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