Motion To Dismiss Won't Work!!
What you will want to do is
CHALLENGE THE COURTS JURISDICTION
If you do it as a regular motion to the court, you will LOOSE. That is because when it is a MOTION, you are leaving it in the judge's hands for them to say yes or no to your motion. You are BEGGING the court to see it your way. You are also allowing the District Attorney to file motions against your motion. It just doesn't work! It is a stacked deck!
The court will not see it YOUR way and strike your motion. They do not want to dismiss just because you begged them to.
You MUST do it in a way where YOU ARE IN FULL CONTROL instead of the judge or the District Attorney
We have developed an online course to teach you a way that NO Juvenile judge can say no to.
Challenge The Juvenile Courts Jurisdiction
INSTRUCTIONS For Challenging Jurisdiction
Jurisdiction can be challenged at any time of the case. The instant you read this course, you should challenge the jurisdiction. DO NOT WAIT.
Then you will be able to stop the Juvenile case in its tracks. It cannot go another inch forward if the jurisdiction has been challenged.
At The Verry Begining (72 Hour hearing)
If you are being told to appear at a 72-hour hearing, you MUST KEEP YOUR MOUTH SHUT.
Tell the court that you cannot and will not make a plea until you talk to counsel.
IMMEDIATELY after that hearing, file the below claim!
In Fact, No matter what point you are at in the Juvenile Court hearings, CHALLENGE THE JURISDICTION!
You can challenge the court's jurisdiction at ANY time.
The US Supreme Court has properly concluded that Jurisdiction can be challenged at any time even
after the case has concluded.
CLICK HERE to buy the online course with all of these materials and more in it.
How To Fill It out
- At the very top, you will change it to the actual name of the Juvenile Court or Family Court where all of the hearings are currently going on. You will need the address also.
2. You are the Petitioner. Use your full name formatted like: Susan Angry Mother
3. The COUNTY District Attorney is the respondent. You would fill it out like this:
4. John Doe; County District Attorney;
Notice I used the ; at the end of both of them.
5. When the court clerk files your claim for you, they will supply the case number and maybe the magistrate's name. Leave those blank.
6. Then Your state will be something like: State Of Oregon
7. Your County will be something like: Harrison County
8. On line 10, Would be your full name and your state would be something like:
I, Susan Angry Mother, one of the People of the State Of Oregon, competent to.........
If both mother and father are making the challenge of jurisdiction at the same time, you can stack it up like this:
We, John Really Ticked, and Susan Angry Mother, both people of the State Of Oregon, competent to defend Ourselves in a court of law,.....
9. After that, there is nothing more to fill out until you reach the end of the document.
At The End Of The Document
- Take this document to a Notary Public and sign it in front of them. You will sign your name above the words "In pro per"
2. You do not have to do anything about the word or area "SEAL".
3. Now take it to the Juvenile Court clerk and file it.
4. Make sure to attach a copy of the original petition to the back of the Show Cause.
Package It Up And Send It To The Court
You must file it with the court all of the following: [stapled together in the following order]
- A note with instructions to timestamp it and send you back the original. (Very top)
- File on Demand (Top)
- Verified Show Cause
- Attached copy of the original petition that CPS made to the court to take your children.
- Notice Of Motion
- Self Addressed envelope with stamps on it, ready to mail. (Does NOT need to be certified.)
Add a self-addressed stamped envelope (Make sure there is enough postage on this envelope or they will not send it back to you!) with a note instructing the clerk to timestamp and return the original of the filing.
Send this packet to the Court Clerk in a Certified mailing envelope. That way you will get a proof of signature to show that THEY received it.
After Your Claim Is Filed, Serve It
Right after it is filed, you will want to mail the below to the County District Attorney using Certified mail. ( You need a signature that they received it.) You can be the one to fill out all of the below paperwork, but you cannot be the one to serve it (mail it) on the County District Attorney. Anyone over the age of 18 can mail it for you.
- 1 COPY of the date stamped Verified Show Cause
- 1 Notice of Motion
Report Back To The Court That You Served It
All that is left is to mail or personally file the Affidavit Of Service filled out by the person who served it.
• Affidavit of Service
- Mail one to the County District Attorney (It can be regular mail.)
2. Mail one to the Court Clerk (Or just take it in.)
What If You Have To Go To Court After You File It?
If you are called into the court before thirty days after serving the Jurisdiction Challenge remind them
that there is a Jurisdiction challenge, have a spare copy of the Show Cause with you. Do not make a plea, except any orders, or anything else. Jurisdiction must be decided first.
If the judge says he has already decided, OBJECT! and tell him that:
(1) "OBJECTION!" (Remember, if you don't object, it stand as truth on the record.)
(2) "The prosecutor has not answered on behalf of the court for jurisdiction yet and,"
(3) "You, (the judge) already believe that you have jurisdiction, and thereby are biased, and therefore a court of record must decide."
(4) "Therefore this case cannot go forward until it has been decided in the court's favor by a jury."
They Have 30 days to answer IN WRITING or they will have to have a jury trial. (And they don't want that because they will lose.)
If the prosecutor does not answer the jurisdiction challenge in writing, (within thirty days, counting from the day after the prosecutor received the papers) then...
- File an Affidavit of Default along with a File on Demand via certified mail to the same court and include a self-addressed stamped envelope and a copy of your Affidavit of Default with a note instructing the clerk to timestamp and return the original of the default to you.
2. And serve a copy to the prosecutor by certified mail.
NOTE: This course comes with all the templates and instructions for you to have a certain success.
CLICK HERE to buy the online course with all of these materials and MUCH more in it.
Choose what state your case is in to use the right rules, regulations, laws and statutes in your Motion To Dismiss.
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia