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I've been to court in America, but Im not quite sure what youre asking. lol. maybe i can clear some things up for you, what exactly are you wondering?

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I was wondering about a motion for dismissal, how it's done. Can I make the motion during the hearing or does it have to be before the actual day in court? I want the case to be thrown out due to legal reasons.

 

If it is somewhat serious, Id try contacting the judge prior to the hearing. but if not mention it in during the hearing. be sure to look presentable. and if you are not over 21, i suggest bringing your parents along with you. The parents are eye candy for the judge and realize what the kind of home you are coming from, and the judge wont dismiss it if she sees you are a dead beat unproductive citizen.

jj

Well, from my experiences it's difficult to defend yourself, even though this should be perfectly acceptable - courts can and often do operate as "clicks", where the former DA turns to the legal profession, and the judge was a lawyer, and another lawyer in the same courthouse wins the DA's position. Sometimes, there are political motivation and career motivations that cloud judgment.

The best suggestion I can offer is to be very well organized, anticipate what might be asked, and be very polite, but succinct. It sounds as though you can request a dismissal ahead of time, provided there's no career movers or political/friend/money motivations within the so-called impartial system of justice. My experiences have been disappointing to say the least, but it all depends on the judge, and the people involved.

Best of Luck Nick!

Thats a very solid approach with Constitution. Be sure to prepare your self for their stance and be able to refute their statements with important and valid support like the Constitution and State Law.

 

It's a civil court case involving a few hundred dollars. I can prove my point using the law but that does not matter in the eyes of a judge half the time.

 

The Plaintiff has not nor will file a valid "cause of action" against me. There was no personal injury nor harm in the case of the Plaintiff, thus by supreme court ruling on the constitution, the court technically has no "subject matter jurisdiction" when there is no standing in the case.

 

The Plaintiff cannot prove I caused personal injury or damage, thus they have no standing. I can take quotes from the constitution to prove this, and from several supreme court rulings.(Obama's lawyers actually used this defence recently when some politician filed a claim against)

Thanks for the tips, I doubt I'll win in our modern day kangaroo court's but at least it'll be a good experience in law.