TABLE OF CONTENTS

REV. 11-06-05

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What is this documents 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 DOCUMENTS 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.

4. MOTIONS TO DISMISS: The Motions to Dismiss provides additional legal reasons not stated in the Final Default why the judge must dismiss your case.

NOTE: Do not expect the judge to admit or acknowledge that the default is his reason for
dismissing your case. 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. 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. 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.

5. WRIT OF PRAECIPE: The Writ of Praecipe Is a motion, or request for some court action. In this case, the prosecutor has failed to timely rebut your claims (defaulted) losing all legal right to prosecute you. Therefore, you respectfully ordered the court clerk (your government servant) to enter a default judgment against the Plaintiff, and to prepare a Certificate declaring that the Plaintiff has failed to join the correct party in this suit, and this case is dismissed for failure to state a claim, and for lack of jurisdiction. In addition, 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.

6. WRIT OF MANDAMUS: Writ means to command. Also, a writ is a legal instrument issued by a judge to command the addressee to refrain from, or to do some action. 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, and 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. Information that you are required to fill in on the document is highlighted by a color highlight. You will notice that certain places for dates which, you must input are highlighted in a bright pink highlight. These dates reflect the dates on which you filed you
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filed specific documents with the prosecutor and the Court Clerk. 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.

NOTE: It is important that you date your documents for the date that you will be serving the
prosecutors and court of the clerk. Please check over your documents carefully, making sure all dates and all information that you supplied on the documents are correct before filing.

__ Information that you will need to input; such as the day, month, year, etc. --- Local Traffic Court Rules specify the amount of time that you must provide to the prosecutor to respond to your motions or claims. Most courts only require you to specify a maximum of 10 calendar days, but some courts require as much as 15 days. Some courts specify the time in business days, which is usually 10 business days. If your court requires you to specify business days, be careful to allow time for any court holidays that might come within this time period. If you can not locate the time requirement in the local court rules, contact the traffic court clerk to and ask them for the time requirement, or where you can find out this information if they do not know. __ *When you are required to enter a date in a text area that is highlighted by magenta on a document, you must take care to enter the correct date corresponding to the date upon which you actually filed that document.
*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.

EXAMPLES OF COLOR HIGHLIGHTS USED IN DOCUMENTS

NOTICE OF DEFAULT AND THREE DAY NOTICE TO CURE
I, John Quincy Jones, having appeared especially under threat, duress, and coercion, only to protect Aggrieved Defendant's interests, hereby submit this Notice of Default and Three Day Notice to Cure. Notice is hereby given that a default exists, upon failure of the prosecution to rebut the Affidavit of Truth of Aggrieved Defendant submitted the (?th) day of (?month), 2005 (Date you actually filed this document.) with lawful evidence to the contrary of this affidavit, within TEN DAYS. (TEN DAYS is generally ten calendar days and is the normal
amount of time courts require, but some courts require more time to be given, - 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.

NOTICE OF FINAL DEFAULT

Plaintiff, having received Aggrieved Defendant's Affidavit of Truth and on, or about (day (i.e., 8th day), month), 2005 and Notice of Default and 3 Day Notice to Cure on, or about (day (i.e., 8th day), month), 2005 . (The pink highlighted date is the date on which you actually
filed the listed document.)

WRIT OF PRAECIPE
1. Plaintiff, having received Aggrieved Defendant's Affidavit of Truth on, or about the (enter date (i.e., 7th)) day of (type name of month), 2005 and Notice of Default and Three Day Notice to Cure on, or about the (enter date (i.e., 7th)) day of (type name of month), 2005 .
(The pink highlighted dates are the dates on which you actually filed the listed documents.)

WRIT OF MANDAMUS
NOTICE TO CLERK: NOTE FOR HEARING, (day (i.e., 8th day), month), 2005

1. Plaintiff, having received Aggrieved Defendant's Affidavit of Truth and on, or about (day (i.e., 8th day), month), 2005 and Notice of Default and 3 Day Notice to Cure on, or about (day (i.e., 8th day), month), 2005. (The pink highlighted dates are the dates on which you actually filed the listed documents.)

INFO ON SERVING & FILING YOUR LEGAL DOCUMENTS

There are six separate documents (see What is this Documents Purpose - page 1) used in the default process. The process for serving and filing these documents in person and by mail is provided below.

With Whom are the Documents Served and Filed With? For your knowledge, the legally technical legal service process is; the first three documents you file, the Affidavit of Truth, the Notice of Default and Three Day Notice to Cure, and the Final Notice of Default is served upon the prosecutor and a copy (notice) given to the court. The Motions to Dismiss, the Writ of Praecipe, and the Writ of Mandamus is served upon the court, and a copy (notice) given to the prosecutor.

To prevent confusion in the service and notice process we suggest that if you are serving your documents in person, to take all of your legal documents first to the prosecutors office, have them stamped time and date stamped RECEIVED and then take the remaining copies of your documents to the court clerks office to be time and date stamped RECEIVED and a copy placed in your case file. This method of service still meets the requirement for service, both to the prosecutor and to the court.

NOTE: the prosecutor can be the county district attorney, or the city attorney, 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. In perhaps 80 percent of counties and cities, the prosecutor will be the county district attorney. Call the court clerk and ask the clerk who the prosecutor is for traffic. Please bear in mind that, 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.

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, or from inquiring with the court clerk how much time to give the prosecutor to rebut your Affidavit of Truth, then give him 10 business days to rebut your claims.

NOTE:

You must check with the court that your traffic trial is to be held in, to find out how much time you must provide the prosecutor to respond to a legal notice, requiring a response. This is usually from 10 to 15 days. You will need to add an additional 3 days time to the time the court requires for notice to the prosecutor. So, the amount of time you need to allow before filing the remaining three documents can be from 13 to 18 days. Contact the Traffic Court Clerk to find out how much time you must give the prosecutor to respond. Some courts use calendar days and others use business days however, we havent come across a court requiring more than 10 business days for a response to a notice.

Step 2 After time expires for the prosecutor to rebut your Affidavit of Truth, Serve the prosecutor with the Notice of Default and Three Day Notice to Cure and file a copy with the traffic court clerk.

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, serve the prosecutor the Final Notice of Default, plus the Writ of Praecipe and file a copy of each document with the traffic court clerk. 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. The writ states the court clerk has 3 days time to do this, but it is proper to allow more time for the clerk to notice the parties, because of mailing time. Although it is highly unlikely that the court clerk will enter the default and notice the parties, we allow this time anyway. We do so because we want to be viewed by the court as being fair and proper in our process, even if the court isnt always being fair and proper with us. Step 5 If the court clerk does not enter and notice the parties of interest that a default has been entered, then you file the Writ of Mandamus commanding the judge in the case to uphold his oath of office and ministerial duty, by ordering the court clerk to enter the default, and notice the parties of interest as required of him by the Writ of Praecipe you served upon him.

STEPS FOR SERVING & FILING YOUR LEGAL DOCUMENTS IN PERSON

REMEMBER TO ALWAYS PRINT OUT A COPY OF EACH DOCUMENT FOR YOUR RECORDS HAVE THE PROSECUTORS 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 Two: Take all copies of the documents you plan to serve on the prosecutor to the prosecutors office and ask the prosecutors 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.

Step Three: Take the copies of the documents that the prosecutors clerk stamped for you to the court clerks office and ask the court clerk to please time and date stamp
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RECEIVED all 3 of each document, place one copy of each document in your case file and to hand you back one copy of each document for your records. 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 prosecutors office, and from the court clerks office.

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. You will send two copies of the document to the prosecutor, and two copies to the court clerk in a certified mailer. Step Two: Prepare two certified return receipt mailers. Address one mailer to the prosecutor and address the other mailer to the court clerk. 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. Step Four: Prepare two memos to enclose in your mailers, one for the prosecutor and one for the court clerk. Write in the memo to the prosecutor and the court clerk the following message: Please stamp all enclosed documents with your offices official date and time received retaining one copy of each document to be placed into my case file. 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. Two copies of each document. 2. One Self-Address Stamped Envelope 3. Memo 4. Mail one mailer to the prosecutor and one mailer to the court clerk by U.S. Certified Return Receipt Mail.

Some courts clerks are refusing to accept legal motions and notices before the defendant is arraigned and has entered a plea. If the court clerk refuses to allow to file your documents before you have entered a plea, 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, and these documents establish your legal challenge of the courts jurisdiction.

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). Our program works because you default the prosecutor, causing him to lose all power to legally prosecute your case. 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. Dont be fooled by the judges claim that the traffic officer is the prosecutor. 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, unless that person is an attorney and a member of that states BAR. Now think about this for a moment who does the prosecutor represent in court? Answer - the people of the state. Keeping in mind that the courts claim that that for any person to represent another person in court, that person must be an attorney holding a valid state BAR card, do you think the cop who wrote you your traffic ticket has a law degree and holds a state BAR card? So, what gives the cop the right to act as the prosecutor? Beats me because there is none. When the state or the court claims the cop is the prosecutor, it commits fraud. Both the judge and the officer are breaking the law and violating their oath of office.

WHAT TO DO WHEN THERE IS NO 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, then proceed to ask the judge the following three (3) questions in blue type below.

I suggest reading these questions and the expected response first, so that you first gain an understanding of why you ask these questions, and how by properly asking these questions will cause the judge to have to dismiss your case. After reading the questions and expected replies by the judge, then go back and read the questions, the expected replies and the discussion on the exceptions to the judges expected reply, and the other discussion regarding the question process. The questions are simple to memorize, and once you know the correct response to expect the judge to give to these questions, and what to do when the judge does not give you the answer you need, you will be in good shape to expose the courts fraud, and get a dismissal. 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; that person must be an attorney holding a valid state BAR card. IMPORTANT If you get the correct response from the judge, repeat it back to him and ask him if you understood him correctly. 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. If the judge attempts to avoid answering your question, then give him an example of what you mean, such 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; only if your friend is an attorney possessing a valid state BAR card. Once you get the answer you are looking for repeat it back to the judge for the record. The represents person[s] of *legalprosecutorof person athe people orbe a flesh and the state. Accordinga to the definition person can blood person or person can be an artificial person or artificial entity, such as, a corporation. Even if the court says the prosecutor is representing the state - the prosecutor still represents the people or person[s] of the state. Therefore, since the courts claim that a person must be a BAR attorney to represent another person in court, then all prosecutors must be a BAR attorney. 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. It is not possible to make a silk purse out of a sows ear. 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, the state is creating a system of unequal justice. The state claims the right to be represented by a non-BAR-attorney, but denies you the same right. If the people or person[s] of the state have the right to be represented by a non-BAR-attorney, so do you.

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

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highlight icon on the Highlight toolbar and choose None. This will turn off all highlighting. 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.

LEGAL DEFINITIONS
Note: All definitions taken from Gilberts Dictionary of Legal Terms except whereas noted. 1. Affiant: Person who makes and swears to the truth of a written statement or affidavit. 2. Affidavit: A written statement sworn to or affirmed before a person with authority to witness the oath. 3. Body Politic: A group of people regarded in a political (rather than private) sense and organized under a single governmental authority. - Blacks Law Dictionary, 7th ed. 4. Coronea: Kings of your dominion, as we are all kings, born upon the soil, authors and sources of the law, creators of our servant government. 5. Default: Failure to perform a legal duty; neglect; omission. e.g. , a default on a mortgage is the failure to pay on the loan when due, and a default in legal proceedings is the failure to perform a procedural step, such as to appear or plead in an action when required to do so. 6. De Jure: Lat. Lawful; by right; legitimate; e.g., de jure segregation is that intended by law. De jure is used in contrast to de facto, which means in fact. 7. Joined: To unite; to come together; to combine or unite in time, effort, action; to enter into an alliance. 8. Misnomer: Mistake in name; giving incorrect name to person in accusation, indictment, pleading, deed or other instrument. Under rules practice in some states, such is grounds for dismissal by motion. In most states, however, as well as in the federal courts, such misnomer can be corrected by amendment of the pleadings. - Black's Law Dictionary 6th ed. 9. Naught: Nothing.Webster New Collegiate Dictionary 1973 10. Nom de guerre: A fictitious name used when the person performs a particular social role. http://wordnet.princeton.edu found using Google by entering define: nom de guerre 11. Rebutted: To defeat, refute, or prove the contrary of an assumption or inference made at trial. e.g. , if a plaintiff introduces evidence which raises the presumption that the defendant had notice
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of a particular fact, the defendant may rebut that presumption with evidence that he had no such notice. 12. Sanguinis: Born to Citizen parents. 13. Nom de guerre = (a fictitious name used when the person performs a particular social role) http://wordnet.princeton.edu found using Google by entering define: nom de guerre 21. Sanguinis coronea = Royal Birth as Sons and Daughters of the King of Kings, the Superior Sovereign upon this Earth endowed with the power of the Creator to exercise stewardship over all of the Creation. 14. Severable = Capable of being divided or separated, e.g. , an estate that can be divided into smaller estates. 15. Sic = Thus; so; in such manner. - Black's Law Dictionary 6th ed. 16. Soli = born upon the soil(real flesh and blood man) 17. Sovereign = A person, body, or state in which independent and supreme authority is vested; a chief ruler with supreme power; a king or other ruler in a monarchy. 18. Sua sponte = Lat. Of his own will. To take a course of action without the suggestion of another, e.g. , a court may raise an issue sua sponte, i.e. , on its own. 19. Sui juris = Lat. Of his own right. The capacity or ability to control one's life and make decisions with respect to how one's life will be ordered. 20. The martial law war powers summary judgment = Found at AFT pg 4 line 1. ??? 21. Writ of Praecipe = A command; an order; a written note ordering a person to do something or show cause why he should not. A note stating the particulars of a writ one wishes to be issued by a court officer, e.g. , for summons.

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