You are on page 1of 16

This is for Information and Educational Purposes ONLY.

This should be considered ONLY after you have verified the Information Yourself.
(There is at least one mistake Find it or them)


(Still Under Construction - BKT) 12-2001


Table Of Contents
000 - Traffic Ticket OUTLINE 001 - Pleading When Information Not Filed Article 002 - Traffic Due Process - Article 003 - Speed Signs - Article 004 - Property Rights Retained Even In Municipality 007 - Recusal First Challenge 008 - Recusal - Not informed of a Visiting Judge 009 - Recusal - Not a Retired Judge 010 - Notice for Information 011 - Motion to Set Aside Complaint 012 - Motion to Set Aside Information 015 - Judicial Notice to Judge 020 - Request For Admissions 030 - Motion for Continuance 040 - Certificate Of Discovery 050 - Affidavit Denying a Corporation 060 Motion for Nature & Cause 070 - Motion for Following Rules 080 Motion for a Fair Trial 090 - Brief for Quash Accusations 100 Motion to Quash Accusations 110 - Affidavit In Support Of Motion to Challenge Subject Matter Jurisdiction 120 - Motion to Challenge Subject Matter Jurisdiction 130 Motion to Waive Trial By Jury 140 - Notice of Objection by Accused 150 - Motion in Limine 160 Motion to Show Authority 300 - Motion for a New Trial 310 Request for Findings of Facts and Conclusions of Law 320 - Memorandum Of Law In Support Of Appeal Bond MC 330 - Memorandum Of Law In Support Of Appeal Bond JP 340 - Appeal Bond from Court of Record 350 - Motion For Arrest Of Judgment 360 - Notice of Appeal

COMMENTS What you find in this outline below has been done with different results. Police Officers are all different and react in different ways on different days. People have been put in jail for having the disrespect of police officers for asking Why have you arrested me?. All, so called, government authority want you to jump when they say jump and dont ask them how high. Reacting, as suggested, may get you a trip to see their facilities. These are only suggestions and they should be taken lightly, considering your situation. Something must be done to stop or at least slow down the stealing of our liberty. Knowledge will do this, but it is up to you to gain the knowledge necessary to keep your liberty. No one can do this for you, except you. Attorneys are taught to relieve you of your funds, not to guard your liberties. They win no matter which way the decision goes. Learn NOT to consent and you are half way there. Has a police officer ever asked you Do you know why I stopped you?. This is a trick question they learned that allows the victim to entrap themselves. The only logical answer is NO because you can only assume what someone else is thinking. When the judge asks if you understand or agree with a statement, the only logical answer can be NO. Even though you may believe that he is speaking English, chances are he/she is not. The language is called Legaleese and it is diffidently a foreign language. Example: a person is not living and breathing, 99.9% of the time, in court where they accuse you of being the person in question. You, in their eyes, are the president of a corporation or association, where the corporation is accused of doing something wrong. If the corporation is found guilty of the wrong doing, then it is the president of the corporation that they put in jail, not the corporation. If John Doe was pulled over for speeding and at the arraignment (first court appearance), the bailiff calls the name JOHN DOE (the corporation), and John Doe states Here; John Doe has stated to the court that John Doe is there representing the corporation JOHN DOE. The proper response to the name called: Mr. Bailiff, I am here in regards to that matter. The games that people play. If people really have liberties, but corporations have only privileges, would it be in the best interest of public servants to twist a meaning, like person or changing your true name into an ALL CAPITALIZED BILLBOARD NAME corporation as to regulate the corporations activity. Sure they would. The judge will state to your face that you do not have any constitutional rights in his court of which he/she is correct, if you are representing a corporation. Below are experiences of guinea pigs that have come before you, to find what you should have done to have a snow balls chance to win on appeal. The court system is so corrupt with getting your money instead of reducing crime, you will wonder how have they gotten away with it as long as they have. The one and only reason they get away with it is that you grandparents let them, your parents let them and you are teaching your children to let them steal your funds. We have found nothing in law that allows them to do what they do to people other than the people going along with the (Matrix) program. We are in the development stage of putting together an innocence package that will go along with this and previous books put out on this subject. You can look this information of innocence up yourself by finding the code that you have assumed to have violated and go to the Special and General Laws book in the law library and look up the actual bill which created the code. This needs to be entered in open court as evidence along with the bills for the same code that defined person, individual, operator or any other status they try and put you under. Ask yourself why the Legislators dont make and pass a law for you to wash the government cars, buildings or clean their uniforms or any other function that they would want a slave to do. Then ask yourself, if they did, how did you become subject to the law -3-

(they pasted and codified) that would require you to perform the act of washing their government cars, buildings or uniforms. Most people would say they do not have any authority to require you to perform that function for them. When you finally go look at the Texas Bill of Rights located in Article One and you see that you have the right to freely assemble with other people, among the assemblies, is to freely go to church, go vote, go to ball games, picnics, BBQs or just to hang out. Where in any document, did the people grant the government the authority to regulate people going from place to place just because the mode of travel changed from walking, riding a horse, a horse or oxen pulling a wagon to the wagon being self powered? When the authority is researched by you, you will find that the authority is limited under the constitutional regulation of commerce and no other place. If you are not in the mode of commerce, then government regulation falls off drastically. People are still responsible for their own actions. Whether in a car, on a horse or just walking around. Actions which breach the peace, harm other peoples property or harm other people themselves, is a crime in our society which subject all of us to a penalty that the jury should address. Charged with a commercial crime while not in commerce brings us back to washing the government cars. How did I become subject under this assumed violation? If it is a commercial crime, then I must have been in commerce at the time of the violation, which is an element which needs to be proven along with the actual charge. Just like if you were charged with Eating Bananas on Tuesday, you would like to know how you become subject to such a violation and by what authority does the government regulate that type of activity. But when you get on a jury, the question how or by what authority never comes into play as your grandparents, your parents, and you have told your children that we are subject to such a violation, not because we were shown, but because we were told. It is our responsibility to have all government officials show us the law and the authority to make us perform, no matter what the function. If we do not, then we are not doing our jobs. This deals with basic traffic violations. If you cannot learn to help your family with a simple traffic violation, what chances will you have when something serious comes about? Nothing will be considered as legal advice, as none exist. No attorney has blessed this information and if one does, dont believe him/her either. This information will change from time to time as so do we. Ken Townsend

Member of the San Jacinto Constitutional Study Group "If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen." - Samuel Adams, speech at the Philadelphia State House, August 1, 1776.

Traffic Ticket OUTLINE

Definitions TCCrP Texas Code of Criminal Procedure TLGC Texas Local Government Code TPC Texas Penal Code TRAP Texas Rules of Appellate Procedure TRCP Texas Rules of Civil Procedure TRE Texas Rules of Evidence TGC Texas Government Code UCC Uniform Commercial Code

1. Lights are flashing in your rearview mirror/ Youre being pulled over by an officer. 1) Do I stop? Where? i.) If possible, pull off into a parking area where there are people to watch. ii.) If you must pull over in a secluded spot, only crack your door glass, with the door locked and ask that the office follow you to a populated area. iii.) State the you read in the newspapers about people impersonating police officers and you do not feel safe where you are. a) Do I stay in my car once Ive stopped? i.) Stay in the car with the door locked. ii.) Crack your door glass just enough where a hand cannot reach in. iii.) Men sometime get out, but keep your hands to your sides and do not reach for any papers until asked. b) What do I do if Im asked to step out of the car? (What are my rights?) i.) Ask the office to call for another police car so that you can verify that he really is a police officer. ii.) After the other patrol car gets there step out of the car, take your keys and lock the door behind you. iii.) Ask the Officer, Do I really have to get out of my car, at this time? c) What do I say when the officer asks for drivers license and proof of insurance. i) If you have them and they are current, show them ii) If not, ask the officer If I show you my drivers license will you use it against me? At this point if he answers No, you can ask if he would be willing to sign the Affidavit of Officer form? iii) If you dont have them, I dont have them with me, I left them at home. d) Are there any statements I should make to the officer? i.) Never consent to any request to a search. If they ask, then they need your permission. Remember, I reserve my right to refuse giving consent for you to perform that act without a warrant. ii.) Ask the officer to see his license authorizing him to be a certified peace officer. -5-

iii.) iv.) v.) vi.) vii.)

Ask officer if he assumed that you were in commerce when he decided to stop you. You do know I was not driving a commercial vehicle, dont you officer? Tell the officer that you were not involved with commerce and that you are not moving persons or property for hire. Ask the officer if he thought that you had Breached the Peace or had committed a felony. Try to remember the officers response to questions for the affidavit later.

e) What should I get from the officer? i) Get Name of Officer ii) Be sure to write down the Officers badge number. iii) If he will show you his license to be a certified peace officer, write that number down. iv) License plate number of the patrol car. v) Patrol cars usually have a body number on the side or rear of the car. f) What do I do when he hands me a ticket to sign? i) How do I sign the ticket? (And what are the benefits/drawbacks of each?) (1) Non-assumpsit above your signature means that you do not agree with anything. (2) Under Duress above your signature means that you were force to sign or go to jail. (3) R.E. Fused signed like a Signature means that you refused the ticket. (4) UCC 1-207 Without Prejudice above your signature means that you are reserving your rights. (5) Signing anything else but your signature on the ticket may make the office mad and he might take you to jail, But there is no law which prohibits adding things to your signature. (feel lucky?) (6) Is there a penalty if I do not agree and I do not sign? g) Got Ticket. i.) Make out Affidavit what occurred at the stop as soon as possible, have it notarized. (1) Checklist of things to include in the affidavit. a. (Write down ONLY the FACTS) b. What was day and time of the incident. c. Where was the location of the stop. d. Name of Officer e. What you said at the stop. f. What the Officer said at the stop. g. Names of witnesses. h. Weather conditions i. What clothes did you have on? j. Color and make of the car. ii.) (2) Check if Officer has Statement of Officer on file with the Secretary of State. (1) Phone number to get the information is 512-463-5654

iii.) h) Taken to jail for a Class C Misdemeanor violation. i.) Nothing in Texas Law gives the authority of any police officer to take you to jail for any violation of any Class C Misdemeanor. ii.) The police do have the authority to take you in front of a Magistrate for a probable cause hearing if you do not sign the promise to appear ticket. (TCCrP Art. 15.17(b)) iii.) The judge cannot authorize any incarceration for a Class C Misdemeanor. (TPC Sec.(s) 12.03(a)(3), 12.03(b) and 12.03(c) iv.) The judge cannot authorize the incarceration for even failing to pay the fine. (TCCrP Art. 43.03(b)) i) j) 2. Pre-Arraignment Preparations a.) Check with Clerk of the Court i.) Get the name of the court clerk. ii.) Get the name of the judge. iii.) Keep checking until you find out what the Cause or Case number is. 1. send notice of demand for a copy of the complaining witnesss affidavit. 2. send notice for a copy of the complaint. 3. send notice for a copy of the information. 4. Ask that you be informed when the documents are available to be picked up. 5. Give your address and phone number to court clerk to contact you. iv.) v.) Ask the Court Clerk for a copy of the Local Rules of Court. (They may or may not have any.) Ask the clerk for the address of where you can serve the prosecutor.

b.) Send a Texas Public Information Request to Public Information Officer that is at the location where the Peace Officer is stationed. i.) Ask for documents that show Officers training. ii.) Ask for documents of any complaints against the Officer. iii.) Ask for documents which show Officers certification of completion. iv.) Ask for the audio and video of the traffic stop. c.) 3. Arraignment a.) Pleading i.) I cannot plead because the jury is not set. (TCCrP Art. 45.023) -7-


I cannot plead because I have not seen a copy of the complaint. 1. TCCrP 45.018 states that you should have notice of a complaint at least a day before any hearing. If they can give you notice of a complaint, they should be able to get you a copy, unless one does not exist, then how could they give you notice of one? 2. I cannot plead because the complaint is fatally defective. 1. A complaint is an affidavit swearing that someone believes that you violated some law against the State. (TCCrP Art. 15.04) 2. If the clerk or other person other than the arresting officer swear to the complaint then the complaint is hearsay. 3. Cantu v. Holiday Inns, Inc., 910 S.W.2d 113, 116 (Tex. App.__Corpus Christi 1995, no writ)__attorney's verification was insufficient when pleadings and affidavit did not show any basis for personal knowledge of relevant facts. 4. I cannot plead Not Guilty if a copy of the Information is not filed in court. (TCCrP Art. 27.17) My plea is a motion to set aside the information for form, as there is no form to the information that does not exist. (TCCrP Art. 27.02(1)) I cannot plead because I would be entering false information in the record. When pleading, you are agreeing or not agreeing with all the information or complaint. (TCCrP Art. 27.17)


iv.) v.) vi.)

b.) Complaint i.) The complaint is a document filed in court which is sworn to by someone that alleges that you broke the law. (TCCrP Art. 15.04) ii.) The requisites for filing the complaint is found at (TCCrP Art. 45.019) iii.) The complaint filed in a Justice of the peace court must state the county name where the offense occurred. (TCCrP Art. 45.019(b)) iv.) The complaint filed in a municipality must state the offense occurred within the territorial limits of the municipality. (TCCrP Art. 45.019(c)) v.) You must object to the form or substance of the complaint before the start of the trial or you will waive any problems with the complaint. (TCCrP Art. 45.019(f)) vi.) You should object to every complaint which states that someone believes that you did something wrong, even though the rules state that it is allowed. Affidavits are considered insufficient if someone swore to a belief instead of a fact. (TC Art. 1, Sec. 5) vii.) Article 1, Section 5 of the Texas Constitution states that oaths will be under the penalties of perjury of which the Complaints are never done. c.) Information i.) The Information is a document which is prepared by the attorney that represents the state which states all elements of the offense to be proven. This document is created after the complaint is swore to. Information is the same as an indictment from a

ii.) iii.) iv.) v.) vi.) vii.) viii.) d.)

grand jury, but is only prepared by the attorney which will represent the state and is usually created only for all Misdemeanor violations. (TCCrP Art.(s) 2.05 & 21.20) The requisites for filing the information is found at (TCCrP Art. 21.21) The Information must be signed by the district or county attorney, officially. (TCCrP Art. 21.21(9)) The Information and the Complaint will be filed together in court. (TCCrP Art. 21.22) The primary pleading in a criminal action on the part of the State is the indictment or information. (TCCrP Art. 27.01) The court gets its jurisdiction from the filing of the Information. (Texas Const. Art. 5, Sec. 12(b)) Failure to file the Information will keep bail or bond from being collected. (TCCrP Art. 22.13)

4. Pre-Pre-Trial Preparations a.) Discovery i.) Send the Attorney a Request for Admissions. 1. This is found in TRCP, Rule 198. 2. ii.) Send the Attorney a general set initial Interrogatories. 1. This is found in TRCP, Rule 197. 2. iii.) Send the Attorney a Request for a Production of Documents. 1. This is found in TRCP, 196. 2. Ask for a production of documents showing Officer qualified to operate and calibrated Radar, if Speeding. A. Name, address and phone number of the manufacture of the radar unit used in this case. B. Make, model, serial number, date of purchase, and date placed into service of the unit used. C. Operations manual from the department and manufacture of the unit used in this case. D. Calibration logs of the unit used in this case for the last 90 days. E. Calibration certifications performed on this unit from the date purchased to present. F. Name, address and qualifications of individuals performing calibration certifications. G. Maintenance and service records for the unit in this case. H. Copy of the officer standard operating procedure in using these units. I. Copies of any audio and or video recordings of the arrest and issuance of the charge in this case. J. Copy of all statements or other written documents to be used at trial. -9-

K. A copy of the issuing officers personnel file, radar certification sections, and all re-certification documents to include but not limited to test, test results and field observation reports. L. List how the unit was connected to the power source. M. Maintenance and service records, and speedometer calibrations for the patrol vehicle used. N. Serial numbers of the tuning forks used in this case. O. A copy of the issuing officers supervisors personnel file, Radar Training section. P. 3. Send a request to the attorney for a copy of the complaint. 4. Send a request to the attorney for a copy of the information. 5. iv.) At least 10 days before the date of the Pre-Trial, file the following documents with the court clerk (Original) and to the prosecutor (Copy). Have your copy file stamped by the clerk, if hand delivered, and by the prosecutor or secretary of the prosecutor, if you can find one. Sometimes the court clerk will take the copy for the prosecutor. 1. Motion to Set Aside the Complaint A. This is used because of all the errors the prosecutor does with the complaint. B. 2. Motion to Set Aside the Information A. This is used because the prosecutor rarely ever file a copy of the information. B. 3. Notice of Judicial Notice A. This is put in hopes to turn the court into a judicial court instead of an administrative court. B. Usually you will find the judges Oath of Office and put a copy of it behind the notice to remind him that he is under contract to go by the constitution. 4. Motion for Continuance. A. This is used if you have not received the discovery materials from the attorney. B. 5. Certificate of Discovery. A. This is filed in court to notice the court that you served discovery on the other party. It is not necessary to file in court the actual discovery documents sent to the attorney. B. 6. Affidavit Denying that you are a Corporation.

A. This document is used under Rule 52 of the TRCP. B. If you deny that your name in all Cap letters is not a corporation, the burden of proof is then on the other party to prove it is. C. 7. Motion for the Nature and Cause of the Charges. A. This documents demand the attorney indicate the type of law being used and which specific violation that you are accused of. B. 8. Motion for Following the Rules. A. This document moves the court to follow the TCCrP. They never do. B. 9. Motion for a Fair Trial A. This document moves the court to give you a fair trial, which they never do. B. If the judge denies this motion and you can get a copy of the signed denial, will help anyone from going in front of the same judge. Judges have denied this motion before. C. 10. Motion to Challenge Subject Matter Jurisdiction. A. This document objects to the court proceeding when the Information has not been filed in court. B. 11. Motion to Waive Jury Trial A. This document will allow you to have a trial by Judge instead of by Jury. B. If you want to argue law during trial, the Judge will not allow you to tell the Jury what the law is. C. You may want to have a Jury, so leave this motion out. D. 12. Notice of Objection by Accused. A. This document is used to confirm that you have objected on the record, if the information has not been filed in court and the Judge allows the trial to continue. B. This perfects another error for the appeal. C. 13. Motion in Limine A. This is used to set the ground rules before you get started. B. It is a little know rule, asking the judge to instruct the prosecutor that if he brings up something where the jury or judge would assume that the accused was doing an activity, in some status or had some item, or performed some function, the burden of proof would be upon the prosecutor to prove such - 11 -

allegations. 14. Motion to show authority. A. This document is based from Rule 12 of the TRCP. B. It asks the prosecutor to bring proof to the court that he can represent the State of Texas or whoever, before the trial can commence. 15. v.) b.) 5. Pre-Trial (TCCrP Art. 28.01) a.) If you do not stand when you talk, you will have no standing in court. b.) Try and take at least 3 witnesses with you to watch the Pre-Trial. i.) Taking 3 witnesses will allow you to put in a Motion to Set Aside the Complaint and Information, because it was not filed or there was errors in the form. (TCCrP Art. 27.03) ii.) You will need am Affidavit from each witness stating that the accused did not get a copy of the information and that the accused was going to file a Bill of Exceptions that the primary charging instrument was not filed giving the court subject matter jurisdiction. (TRAP Rule 33.2) iii.) c.) Ask the judge if this is a Court of Record. i.) If it is, ask that the Court reporter be present at the Pre-Trial and ask for a continuance, if the Court Reporter is not there. ii.) If the Court Reporter is there, you have to look at the Court Reporter and state: I want you to record everything that is said.(very important) d.) This is where you need to offer evidence in the record. i.) Evidence is admitted using TRE. 1. Putting in a Motion to Dismiss for lack of evidence or in the alternative have the prosecution produce all evidence pursuant to TRE, Rule 107. 2. You can notice the judge by Judicial Notice pursuant to TRE, Rule 201(d) of any fact or Texas law that you will argue in court. 3. You can give Judicial Notice to the judge of laws in other states pursuant to TRE, Rule 202. 4. Anything that you Judicial Notice the judge about can be given to the jury for consideration under Rule 201(g). 5. You can even give Judicial Notice to the judge of foreign laws (United States & etc.) pursuant to TRE, Rule 203 as long as you do it 30 before the trial. 6. You should object to the admission of the complaint pursuant to TRE, Rule 602, if the complaint is not sworn to by someone with first hand knowledge. 7. Anything filed in the County Clerks Office can be considered evidence and


iii.) iv.)

admissible in court if you get a certified copy pursuant to TRE, Rule 1005. Evidence is admitted when you offer it in open court and not just by filing it. 1. Give a copy to the prosecutor then one to the bailiff, which should give it to the judge. 2. If the bailiff is not around, the judge may ask you to hand him a copy, but dont directly hand it to him without permission. Remember you are guilty until proven innocent by use of evidence. Affidavits are considered evidence.

e.) After the judge dismisses all your motions and notices & discovery. i.) Tell the judge that you will be filing a Motion to Set Aside Information and a Bill of Exceptions. ii.) This is where your 3 witnesses come in handy, under rule 33.2(c)(3) of the TRAP you need 3 affidavits from 3 witnesses to be filed with your Bill of Exceptions, when the judge will not agree. f.) 6. Trial a.) During Jury Vor Dier i.) Raise your hand and ask the panel Who believes Im Innocent. ii.) The ones that dont raise their hand, you state that you are challenging each juryman that did not raise their hand for cause per Article Art. 35.16(a)(9) of the TCCrP. iii.) Raise your hand if you do believe that a fact has to be proven. 1. The ones that dont raise their hand, you state that you are challenging each juryman that did not raise their hand for cause per Article Art. 35.16(a)(4) of the TCCrP. 2. iv.) Raise your hand if you know it is a fact that Oswall shot President Kennedy. 1. Use your peremptory and challenge any jurors that raise their hand. 2. v.) b.) Ask the judge if this is a Court of Record. i.) If it is, ask that the Court reporter be present at the Pre-Trial and ask for a continuance, if the Court Reporter is not there. ii.) If the Court Reporter is there, you have to look at the Court Reporter and state: I want you to record everything that is said.(very important) c.) Put into court a Motion in Limine. i.) Ask the court to instruct the Prosecutor that he is barred from labeling the Defendant unless proof is entered in the record, establishing that the Defendant is in fact a Person, Individual, Operator, Operating, was Driving a Motor Vehicle, or was Operating a Motor Vehicle as defined in the statute that was violated. ii.) Ask the court to instruct the Prosecutor that he is barred from labeling the Defendant unless proof is entered in the record, establishing Defendant was - 13 -

required to do some act or performance. d.) Tell the Judge you would like to Invoke the Rule. i.) This makes the Cop(s) and any other witnesses wait outside the court room. ii.) e.) For the Record, I question the subject matter jurisdiction of this court because of copy of the primary charging instrument has not been filed in this court as per Art. 21.20 through 21.33 and 22.13 of the TCCrP. f.) Object to every statement that the prosecutor says, on the grounds that the prosecutor is testifying and does not have first hand information. g.) Tell the judge that you are challenging Jurisdiction, because there is not a copy of the Information filed in court. h.) I demand that the case be dismissed on the grounds that the police officer has not brought forth any physical evidence of wrong doing or any independent witnesses corroborating his testimony, unless the Officer is willing to wave his immunity against the penalties of perjury. i.) After you are found guilty, you must file the Motion for a New Trial within 1 day after sentencing. j.) After the Motion for a New Trial is denied, file: i.) Motion For Arrest of Judgment. ii.) Notice of Appeal. iii.) Appeal Bond iv.) Memorandum of Law in Support of Appeal Bond. v.) Request for Findings of Fact and Conclusion of Law. k.) If the judge threatens to put you in jail if you do not come up with the money to pay the fine or cash bond, ask him to read Art. 43.03(b) of the TCCrP and ask him where he is authorized to put you in jail for a Class C Misdemeanor. 7. 8. 9. Which Court a.) Justice of the Peace Court i.) Uses the District Attorneys Office for a supply of different attorneys to represent the State of Texas. 1. Assistant District Attorneys can be served at the District Attorneys Office at the Justice of the Peace Division. 2. The Assistance District Attorney usually does the arraignment and instructs you what your options are. ii.) iii.) iv.) v.) Not a Court of Record (Practice Court) Judge usually not an attorney. Clerk usually swear that she believes that you did what the cop said you did. (Complaint) JP Court Judge usually will go by Chapter 45 of the TCCrP but ignores the rest.

b.) Municipal Court i.) Uses City Attorneys to represent the State of Texas 1. These attorneys can usually be served at a certain law firm in town, which can be found by asking the clerk of the court where they are located. 2. ii.) iii.) iv.) v.) TGC, Sec. 30.00006(e)The municipal judge shall take judicial notice of state law and the ordinances and corporate limits of the municipality. (for a court of record.) Judges are usually attorneys Judges are appointed and not elected.

c.) County Courts i.) Uses Assistant District Attorneys 1. Court Clerk will usually get you the address where to serve the attorney. ii.) Uses Assistant County Attorneys 1. Court Clerk will usually get you the address where to serve the attorney. 2. Judges are elected but are not required to be attorneys. Have a bad habit of bringing in Visiting Judges to do a railroad on you. No reason to check if the judge has filed with the Secretary of State until the trial is over. You may see more than one judge before it is over.

iii.) iv.) v.) d.) 10.

11. Appeal from JP or Municipal Court a.) From a JP or Municipal Court of no record, the Appeal usually becomes a trial de novo (brand new trial, as though nothing took place before). i.) In this County Court you will do the exact thing that you did in the previous court, up to this point. ii.) b.) From a municipal court of record, the Appeal is taken under the TRAP to the County Court. i.) When appealing out of a municipal court of record, the city attorney will represent the State in the county court. ii.) c.)

- 15 -

12. Appeal from a County Court a.) This appeal goes to the Court of Appeals. i.) Which Appellate Court will be determine by which state district that you are in. ii.) b.)

13. Appeal to Court of Appeals a.) The Appeal is taken under the TRAP. b.) 14.