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Audio | Sam Davis | Talkshoe | Feb. 23 2010
Audio | Gordon Hall | CIC Talkshoe | Feb. 16 2010
Episode 145 Click here he starts about 13 minutes in.





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.

D: “For the record there is no further business before us, this matter is closed.”
--------------------------
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.

