Table of Contents
Legal
Definitions
Misc.
References
U.S.
Constitution
NM
Constitution
The Challenges
BEGIN CASE
Section 1.0
Introduction to Case
The Presumptive Clauses
Comments on Presumptive Clauses
Exhibit 1.0 --
Initial Letter to Direct Merchants Bank
Exhibit 2.0 --
Second Letter to Merchants Bank
Exhibit 3.0 –
Follow up Letter to Merchants Bank
Exhibit 4.0 –
Affidavit of Revocation Of Signature for
Cause
Exhibit 5.0 –
Initial Letter to Attorney Catherine Sanchez
(Representing METRIS COMPANIES LLP)
Exhibit 6.0 –
Letter to Merchants Bank demanding proof
of the cancellation of all bookkeeping entries.
Exhibit 7.0 --
Second Letter to Attorney Catherine Sanchez
Section 2.0
Section
2.0 – Introduction.
Exhibit
8.0 -- Affidavit of Truth
Section 3.0
Section
3.0 Introduction
Exhibit
9.0 – Motion to Dismiss
Exhibit
10.0 -- MEMORANDUM BRIEF IN SUPPORT OF MOTION TO
DISMISS
Section 4.0
Section
4.0 – Introduction
Exhibit
11.0 -- REPLY TO PLAINTIFF’S RESPONSE TO MOTION TO
DISMISS
Section 5.0
Section
5.0 Introduction
Exhibit
12.0 -- RESPONSE TO PLAINTIFF'S MOTION
FOR JUDGEMENT ON THE PLEADINGS
Section
6.0
Section
6.0 --Introduction
Exhibit
13.0 - OBJECTION TO PLAINTIFF’S REPLY TO
PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS
Section
7.0
Section
7.0 --
Introduction
Exhibit
14.0 -- OBJECTION TO TELEPHONIC
HEARING
Section 8.0
Section
8.0 -- Introduction
Exhibit
15.0 -- Motion
To Demand Trial By Jury
Section 9.0
Section
9.0 -- Introduction
Exhibit
16.0 -- Motion
To Claim and Exercise Constitutional Rights
Section 10.0
Section
10.0 -- Introduction (UnFiled
Motion)
Exhibit
17.0 -- MOTION
TO DEMAND THIS COURT READ ALL PLEADINGS PLAINTIFF FILES WITH THIS COURT, AND
ADHERE ONLY TO
CONSTITUTIONALLY COMPLIANT LAW AND CASE LAW, AND MORE PARTICULARLY, THE BILL
OF RIGHTS, IN ITS RULINGS
Exhibit’s
A & B – Introduction
Exhibit
A -- MOTION TO VOID JUDGMENT PURSUANT
TO RULE 60 (B) (4), VIOLATION OF THE FEDERAL CONSTITUTION, THE POWERS OF AND
RIGHTS GUARANTEED THEREIN AND VIOLATION OF
FEDERAL AND STATE LAW
Exhibit
B -- BRIEF IN SUPPORT OF MOTION TO
VOID JUDGMENT PURSUANT TO RULE 60 (b) (4), VIOLATION OF THE FEDERAL
CONSTITUTION, THE POWERS OF AND RIGHTS GUARANTEED THEREIN, AND VIOLATION OF
FEDERAL AND STATE LAW
Section
11.0
Section
11.0 -- Introduction
Exhibit
18.0 - NOTICE OF DISQUALIFICATION OF JUDGE
Section
12.0
Section
12.0 -- Introduction
Exhibit
19.0 -- REPLY TO PLAINTIFF’S
OBJECTION
TO DEFENDANT’S OBJECTION TO TELEPHONIC HEARING
Section 13.0
Section
13.0 -- Introduction
Exhibit
20.0 -- Edwards replied to Metris' Response to her Demand
for
Trial by Jury
Section 14.0
Section
14.0 -- Introduction
Exhibit
21.0 -- NOTICE OF JUDGE RE-ASSIGNMENT
Section 15.0
Section
15.0 -- Hearing (American
Citizens are guaranteed trial
by jury, not “trials” by judges.)
Section 16.0
Section
16.0 -- Introduction
Exhibit
22.0 -- MOTION TO
CHALLENGE JURISDICTION OF THIS COURT and
TO REQUIRE
THE COURT TO VERIFYAND PROVE JURISDICTION
IN THIS
MATTER or TO DISMISS FOR LACK OF JURISDICTION
Section 17.0
Section
17.0 -- Introduction
Exhibit
23.0 --VERIFIED COMPLAINT IN QUO
WARRANTO FOR JAY G. HARRIS TO SHOW THE STATE OF NEW MEXICO ON WHAT AUTHORITY
HE DISCHARGES ASSIGNED DUTIES
Section 18.0
Section
18.0 -- Introduction
Exhibit
24.0 --COMPLAINT
FOR FRAUD, PUTTING FRAUD UPON THE COURT and UPON DEFENDANT, FOR COLLUSION AND
CONSPIRACY TO COMMIT FRAUD and PUT FRAUD UPON THE COURT and THE DEFENDANT, and
DEPRIVATION OF DEFENDANT’S CONSTITUTIONAL RIGHTS TO DUE PROCESS
Section
19.0
Section
19.0 -- Introducton
Exhibit
25.0 -- MOTION TO DISMISS
Section 20.0
Section
20.0 -- Introduction
Exhibit
26.0 -- NOTICE OF
DISQUALIFICATION
Section 21.0
Section
21.0 -- Introduction
Exhibit
27.0 -- OBJECTION
TO TELEPHONIC HEARING
Section 22.0
Section
22.0 -- Introduction
Exhibit 28.0 -- MOTION
FOR SUMMARY JUDGMENT IN FAVOR OF DEFENDANT-IN-ERROR
Section 23.0
Section
23.0 -- Introduction
Exhibit
29.0 -- REPLY TO
PLAINTIFF’S RESPONSE TO
DEFENDANT’S
MOTION TO DISMISS
Section 24.0
Section
24.0 -- Introduction
Exhibit
30.0 --
DEFENDANT’S
RESPONSE TO PLAINTIFF’S AMENDED
MOTION FOR JUDGMENT ON THE PLEADINGS
Section 25.0
Section
5.0 -- The
April 8, 2004 hearing
Section 26.0
Section
26.0 -- Introduction
Exhibit
31.0 -- DEMAND
FOR FACTS AND CONCLUSIONS OF LAW
Section 27.0
Section
27.0 -- Introduction
Exhibit
32.0 -- MOTION FOR
RECONSIDERATION
OF
DEFENDANT’S MOTIONS
Section 28.0
Section
28.0 -- Introduction
Exhibit
33.0 -- Judge
Harris' Order
Section 29.0
Section
29.0 -- Introduction
Exhibit
34.0 -- ANSWER TO
PLAINTIFF’S COMPLAINT
Section 30.0
Section
30.0 -- Introduction
Exhibit
35.0 -- MOTION TO
EXERCISE AND DEMAND THE CONSTITUTIONAL RIGHT TO TRIAL BY
JURY, WITHOUT CHARGE, AND TO CHALLENGE
THE CONSTITUTIONALITY OF NEW MEXICO
RULE OF
CIVIL PROCEDURE, 1-038, – FEE FOR CIVIL JURY
Section 31.0
Section
31.0 -- Introduction
Exhibit
36.0 -- lawful
notification to you, pursuant to The Bill of Rights
Section 32.0
Section
32.0 -- Introduction
Exhibit
37.0 -- Court
Order ( Constitutional Right to Trial by Jury denied)
Section 33.0
Section
33.0 -- Introduction
Exhibit
38.0 -- NOTICE TO
COURT OF SERVICE FOR REQUEST FOR ADMISSIONS
Section 34.0
Section
34.0 -- Introduction
Exhibit
39.0 -- NOTICE OF
DISQUALIFICATION
Section 35.0
Section
35.0 -- Introduction
Exhibit
40.0 -- NOTICE TO
COURT THAT JAY HARRIS, ACTING AS JUDGE, FAILED TO FOLLOW COURT RULES PURSUANT TO
LR 4-304G
Section 36.0
Section
36.0 -- Introduction
Exhibit
41.0 -- NOTICE TO
COURT THAT PLAINTIFF FAILED TO ANSWER
REQUEST FOR
ADMISSIONS
Section 37.0
Section
37.0 -- Introduction
Exhibit
42.0 -- MOTION TO
DISMISS BASED ON COUNSEL’S AND PLAINTIFF’S
FAILURE TO
ANSWER REQUEST FOR ADMISSIONS
Section 38.0
Section
38.0 -- Introduction
Exhibit
43.0 -- DEFENDANT’S
RESPONSE TO PLAINTIFF’S MOTION
OF EXTENSION
OF TIME TO FILE RESPONSES TO
DEFENDANT’S
REQUESTS FOR ADMISSIONS
Section 39.0
Section
39.0 -- Introduction
Exhibit
44.0 -- METRIS'
MOTION TO WITHDRAW AS COUNSEL
Section 40.0
Section
40.0 -- Introduction
Exhibit
45.0 -- Court
Order
Section 41.0
Section
41.0 -- Introduction
Exhibit
46.0 -- DEFENDANT’S
RESPONSE AND OBJECTION TO ATTORNEY FOR
PLAINTIFF’S
MOTION TO WITHDRAW AS COUNSEL and DEFENDANT’S OBJECTION TO HARRIS’ ORDER
ISSUED JANUARY 24, 2005 AND DEMAND THAT THE ORDER GRANTING MOTION TO WITHDRAW BE
REVERSED
Section 42.0
Section
42.0 -- Introduction
Exhibit
47.0 -- TO
DISMISS FOR LACK OF MATERIAL CONTROVERSY BASED UPON PLAINTIFF’S ADMISSION TO
REQUESTS FOR ADMISSIONS, THEREBY ADMITTING TO LACK OF JURISDICTION, FRAUD,
VIOLATION OF RULES OF CIVIL PROCEDURE, AND VIOLATION OF DEFENDANT-IN-ERROR’S
CONSTITUTIONAL RIGHTS TO DUE PROCESS and FOR WITHDRAWAL
WITHOUT PROPER NOTICE BY COUNSEL FOR PLAINTIFF
Exhibit
A -- REQUEST
FOR ADMISSIONS
Exhibit
B -- NOTICE
TO COURT OF SERVICE FOR REQUEST FOR ADMISSIONS
Exhibit
C -- NOTICE
TO COURT THAT PLAINTIFF FAILED TO ANSWER
REQUEST FOR ADMISSIONS
Exhibit
D -- MOTION
TO DISMISS BASED ON COUNSEL’S AND PLAINTIFF’S
FAILURE TO ANSWER REQUEST FOR ADMISSIONS
Section 43.0
Section
43.0 -- Introduction
Exhibit
48.0 -- Judges
Order to Dismiss Case