect to how one's life will be ordered. for summons. 14. a court may raise an issue sua sponte. Writ of Praecipe = A command.g. Of his own right. i. Soli = born upon the soil(real flesh and blood man) 17. Sui juris = Lat. Sanguinis coronea = Royal Birth as Sons and Daughters of the King of Kings. Sanguinis: Born to Citizen parents. Sua sponte = Lat. . in such manner. Sovereign = A person.g. a written note ordering a person to do something or show cause why he should not.

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