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When I first checked before I sent in this motion to dismiss under special appearance

special appearance number two was there was no sworn statement supporting the

And so I filed a special appearance motion to dismiss.

appearing, he appeared by special appearance via affidavit and in the affidavit, he filed

Do you have general appearance or do you have special appearance?

walk into court, I'm hearing a special appearance, yada, yada, yada, but see, that doesn't do

a court of special appearance.

I'm hearing a special appearance.

I'm here at special appearance, special appearance only, and I've already filed my paperwork

I'm here on special appearance only, and I don't recognize the court.

And if you were to make a special appearance and argue that they didn't have in personum

we answered with, you have a special appearance, Ali.

They're asking you to eat, and that's why I always go in on a special appearance on

special appearance and, you know, before I were to really even want to claim my special appearance,

be brought before the court, that I would be operating my agent and making a special appearance

if you're doing a special appearance, you don't even have to label it subject matter

jurisdiction as a special appearance. If you challenge subject matter jurisdiction,

is is that i had filed so many i'd filed three motions under special appearance challenging

typically what happens is you end up in front of the court clerk and you know the magistrate's not even available and I was just going to say what I've been doing is appearing via paperwork under special appearance

that's right a ticket doesn't right so basically what I'm saying is you appear via paperwork and you appear special appearance rule 120A and you challenge all this stuff and you challenge the fact that they didn't basically it's insufficiency of process

I've had a good deal of experience in the past few months in traffic court myself, and what I find is I make my presentment generally that first and foremost I'm on a special appearance by no means should it be construed as a general appearance

was really working at the time, dismissed all the special appearances,

So anyway, now it's my understanding that because this is filed under special appearance,

This is a special appearance, but it is an appearance, yes.

I stood on here on special appearance as an intervener to speak to the matter

And then he looked at all the other things because he had four of them. One of them was special appearance attacking the jurisdiction of the court and written arraignment because of he was sleeping in his car, you know, and then a demand to dismiss.

I wanted to talk about Rule 120A, Texas Rules of Civil Procedure Special Appearance.

The deal is not withstanding the provisions of Rules 121, 122, and 123, a special appearance

A special appearance may be made as to an entire proceeding or as to any severable claim

Special appearance shall be made by sworn motion filed prior to motion to transfer venue

subsequent thereto without waiver of the special appearance and may be amended to cured effects.

special appearance.

And my point here is that we must make a special appearance immediately on all issues.

You simply waive it if you make a general appearance before you make a special appearance.

go to court and by special appearance and you tell them you're not here to plead your,

And then, you know, I put in the statement that the accused makes this special appearance in order to determine

Now, there is the fact that you do need to state that you are making a special appearance, okay?

So make sure that you reserve this as a special appearance under threat and duress, because it is

But do not forget to reserve your right of special appearance

Impersonal can be withheld by special appearance rather than general appearance

a special appearance.

In general, the banks are using special appearance attorneys who do not have any relationship with the client.

Most of the banks are using special appearance attorneys who do not have any relationship with the client.

And then the attorneys from the large law firm farm it out to special appearance attorneys.

Fortunately the other attorney, they do mostly special appearance attorneys,

Yes, he should make special appearance, motion to dismiss,

So basically, it's just a special appearance under Rule 120A,

Is there such thing as a special appearance in a criminal trial?

A special appearance is for three things, a challenge subject matter jurisdiction,

I recall something in the motion to dismiss the special appearance that I was traveling

I love that one. So you would say that challenging jurisdiction using a special appearance and hitting them with the fact that these guys are

So I'm thinking we never make a general appearance, only a special appearance, once there's a service.

As a rule of thumb, never make a general appearance until all of your special appearances have been denied.

Yeah, and do remember that in those cases you must specify each motion or document filed as being filed under special appearance.

It was like a Word document, and it's a special appearance deal.

So I went to the Bartlett Municipal Court to file this special appearance.

the special appearance.

and then we'll handle this over here, you know, the special appearance.

And I told him, I said, well, I'm making a special appearance.

Okay, so I think I filed the special appearance. I hope it's filed.

Okay, all right, so I need to check that out, but one of my biggest things is when I did so-called file the special appearance thing,

Okay, and I don't want to hold up anybody else, but, you know, so I'm just worried about my special appearance now,

The verification, because there's a, I used Randy's special appearance.

you are filing the motion as a special appearance,

Special appearance means I am not waiving any of my rights

I make a special appearance for the express purpose

and I said by special appearance if that was agreeable to the judge, well, like he didn't know what this was and one thing or another.

As far as the special appearance goes, you cannot waive your right for impersonal jurisdiction.

for special appearance, are they granting jurisdiction of the court?

Special appearance doesn't mean without being there, okay?

Special appearance means you're not waiving impersonal jurisdiction in order to make the

They're granting impersonal jurisdiction if they're not doing it in special appearance.

Now do I want to file, well I do want to file a notice of special appearance.

Now the thing is, is most states do not recognize special appearance in a criminal case, only

And he says, really? I said, yes, sir. I said, I've come here to address that problem and I need to make a special appearance before the court now

So I repeated. I said, I'm here. I had requested a special appearance before the court so we can talk about this matter.

But then when I brought up you know that I wanted a special appearance at you know be there under special appearance which if that that makes the jurisdiction go on.

I never entered a plea in my traffic case, and I made a special appearance and told the

Regardless, I made a special appearance and told the judge that I was...

these cases is a special appearance, not a general appearance, you file special appearance

make your special appearance, if you want to preserve a special appearance it has to

And two, you know, you just simply go down there and argue it as a special appearance

You file the motion to quash the summons under special appearance

And special appearance I can walk down there and just ask for one

But just tell them that you're there for special appearance

I make a special appearance to quash

Okay, Joshua, you understand what he means by special appearance

Okay, a special appearance is an appearance for the purpose of challenging the subject matter jurisdiction of the court

And saying, I'm here on a special appearance and demand that you prove that you have jurisdiction to order me to be here

That's why it's called a special appearance

You have to preserve your special appearance

And in order to preserve your special appearance, your documents have to be notarized

They haven't noticed you in a story, you file your special appearance, notarize, motion to dismiss based on no notice

You move to quash the complaint and you notarize that too with a special appearance

Everything you file has a special appearance with it, everything has to be notarized to preserve your special appearance

You did not agree to a special appearance.

Not a general or special appearance.

And so we're going to get them some documents, motions to dismiss based on lack of notice, based on no notice. Now, in order to preserve the no notice defense, you have to make a special appearance, not a general appearance to the court.

We can get them a motion to dismiss, special appearance for no notice.

You want that, you want that documented and also part of your preserving your special appearance.

Because remember, when you guys show up and when you file these documents, you are making what's called a special appearance.

And so you want to preserve your special appearance so you stay out so you can maintain your objections to all their different forms of jurisdiction.

And so putting that declination to plea in there is one of the ways of preserving your special appearance.

or wanting us to discuss a little bit more about the special appearance

Okay, the reason you do it as a special appearance is this.

Thus, special appearance to challenge the jurisdiction is proper.

Therefore, we hold it under special appearance

is that you've got to preserve your special appearance.

from always saying as a special appearance

you wave special appearance.

Yeah, and preserving that special appearance

So maintaining that special appearance

or accidentally waving your special appearance,

And the special appearance and on and on, the whole bit.

Okay, but look at the ticket and find out what the Honor Before date is, because that's when you're going to need to file some documents with the court Honor Before that date, some special appearance and motion to dismiss and things like this, and you need to get that from Eddie.

And one of the first things we're going to file is a special appearance demanding a dismissal

Last but not least, we're putting in a motion of special appearance and dismissal.

That's one of the things, just one of the things this special appearance motion brings out.

You've waived impersonal jurisdiction by entering the plea. You waived impersonal jurisdiction by making a general appearance instead of a special appearance. Don't ever make a general appearance.

Now, because I've already appeared generally, and I was, I was just looking up what a special appearance actually means.

Apparently in some cases in some states at least that you can make a special appearance.

So when I returned to the court, based on what you just told me, would this be a special appearance then?

You can't go to a special appearance if you've made a general.

You cannot make a special appearance after the fact.

There is one, well, that's just two special appearances you can make.

If you have that in before any appearance at all, does that automatically protect your special appearance?

And you're always considered in special appearance the entire time that you're in the court?

written directly into our special appearance motion that we had filed weeks ago.

You know, my point today is telling them I was there by special appearance and that

Now, we go into the fact that every document, every single document we file will be presented under special appearance, everything.

The moment you go in without specifying it is a special appearance, you are having yourself a general appearance, in which case, in personum jurisdiction is automatically waived and you will never get it back.

Once a general appearance is made, special appearances are no longer an option, jurisdiction over the person is now presumed. We are not going to allow them a single presumption to rely on.

The moment you make a general appearance, a special appearance is no longer possible.

You can no longer stand at arm's length under the umbrella of a special appearance.

He said, I deny your special appearance.

But I, my guess, my first question is, is the judge, I don't think he has authority to deny a special appearance.

You have every right to reserve a special appearance.

And the judge attempted to deny a special appearance without authority and jurisdiction to do so.

Okay, so just to make that clear, I need to write up an affidavit of the conversation that took place and where the judge had denied my special appearance.

Well, you would file a special appearance.

And for the purpose of everything else, yes, it's a special appearance. Everything you

do is done by special appearance. Never make a general appearance when special will do,

Okay. And I do it by special appearance.

You'll do the discovery motion by special appearance. You don't have to do... There is

no special appearance in a records request.

And when I was at my arraignment, I had a special appearance and the judge had denied that and I objected.

I'm here especially and he never did issue the special appearance or prove to me that he had subject matter jurisdiction.

Here's the issue that you're looking at when you make the special appearance.

In criminal court venues, there is no such thing as special appearance.

Special appearance is reserved for civil situations.

That's why you can make the special appearance, at least here in Texas for sure.

Only if you can show state has never proven standing on the record and that it's a non case will special appearance apply because the case by definition must be civil.

You're saying that I can't use the special appearance or shouldn't even bring that up?

There's a special appearance, but they're not in criminal until they get past the special appearance.

So your special appearance would work fine as long as you've protected the civil aspect of the case properly.

But in personum, if you waive that by addressing any of the merits of the case, or not reserving your special appearance, then that is gone.

I've gotten all my documents in for challenging in personum, and I've preserved my special appearance rights and challenge all notice violations, et cetera, and also challenging jurisdiction or subject matter jurisdiction.

You need to file a special appearance demanding the dismissal of the case.

And have a special appearance.

Special appearance motion to dismiss.

It's simply a motion to dismiss. Make sure it's filed as a special appearance.

Okay. Special appearance and motion to dismiss.

I say, Judge, I'm here on special appearance only,

And we have titled this particular document, Respondent Special Appearance and Formal Notice

This particular document is titled Special Appearance and Notice of Declination to Appear on False Summons.

by the issuance of a proper misdemeanor summons, Craig enters this special appearance

and we restate our special appearance and objection to those facts herein.

Craig has already fully complied with the alleged duty to appear before the court when he filed his special appearance and other pleadings with the court on July 17, 2012.

only once we file our original motions, our special appearance, like for instance in the

a non-resident alien individual and that i appear before the court in special appearance to state

Okay, well, so I haven't totally screwed myself by filing this thing, right? Because I filed it with special appearance and...

But as long as you kept it as a special appearance and you haven't waived jurisdiction by entering a plea, producing anything associated with transportation...

Did you file that motion as a special appearance?

You haven't filed the special appearance.

So you've just filed one motion and was, did it say special appearance?

So as long as you reserve special appearance, again, we're down to the argument of what's

But you also have not filed a special appearance and motion to suppress because the officer

Did I do a special appearance?

You would do a special appearance in order to do a challenge to subject matter jurisdiction.

That's a special appearance.

you said special appearance denied, so that was the end of that, you know?

Okay, what you say is, you haven't heard the special appearance, most special appearance

And it kind of ended interestingly he just said well and I also appeared specially the third time I said this is a special appearance by the way

So again, motion to suppress affidavit not in commercial transportation, special appearance to dismiss, lack of jurisdiction, and so on and so forth.

Right? Not only that, you have waived special appearance and have now submitted yourself to general appearance.

the jurisdiction of the court via special appearance

You filed a special appearance, declining to enter plea.

And then you said to file a special appearance motion.

The special appearance is the special appearance

You've waived personal jurisdiction and you've given up any opportunity for a special appearance to say, hey, this, you didn't have jurisdiction over me to begin with.

As addressed in Rodriguez's Special Appearance and Motion to Dismiss, Rodriguez, by law, is entitled to proper notice, i.e. service of a written copy of both the criminal complaint and proper charging instrument, i.e. an information, not later than the day before the date of any proceeding in the prosecution under the provisions of Articles 1.05, 2.04, 2.05, and 45.018B Code of Criminal Procedure.

Therefore, Rodriguez requests that head administrative judge Billy Ray Stubblefield grant her special appearance and inner of finding an order declaring that

So I'm here by special appearance.

So I'm here by special appearance.

so we want to do everything as a special appearance.

If you don't do it as a special appearance, general will be presumed and you've waived

And the long story short, I ended up in court on the 18th, like the citation stated, and I wrote up my special appearance affidavit and submitted it in court record and got it file stamp copy back.

If you do everything by special appearance, no.

But if you do anything without reservation of special appearance, you've made a general appearance.

But the moment he started explaining any reason he had for saying that the accused had waived special appearance and all this other kind of stuff, I could tell by the way he was making the argument.

summoned. So, and I go in there with my special appearance

jurisdiction up here with a special appearance. That's for theory and I filed an affidavit

basically with the affidavit that was a special appearance affidavit, not proclaiming any kind

We filed a special appearance motion to dismiss.

My special appearance state has not proved standing to bring you into court at all

They the court doesn't have subject matter jurisdiction. That's what a special appearance is for is to withhold

Personal jurisdiction if you file anything in your case that fails to reserve special appearance

So a special appearance applies

to travel was a special appearance. I went to four different hearings because I kind

of David on the right to travel and it was submitted a special appearance and I

and then on the last hearing, the fourth one, I filed an affidavit, special appearance, never signed my rights away or any kind of statement

but anyway, I presented a special appearance to affidavit, the right to travel, basically

Right, so that being the case, then notice the special appearance, the objection to a non-judicial proceeding, a motion to dismiss for lack of subject matter jurisdiction, all that applies to this scenario, right?

I'm here on special appearance only as court does not have subject matter jurisdiction.

I'm here, you know, on special appearance only.

I've come up for, quote, arraignment. I went in under special appearance.

You know, I did go up under special appearance, tried to get the judge to dismiss it because of that.

Okay. Well, the reason I'm calling is I just had a real quick question. I entered a special appearance, a motion to dismiss, and then, remember, I emailed you and she said that it would probably go to warrant.

court and those were basically regarding my special appearance, being out in commerce or

And one other thing I wanted to say is, here in Illinois, I was talking to a guy I found unscribed. He's a priest through here. And he said that we don't have special appearance in Illinois for criminal cases.

No one has special appearance for criminal cases. But the problem is, is if you are not engaged in transportation, this is not a criminal case.

All non-cases are civil. Therefore, special appearance applies. That's what my special appearance motion makes the point of arguing.

Well listen, I sent you an email, this is about my speeding ticket that I'm finding in Randall County, but I already filed the special appearance motion to dismiss, declination to a plea

Yes sir, well I have a property that I submitted some motions for the special appearance, the waiver of counsel, the declaration of plea and the affidavit for not engaged in commerce

Well, you did a motion, a special appearance and a motion to dismiss that says that I want it dismissed based upon an AG's opinion of the unconstitutionality of the statute

When I went to the municipal court as well, I went under special appearance, as you stated.

Special Appearance and Demand Letter to whom it may concern on or about whatever date I

Sure. The motions that are part of the seminar material that get filed in these cases right off the bat, there is a special appearance motion that documents the complete and total lack of notice in a timely manner in accordance with law and the rights of the accused.

the court you do it via special appearance special appearance is proper

even though the cause is criminal a special appearance is civil however a

criminal therefore a special appearance is proper and appropriate for the

purpose of challenging jurisdiction the reason you make a special appearance is

that correct that's why you make the special appearance okay I got you so do

can say my appearance I reserve the right of special appearance okay that'll

okay so basically you reserve the right to make a special appearance before the

Yeah, and it is. Now would she make a special appearance prior to that?

Everything is a special appearance.

Okay. Here's the last one. It's kind of the same thing. Wife, and you heard me talk about this one before, but wife was pulled over while traveling. She made a special appearance.

And I was thinking, well, maybe, you know, should I do that before my special appearance or does it matter?

I rescind my signature on the first trial because it was under threat. I'm there making a special appearance.

However, everything that's used in relation to this specific case has to contain special appearance language.

I'm in Ohio, so I downloaded and submitted your special appearance letter with a couple minor modifications with the date, and to the county and to the city traffic enforcement program.

Now, in response to the special appearance letter, the City of Millbrae, the automated enforcement, automated photo enforcement group sent back a document related to the open records requests in there, at least two of the four items.

I did get a – I sent the same special appearance letter to the Superior Court that sent the bail notice. They did not reply with any records requests themselves.

The special appearance letter is the only thing that I sent them, so it doesn't identify what the request is that they're denying.

Well, just the – I mean, certainly the open records are demands that are in the special appearance letter.

If they haven't done that, then you need to be filing a special appearance and motion to dismiss, lack of notice.

Yeah, in our original special appearance and motion to dismiss.

And not to play devil's advocate or anything, but in your red light special appearance letter here, you do cite the Fourth and Fifth Amendment.

The words 4th and 5th Amendment do appear in your red light special appearance.

Yes, I did. The first thing I did is I never appeared in their court. Everything was special appearance. I never appeared.

Now, put everything in your motion for new trial that normally would have been in your special appearance

Just simply put in your special appearance and motion to dismiss the fact that you were never given notice of the complaint.

When we went in for the hearing on the preliminary injunction, a defendant's attorney showed up and said, he claims special appearance.

You just basically came today to note your client's special appearance and all that.

Okay, so the judge says, well, you're claiming special appearance.

special appearance motion to dismiss.

I am just here by special appearance only for one purpose,

But at any rate, this is what the special appearance is for.

you always make what's called a special appearance for the purpose of challenging the subject matter jurisdiction.

All right, you make a special appearance for the purpose of challenging their subject matter

And you may do it by special appearance.

And I wanted to read a little bit here on their administrative hearing process by writing, because, you know, this will give you an idea of the principles that we're describing here about the special appearance and challenging the jurisdiction and such.

And then all of a sudden it's a whole different ballgame. This is what's called the special appearance. You don't enter a plea. You're not playing guilty. You're not playing not guilty.

Okay. Any little tiny thing that you do that is anything other than saying this is special appearance only, the only reason I'm here, the only reason I'm writing to you is to challenge your jurisdiction and to let you know that you have no authority to regulate me.

Okay. So you just send the special appearance letter to the address, certified mail, and you just basically state the facts. You weren't in transportation. This is not a vehicle, et cetera, et cetera.

and I said here by special appearance to challenge jurisdiction,

The moment you walked in and did not say you're there by special appearance, you waived personal jurisdiction.

You're just going to simply write that you made an appearance, a special appearance there on such-and-such date

Special appearance is very important that you put that.

But if you don't appear by special appearance, then you're objecting.

I am here by special appearance to reserve or I reserve my right

to special appearance to challenge the jurisdiction of this so-called court?

I said, I'm here by special appearance to challenge the jurisdiction of the court.

I'm here by special appearance to challenge jurisdiction.

So if you go, the first thing you do is, look, I'm here by special appearance.

I also mailed them the respondent's special appearance and motioned a quash for summons.

As a special appearance, the motion to quash, even though I mailed it to them, should I file that?

And again, when you show up, the only thing you're doing is appearing by special appearance to challenge the jurisdiction

I said I'm here by special appearance to challenge jurisdiction.

I have filed judicial complaints, and the judge was still sitting the second and third time I made my special appearance.

His special appearance.

His special appearance, correct. And he is talking about how he doesn't want to cross and open up the gate and there and I am telling him, look, you just file the special appearance and you walk past that gate, it's not a problem.

We're challenging their jurisdiction. We've done everything by special appearance.

The first words out of your mouth is always I am here by special appearance to deal with the deal with this.

But if you don't reserve it as a special appearance, it is a general appearance and you've waved several very important jurisdictional issues.

you say, I'm here for that matter and I'm here on special appearance only.

Yeah, always start with a special appearance.

I am here by special appearance to challenge the jurisdiction of the court

and when she went in there and said, I'm on here in special appearance only,

She can't be the plaintiff in there by special appearance

because the entire reason of special appearance is to challenge the jurisdiction of the court

It can't be where she is the plaintiff and her exert special appearance.

Yeah, she went in on special appearance only when she was a supposed defendant,

We've done everything by special appearance.

your mouth is I'm here by special appearance to challenge the jurisdiction of the court

It's always a special appearance, always.

And I would include that in my argument and file it as a special appearance and motion

And I was Googling things, and I looked up, and I just found a letter that you had put together for the respondent's special appearance and demand letter.

I am hereby special appearance to challenge the jurisdiction of the court.

So I'm going to court, and I'm here on special appearance to – I've got to write that down, actually.

Well, they're going to try to deny your special appearance, which they can't do.

I just have one quick comment on the special appearance,

I mean, yeah, when you go down there on special appearance,

And in fact, the special appearance language that the gentleman asked about before,

And you would have already used the special appearance line

So yeah, the special appearance script doesn't have it,

a pleading and he marked it down as its special appearance and he did it in writing and he

And the first one is, I reserve the right of special appearance to challenge the jurisdiction

If you fail to reserve your right to special appearance, you're waiving personal jurisdiction,

Basically, I was going to file the special appearance motion, motion to dismiss.

Second question, when I went to file my motions, I went to file my motion, Declination to Plea and Special Appearance, I go down to the clerk's office

because in the original case in that special appearance motion, it deals specifically with 2.04 and 2.05 of the Code of Criminal Procedure

I am here by special appearance to challenge the jurisdiction of this court, and I move that all proceedings be on the record.

I move that the judge make a handwritten entry as to my special appearance

I am here by special appearance for the express purpose of challenge of the jurisdiction of

I restate for the record my opening statement, I am here by special appearance for the purpose

But you've also got a special appearance motion that's there for the purpose of challenging notice

Well, the first thing you're going to do is make sure you appear by special appearance

Appear by special appearance.

Never go into a court without saying, I reserve the right of special appearance

Everything needs to be filed under the rule of special appearance.

Affidavits, notices, motions, briefs, everything is filed under special appearance

Special appearance and motion to dismiss, affidavit if not in transportation or commerce,

There's a lot that needs to be put into that special appearance motion to dismiss, however.

I am here under special appearance to challenge the jurisdiction of this court, and I move

Anything you do. I am here by special appearance to challenge the jurisdiction of whatever the hell this is.

Now, the motion to dismiss, that's the special appearance motion.

On Monday, I went back with two witnesses, and I filed the motion to dismiss for, you know, special appearance.

Okay, and I hear you talk about special appearance a lot, but it appears in O'Connor's that special appearance is specifically for challenging personal jurisdiction

That's correct. Well, no. Special appearance is for challenging any jurisdiction, but personal is one of those that can get waived

You always have the right to challenge subject matter, regardless of the course, but the special appearance reserves the right so that personal jurisdiction isn't waived. That is correct

Right, and as far as any of that goes, anything that you sign relating to the charges, any plea you enter, any motion you file without reservation of special appearance makes the appearance general

And I found that if the whereabouts of the defendant or respondent is known, then that particular form of notice is insufficient for notice, so you could challenge that lack of notice by special appearance and challenge the personal jurisdiction. Is that correct?

But I filed a few notices and special appearance and all that stuff

Then that should be in a court of record, which means all you have to do when you go in there, reserve your right of special appearance, which they'll say is only for civil cases

So I have the right to make a special appearance to protect my right of jurisdiction

So that's the reason I'm here by special appearance to challenge the jurisdiction of the court. I move that all proceedings be on the record

You know, I challenged everything on special appearance. I asserted my special appearance.

Well, that's what your special appearance is.

The special appearance is a motion for dismissal.

file your motion to dismiss special appearance, and so on and so forth, okay?

We went in and all of my documents had it as being appearing by special appearance and

And again, I told him that I was here by special appearance to challenge jurisdiction and that

Hence, the reason why the special appearance in motion to dismiss says what it says.

based upon lack of notice, just like it is in the motion to dismiss and special appearance.

was only appearing under duress and that I was only there under my special appearance

trial they did not swear anybody in i told him i was there by special appearance to challenge

Yep. And we had written before the time to appear, a special appearance,

You can make a special appearance.

Special appearance letter.

But I wanted to ask you, you know, since I'm filing these paperwork that say, you know, special appearance and things like that,

So just to tell you some of the paperwork I filed, I filed my special appearance with notice to the Smiths for lack of jurisdiction.

I then filed paperwork, filed a special appearance

I filed a special appearance and motion to dismiss, affidavit of not in commerce, a declamation, a plea, and a public information request.

I filed a motion, a special appearance, emotionally to dismiss.

Well, the special appearance is the motion to dismiss.

And then you refile a motion or a motion for rehearing on your motion to dismiss, your special appearance motion.

And I had with me my notice of special appearance. And I called up and I recognized her voice. And I said, I think I've talked to you before.

And I said, well, I'd like to solve this notice of special appearance. And she says, well, we can't accept that.

I said, well, and I pushed my papers across. I said, would you be able to solve this notice of special appearance?

Now, they, like I said, they wouldn't accept my notice of special appearance. And their attempted logic, I thought, was odd.

Would you also file this notice of special appearance? But, you know, at this point, it sounds like I'm good.

But what we have is the four primary documents, if it's criminal, is the special appearance

I said what I am here for today is I'm here in appropriate persona on a special appearance

And I said, I'm here in special appearance.

When he saw that I was there in special appearance, he kind of like, he goes,

you're here in special appearance?

He's here in special appearance.

He just read the special appearance.

He goes, oh, you're hearing special appearance.

Well, the reason they like to state that special appearance has no place in a

You keep challenging their authority to go beyond the special appearance

And I said, by special appearance, she said, I'll enter not guilty.

Respondent filed her special appearance and motion to dismiss the trial court in a timely manner

You know, it's like I stand on the, no, I come in special appearance and challenging subject matter jurisdiction because I was not engaged in commercial transportation.

So the challenge to the subject matter jurisdiction, that's – you're coming in as a special appearance, is that correct?

They also deny you the ability to make a special appearance for that purpose, which they also have no authority to do.

All right. So in the case of making a special appearance for challenging the jurisdiction of the court, there is no procedure for that in the Code of Criminal Procedure.

For the purpose of filing this special appearance, pursue it, Texas Rule of Civil Procedure 120A,

kind of what I was thinking of is first things first, the special appearance challenges subject

Another question. Is there any need for me to say that I'm there by special appearance?

This woman, the first thing she jumps on is the motion's argument for a special appearance.

That's where the special appearance is found.

of a special appearance in the criminal code like there is in the civil code.

But to say that in a criminal case, the accused does not have the right to make a special appearance

The defendant purports to make a special appearance objecting to the court's subject matter jurisdiction,

There is no criminal procedure equivalent to a civil special appearance under Rule 120A, C-Coil v. State.

that there is no special appearance in criminal cases.

then you cannot possibly be making the argument that a special appearance in a criminal matter is invalid

because any appearance outside of a special appearance in any court is a waiver of jurisdiction relating to venue and person.

the motions that are in the thing under special appearance. They're going to deny special

make sure it says that you're doing it under special appearance. But in your motion for

and lack of evidence. Okay? Make sure that these are filed under special appearance. You

reserved the right for a special appearance to challenge the jurisdiction of the court

You're there by special appearance.

the, and I notified him that I was there at arms length of the court at a special appearance.

I go, again, I'm here with special appearance, arm's length of record.

special appearance to challenge their jurisdiction to have you in that court.

that will ever come out of your mouth is I reserve my special appearance to

when you go into one of these courts is I am here by special appearance

If you say anything at all prior to reserving your right of special appearance

All right. My wife got a DWI in Livingston, and she has panic attacks. So what I want to do is I want to go in and go under special appearance, sue jurists, and by marriage and common law, the husband and wife are one body in law.

That was what I was looking at. And as going in and saying you're here by special appearance, I was believing that would put it into a common law jurisdiction.

No, it does not. Special appearance is there for the purpose of challenging the jurisdiction of the court.

So, you do special appearance for that purpose, but it doesn't change anything about the court. It changes your status of appearance. That's what it does.

Correct. Okay. I'm aware of what you're saying. And we're definitely going to go in and state special appearance.

which you're trying to reserve by making special appearance in your written motions.

But just remember, every motion needs to be filed under special appearance.

You know, like we actually, you told Judge you're making a special appearance. And...

I showed up. I filed pre-trial motions, special appearance and all that stuff.

But I approached the bench and special appearance and I asked him

Well, you know, when you walk up, I said I'm here to challenge the jurisdiction of this. I'm here by special appearance to challenge the jurisdiction of this court.

like special appearance request while I was incarcerated and saw the judge in jail the next day and so on.

you've also got to appear in special appearance for the purpose of challenging

I went in for the record on special appearance, proper persona, and put in a

I filed a special appearance challenge subject matter jurisdiction affidavit of not in commerce because I was not loaded and not dispatched on a load at the time that this happened.

Okay, let me read you rule 120, a special appearance notwithstanding provisions rule

121, 132, 23, a special appearance may be made by any party either in person or by attorney

Special appearance may be made as to an entire proceeding or as to any severable claim involved

The court shall determine the special appearance on the basis of the pleadings, any stipulations

Any such special appearance or such a general appearance shall not be deemed a waiver of

Special appearance mandamus is the appropriate really in this case.

Everything you do in writing, always by special appearance.

I am here by special appearance for the purpose of challenging the jurisdiction of the court.

That special appearance becomes a general appearance and impersonal jurisdiction is established.

Yeah, that's what I did. I challenged the jurisdiction by special appearance.

When I do a motion, should it be prefaced with or should it include by special appearance or things like that?

Everything you do is by special appearance if you're challenging personal jurisdiction in any way.

The moment you fail to assert special appearance, personal jurisdiction is waived.

It wouldn't let me express myself telling him I'm there under special appearance, not general and all this other stuff

Well, the thing is, 1-308 doesn't have a damn thing to do with that court or special appearance

Okay, so I got another question for another situation, but when I do go to court on the 8th, do I push the bench with the – I'm here under special appearances because I know they're going to say defendant.

Nothing leaves your mouth before you assert special appearance.

Always and forever, when you respond in verbal form in any session, the very first thing you say when you're called is, I am here by special appearance to challenge the jurisdiction of the court.

And there isn't an address where I could show up in person to do a special appearance or anything like that. So I'm kind of.

She'll probably eventually get me to the JP where I'll go in there and do my special appearance speech.

What do you mean a special appearance speech?

I'm here under special appearance at arm lengths of the courts challenging subject matter jurisdiction.

Well I have a special appearance in Nashville on the 2nd of March for a pre-trial hearing

but they don't have the special appearance.

And I forget how I had to word it, but it's like when we make a special appearance

of special appearance challenging impersonal jurisdiction.

Do the impersonum, do the special appearance first, declination of pleading, not engaged

plea to personal jurisdiction, special appearance, lack of personal jurisdiction.

after you file the special appearance.

I wanted to make a special appearance, specialization in person. I'm challenging the personal jurisdiction of the ticket.

case, a Brady motion for discovery, a speedy trial motion, a special appearance here in

file a special appearance, if you filed anything else including a subject matter jurisdiction,

anything, but apparently in Texas they written it so that first thing is a special appearance,

a special appearance for the purpose of challenging in personum jurisdiction, now you're going

is a special appearance, we filed two or three information requests, we filed discovery and

we filed is a special appearance in a subject matter jurisdiction challenge, Brady motion

And I'm going to include the special appearance. Now, technically, the special appearance had to be filed first.

a written special appearance. And you need to state reasons why they don't have jurisdiction.

Yes, yes, so in the case of the judge and saying special appearance

I said I was showing up as a special appearance and the court insisted that I was showing up in person.

So I'm showing up as a special appearance, the court, and everybody varies to immediately assume that they are some kind of posy comatotus slash, as you would say, patron up.

trial and bona fides, a challenge, subject matter jurisdiction, special appearance, counter

well, I'm here in special appearance. Arms went to the court, and here's my special appearance.

So you file in all these documents, special appearance to challenge subject matter jurisdiction,

The second place we go to is special appearance.

So we put together this special appearance.

You hand her a special pleading, special appearance.

The first thing we start with, and this actually comes from Eddie's input, is a special appearance.

A special appearance is a challenge to subject matter jurisdiction.

a plea, okay I'll give you a plea to the jurisdiction and special appearance, but if you can't

Yeah, I was taught. I would talk real quiet and I was the I'm here in special appearance

All of those documents go to special appearance in person jurisdiction first because it must be then subject matter jurisdiction.

File a challenge to subject matter jurisdiction, special appearance.

I have a special appearance before the court and a plea to the jurisdiction.

I have a plea before the court in the form of a special appearance and a plea to the jurisdiction.

I walked in and thumped my chest loudly and said that I am here by special appearance.

I again told him, I go, look, I'm here. I'm special appearance, challenging subject matter,

and in special appearance, and I cannot consciously enter a plea or make a plea,

special appearance, they're not going to be impressed with what you say you're going

You need a special appearance and subject matter jurisdiction challenge actually filed.

challenge a special appearance a objection to oral argument a petition for financial

into the court in the form of a special appearance and they hadn't saw any of the filings that

You might want to include with the ticket when you mail it in a special appearance.

And the special appearance says that you do not fall within the in personum jurisdiction

and file this special appearance and then a 70-better jurisdiction challenge.

jurisdiction, it was a special appearance. No, we had a special appearance. We also

had, oh, this was the first day. Yeah. We had a special appearance. The judge said

on top of the special appearance for the first day. And then the summary judgment, they're

Yeah, I'm just a little confused about the special appearance is a jurisdictional challenge. So is the municipal judge acting without jurisdictions from the moment the motion hearing commences because the prosecution never entered any evidence in the record to approve jurisdiction?

I haven't read any special appearance, so I'm not to.

Another case of my buddy, he got a speeding ticket in a little town over here in Texas, and we got going on it, and we went and filed any special appearance and, you know, attachments with, you know, an objection around robbing.

No, I don't, yeah, I know that none of that was in that first special appearance, but it was just a jurisdiction, all that good stuff.

Did you file a special appearance, I take it?

Yeah, we did the special appearance.

Yeah, the challenge to subject matter jurisdiction is all in Eddie's special appearance.

That's why I like subject matter jurisdiction first thing and special appearance, special appearance is a subject matter jurisdiction challenge.

And they're written for Texas, but there's a lot of stuff that's standard, a Brady motion and a motion in Limone, a special appearance.

You have a special appearance first thing

A special appearance

A special appearance is a challenge to in personum jurisdiction

And of course, the judge, when I got before him for the special appearance, he looked

He kind of got there almost a little late, but anyway, we filed a special appearance, and of course the judge rejected it out of hand, because he didn't know what that was, and he didn't read it or anything else.

Okay, Tim? Yes, sir. On the special appearance on Senator

special appearance that we had presented before the judge and she was objecting because

special appearance with the judge I don't know if you remember or not but on

special appearance in then they sent me a first amended complaint and basically

bailiff and then the judge not accepting my special appearance they shoved a

really so my special appearance is out the window yes sir oh boy okay all right

Well, we did it on the new case because of he denied our special appearance.

explain to him the special appearance. And I said, well, wait a minute, he says, listen,

what this special appearance is that is written law, because you're both attorneys and I'm a

They listed special appearance.

So I went to the pre-trial hearing, I went to that, that's when I filed my special appearance with them

And so when I went up before the judge, the judge wanted me to explain to him special appearance

I'm sorry, I did not call this a first appearance, but it is a special appearance

And also, I filed a special appearance that...

You'll find a special appearance.

Special appearance, special appearance

Special appearance is the subject manager's jurisdiction challenge.

And he got his special appearance in there.

The special appearance motions

File a special appearance, a challenge subject matter jurisdiction, an in limiting motion, a demand for discovery,

You can file, like a special appearance. Special appearance is valid in every state. Essentially, a special appearance is a challenge to the subject matter jurisdiction of the court claiming that while the court may have subject matter jurisdiction or may have jurisdiction over the subject matter,

getting them well my motion of special appearance my you know yeah i'll make well i'll i'll try calling

special appearance, a bray motion, a limiting motion, a demand for examining trial, a whole

This is specific to Texas, but of the special appearance, the preliminary hearing motion

The thing was, they also denied my motion for special appearance.

I said, you know, I'm here in special appearance and he told me this isn't a court of record.

I said, well, you know, I was under special appearance, I'm here in Impropia persona.

He's like, there's no such thing as special appearance in criminal cases.

I don't know, but they denied my motion for special appearance, my petition, coming in

special appearance.

Brady, the lemony, special appearance.

So special appearance and yeah.

a special appearance at your arraignment in in California and not another way

that didn't make sense a lawyer cannot make a special appearance yeah they're

subject? In regards to the respondents special appearance motion, quash unlawful citation and

Texas, but most are not a special appearance. That's not specific to Texas. I need some

i'll talk to me on a special appearance and then going to what you had said

to make my special appearance, the judge knew who I was. She's talking to the court court and she's

I put notice, the first one was noticed to the court, objection, special appearance, non-assumptive, demanding proof of an undertaking agreement.

Well, the special appearance was refusing to consent to contract with the court until proof of evidence introduced by the petitioner,

You need to file a special appearance.

That's a special appearance.

um you can file like we were talking about a moment ago you can file a special appearance

just just say what they each one is special appearance means you're at arm's length to the

speaking to the court at arm's length it's a special appearance and the reason for that is

No, but like I say, you know, drilling down into and separating out this whole thing about, you know, how they're conflating, you know, your rights and being served and, you know, putting in the special appearance.

Special appearance that goes to that.

I wrote him up a special appearance and the municipal judge said he didn't know what that was.

When that is a special special appearance, the special appearance is a charge, a challenge to the venue of the court.

Oh, but I was also going to just mention that you were talking about special appearance,

of Civil Procedure, TRCP, and it's Rule 120A, Special Appearance.

And that's why we come in with a special appearance.

Generally, a special plea is a special appearance.

Pretty much, probably do a special appearance, motion, and of course, discovery, 14 days, right?

Yes, the special appearance.

In Texas, the first thing you file needs to be a special appearance for the purpose of challenging jurisdiction.

There will be a special appearance in there.

But I know for a fact, if I go down to my JP with a motion, like a special appearance, here I'm bringing them a motion challenge subject matter jurisdiction, they're literally going to not file stamp it, not even tell me their name, and not take it at all.

Special appearance. In order to get to a special appearance, this goes exactly to the question I wanted to ask.

First document that should be filed is a special appearance.

A special appearance is filed at arm's length to the court.

Sign them and send them. You can read them if you want to, but sign them and send them. And limit motion inlimity, Brady motion, motion to preserve rights, that's the Mother Hubbard motion, speedy trial, special appearance, subject matter jurisdiction, and on and on and on and on.

Read the special appearance subject matter jurisdiction challenge.

Special appearance.

We do have a special appearance, but that's different action Arizona. See what we hit on the special action rules of procedure for special actions, Arizona.

start with that one so that he doesn't wave? Very good point. Special appearance. Special

We discussed the respondent special appearance

Of the respondent special appearance

I got a special appearance.

With Tim's case, the judge didn't even know what a special appearance was.

before the JP by this day. So I appear by a special appearance between the JP and the

The second part appears, okay, and I have a special appearance, but I have not appeared to answer the charges, but to challenge the jurisdiction of the court.

You have filed a special appearance, and you have filed a challenge to subject matter for jurisdiction.

The court cannot get to your special appearance.

The special appearance is a challenge to the jurisdiction of the court over you as the person.

make a plea I filed a motion of special appearance and non plea of course

a special appearance here today and he said sir you're not making a special

appearance you're here and I read that you did I'm making a special appearance

link to the court by special appearance anyway go ahead and then when then he

transcript from the court okay wait a minute before we pass special appearance

how did you get to special appearance okay let me explain why I asked that

question a special appearance is a parent and appearance to challenge in

you're called in for an arraignment first thing must be special appearance

here at our I'm here at arms link to the court by special appearance to

Well, the other thing you could have done is made a plea to the jurisdiction or a special plea, a special appearance, a plea to the jurisdictions that challenged the subject matter jurisdiction.

A special appearance has to be done, your first appearance in court, and you claim that while the court may have general jurisdiction over the subject matter, the court does not have jurisdiction over the person.

for special appearance challenging jurisdiction.

entering of special appearances.

Now the courts will try to tell you that special appearances are limited to civil cases, but

So for them to say that you can't use a special appearance in a criminal case like what they

When you look at how the special appearance actually works, you have to understand what

The importance of entering a special appearance correctly.

filing a special appearance to challenge a court's jurisdiction.

It is also important to note that special appearance motions are most commonly used in civil court

If the lower courts both held an unsworn special appearance does not comply with rule 120aL,

Austin's argument, Austin argues that an unsworn special appearance cannot be cured

By cure, the rule means to restore the special appearance.

cures the special appearance.

An unverified special appearance neither acknowledges the court's jurisdiction nor seeks affirmative

All right, how to use a special appearance motion.

The proper use of a special appearance is paramount to challenging a court's personal,

the necessity to appear in this fashion on special appearance.

That simple special appearance won't work for you if you used prose say to identify

But especially when it comes to the special appearance motions.

This type of argument is wholly inconsistent with a special appearance in for prior persona.

While we do not waive our right to counsel, we also make it clear that we are not using counsel in the special appearance.

You also have a special appearance filed in the court

A special appearance is a challenge to impersonal jurisdiction

And a special appearance before the court

And the petitioner can have standing to invoke the subject matter jurisdiction of the court. But if let's say the petitioner is suing the wrong person, then you can file a special appearance.

A special appearance is a challenge to in personum jurisdiction, jurisdiction over the person. And that has to be filed the first day.

I wrote something about being, appearing by special appearance, and I said,

challenge, or is this one called open up? In-personum is called a special appearance.

That one's labeled special appearance.

The special appearance says even if you have subject matter jurisdiction, even if you maintain

But I was sure to put in a comment that I was there by special appearance, but the judge trying to, you know, railroad me through the hearing, you know, kind of...

And before I did that, I just said, well, before we start, I just wanted to state that I'm here by special appearance.

Well, when you said special appearance, there's only two kinds of special appearance.

And what I say generally when you say special appearance, that means impersonal jurisdiction.

Not jurisdictionally in front of the bar. But when you said special appearance, that's a subject matter jurisdiction challenge.

You told him you were there by special appearance.

thing I filed, a special appearance and challenge to subject matter jurisdiction. What did you

It's a failure to arrest him. Oh, believe me, I will. And when I, when I made my initial appearance in 2018, I brought a special appearance subject matter jurisdiction challenge.

The subject matter jurisdiction as well as special appearance.

Yes, sir. So the special appearance as well, I see in your subject matter jurisdiction form that you cite, I think it's Rule 120A, I believe, for Texas.

Yes, sir. And I put my notice of special appearance in with my challenges subject matter jurisdiction.

So long as the first filing you make has that special appearance in there, it has to be with...

And I had my elements in there. I had that. I had a special appearance. Did you have a

challenge of subject matter jurisdiction special appearance motion and limited area good

And what I did was I did a special appearance on paper and I did affidavit.

I've used your method I did special appearance the first time I ever was presented before, or, you know, I completely quoted exactly what you had me say, or I had suggested, you know, a mirror, arm links to the core, special appearance, etc.

I've been taking other advice, subject matter, jurisdiction challenge, special appearance.

So I filed all the paperwork that Randy had suggested, the special appearance, the arresting officer complaint,

The other one was my son got a speedy ticket a month later, same city, same court, and he filed an affidavit of status, affidavit of fact, and the special appearance.

So are they going to reply to the special appearance motion at the hearing or will they do that for you?

the special appearance, the arresting officer complaint,

And he filed an affidavit of status, affidavit of fact, and the special appearance.

is any appearance before the court that's not a special appearance, like subject matter

And I also wanted to, I still wanted to validate with you that special appearance still applies in all of this.

Yes, it does. But your motion to dismiss needs to be done via special appearance.

special appearance, subject matter jurisdiction challenge, all those things

I did notice a special appearance and they, I can prove they didn't follow due process.

Yeah, and again, when you file a motion to dismiss the special appearance and you claim

A granting of a special appearance, which is the capacity challenge

I've been working on a motion to enter for a special appearance and feeling really good about my progress.

and I was feeling really good about the special appearance and making jurisdiction the first issue.

And it was coming out really well, just sitting quietly at the library and looking into the names that I wanted to bring up in my motion or in my special appearance notice.

he denied my motion for special appearance, and then he denied my motion to dismiss.

A special appearance and the attorney general.

Yes. We have special appearance to not just attorney general for our core

warrant aspect. So a private- Okay, hold on, hold on. Special appearance.

When we hear special appearance, we're thinking as a challenge to impersonal jurisdiction.

And I'm presuming that when you're saying special appearance, that's not what you mean.

No, special appearance means standing that you have the right to move in action in

Okay. Brett, you did a AI search on special appearance in Michigan.

a special appearance in a Michigan Quo Warranto case is when a defendant

And Shannon, how would, okay, you were speaking to special appearance.

in Michigan? In that section, it cites AG and special appearance.

Who is making a special appearance? Oh, I see here that says special

a motion for special appearance and I did file