RULES OF COURT PROCEDURES 10 COMMANDMENTS
- EVERYTHING IN COURT IS COMMERCIAL.
- EVERYTHING IN COURT IS CONTRACT.
- COURT HAS A PUBLIC SIDE AND A PRIVATE SIDE
- ACCOUNTING PROCESS IS “LIFO”- LAST IN / FIRST OUT.
- THERE IS NO REMEDY ON THE PUBLIC SIDE OF COURT WITHOUT PRIVATE SETTLEMENT.
- ONE CAN ONLY DO A PRIVATE SETTLEMENT WITHOUT TAKING PUBLIC BENEFITS.
- YOU CANNOT MIX THE PUBLIC AND PRIVATE PROCESS.
- ONE MUST RESPOND TO EVERY OFFER AND BE IN HONOR.
- THE PRIVATE PROCESS SETTLES THE CASE, THE PUBLIC PROCESS RATIFIES THE SETTLEMENT.
- AN ENEMY OF THE PUBLIC HAS NO REMEDY FOR SETTLEMENT.
1. EVERYTHING IN COURT IS COMMERCIAL.
All courts are “claims” courts. Rule 12(b)(6) must state a “claim” upon which relief can be granted.
Claims = deeds, security agreements, receipts, documents of titles.
Facts are on the moon. Unimportant.
Commercial procedures are under “law of the sea” = admiralty, maritime, equity.
2. EVERYTHING IN COURT IS CONTRACT.
UCC 1-201(32) (34) “Right” = remedy = is a contractual procedure
Contracts are dynamic (or fluid) and change.
3. COURT HAS A PUBLIC SIDE AND A PRIVATE SIDE
Public side is with the clerk and the courtroom inside the bar
Private side is outside the public court, in chambers, sidebar in court
4. ACCOUNTING PROCESS IS “LIFO”- LAST IN / FIRST OUT.
Last in First Out.
Only the documents on top have any input to the proceedings
Always go into court only if your documents are last in- current matter before the court.
5. THERE IS NO REMEDY ON THE PUBLIC SIDE OF COURT WITHOUT PRIVATE SETTLEMENT.
Public side has only liability units to “pay” account. One is a debtor in public.
Private side has asset units that setoff, settle, and close an account. One is a creditor in private.
6. ONE CAN ONLY DO A PRIVATE SETTLEMENT WITHOUT TAKING PUBLIC BENEFITS.
Having an attorney represent the defendant is a benefit (incompetence)
Entering a pleading into the public court is a benefit
Public bond or bail or signature bond is a benefit
i. Bond by bail bondsmen
ii. OR Signature bond
iii. Police booking is a bond
Voluntary grant of general jurisdiction is a benefit
Follow a court order is a benefit granting jurisdiction to public
7. YOU CANNOT MIX THE PUBLIC AND PRIVATE PROCESS.
Double minded = dangerous = incompetent
8. ONE MUST RESPOND TO EVERY OFFER AND BE IN HONOR.
Every Communication, public and private, must be answered timely.
Response to public communication must be CA4V
Response to private communication is full A4V initially, then 3 part process.
Dishonor = non-timely response, argument, standing mute
Never argue: the facts, the jurisdiction, the law
9. THE PRIVATE PROCESS SETTLES THE CASE, THE PUBLIC PROCESS RATIFIES THE SETTLEMENT.
Two witnesses or more are needed for every resolution. One in public one in private
Genesis 23: Abram first settled the commercial issue in private- then public.
10. AN ENEMY OF THE PUBLIC HAS NO REMEDY FOR SETTLEMENT.
An enemy has no remedy in the procedures of the land, even when procedurally correct.