How would I word an motion for a case I have to represent myself in?

Question

I need some help with legal wording on two motions I wish to enter into my upcoming court case. I make just enough money to not qualify for an attorney, and not enough to pay for one myself, so I need some help.

This is what I need some help figuring out: I wish to have the judge's(1st motion), and county attorney's(second motion) oaths (that they took when they took their offices) read into the trial record.
I suppose I could write it just like this, but usually if you don't have things worded perfectly for court, it can get tossed out.

Any help whatsoever, would be greatly appreciated! Thanks!

Answer 1

Are you being tried in a US Court?

Sadly, I have no idea how you would make a motion.

"...right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her."
-Miranda Rights

I would almost swear that the "right to an attorney" applies anywhere. Hell, I would try to make a media stink about that. You should be able to get one provided! You pay taxes right and are a citizen right?

Answer 2

Two approaches -- either you would have to demonstrate why those oaths are relevant to any element of a crime or defense, and why they would not be a waste of the court's time -- this is a matter of legal relevance and logical relevance.

A second approach, a bit trickier, is to ask the court to take judicial notice of these facts, since the words of the oath generally administered is public record. This doesn't get you the specific oaths sworn by those individuals -- unless you can show the relevance of why the oaths of those individuals matter -- but it does get you the general wording.

The only purpose, however, of having the oaths read into the record is to have that be available as evidence during an appeal -- so, it probably won't actually accomplish anything.

Answer 3

The judge's oath of office and the prosecutor's oath of office are not relevant to the factual issues of your case. No matter how you word the motions, the oaths will not be read into the record.

You, on the other hand, still can talk about supporting and defending the constitutions and laws of the United States and the State of ______ (fill in your home state) in your voir dire (jury selection), opening statement and closing argument. So you can make whatever point you want to make about upholding the law.

But as far as evidence goes, you need to focus on the elements of the crime charged. What element(s) is missing? That's how you defend yourself on the charge. The State has the burden of proof and it is a substantial burden (beyond a reasonable doubt).

Answer 4

If you want to actually win this case, skip these "motions" and focus on the real issues.

If you have real grounds to ask the judge to recuse him or herself, make that motion. Likewise with the county attorney. Otherwise, avoid attacking the courtroom players and work on attacking your opponent's legal arguments.

While you may think that having these oaths read into the record will somehow impress the jury and remind them that both the county attorney and the judge have an obligation to uphold our laws and constitution, more likely it will have the opposite effect. Jurors know what is expected from judges and don't need to be reminded--it will insult their intelligence. You also risk looking like a militia/tax evader/conspiracy theorist, a group of litigants with a long history of losing at trial.

Spend your time getting a grip on the case law and statutes that actually apply to your dispute and presenting your interpretation of them as clearly and efficiently as possible.

Answer 5

need more info? civil or criminal

and going after the judge will hurt your case try putting your self in his shoes he has to listen to bullshit all day long and its probably making him late for his golf game(no joke).what would you do if you were in his shoes

2nd if you must go after their judge come at him side ways find some dirt or start a second case bury him in paper work anything you can file drive him to just get it over if you really have him then trade cases mine for yours no body wins but you don't get charged (maybe). you wont get any were with the oaths thing they can do what they want and you cant stop them. when i was being harassed by the DA for child support even though i had payed and was not late i held them in contempt of court just for his attitude (lying, abuse of power,and using the court for personal gain (his new office and desk with frig all paid for by others fathers money never given to the mothers. find the dirt they are all guilty of something

Answer 6

Why in the world do you want to make such motions? Lawyers almost never do that kind of thing. Either you have a very unusual case (in which case you should get a lawyer) or you are misunderstanding something. I suggest you not worry about this and focus on the trial itself.

Answer 7

You have a legal right to get any and all info which is relevant to the matter but, when you get too technical, the DA will simply tell the judge that you are trying to superdetail your way out of this and the judge, who has lunch with the DA daily, will toss your demand. You have the right to get certain items i.e. Officers daily log Officer's arrest record copy of the tests and rrepairs for the radar gun Copy of the citation-both sides. Demand the officer's records of the number of speeding tickets he has given as well as the records of the entire department's records for preceeding months for traffic violations especially with regard to out of town violaters. If this is a speed trap contact AAA and ask what info they have on this town's record. If the records indicate that it is, indeed, a speed trap, write to the Governor's office and make an issue of it. These folks hate negative publicity.