[00:07.500 --> 00:11.900]  brokered by a Saudi royal who heads the country's intelligence service,
[00:11.900 --> 00:16.100]  are gathering pace before a US military surge in Afghanistan.
[00:16.100 --> 00:21.200]  The Saudis are warning Washington that the offensive may hinder talks.
[00:21.200 --> 00:24.800]  US envoy Richard Holbrooke arrived in Kabul Thursday
[00:24.800 --> 00:29.500]  after Taliban attacks that killed at least 36 people.
[00:29.500 --> 00:34.200]  The cost of Britain's military operations in Iraq and Afghanistan rose 50%
[00:34.200 --> 00:37.400]  to $9 billion over the last year.
[00:37.400 --> 00:41.400]  Top of the hour news brought to you by INN World Report.
[00:41.400 --> 00:44.000]  Senator Dianne Feinstein said Thursday,
[00:44.000 --> 00:48.100]  unmanned CIA Predator aircraft operating in Pakistan
[00:48.100 --> 00:51.000]  are flown from an airbase in that country.
[00:51.000 --> 00:55.300]  Feinstein's revelation is likely to embarrass the Pakistani government
[00:55.300 --> 00:59.300]  and complicate its counter-terrorism collaboration with the US.
[00:59.300 --> 01:04.200]  The disclosure by Senator Feinstein, chairwoman of the Senate Intelligence Committee,
[01:04.200 --> 01:06.800]  marked the first time a US official had said
[01:06.800 --> 01:10.400]  where the Predator aircraft patrolling Pakistan are based.
[01:10.400 --> 01:15.200]  Feinstein expressed surprise over Pakistani opposition to the campaign
[01:15.200 --> 01:21.300]  of CIA drones against Islamic militants along Pakistan's northwestern border.
[01:21.300 --> 01:26.200]  The basing of the pilotless aircraft in Pakistan suggests a much deeper relationship
[01:26.200 --> 01:29.200]  with the US than has been publicly acknowledged.
[01:29.200 --> 01:34.000]  Such an arrangement would be at odds with protests lodged by Pakistani officials
[01:34.000 --> 01:37.700]  and could inflame anti-American sentiment in the country.
[01:37.700 --> 01:42.200]  Former US intelligence officials, speaking on condition of anonymity,
[01:42.200 --> 01:44.700]  confirmed Feinstein's account.
[01:50.700 --> 01:55.200]  Denis Blair, Director of National Intelligence, told Congress Thursday
[01:55.200 --> 01:59.200]  that global economic turmoil and the instability it could ignite
[01:59.200 --> 02:04.200]  had outpaced terrorism as the most urgent threat facing the US.
[02:04.200 --> 02:07.200]  Blair's comments were striking because they were delivered
[02:07.200 --> 02:13.200]  as part of a threat assessment that usually focuses on terrorism and nuclear proliferation.
[02:13.200 --> 02:18.700]  Blair said the economic downturn was the primary near-term security concern for the country
[02:18.700 --> 02:24.700]  and warned that if it continued to spread, it would contribute to unrest and imperil some governments.
[02:24.700 --> 02:29.200]  Blair also delivered a withering critique of the Afghan government's inability
[02:29.200 --> 02:31.200]  to halt the spread of the Taliban
[02:31.200 --> 02:36.200]  and said corruption had bolstered support for the Taliban and warlords.
[02:36.200 --> 02:40.200]  Blair said no significant improvement in Afghanistan was possible
[02:40.200 --> 02:43.700]  unless Pakistan gained control of its own border areas
[02:43.700 --> 02:59.200]  but said Pakistan was losing authority over that territory.
[03:13.700 --> 03:21.200]  We were born before the wind
[03:21.200 --> 03:27.200]  Oh, so younger than the sun
[03:27.200 --> 03:32.200]  Yeah, the bonnie boat was one
[03:32.200 --> 03:36.200]  As we sailed into the mystic
[03:36.200 --> 03:46.200]  I could not hear the singers cry
[03:46.200 --> 03:53.200]  Smell the sea and feel the sky
[03:53.200 --> 04:04.200]  Let your soul and spirit fly into the mystic
[04:04.200 --> 04:08.200]  And when that foghorn blows
[04:08.200 --> 04:15.200]  I will be coming home
[04:15.200 --> 04:19.200]  Yeah, when the foghorn blows
[04:19.200 --> 04:22.200]  I wanna hear it
[04:22.200 --> 04:26.200]  I don't have the fear that I
[04:26.200 --> 04:32.200]  Wanna rock your gypsy soul
[04:32.200 --> 04:38.200]  Just like way back in the days of old
[04:38.200 --> 04:41.200]  Yeah, magnificently we will fold
[04:41.200 --> 05:10.200]  Into the mystic
[05:10.200 --> 05:17.200]  When that foghorn blows
[05:17.200 --> 05:24.200]  You know I will be coming home
[05:24.200 --> 05:28.200]  And when that foghorn whistle blows
[05:28.200 --> 05:31.200]  I gotta hear it
[05:31.200 --> 05:35.200]  I don't have the fear that I
[05:35.200 --> 05:40.200]  Wanna rock your gypsy soul
[05:40.200 --> 05:45.200]  Just like way back in the days of old
[05:45.200 --> 05:49.200]  And together we will fold
[05:49.200 --> 05:54.200]  Into the mystic
[05:54.200 --> 06:16.200]  Come on, girl
[06:16.200 --> 06:24.200]  Too late to stop now
[06:24.200 --> 06:30.200]  Into the mystic, Van Morrison
[06:30.200 --> 06:32.200]  One of my faves
[06:32.200 --> 06:35.200]  We have got Randy Kelton here with us
[06:35.200 --> 06:38.200]  Friday evening, our info marathon
[06:38.200 --> 06:42.200]  We also have Greg Chapman and Don Terry
[06:42.200 --> 06:46.200]  They are our newest hosts on Friday evening, six to eight
[06:46.200 --> 06:51.200]  And coming up, more segments for you
[06:51.200 --> 06:56.200]  Thank you for staying over with us, Don and Greg
[06:56.200 --> 06:59.200]  Hey, I'm excited, this is fun
[06:59.200 --> 07:04.200]  Okay, and we'll be having Ken Magnussen in the next segment
[07:04.200 --> 07:05.200]  We'll bring him in
[07:05.200 --> 07:06.200]  Absolutely
[07:06.200 --> 07:09.200]  All right, Ken Magnussen, haven't talked with him in a while
[07:09.200 --> 07:12.200]  Absolutely
[07:12.200 --> 07:21.200]  Guys, if you could just continue on with the topic that y'all were talking on
[07:21.200 --> 07:30.200]  Actually, I'm mostly interested in Don and his commercial aspect of how to go after these guys
[07:30.200 --> 07:31.200]  Yeah, there you go, Don
[07:31.200 --> 07:34.200]  But go ahead, go ahead
[07:34.200 --> 07:39.200]  Specifically, which subject were we talking about?
[07:39.200 --> 07:44.200]  Well, let's share basically what we started out doing
[07:44.200 --> 07:47.200]  And I say we, but really you've been doing the footwork here, right?
[07:47.200 --> 07:50.200]  With the filing of the copyright, it all starts from there
[07:50.200 --> 07:55.200]  Yeah, copywriting the artwork that is your name in all capital letters and all variations thereof
[07:55.200 --> 08:01.200]  And the copyright, I actually also mentioned the straw man and some things like that
[08:01.200 --> 08:07.200]  You're the living soul is the holder in due course of that name
[08:07.200 --> 08:12.200]  And you can file a copyright and then 30 days later everybody's agreed to it if nobody's objected
[08:12.200 --> 08:16.200]  Okay, now Don, I wanted to ask you something
[08:16.200 --> 08:22.200]  About filing the copyright of the artwork that resembles your name in all caps
[08:22.200 --> 08:28.200]  I have seen various different methodologies of doing this
[08:28.200 --> 08:41.200]  Some have to do with statutory, you know, or some may say legitimate government procedural copyright paperwork
[08:41.200 --> 08:51.200]  And there's also a different method that has to do with private contract copyright
[08:51.200 --> 08:54.200]  So what is your take on that?
[08:54.200 --> 09:01.200]  It's in the form of your basic right to copyright a work of art
[09:01.200 --> 09:05.200]  And this would be more like a common law copyright
[09:05.200 --> 09:08.200]  You did not go to the corporate state and ask their permission
[09:08.200 --> 09:16.200]  You exercised a right you already had to notify the public that this is, your property is being applied to you, a living soul
[09:16.200 --> 09:20.200]  And so you just took charge of it
[09:20.200 --> 09:22.200]  It's what your mother and father
[09:22.200 --> 09:26.200]  And what makes it a fact is the fact that it hasn't been rebutted within that 30 day period
[09:26.200 --> 09:30.200]  You let everybody know about it, you put it in the public record
[09:30.200 --> 09:35.200]  Anybody that had a disagreement should have come forward
[09:35.200 --> 09:39.200]  And we're actually using that method right now to stop a foreclosure
[09:39.200 --> 09:49.200]  Okay, so you're not filing copyright like with the copyright quote unquote office of the federal government
[09:49.200 --> 09:57.200]  This is more of an affidavit that would be filed with the local county clerk
[09:57.200 --> 10:00.200]  Or how would somebody go about doing this?
[10:00.200 --> 10:03.200]  Yeah, county court, county recorders
[10:03.200 --> 10:08.200]  Now as I understand, if you're copyrighted, you're copyrighted everywhere
[10:08.200 --> 10:14.200]  Is this just fair notice that you're giving to the locals that you are copyrighted?
[10:14.200 --> 10:16.200]  That's what I think is
[10:16.200 --> 10:29.200]  See, that's what I'm trying to determine, what is the document or filing procedure that one would go about doing to enact a quote unquote copyright
[10:29.200 --> 10:33.200]  I mean, okay, because look, I'm in the music business
[10:33.200 --> 10:48.200]  And for decades, we have understood that you could make a cassette tape or whatever other media real real or optical media CD
[10:48.200 --> 10:56.200]  Mail it to yourself and that's considered a copyright in a court of law
[10:56.200 --> 11:05.200]  But that's not filing a copyright with the copyright quote unquote office of the federal government
[11:05.200 --> 11:17.200]  And okay, because I've been through this so many times with publishing agencies who they would love to put our music on all kinds of prime time TV
[11:17.200 --> 11:26.200]  And you know, sitcoms and everything else, but we have to show quote copyright papers from the copyright office
[11:26.200 --> 11:37.200]  And so what you guys are saying is not necessarily to go by that route, but this is a common law private kind of agreement
[11:37.200 --> 11:43.200]  This isn't asking permission or filing with the federal copyright office, is that correct?
[11:43.200 --> 11:45.200]  That's right, that's right
[11:45.200 --> 11:54.200]  Yeah, this goes to the, correct me if I'm wrong, I'm taking it from what I've come to believe or understand
[11:54.200 --> 12:05.200]  If I produce a work of art or like a writing, I already have a common law copyright on that
[12:05.200 --> 12:15.200]  But that the copyright's not perfected unless I do something so that other human beings in the public would be able to tell that I have a copyright on that thing
[12:15.200 --> 12:18.200]  Yeah, that's the way I understand it
[12:18.200 --> 12:22.200]  And see, what we're doing also, we're going a step further
[12:22.200 --> 12:31.200]  Because for me, this process, I had a different goal, and that is I want to stop the real ID
[12:31.200 --> 12:34.200]  We have real ID in Alabama
[12:34.200 --> 12:41.200]  Now, I mean, it's a federal mandate for every state, but right now there are 28 states that have said they're not going to comply
[12:41.200 --> 12:49.200]  But Alabama has bought right into it, and now in Alabama when you get a driver's license, they do a biometric scan of your face
[12:49.200 --> 12:56.200]  And that's sent, in 24 hours, that's sent into a database and sent to Interpol
[12:56.200 --> 13:01.200]  And our legislators, we can't get them to realize what's going on
[13:01.200 --> 13:05.200]  So my goal on all this is copywriting my face
[13:05.200 --> 13:08.200]  I haven't done that, I'm doing that next week
[13:08.200 --> 13:13.200]  I'm going to copyright my face, and there's others here in North Alabama that want to learn how to do it
[13:13.200 --> 13:20.200]  And we're going to get a lot of copyrighted facial images in there before we make the next step
[13:20.200 --> 13:23.200]  And that was my main reason for doing this
[13:23.200 --> 13:30.200]  Do you have access to someone who can do a biometric scan of your face?
[13:30.200 --> 13:33.200]  The answer is no
[13:33.200 --> 13:41.200]  The software, I don't know, I haven't tried to buy the software because actually all the software does, you probably know it
[13:41.200 --> 13:45.200]  But the software actually just compiles off of the image itself
[13:45.200 --> 13:48.200]  Do you have an Alabama driver's license?
[13:48.200 --> 13:49.200]  Yes
[13:49.200 --> 13:53.200]  Then they've got the scan, you could go ask for it under open records
[13:53.200 --> 14:01.200]  You know, I hadn't thought about that, but that's a good step, but I want to get my copyright of my face in first
[14:01.200 --> 14:06.200]  These are the things, Randy, these are the things that I wanted to do after the fact
[14:06.200 --> 14:10.200]  I wanted to wait until we've got maybe 100 people who have done this
[14:10.200 --> 14:13.200]  And then we kick into action with doing what you just said
[14:13.200 --> 14:22.200]  Because now the 30 days has passed and they can't argue the fact that the image belongs to me
[14:22.200 --> 14:26.200]  Do you have any statutes on biometric data?
[14:26.200 --> 14:27.200]  No
[14:27.200 --> 14:30.200]  Okay, then you can pull the one from Texas
[14:30.200 --> 14:37.200]  Oh wait, wait a minute, let's go back, what do you mean the 30 days have passed? What 30 days?
[14:37.200 --> 14:43.200]  It has to be in record for 30 days and not rebutted before it's fact
[14:43.200 --> 14:48.200]  Oh, okay, it becomes unrebuttable as a matter of law
[14:48.200 --> 14:55.200]  You file it in public notice and if no one objects within 30 days then it's non-rebuttable
[14:55.200 --> 14:56.200]  Right
[14:56.200 --> 14:57.200]  Oh, okay
[14:57.200 --> 15:00.200]  And I want to do the same thing with my DNA
[15:00.200 --> 15:04.200]  That's interesting
[15:04.200 --> 15:09.200]  You guys are as devious as I am, I think
[15:09.200 --> 15:15.200]  Yeah, it's going to be real interesting because DNA is a strand of four elements three billion long
[15:15.200 --> 15:17.200]  So it's going to be a fairly long document
[15:17.200 --> 15:24.200]  Okay, well just to play devil's advocate here
[15:24.200 --> 15:28.200]  Why would you want to offer up that kind of data?
[15:28.200 --> 15:40.200]  I mean, my intuition says I'm not going to record my biometric data of my face or my DNA or anything else on my own computer or anyone else's
[15:40.200 --> 15:47.200]  Because I just don't want the risk of that getting out there to be used against me
[15:47.200 --> 15:49.200]  So what do you guys have to say about that?
[15:49.200 --> 15:56.200]  Well for me, I actually don't intend to, I don't care that I have the data itself or that I generate it
[15:56.200 --> 16:00.200]  Only the fact that I have a document, it's just like mineral rights
[16:00.200 --> 16:05.200]  It's just so that I have a record of the fact that that belongs to me
[16:05.200 --> 16:07.200]  No one has rebutted it
[16:07.200 --> 16:14.200]  Regardless of what it takes to do that because you could come up with, I mean I'm a software guy so is Don
[16:14.200 --> 16:16.200]  I think Randy is too
[16:16.200 --> 16:24.200]  But you can come up with umpteen different ways, methods or protocols of how to generate a biometric pattern
[16:24.200 --> 16:29.200]  And I don't know what the protocol of that pattern is and I don't really care
[16:29.200 --> 16:37.200]  Only the fact that as long as I stipulate that that belongs to me, it's just like if I say that, if I have mineral rights
[16:37.200 --> 16:40.200]  What belongs to me below the surface of my property, that's mine
[16:40.200 --> 16:42.200]  Whatever it is, it's still mine
[16:42.200 --> 16:48.200]  Yes and at a point about the availability of that particular data
[16:48.200 --> 16:57.200]  If you held up a photograph in front of a scanner that does biometric scan, it can develop the data from the photograph
[16:57.200 --> 17:03.200]  They can photograph you on the street, your DNA can be picked up off of anything
[17:03.200 --> 17:09.200]  So it's not something that is private or unavailable if somebody wants it
[17:09.200 --> 17:17.200]  So what are the implications of owning the image of the biometric data
[17:17.200 --> 17:25.200]  Does that in turn imply that you own the property rights over yourself?
[17:25.200 --> 17:27.200]  You should, yes
[17:27.200 --> 17:28.200]  That's what I say
[17:28.200 --> 17:30.200]  If you don't control yourself or your own image, who does?
[17:30.200 --> 17:33.200]  Dr. Veith will sure agree with that
[17:33.200 --> 17:36.200]  Don, Don, I want to hear Don's take on this
[17:36.200 --> 17:41.200]  Because really, I mean from my point of view, I'm just a simple person
[17:41.200 --> 17:51.200]  I feel like I shouldn't have to take fingerprints or biometric data scans of my irises or whatever of myself
[17:51.200 --> 17:58.200]  To prove that I own myself, that I am who I am
[17:58.200 --> 18:03.200]  But I'm starting to learn from what you guys are saying and other people that
[18:03.200 --> 18:13.200]  No, we have to take biometric scans of ourselves to actually own our own bodies
[18:13.200 --> 18:15.200]  Is that the implication?
[18:15.200 --> 18:21.200]  Yeah, the way I see it and I'm getting stronger in this position
[18:21.200 --> 18:27.200]  Is that people on this planet are using that information against you and for their own profit
[18:27.200 --> 18:34.200]  You either take control of it or you become servient to them
[18:34.200 --> 18:39.200]  And you either take charge or you're being in charge
[18:39.200 --> 18:46.200]  And will I tell you what we have planned to do with these embedded chips?
[18:46.200 --> 18:52.200]  I have to tell you that offline, but we've got a plan on that one too
[18:52.200 --> 18:56.200]  Because they've done over 200,000 people so far, by the way
[18:56.200 --> 19:10.200]  One of the questions I have about copywriting a biometric scan is can you copyright a biometric scan someone else would make?
[19:10.200 --> 19:19.200]  If I made a biometric scan of your face and I did it while you were in public view
[19:19.200 --> 19:25.200]  Where you had no expectation of privacy, wouldn't that be my biometric scan?
[19:25.200 --> 19:29.200]  No, and I would say no because coming from a musician's point of view
[19:29.200 --> 19:38.200]  If, say for example, a band is performing, there are often, in fact, pretty much every time
[19:38.200 --> 19:50.200]  Disclaimers that you cannot bring recording devices into the concert to record some bootleg recording of the concert
[19:50.200 --> 19:55.200]  Well, that's different than being out in public and having a photo taken of you
[19:55.200 --> 19:58.200]  Or someone scan you while you're in a public place without that
[19:58.200 --> 20:02.200]  You maintain an expectation of privacy in that regard
[20:02.200 --> 20:06.200]  Okay, so what are you saying, Randy?
[20:06.200 --> 20:10.200]  That we have to assume that every time we leave our house
[20:10.200 --> 20:18.200]  That the government or anybody else is going to take all kinds of biometric scans of our bodies and our faces and use it against us
[20:18.200 --> 20:22.200]  I mean this is ridiculous, this incites paranoia
[20:22.200 --> 20:26.200]  Well, with the current law, I'd say they can't
[20:26.200 --> 20:34.200]  The way I see it, our eyes, a person gifted with sight, our eyes can see you and they can see me in public
[20:34.200 --> 20:38.200]  If you want to record it and use electronic equipment, that's a different issue
[20:38.200 --> 20:42.200]  And to me, that's where the line is drawn
[20:42.200 --> 20:44.200]  You can look, but you can't touch
[20:44.200 --> 20:51.200]  If I take a photo of you, that photo is my private property, not yours
[20:51.200 --> 20:52.200]  It depends on the state
[20:52.200 --> 20:54.200]  With the common state of the law
[20:54.200 --> 20:55.200]  It depends on the state
[20:55.200 --> 20:56.200]  Okay
[20:56.200 --> 20:58.200]  If you photocopy a book that's copyrighted, is that your book?
[20:58.200 --> 21:00.200]  That's different
[21:00.200 --> 21:04.200]  Oh, you mean if I took a photo of a book
[21:04.200 --> 21:05.200]  Yeah
[21:05.200 --> 21:06.200]  Yeah
[21:06.200 --> 21:08.200]  Absolutely, that's different
[21:08.200 --> 21:11.200]  So you photocopy your face and somebody takes a picture of it
[21:11.200 --> 21:16.200]  It's not, it wouldn't be illegal to photocopy the book
[21:16.200 --> 21:18.200]  It wouldn't violate a copyright
[21:18.200 --> 21:23.200]  But it would violate the copyright to distribute the photocopy of the book
[21:23.200 --> 21:25.200]  Distribute, that's the key
[21:25.200 --> 21:26.200]  Yes
[21:26.200 --> 21:29.200]  See, that's what happens with your biometric data, it gets distributed
[21:29.200 --> 21:35.200]  Well, the thing of photos is that something that I create
[21:35.200 --> 21:38.200]  But what if you sell the photo?
[21:38.200 --> 21:44.200]  Because you happen to be in it, unless you're in a place where you had an expectation of privacy
[21:44.200 --> 21:47.200]  Then I can photograph people in public
[21:47.200 --> 21:52.200]  I think if you photograph somebody's face that's copyrighted, you can't distribute it
[21:52.200 --> 21:55.200]  I agree with Don, I agree with you
[21:55.200 --> 22:00.200]  I agree with the idea, but is it
[22:00.200 --> 22:05.200]  Is that something that's possible to enforce
[22:05.200 --> 22:09.200]  I mean, consider the ramifications
[22:09.200 --> 22:12.200]  You couldn't take a camera in public in that case
[22:12.200 --> 22:15.200]  Okay, how are any contracts enforced?
[22:15.200 --> 22:17.200]  Because this goes to contract law
[22:17.200 --> 22:20.200]  Okay, if you copyright the image of your face
[22:20.200 --> 22:23.200]  Or if you copyright your music
[22:23.200 --> 22:27.200]  Okay, if you copyright your artwork or painting or anything else
[22:27.200 --> 22:29.200]  And somebody else uses it
[22:29.200 --> 22:32.200]  How is it going to be enforced?
[22:32.200 --> 22:34.200]  How is the government going to enforce it?
[22:34.200 --> 22:36.200]  How is anybody going to enforce it?
[22:36.200 --> 22:39.200]  It goes to civil litigation
[22:39.200 --> 22:44.200]  And we were just discussing this on the break in the previous show about debtors prison
[22:44.200 --> 22:47.200]  How is it enforced?
[22:47.200 --> 22:50.200]  Okay, this goes to liens and levies
[22:50.200 --> 22:53.200]  Okay, what do you guys have to say about this?
[22:53.200 --> 22:56.200]  Well, for me, it goes a little bit further
[22:56.200 --> 22:59.200]  Because it's an issue of whether
[22:59.200 --> 23:06.200]  The argument of whether you can copyright it, whether you own it or not
[23:06.200 --> 23:08.200]  Is not important to me
[23:08.200 --> 23:11.200]  It's the fact that it does become an argument
[23:11.200 --> 23:14.200]  And with what we're dealing with here with Real ID
[23:14.200 --> 23:18.200]  If this winds up in court, then as far as I'm concerned, I win
[23:18.200 --> 23:21.200]  Because I get media coverage that I want
[23:21.200 --> 23:23.200]  And it's possible through that
[23:23.200 --> 23:27.200]  That we can get the legislation stopped on Real ID
[23:27.200 --> 23:31.200]  I don't know, I can't tell you that this would definitely win in court
[23:31.200 --> 23:32.200]  I don't know
[23:32.200 --> 23:35.200]  Because I also can't tell you that if I own a piece of land
[23:35.200 --> 23:39.200]  And somebody takes a drill from his land and drills into mine
[23:39.200 --> 23:41.200]  And sucks my minerals out
[23:41.200 --> 23:43.200]  If he's violated the law or not
[23:43.200 --> 23:46.200]  I don't have a case siting on that, maybe Randy does
[23:46.200 --> 23:48.200]  But again, it's like mineral rights
[23:48.200 --> 23:54.200]  If I buy a piece of land, then I expect to own the minerals from that land
[23:54.200 --> 23:56.200]  Same way with my body
[23:56.200 --> 23:58.200]  Anything that belongs to me is mine
[23:58.200 --> 24:00.200]  And you know, I don't
[24:00.200 --> 24:03.200]  If somebody takes a picture of me out there
[24:03.200 --> 24:06.200]  If they're making money off of it, you're darn right
[24:06.200 --> 24:08.200]  That's my money
[24:09.200 --> 24:12.200]  Well, from a musician's point of view
[24:12.200 --> 24:14.200]  I can tell you right now
[24:14.200 --> 24:17.200]  Okay, if I produce a piece of music
[24:17.200 --> 24:22.200]  And for people out there who do not know
[24:22.200 --> 24:27.200]  The difference between SR and PA contracts
[24:27.200 --> 24:31.200]  SR and PA copyrights with the government
[24:31.200 --> 24:33.200]  There's a huge difference
[24:33.200 --> 24:35.200]  PA has to do with songwriting
[24:35.200 --> 24:38.200]  SR has to do with the recording
[24:38.200 --> 24:42.200]  If I record a piece of music and somebody else
[24:42.200 --> 24:45.200]  Takes a snapshot of it
[24:45.200 --> 24:49.200]  They can't do that without my express written permission
[24:49.200 --> 24:54.200]  Alright, so I have to agree with Don and Greg on this point
[24:54.200 --> 24:58.200]  As far as copywriting the biometric data
[24:58.200 --> 25:02.200]  Yeah, also recently we saw an article about Obama's picture
[25:02.200 --> 25:04.200]  You remember that article Don
[25:04.200 --> 25:08.200]  Yeah, some guy had a photo that was used a lot
[25:08.200 --> 25:11.200]  And he had copyrighted a photo of Obama's face
[25:11.200 --> 25:14.200]  And then after a while, after everybody was using it
[25:14.200 --> 25:16.200]  He started sending out notices of
[25:16.200 --> 25:18.200]  He wanted money
[25:18.200 --> 25:21.200]  And it wasn't even his face
[25:21.200 --> 25:23.200]  That's exactly the point I was going to
[25:23.200 --> 25:25.200]  Whoever gets the copyright first wins, I guess
[25:25.200 --> 25:27.200]  He took the photo
[25:27.200 --> 25:31.200]  So there's a secondary issue here
[25:31.200 --> 25:38.200]  In that Obama is a public figure
[25:38.200 --> 25:41.200]  And there are different rules
[25:41.200 --> 25:45.200]  Applying to public figures than to a private person
[25:45.200 --> 25:49.200]  I just wonder how many photos of Obama can you take and copyright them all?
[25:49.200 --> 25:50.200]  Yes
[25:50.200 --> 25:52.200]  Thousands of pictures of the same guy
[25:52.200 --> 25:55.200]  Currently, that was my concern
[25:55.200 --> 25:59.200]  If I copyright my biometric data
[25:59.200 --> 26:01.200]  Or face scan
[26:01.200 --> 26:04.200]  If anybody can take another face scan
[26:04.200 --> 26:06.200]  It won't be identical to the one I made
[26:06.200 --> 26:09.200]  And they'd be able to copyright it
[26:09.200 --> 26:12.200]  I think that the scan itself
[26:12.200 --> 26:15.200]  In itself, you can own
[26:15.200 --> 26:17.200]  It's just like a fingerprint
[26:17.200 --> 26:19.200]  It belongs to me
[26:19.200 --> 26:22.200]  And I don't believe that anybody can take it without me saying
[26:22.200 --> 26:24.200]  Yes, you can take it
[26:24.200 --> 26:25.200]  That's just my belief
[26:25.200 --> 26:26.200]  It's my property
[26:26.200 --> 26:28.200]  That's been my concern
[26:28.200 --> 26:32.200]  Separating the legal nature of what we're doing
[26:32.200 --> 26:35.200]  From how we believe things ought to be
[26:35.200 --> 26:38.200]  It's always a difficult spot for me
[26:38.200 --> 26:43.200]  And using that federal rules 902
[26:43.200 --> 26:45.200]  Talk about self authentication
[26:45.200 --> 26:46.200]  901, I think it is
[26:46.200 --> 26:47.200]  Yeah, 901
[26:47.200 --> 26:48.200]  Talk about self authentication
[26:48.200 --> 26:50.200]  You give them notice if they don't respond
[26:50.200 --> 26:52.200]  They've accepted it and it becomes self authenticating
[26:52.200 --> 26:54.200]  Yeah, I think we've got a lot on our side
[26:54.200 --> 26:57.200]  I think the ball is on their side of the court
[26:57.200 --> 26:59.200]  On that one
[26:59.200 --> 27:02.200]  Which is my opinion
[27:02.200 --> 27:04.200]  Okay, that's
[27:04.200 --> 27:07.200]  Well, it's certainly an interesting point of view
[27:07.200 --> 27:13.200]  Because, I mean, my gut instinct is that
[27:13.200 --> 27:17.200]  You know, I wouldn't even
[27:17.200 --> 27:21.200]  I wouldn't even want to take
[27:21.200 --> 27:25.200]  Recordings of biometric data of myself
[27:25.200 --> 27:29.200]  Okay, I just wouldn't want to do that
[27:29.200 --> 27:32.200]  I just wouldn't want to do that
[27:32.200 --> 27:35.200]  It's true, it's a sad world we live in
[27:35.200 --> 27:38.200]  Where you even contemplate doing that
[27:38.200 --> 27:41.200]  But you guys are saying that
[27:41.200 --> 27:44.200]  The bad guys are going to do it anyway
[27:44.200 --> 27:50.200]  So we should do it to protect ourselves basically
[27:50.200 --> 27:52.200]  No, that's not what I'm saying
[27:52.200 --> 27:54.200]  I don't need the data
[27:54.200 --> 27:56.200]  I only know that it exists
[27:56.200 --> 27:59.200]  And they publicly have admitted that it exists
[27:59.200 --> 28:03.200]  And so what they got that from belongs to me
[28:03.200 --> 28:06.200]  And that's why I say that that belongs to me
[28:06.200 --> 28:08.200]  And that's my argument
[28:08.200 --> 28:10.200]  Will I win the argument? I don't know
[28:10.200 --> 28:12.200]  It's only that I've got an argument
[28:12.200 --> 28:15.200]  And I can take that and go into court with it
[28:15.200 --> 28:18.200]  As opposed to, we've got another group of people
[28:18.200 --> 28:22.200]  Who are trying to work from a legislative point
[28:22.200 --> 28:24.200]  And if that works, that's great
[28:24.200 --> 28:27.200]  But I'm just trying to do this on the other side
[28:27.200 --> 28:31.200]  And it's the only way that I know how to handle this
[28:31.200 --> 28:32.200]  And to trip them up
[28:32.200 --> 28:35.200]  They've never had anybody to do this
[28:35.200 --> 28:38.200]  And I've already got bunches of people
[28:38.200 --> 28:39.200]  Who told me and Don
[28:39.200 --> 28:41.200]  Teach us how to do this, we're going to do that
[28:41.200 --> 28:44.200]  So with that we get back to the multitude
[28:44.200 --> 28:47.200]  You have enough people who get involved
[28:47.200 --> 28:49.200]  Something good has got to happen out of it
[28:49.200 --> 28:51.200]  And that's really just where I'm headed
[28:51.200 --> 28:54.200]  Like I say, I don't know that I would win this
[28:54.200 --> 28:56.200]  This argument in court per se
[28:56.200 --> 28:58.200]  But I do think I've got a strong argument
[28:58.200 --> 29:01.200]  And that's all I ever care about anyway
[29:04.200 --> 29:05.200]  Well I appreciate that
[29:05.200 --> 29:09.200]  I'm trying to anticipate the difficulty
[29:11.200 --> 29:13.200]  I'll let you know
[29:13.200 --> 29:17.200]  Because I can assure you I'm going in there like a bulldozer
[29:17.200 --> 29:20.200]  Well good, we may get some good case law out of it
[29:20.200 --> 29:26.200]  Well yes, and I want to get Catherine Albrecht on
[29:26.200 --> 29:29.200]  Because she's hot on the trail
[29:29.200 --> 29:33.200]  Of the whole RFID thing
[29:33.200 --> 29:37.200]  And shipping animals, shipping humans, everything
[29:37.200 --> 29:40.200]  In fact she's coming to town pretty soon
[29:40.200 --> 29:41.200]  Guys can you hold on?
[29:41.200 --> 29:44.200]  We're going to bring on Ken Magnussen
[29:44.200 --> 29:48.200]  Who is an expert in civil procedure
[29:48.200 --> 29:49.200]  We'll be right back
[29:49.200 --> 29:51.200]  I think both of you guys know Ken, don't you?
[29:51.200 --> 29:52.200]  Yeah
[29:52.200 --> 30:20.200]  Okay, okay we'll be right back
[30:22.200 --> 30:23.200]  We'll be right back
[30:52.200 --> 30:56.200]  800-874-9760
[31:23.200 --> 31:25.200]  And I'm not going to Nancy
[31:25.200 --> 31:27.200]  Okay
[31:27.200 --> 31:30.200]  Because Julie, man she well girly
[31:30.200 --> 31:32.200]  She said she don't want no money with me
[31:32.200 --> 31:35.200]  Because Julie, man she well girly
[31:35.200 --> 31:38.200]  She said she only want helicopter one and three
[31:38.200 --> 31:41.200]  Because the man may say drink the money
[31:41.200 --> 31:44.200]  Drink the money in US currency
[31:44.200 --> 31:46.200]  Bring the currency to give it to Julie
[31:46.200 --> 31:49.200]  Julie said she love to always pay
[31:49.200 --> 31:52.200]  She said she only want me say US currency
[31:52.200 --> 31:55.200]  But now the economy getting badly
[31:55.200 --> 31:58.200]  While she's losing her autonomy
[31:58.200 --> 32:01.200]  Julie said she only want yen around to get her
[32:01.200 --> 32:03.200]  Julie, man she well girly
[32:03.200 --> 32:06.200]  She said she only want US currency
[32:06.200 --> 32:09.200]  Julie, man she well girly
[32:09.200 --> 32:12.200]  She said she only want helicopter one and three
[32:12.200 --> 32:14.200]  But now give money drink the money
[32:14.200 --> 32:17.200]  So that the man work for the man you see
[32:17.200 --> 32:20.200]  And when you come to printing all the money
[32:20.200 --> 32:22.200]  You better call helicopter Bonanki
[32:22.200 --> 32:25.200]  And when you call him and he get the money
[32:25.200 --> 32:28.200]  Get the money and he print it quickly
[32:28.200 --> 32:31.200]  Get the order from the presidency
[32:31.200 --> 32:33.200]  Julie said she well girly
[32:33.200 --> 32:36.200]  She want Bonanki to give she money
[32:36.200 --> 32:39.200]  When Bonanki print it to give it to she
[32:39.200 --> 32:42.200]  She promise him she ever see everything
[32:42.200 --> 32:44.200]  Bonanki only see the king
[32:44.200 --> 32:47.200]  Bonanki only see the king
[32:47.200 --> 32:50.200]  Inna see the queen inna see nothing
[32:50.200 --> 32:53.200]  You see the oil and him so happy
[32:53.200 --> 32:56.200]  Bonanki spend all US currency the car
[32:56.200 --> 32:58.200]  Julie, man she well girly
[32:58.200 --> 33:01.200]  Tell the girl man she not cool in the car
[33:01.200 --> 33:03.200]  Julie, man she well girly
[33:03.200 --> 33:06.200]  She said she only want helicopter Bonanki
[33:06.200 --> 33:09.200]  She not want me she send me too fat to see
[33:09.200 --> 33:12.200]  She send me pocket like the well skinny
[33:12.200 --> 33:14.200]  So she hand in it and she say it empty
[33:14.200 --> 33:17.200]  She only want helicopter Bonanki
[33:17.200 --> 33:20.200]  Because he alone spend in USA
[33:20.200 --> 33:23.200]  Spend in the US currency
[33:23.200 --> 33:25.200]  So Julie man she want all of it
[33:25.200 --> 33:28.200]  She not gonna share with the girl name Jackie
[33:28.200 --> 33:31.200]  Nida Susie, Nida Surly
[33:31.200 --> 33:34.200]  Julie want me she all the money in the car
[33:34.200 --> 33:37.200]  Julie man she don't fool me
[33:37.200 --> 33:39.200]  So Julie me say she's a cruelly
[33:39.200 --> 33:42.200]  She want all the US currency
[33:42.200 --> 33:45.200]  When me tell Julie about money
[33:45.200 --> 33:48.200]  Julie say Wall Street broke but not she
[33:48.200 --> 33:51.200]  Julie say she no business but beauty
[33:51.200 --> 33:53.200]  She say next week she a ton shiny
[33:53.200 --> 33:56.200]  After that nuff yearning and she bad eat up
[33:56.200 --> 33:59.200]  Julie man she no fool me
[33:59.200 --> 34:02.200]  She don't trick her fairly catabarcy
[34:02.200 --> 34:04.200]  Julie man she doing fool me
[34:04.200 --> 34:07.200]  She don't trick her fairly catab- Bonanki
[34:07.200 --> 34:10.200]  Bonanki man he print money
[34:10.200 --> 34:13.200]  He he head the Federal Reserve and he
[34:13.200 --> 34:15.200]  Just give him nuff power you see
[34:15.200 --> 34:18.200]  But him print the money and give it to Julie
[34:18.200 --> 34:21.200]  Julie take a trip running free
[34:21.200 --> 34:24.200]  And half a tree where dem see she
[34:24.200 --> 34:26.200]  Dem even see she in a Canada city
[34:26.200 --> 34:29.200]  All America, Detroit dem find she
[34:29.200 --> 34:32.200]  Now she want go J.A. quickly
[34:32.200 --> 34:35.200]  Puerto Rico man they want to see she
[34:35.200 --> 34:37.200]  Because Julie is a kind lady
[34:37.200 --> 34:40.200]  But Julie look so nice, Julie look so sexy
[34:40.200 --> 34:43.200]  Julie man she well bully
[34:43.200 --> 34:46.200]  When you check it out Julie a bully
[34:46.200 --> 34:48.200]  Julie man she look sexy
[34:48.200 --> 34:51.200]  When you check it out Julie a bully
[34:51.200 --> 34:54.200]  Man she say she don't want no time you see
[34:54.200 --> 34:57.200]  And Julie she don't want no hurry
[34:57.200 --> 34:59.200]  She only want a good money for she
[34:59.200 --> 35:02.200]  She say she tired of spending she money
[35:02.200 --> 35:05.200]  She don't want no time you ask her and see
[35:05.200 --> 35:08.200]  She only want yen she badly
[35:08.200 --> 35:10.200]  She said the yen could help she quickly
[35:10.200 --> 35:39.200]  And dirty family in a foreign country
[35:39.200 --> 35:42.200]  Julie she well bully
[35:42.200 --> 35:46.200]  She only want helicopter Bernanke
[35:46.200 --> 35:48.200]  Okay
[35:48.200 --> 35:51.200]  Print the money and give it to she
[35:51.200 --> 35:55.200]  Spend all the money all over the planet you see
[35:55.200 --> 35:59.200]  Alright we have our guest Ken Magnussen
[35:59.200 --> 36:03.200]  Who is an expert in civil procedure
[36:03.200 --> 36:07.200]  And we also have a plethora of callers on the line
[36:07.200 --> 36:10.200]  So I would like Don Terry and Greg Chapman
[36:10.200 --> 36:13.200]  Our new host to hang on the line
[36:13.200 --> 36:16.200]  And we're going to go to our calls
[36:16.200 --> 36:18.200]  And let's just have a free for all
[36:18.200 --> 36:21.200]  And everybody just answer the calls the best they can
[36:21.200 --> 36:23.200]  Here we go
[36:23.200 --> 36:24.200]  We're going to go to
[36:24.200 --> 36:27.200]  Okay we got George from Texas
[36:27.200 --> 36:28.200]  Randy from Austin
[36:28.200 --> 36:29.200]  Dan from Connecticut
[36:29.200 --> 36:31.200]  Lisa from Texas
[36:31.200 --> 36:34.200]  Okay we're going to go to George from Texas
[36:34.200 --> 36:37.200]  George what's on your mind tonight?
[36:37.200 --> 36:39.200]  Hello Deborah
[36:39.200 --> 36:41.200]  Can you hear me?
[36:41.200 --> 36:42.200]  Hello
[36:42.200 --> 36:43.200]  I can hear you George
[36:43.200 --> 36:44.200]  Yes we can hear you
[36:44.200 --> 36:47.200]  Yes number one just to cap what happened during jury duty
[36:47.200 --> 36:51.200]  And the justice of the peace was appalled
[36:51.200 --> 36:54.200]  It was a case of a person driving without insurance
[36:54.200 --> 36:56.200]  But actually he did have insurance
[36:56.200 --> 36:59.200]  His insurance policy lapsed
[36:59.200 --> 37:01.200]  But he got another policy the next day
[37:01.200 --> 37:02.200]  And when he got stopped
[37:02.200 --> 37:04.200]  He got cited for driving no insurance
[37:04.200 --> 37:05.200]  So he took it to
[37:05.200 --> 37:07.200]  He got arrested and all that stuff
[37:07.200 --> 37:08.200]  And took it to a jury trial
[37:08.200 --> 37:10.200]  And we were getting ready
[37:10.200 --> 37:12.200]  We were getting ready at lunch to go deliberate
[37:12.200 --> 37:13.200]  And all that stuff
[37:13.200 --> 37:17.200]  And he did a plea bargain
[37:17.200 --> 37:19.200]  And he didn't have to do a plea bargain
[37:19.200 --> 37:20.200]  And like you said Randy
[37:20.200 --> 37:22.200]  When the attorneys go do a plea bargain
[37:22.200 --> 37:24.200]  Tell them to stuff it
[37:24.200 --> 37:27.200]  Exactly
[37:27.200 --> 37:30.200]  So you did get to sit on the jury?
[37:30.200 --> 37:31.200]  Yes
[37:31.200 --> 37:32.200]  How did you like it?
[37:32.200 --> 37:35.200]  Well we were going to quit them
[37:35.200 --> 37:36.200]  We were just going to quit them
[37:36.200 --> 37:40.200]  We just recognized that the DPS was just trying to squeeze them
[37:40.200 --> 37:42.200]  For more money
[37:42.200 --> 37:45.200]  So did the DPS
[37:45.200 --> 37:47.200]  Wait a minute
[37:47.200 --> 37:49.200]  He did a plea bargain
[37:49.200 --> 37:52.200]  Was he able to prove that he had insurance?
[37:52.200 --> 37:54.200]  Yes
[37:54.200 --> 37:57.200]  Then the plea bargain is void
[37:57.200 --> 38:00.200]  It wasn't in the state computers
[38:00.200 --> 38:03.200]  The plea bargain is void
[38:03.200 --> 38:06.200]  The prosecution is void
[38:06.200 --> 38:08.200]  Well he plea bargained with them
[38:08.200 --> 38:11.200]  And we were like what?
[38:11.200 --> 38:15.200]  Before we could deliberate he plea bargained
[38:15.200 --> 38:17.200]  You ought to go back and find out
[38:17.200 --> 38:18.200]  Get a hold of the guy
[38:18.200 --> 38:21.200]  And find out what the prosecutor told him
[38:21.200 --> 38:25.200]  It's perfectly acceptable for you to talk to him
[38:25.200 --> 38:27.200]  Okay because when we listened to this case
[38:27.200 --> 38:30.200]  The prosecution had no case
[38:30.200 --> 38:33.200]  He had no case
[38:33.200 --> 38:37.200]  It's just a bureaucratic foul up
[38:37.200 --> 38:40.200]  And this is Greg, you had a jury trial
[38:40.200 --> 38:42.200]  What court was that in?
[38:42.200 --> 38:45.200]  It was in Brazoria County, Justice of the Peace
[38:45.200 --> 38:48.200]  Okay we don't have those courts in Alabama
[38:48.200 --> 38:52.200]  It's a municipal court, just a traffic court
[38:52.200 --> 38:58.200]  In Alabama you cannot get a jury trial until you get to a circuit court
[38:58.200 --> 39:01.200]  No it's in our constitution
[39:01.200 --> 39:04.200]  All of them have jury trials in Texas
[39:04.200 --> 39:08.200]  I've had JP's try to tell me that I couldn't get a jury trial
[39:08.200 --> 39:14.200]  And I told him well try that out Bubba we'll see how that works
[39:14.200 --> 39:16.200]  He calls the county
[39:16.200 --> 39:19.200]  It's in the constitution in Alabama too
[39:19.200 --> 39:21.200]  I disagree
[39:21.200 --> 39:22.200]  About what?
[39:22.200 --> 39:30.200]  No it actually stipulates the degree of the crime
[39:30.200 --> 39:33.200]  Whether you get a jury trial or not
[39:33.200 --> 39:40.200]  So in Alabama what I've learned after going through a couple of cases
[39:40.200 --> 39:42.200]  Is just to stipulate
[39:42.200 --> 39:45.200]  You just do a stipulate that way you don't even have to talk to anybody
[39:45.200 --> 39:47.200]  Get it in a circuit court and you get it dismissed
[39:47.200 --> 39:51.200]  Oh is that where you stipulate
[39:51.200 --> 39:58.200]  Will you explain that to me once and I was trying to remember how it went
[39:58.200 --> 40:02.200]  Yeah what happened was in a case
[40:02.200 --> 40:04.200]  Actually my own case
[40:04.200 --> 40:08.200]  And I was trying to push the trial by jury on the prosecutor
[40:08.200 --> 40:10.200]  And she called me up there twice
[40:10.200 --> 40:14.200]  And she said you can't get that in a municipal court in Alabama
[40:14.200 --> 40:19.200]  And I finally I told her I said whatever you got to do I'm going to appeal it anyway
[40:19.200 --> 40:22.200]  And she said oh you want to stipulate
[40:22.200 --> 40:23.200]  I said that's fine
[40:23.200 --> 40:27.200]  So they've got this own little piece of paper that they fill out that you stipulate
[40:27.200 --> 40:29.200]  And then you just simply go by the judge
[40:29.200 --> 40:31.200]  Or go to the judge he says guilty
[40:31.200 --> 40:33.200]  And then you do your appeal
[40:33.200 --> 40:36.200]  And so what we've been doing since then
[40:36.200 --> 40:39.200]  So we don't have to deal with these municipal judges
[40:39.200 --> 40:41.200]  Is we just tell them we're going to stipulate
[40:41.200 --> 40:45.200]  And then you just found guilty and you appeal it and get it dismissed in circuit court
[40:45.200 --> 40:47.200]  Because they don't have a new complaint
[40:47.200 --> 40:50.200]  And they have to file a new complaint in circuit court
[40:50.200 --> 40:51.200]  They never do that
[40:51.200 --> 40:55.200]  Yeah that was the issue that when it goes to the higher court
[40:55.200 --> 40:57.200]  The prosecutor has to file a new complaint
[40:57.200 --> 40:58.200]  Right
[40:58.200 --> 40:59.200]  Randy
[40:59.200 --> 41:00.200]  Yes
[41:00.200 --> 41:01.200]  Ken Magnussen
[41:01.200 --> 41:04.200]  It sounds like it's like a no contest plea
[41:04.200 --> 41:05.200]  No lo contendere
[41:05.200 --> 41:07.200]  Yes that's exactly what I was thinking
[41:07.200 --> 41:09.200]  In Texas we would plead no lo contende
[41:09.200 --> 41:11.200]  And that means no contest
[41:11.200 --> 41:15.200]  And you can appeal it automatically
[41:15.200 --> 41:17.200]  They'll find you guilty then you appeal to the higher court
[41:17.200 --> 41:19.200]  Probably in Texas
[41:19.200 --> 41:21.200]  When you do that
[41:21.200 --> 41:23.200]  In order to appeal
[41:23.200 --> 41:26.200]  You have to post a bond to double the amount of the fines
[41:26.200 --> 41:29.200]  And then they'll never bring it up
[41:29.200 --> 41:32.200]  And keep your bond money
[41:32.200 --> 41:35.200]  So it's a nice deal for them either way
[41:35.200 --> 41:41.200]  Yeah well here I've always used two land owners
[41:41.200 --> 41:43.200]  So that there's no money involved
[41:43.200 --> 41:47.200]  But one of the things that Don and I are trying to get together now
[41:47.200 --> 41:49.200]  Is create our own bonds so that that's never an issue
[41:49.200 --> 41:53.200]  Oh bail bail this is something I address in Texas
[41:53.200 --> 42:00.200]  Is Texas law specifically or Texas constitution gives you a right to bail
[42:00.200 --> 42:03.200]  Doesn't give you a right to bond
[42:03.200 --> 42:07.200]  Bond is something you can post in lieu of bail
[42:07.200 --> 42:12.200]  Say if you get accused of a crime
[42:12.200 --> 42:15.200]  And you just write a document
[42:15.200 --> 42:17.200]  It comes right out of the code
[42:17.200 --> 42:22.200]  Where you state that you are worth exclusive of all encumbrance
[42:22.200 --> 42:26.200]  Your net worth is greater than double the amount of the fines
[42:26.200 --> 42:30.200]  And you pledge that double the amount of the fines
[42:30.200 --> 42:36.200]  Then bail is a written agreement
[42:36.200 --> 42:39.200]  That's what the statute says
[42:39.200 --> 42:42.200]  A written agreement to bind your assets
[42:42.200 --> 42:44.200]  Has nothing to do with money
[42:44.200 --> 42:46.200]  But if you have no assets
[42:46.200 --> 42:51.200]  Then in lieu of bail you can post bond
[42:51.200 --> 42:55.200]  Well every time I've tried to post bail they just denied it out of hand
[42:55.200 --> 42:58.200]  And it's one of the fights I haven't really taken on yet
[42:58.200 --> 43:00.200]  But it's one I want to get to
[43:00.200 --> 43:05.200]  So how does it read in Alabama law as to bail or bond?
[43:05.200 --> 43:10.200]  Well I mean it's pretty simple but
[43:10.200 --> 43:13.200]  And one of the things about Alabama
[43:13.200 --> 43:16.200]  I was talking to somebody earlier about that
[43:16.200 --> 43:22.200]  Our rules are a lot cleaner than Texas seems to be
[43:22.200 --> 43:25.200]  It's easier to handle situations here in the court
[43:25.200 --> 43:27.200]  It seems to me anyway
[43:27.200 --> 43:29.200]  Because it's pretty straight forward
[43:29.200 --> 43:32.200]  In regard to the bail and the bond
[43:32.200 --> 43:36.200]  I can't quote it specifically because I've got my own system now
[43:36.200 --> 43:39.200]  And mine is pretty simple
[43:39.200 --> 43:42.200]  Because I make sure
[43:42.200 --> 43:46.200]  I've got land and most everybody knows somebody that's got land
[43:46.200 --> 43:49.200]  And we just use the two surety's on the notice of appeal
[43:49.200 --> 43:51.200]  OK listen listen listen
[43:51.200 --> 43:52.200]  We're going to break
[43:52.200 --> 43:57.200]  We'll be right back
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[45:33.200 --> 45:38.200]  Ain't gonna fool me with that same old trick again
[45:38.200 --> 45:43.200]  I was blindsided but now I can see your plan
[45:43.200 --> 45:48.200]  You put the fear in my pockets, took the money from my hand
[45:48.200 --> 45:57.200]  Ain't gonna fool me with that same old trick again
[45:57.200 --> 46:18.200]  Ain't gonna fool me with that same old sucker punch
[46:18.200 --> 46:23.200]  I get it now but then I must have been found too much
[46:23.200 --> 46:28.200]  Back then you had room to move but now you're feeling the crunch
[46:28.200 --> 46:49.200]  Ain't gonna get me with that same old sucker punch
[46:49.200 --> 46:58.200]  Well, ain't gonna please me with that same old dancing song
[46:58.200 --> 47:03.200]  You thought you were odd but now you got it all wrong
[47:03.200 --> 47:08.200]  It was a weak moment for me but I had the power all along
[47:08.200 --> 47:33.200]  Ain't gonna please me with that same old dancing song
[47:33.200 --> 47:38.200]  Ain't gonna bore me with that same old bundle of lies
[47:38.200 --> 47:43.200]  Your arrogance is absurd, don't know why you even try
[47:43.200 --> 47:48.200]  I'm gonna see my sweet republic re-energize
[47:48.200 --> 48:03.200]  Ain't gonna blind me with that same old bucket of lies
[48:03.200 --> 48:18.200]  Ain't gonna blind me
[48:18.200 --> 48:37.200]  Ain't gonna probe me
[48:37.200 --> 48:44.200]  Ain't gonna please me
[48:44.200 --> 48:59.200]  Ain't gonna fool me
[48:59.200 --> 49:02.200]  Alright, this is The Rule of Law, Randy Kelton, Debra Stevens
[49:02.200 --> 49:09.200]  We've got Greg Chapman, Don Terry and Professor Ken Magnussen
[49:09.200 --> 49:16.200]  He has joined us again to give part two of God knows how many parts
[49:16.200 --> 49:22.200]  Of his lesson and we really do want to spend a considerable amount of time
[49:22.200 --> 49:24.200]  If not the whole rest of the show with Ken Magnussen
[49:24.200 --> 49:31.200]  So that he can basically indoctrinate us into the rules of civil procedure
[49:31.200 --> 49:36.200]  And criminal procedure for that matter and how to deal with the nuts and bolts
[49:36.200 --> 49:45.200]  Of the court system in general whether it be criminal, civil, municipal, commercial
[49:45.200 --> 49:48.200]  Whatever it is, Ken Magnussen is the man
[49:48.200 --> 49:50.200]  Okay, so what we're going to do now
[49:50.200 --> 49:53.200]  We've got nine minutes to the top of the hour
[49:53.200 --> 49:56.200]  We're going to take Dan from Connecticut and Wendy
[49:56.200 --> 50:02.200]  And then we are going to turn the format over to Ken
[50:02.200 --> 50:07.200]  And we're going to have Greg and Don standing by for commentary
[50:07.200 --> 50:11.200]  Okay, so quickly, Dan from Connecticut
[50:11.200 --> 50:14.200]  What is on your mind tonight?
[50:14.200 --> 50:17.200]  Hey, it's Dan from the Evil Radio Network
[50:17.200 --> 50:20.200]  Evil Rival Network
[50:20.200 --> 50:22.200]  Yes, Revolution Broadcasting
[50:22.200 --> 50:25.200]  I do Real Liberty of the Constitution with Dan Real
[50:25.200 --> 50:29.200]  And I didn't do it today on RTR Radio because my voice is gone
[50:29.200 --> 50:34.200]  But I did get an email response to Jackie's case, believe it or not
[50:34.200 --> 50:38.200]  Interesting, the one in, you're talking about Jackie in Las Vegas?
[50:38.200 --> 50:39.200]  Nevada
[50:39.200 --> 50:42.200]  Yes, I was just out there
[50:42.200 --> 50:47.200]  And I tell you, this woman was like iron
[50:47.200 --> 50:51.200]  She goes into the case and I stood up in the courtroom
[50:51.200 --> 50:54.200]  And demanded to approach the court of Mikas Kuria
[50:54.200 --> 50:57.200]  And they threw me right out
[50:57.200 --> 51:01.200]  Well, good for you
[51:01.200 --> 51:05.200]  And the brass stones that you carried, obviously
[51:05.200 --> 51:08.200]  It wasn't me, I do this stuff all the time
[51:08.200 --> 51:11.200]  She was absolutely unflappable
[51:11.200 --> 51:12.200]  Excellent
[51:12.200 --> 51:15.200]  Afterward, I tried to get them to arrest the judge
[51:15.200 --> 51:16.200]  And then they wouldn't let me in the courtroom
[51:16.200 --> 51:18.200]  And I called the police on the police
[51:18.200 --> 51:19.200]  And I'm just working them over
[51:19.200 --> 51:22.200]  And she was not the least bit intimidated
[51:22.200 --> 51:26.200]  Well, I got a response on this from Wayne Allen Root, believe it or not
[51:26.200 --> 51:30.200]  Wayne Allen Root
[51:30.200 --> 51:33.200]  Vice Presidential Candidate, Libertarian Party
[51:33.200 --> 51:35.200]  Oh, wonderful
[51:35.200 --> 51:39.200]  He had a friend go look up the statute for me
[51:39.200 --> 51:44.200]  It's Nevada Revised Statute 6.132
[51:44.200 --> 51:47.200]  And the bad news is this
[51:47.200 --> 51:52.200]  I guess it takes something like 25% of the registered number of voters
[51:52.200 --> 51:56.200]  Within the county, that is after you get the five registered voters
[51:56.200 --> 51:59.200]  To get the committee, to get the grand jury convened
[51:59.200 --> 52:02.200]  To actually get the grand jury convened
[52:02.200 --> 52:04.200]  Yeah, I got that email
[52:04.200 --> 52:06.200]  That was depressing
[52:06.200 --> 52:09.200]  Yeah, but the good news is
[52:09.200 --> 52:11.200]  I think I CC'd you on this
[52:11.200 --> 52:15.200]  But I'm seeing an opportunity to go federally on it
[52:15.200 --> 52:19.200]  Oh, it clearly has federal implications
[52:19.200 --> 52:26.200]  Well, yeah, I just did a show on my network about statutory interpretation
[52:26.200 --> 52:31.200]  And forgive me, I'm really trying to work through this laryngitis as hard as I can
[52:31.200 --> 52:37.200]  But if a statute creates a manifestly unjust result
[52:37.200 --> 52:40.200]  Or it's something really absurd
[52:40.200 --> 52:42.200]  It's just void
[52:42.200 --> 52:47.200]  But aside from that, I saw the opportunity based on what Jackie had said to us
[52:47.200 --> 52:52.200]  That we could go after them for USC 18242
[52:52.200 --> 52:55.200]  You know, that's the deprivation of liberty basically
[52:55.200 --> 52:58.200]  Yeah, that's always laying there in the background
[52:58.200 --> 53:01.200]  But we want to beat them up as much as we can in the state
[53:01.200 --> 53:04.200]  And this is what I found in Nevada
[53:04.200 --> 53:07.200]  Nevada's reading the statute that tells them
[53:07.200 --> 53:09.200]  Just like Texas, just like everywhere
[53:09.200 --> 53:11.200]  If you arrest someone, you have to take them before a magistrate
[53:11.200 --> 53:13.200]  But they have a statute that says
[53:13.200 --> 53:16.200]  If you don't get them before a magistrate, within 48 hours you must release them
[53:16.200 --> 53:20.200]  They took that to mean you could release them out of hand
[53:20.200 --> 53:23.200]  And still prosecute them because in Nevada
[53:23.200 --> 53:25.200]  The prosecutor files a criminal complaint
[53:25.200 --> 53:28.200]  And a criminal complaint initiates prosecution
[53:28.200 --> 53:30.200]  So they arrest you, take you to jail, beat you up
[53:30.200 --> 53:32.200]  Do anything they want to to you
[53:32.200 --> 53:36.200]  They never take you before a magistrate so nobody ever files a criminal complaint
[53:36.200 --> 53:39.200]  So they're trying to say that prosecution doesn't commence
[53:39.200 --> 53:43.200]  Well, it commences when you file a criminal complaint or when you're arrested
[53:43.200 --> 53:47.200]  And by this method, the prosecutor files a complaint
[53:47.200 --> 53:51.200]  Everything that went before that just disappears into the ether
[53:51.200 --> 53:53.200]  And I'm saying
[53:53.200 --> 53:58.200]  Judge, you do not have subject matter jurisdiction in this matter
[53:58.200 --> 54:01.200]  Because the arresting officer violated a law relating to his office
[54:01.200 --> 54:06.200]  Became a criminal trespasser and denied you subject matter jurisdiction
[54:06.200 --> 54:10.200]  And it is a deliberate ploy on the part of the policing agencies
[54:10.200 --> 54:14.200]  And the prosecuting attorney to deny due process
[54:14.200 --> 54:18.200]  Excellent, before my voice gives out
[54:18.200 --> 54:21.200]  I just want to get a few more points out before
[54:21.200 --> 54:25.200]  I'm really running out of steam, just bear with me on this
[54:25.200 --> 54:27.200]  I'll shut up
[54:27.200 --> 54:31.200]  He got me sick, he's 7 months old
[54:31.200 --> 54:34.200]  But he's getting over it and I'm just getting it
[54:34.200 --> 54:36.200]  You gotta get used to that Bubba
[54:36.200 --> 54:38.200]  It's gonna get worse
[54:38.200 --> 54:40.200]  He's crawling, that's the good news
[54:40.200 --> 54:43.200]  They go to school and bring you home presents
[54:43.200 --> 54:47.200]  He is gonna be home schooled if you know better
[54:47.200 --> 54:53.200]  In any case, I did take the opportunity to tell Wayne what you guys did
[54:53.200 --> 54:59.200]  And basically describe what we were doing with bouncing ourselves off civil procedure
[54:59.200 --> 55:03.200]  Because the state can fight you forever with money they get from the taxpayers
[55:03.200 --> 55:06.200]  So I just wanted to put that out for you
[55:06.200 --> 55:09.200]  And I did want to know
[55:09.200 --> 55:13.200]  I'm understanding you had somebody who knew something about family law out there
[55:13.200 --> 55:15.200]  You an expert you can get in touch with
[55:15.200 --> 55:19.200]  Mark Adams, he's the attorney that gets on occasion
[55:19.200 --> 55:23.200]  I lost this number, I have to dig it up
[55:23.200 --> 55:27.200]  But it turns out I have a family member
[55:27.200 --> 55:31.200]  They're minors and they kind of screwed up in a really bad way
[55:31.200 --> 55:35.200]  So I recommend to the parents that they go request the court records
[55:35.200 --> 55:37.200]  And get refused
[55:37.200 --> 55:41.200]  So that way at least they can give them that opportunity to
[55:41.200 --> 55:48.200]  Get the court in any way the chance to deny themselves subject matter jurisdiction
[55:48.200 --> 55:51.200]  I would think that would be the first thing to do
[55:51.200 --> 55:55.200]  I mean if they did it then obviously the whole thing would be over
[55:55.200 --> 55:58.200]  You need Mark to look at it
[55:58.200 --> 56:00.200]  He practiced family law for a while
[56:00.200 --> 56:06.200]  Yeah well we'll see if Mark Adams is going to call in after my rant on Jonathan Moseley
[56:06.200 --> 56:08.200]  Okay
[56:08.200 --> 56:10.200]  I've talked to him since then, he's cool with it
[56:10.200 --> 56:12.200]  Okay we'll see
[56:12.200 --> 56:16.200]  Okay we need to move along we're running out of time
[56:16.200 --> 56:20.200]  Okay yeah let's go to Wendy because we need to get to our guest
[56:20.200 --> 56:21.200]  Thanks Dan
[56:21.200 --> 56:22.200]  Okay thank you Dan
[56:22.200 --> 56:25.200]  Okay we're going to go now to Wendy in Tennessee
[56:25.200 --> 56:28.200]  Wendy you have two minutes what's up
[56:28.200 --> 56:31.200]  I was going to tell Randy
[56:31.200 --> 56:36.200]  You know we have sent our negative veerment stuff to the registered office
[56:36.200 --> 56:38.200]  They didn't hear
[56:38.200 --> 56:40.200]  The postal was done
[56:40.200 --> 56:43.200]  I'm sorry we're losing you Wendy
[56:43.200 --> 56:50.200]  Okay we have sent our affidavit negative veerment to the registered deeds
[56:50.200 --> 56:54.200]  On her for filing her civil complaint against us
[56:54.200 --> 56:56.200]  Yes
[56:56.200 --> 57:00.200]  We sent it to her, me and Bill and plus Buddy Summers
[57:00.200 --> 57:02.200]  They've disappeared
[57:02.200 --> 57:08.200]  The post office supervisors does have no idea what happened to this mailing
[57:08.200 --> 57:11.200]  Do they have record of it being delivered?
[57:11.200 --> 57:14.200]  Yeah, no not delivered
[57:14.200 --> 57:16.200]  It was never delivered
[57:16.200 --> 57:18.200]  Oh that's interesting
[57:18.200 --> 57:21.200]  Ten days later they don't know what happened to it
[57:21.200 --> 57:26.200]  Yeah I heard a black hole pass through the earth the other day maybe that sucked it up
[57:26.200 --> 57:32.200]  We certainly might want to get if you're close enough hand deliver it
[57:32.200 --> 57:34.200]  Right well
[57:34.200 --> 57:40.200]  That way it's there's no black hole unless you fall in the black hole in the way there
[57:40.200 --> 57:46.200]  And the certified mail seems to return receipt
[57:46.200 --> 57:48.200]  It got there
[57:48.200 --> 57:53.200]  Well I would try that again but if there's a problem with the mail I'd take one
[57:53.200 --> 57:58.200]  And give them personal service and then go ahead and mail
[57:58.200 --> 58:01.200]  Now if I can enter a suggestion
[58:01.200 --> 58:07.200]  One of the things that we're doing now is using a notary to actually mail it
[58:07.200 --> 58:12.200]  And using the notary's address for the mail return
[58:12.200 --> 58:20.200]  Because that's our proof that it actually went into the envelope and went into the mailbox and the whole procedure
[58:20.200 --> 58:24.200]  Yes and that's a real good use for the notary
[58:24.200 --> 58:32.200]  Because the notary is a public official and the courts will accept what the notary says as a matter of law
[58:32.200 --> 58:38.200]  Well that's good but can you tell me what happened to that other case file?
[58:38.200 --> 58:42.200]  We had both of their cases once disappeared
[58:42.200 --> 58:48.200]  Interesting I would want the clerk to tell the grand jury what happened to that case file
[58:48.200 --> 58:51.200]  Okay we're out of time
[58:51.200 --> 58:52.200]  I'll let you all go okay
[58:52.200 --> 58:53.200]  Thank you Wendy
[58:53.200 --> 58:54.200]  Okay bye bye
[58:54.200 --> 59:00.200]  Okay when we get back on the other side we are going to take John he's a first time caller
[59:00.200 --> 59:04.200]  And then we are going to go to our guest Ken Magnussen
[59:04.200 --> 59:08.200]  We'll be right back
[59:35.200 --> 59:38.200]  Are you the plaintiff or defendant in a lawsuit?
[59:38.200 --> 59:42.200]  Win your case without an attorney with Jurisdictionary
[59:42.200 --> 59:49.200]  The affordable easy to understand 4 CD course that will show you how in 24 hours step by step
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[01:00:35.200 --> 01:00:44.200]  We know the official story is impossible so we set about scientifically to cover the hypothesis and then to test that
[01:00:44.200 --> 01:00:50.200]  Alright we're just searching for the truth cause so far we've been truthless
[01:00:50.200 --> 01:00:52.200]  Don't mean to be ruthless
[01:00:52.200 --> 01:00:53.200]  I do
[01:00:53.200 --> 01:01:01.200]  It was a ten second free fall, that's what I saw, that's what you saw, that's what everybody saw
[01:01:01.200 --> 01:01:04.200]  Ten second free fall
[01:01:04.200 --> 01:01:08.200]  Official story don't make a lick of sense at all
[01:01:08.200 --> 01:01:10.200]  It was a ten second free fall
[01:01:10.200 --> 01:01:13.200]  What if the buildings are brought down by controlled demolition
[01:01:13.200 --> 01:01:15.200]  It was controlled demolition
[01:01:15.200 --> 01:01:20.200]  Concrete engine fund us, that's a hell of a transition
[01:01:20.200 --> 01:01:23.200]  From controlled demolition
[01:01:23.200 --> 01:01:27.200]  They believe in fairytales at the 9-1-1 commission
[01:01:27.200 --> 01:01:29.200]  But not controlled demolition
[01:01:29.200 --> 01:01:31.200]  Well I would just ignore that idiot
[01:01:31.200 --> 01:01:34.200]  Assisto ashes concrete to dust
[01:01:34.200 --> 01:01:37.200]  Twin tower fall down in front of us
[01:01:37.200 --> 01:01:39.200]  We bring dem engines in the building we see
[01:01:39.200 --> 01:01:41.200]  Twin tower shoulda stand up and a take it easily
[01:01:41.200 --> 01:01:44.200]  Man needs a zillion and a man even how he
[01:01:44.200 --> 01:01:46.200]  Hide the beam dem, destroy dem quickly
[01:01:46.200 --> 01:01:50.200]  Build eighty-seven and dem don't destroy, destroy dem paper dem a lot
[01:01:50.200 --> 01:01:53.200]  I ain't no rocket scientist
[01:01:53.200 --> 01:01:57.200]  But I got two good eyes and I can see right through your tricks
[01:01:57.200 --> 01:02:00.200]  I ain't no rocket scientist
[01:02:00.200 --> 01:02:02.200]  You can't change the laws of nature
[01:02:02.200 --> 01:02:04.200]  You can't change the laws of physics
[01:02:04.200 --> 01:02:08.200]  I don't need to be a rocket scientist
[01:02:08.200 --> 01:02:12.200]  Professor Stephen Jones, he has a doctorate in physics
[01:02:12.200 --> 01:02:16.200]  And he has now gotten samples, they've taken the samples
[01:02:16.200 --> 01:02:18.200]  They've done scientific tests on them
[01:02:18.200 --> 01:02:21.200]  Professor Jones just doesn't find evidence of thermite
[01:02:21.200 --> 01:02:24.200]  They find the byproducts of Thermaid
[01:02:24.200 --> 01:02:28.200]  Patented for specific use in cutting field columns
[01:02:28.200 --> 01:02:30.200]  The hair on the back of my neck standing up
[01:02:30.200 --> 01:02:33.200]  Ten second free fall
[01:02:33.200 --> 01:02:36.200]  That's what everybody saw
[01:02:36.200 --> 01:02:38.200]  Ten second free fall
[01:02:38.200 --> 01:02:40.200]  Feels like my best friend just a sucker
[01:02:40.200 --> 01:02:43.200]  Punch me outside my door with a
[01:02:43.200 --> 01:02:45.200]  Ten second free fall
[01:02:45.200 --> 01:02:47.200]  The groundbreaking test
[01:02:47.200 --> 01:02:49.200]  Why don't you tell us about it?
[01:02:49.200 --> 01:02:53.200]  Yeah, so I was rather surprised when we did the analysis
[01:02:53.200 --> 01:02:55.200]  With the amount of sulfur
[01:02:55.200 --> 01:02:58.200]  And sulfur added to thermite
[01:02:58.200 --> 01:02:59.200]  It's called Thermaid
[01:02:59.200 --> 01:03:02.200]  And that is used specifically to cut through steel
[01:03:02.200 --> 01:03:04.200]  I mean, when you put sulfur in thermite
[01:03:04.200 --> 01:03:06.200]  Wham all that like a hot knife through butter
[01:03:06.200 --> 01:03:08.200]  Control demolition
[01:03:08.200 --> 01:03:10.200]  Fool most of the world
[01:03:10.200 --> 01:03:12.200]  With a few well placed munitions
[01:03:12.200 --> 01:03:14.200]  Control demolition
[01:03:14.200 --> 01:03:17.200]  All because one world government
[01:03:17.200 --> 01:03:19.200]  Wants to come to its fruition
[01:03:19.200 --> 01:03:22.200]  They did control demolition
[01:03:22.200 --> 01:03:27.200]  Search on building seven
[01:03:27.200 --> 01:03:31.200]  And it might turn out that it's your neck that you are saving
[01:03:31.200 --> 01:03:34.200]  Search on building seven
[01:03:34.200 --> 01:03:37.200]  It might turn out that it's your republic
[01:03:37.200 --> 01:03:39.200]  That you're saving
[01:03:39.200 --> 01:03:41.200]  Search on building seven
[01:03:41.200 --> 01:03:43.200]  We looked at the free fall
[01:03:43.200 --> 01:03:46.200]  Compared to the fall of building seven
[01:03:46.200 --> 01:03:48.200]  Look at the free fall
[01:03:48.200 --> 01:03:51.200]  Compared to the fall of building seven
[01:03:51.200 --> 01:03:53.200]  I've never seen it before
[01:03:53.200 --> 01:03:55.200]  Steven Jones
[01:03:55.200 --> 01:03:56.200]  Professor Steven Jones
[01:03:56.200 --> 01:03:58.200]  My personal hero
[01:04:02.200 --> 01:04:04.200]  Mr. Jonathan Moseley
[01:04:04.200 --> 01:04:06.200]  Attorney out of Florida
[01:04:06.200 --> 01:04:08.200]  Writing a hit piece on WorldNetDaily
[01:04:08.200 --> 01:04:10.200]  I'm going public about it
[01:04:10.200 --> 01:04:12.200]  I wrote an article about it
[01:04:12.200 --> 01:04:15.200]  On scholars for 9-11 Truth
[01:04:18.200 --> 01:04:20.200]  Anybody that wants to call in and comment on it
[01:04:20.200 --> 01:04:21.200]  Please feel free
[01:04:21.200 --> 01:04:23.200]  In the meantime
[01:04:23.200 --> 01:04:26.200]  We are going to go to John in Georgia
[01:04:26.200 --> 01:04:27.200]  First time caller
[01:04:27.200 --> 01:04:29.200]  And then we're going to get on to our guest, Ken
[01:04:32.200 --> 01:04:33.200]  John, you there?
[01:04:33.200 --> 01:04:34.200]  John, thanks for calling in
[01:04:34.200 --> 01:04:36.200]  First time caller, what's on your mind?
[01:04:36.200 --> 01:04:38.200]  Hey, not the first time caller
[01:04:38.200 --> 01:04:40.200]  I called in before
[01:04:40.200 --> 01:04:44.200]  I called in because I was listening to the man in Alabama
[01:04:44.200 --> 01:04:46.200]  I had a speeding ticket in Alabama
[01:04:46.200 --> 01:04:47.200]  I tried to fight
[01:04:47.200 --> 01:04:50.200]  I tried to stand on my constitutional right to a jury trial
[01:04:50.200 --> 01:04:52.200]  And Alabama refused to give me that
[01:04:52.200 --> 01:04:55.200]  They said that I didn't have a right to a jury trial
[01:04:55.200 --> 01:04:58.200]  And I tried to explain to them that anything in dispute
[01:04:58.200 --> 01:05:00.200]  Over $25 life over your property
[01:05:00.200 --> 01:05:02.200]  You have a right to a jury trial
[01:05:02.200 --> 01:05:04.200]  And they just wouldn't give it to me
[01:05:04.200 --> 01:05:07.200]  It was years ago before I started studying law
[01:05:07.200 --> 01:05:09.200]  And listening to your radio show
[01:05:09.200 --> 01:05:11.200]  Also I'd like to say David Stevens
[01:05:11.200 --> 01:05:12.200]  Three Shoes Posse
[01:05:12.200 --> 01:05:13.200]  Good music
[01:05:13.200 --> 01:05:15.200]  I wish a lot of people would get your CDs
[01:05:15.200 --> 01:05:16.200]  And listen to it
[01:05:16.200 --> 01:05:19.200]  Instead of listening to this mainstream music
[01:05:19.200 --> 01:05:22.200]  And it helps you keep in the frame of mind
[01:05:22.200 --> 01:05:24.200]  Of where the law
[01:05:24.200 --> 01:05:27.200]  Where the law and the government is trying to lead you
[01:05:27.200 --> 01:05:32.200]  But one gentleman called in from Alabama
[01:05:32.200 --> 01:05:37.200]  Saying that Alabama refuses you
[01:05:37.200 --> 01:05:39.200]  Your right to a jury trial
[01:05:39.200 --> 01:05:41.200]  And I'm not sure about the procedure that he was speaking about
[01:05:41.200 --> 01:05:45.200]  But I always thought that in the United States
[01:05:45.200 --> 01:05:47.200]  You had a right to a jury trial
[01:05:47.200 --> 01:05:50.200]  If your life over your property was in dispute
[01:05:50.200 --> 01:05:52.200]  That's right
[01:05:52.200 --> 01:05:54.200]  That's true
[01:05:54.200 --> 01:05:56.200]  And like I was saying earlier
[01:05:56.200 --> 01:06:00.200]  Since I learned how to go ahead and beat the ticket anyway
[01:06:00.200 --> 01:06:04.200]  Then I got away from fighting the fight of the jury trial
[01:06:04.200 --> 01:06:06.200]  I mean that's a fight that needs to be made
[01:06:06.200 --> 01:06:11.200]  But since we can get the tickets dismissed anyway
[01:06:11.200 --> 01:06:14.200]  I just didn't see the need for fighting it
[01:06:14.200 --> 01:06:15.200]  Right, right
[01:06:15.200 --> 01:06:17.200]  Also administratively
[01:06:17.200 --> 01:06:19.200]  They've had a couple cases here in Georgia
[01:06:19.200 --> 01:06:23.200]  Where judges have been charged with
[01:06:23.200 --> 01:06:27.200]  Finding juveniles
[01:06:27.200 --> 01:06:30.200]  And sending them to juvenile facilities
[01:06:30.200 --> 01:06:32.200]  And getting kickbacks from it
[01:06:32.200 --> 01:06:35.200]  So I'd just like to let everybody know
[01:06:35.200 --> 01:06:37.200]  That the American people need to quit being dumbed down
[01:06:37.200 --> 01:06:39.200]  And understand that you have to fight these people
[01:06:39.200 --> 01:06:40.200]  I tried to file
[01:06:40.200 --> 01:06:42.200]  Since the last time I talked to you
[01:06:42.200 --> 01:06:44.200]  Some criminal charges
[01:06:44.200 --> 01:06:48.200]  And they refused to do it here in Columbus, Georgia
[01:06:48.200 --> 01:06:51.200]  And I'm still going to go forward with it
[01:06:51.200 --> 01:06:54.200]  They refused to give me forms for criminal complaints
[01:06:54.200 --> 01:06:57.200]  Or file criminal charges against the sheriff's department here
[01:06:57.200 --> 01:06:59.200]  For illegally jailing me
[01:06:59.200 --> 01:07:03.200]  And not have any evidence on the record or a witness
[01:07:03.200 --> 01:07:05.200]  So I'm going to be filing a suit
[01:07:05.200 --> 01:07:11.200]  Are you filing criminal charges against the people who refuse to take the criminal charges?
[01:07:11.200 --> 01:07:14.200]  Well, no, that's my next step
[01:07:14.200 --> 01:07:15.200]  That's what you recommended to me
[01:07:15.200 --> 01:07:18.200]  And I was speaking to a guy in Atlanta
[01:07:18.200 --> 01:07:21.200]  I got him to start listening to your radio show
[01:07:21.200 --> 01:07:24.200]  Where he's trying to get video
[01:07:24.200 --> 01:07:26.200]  And audio tapes in courtrooms
[01:07:26.200 --> 01:07:28.200]  I think you were talking about that earlier
[01:07:28.200 --> 01:07:32.200]  As far as copyright infringements
[01:07:32.200 --> 01:07:36.200]  Yeah, well, the courtroom
[01:07:36.200 --> 01:07:38.200]  You're talking about getting a copy
[01:07:38.200 --> 01:07:40.200]  Going for a copyright infringement
[01:07:40.200 --> 01:07:44.200]  About the dash cams?
[01:07:44.200 --> 01:07:46.200]  No, no, the dash cams
[01:07:46.200 --> 01:07:48.200]  Now, I had a hard time in LaGrange
[01:07:48.200 --> 01:07:50.200]  And I finally got that
[01:07:50.200 --> 01:07:52.200]  The judge that was sitting on my case
[01:07:52.200 --> 01:07:56.200]  She happened to be part of the
[01:07:56.200 --> 01:08:00.200]  Pro State Committee
[01:08:00.200 --> 01:08:03.200]  And she talked to the prosecutor
[01:08:03.200 --> 01:08:06.200]  And said that she would get me the copy of the video tapes
[01:08:06.200 --> 01:08:08.200]  Then when it came time to my trial
[01:08:08.200 --> 01:08:10.200]  I kept fighting the prosecutor to get the video tapes
[01:08:10.200 --> 01:08:12.200]  I had to go through my friend Gary
[01:08:12.200 --> 01:08:14.200]  And he went down to the sheriff's department
[01:08:14.200 --> 01:08:16.200]  That finally got them for me
[01:08:16.200 --> 01:08:18.200]  But I couldn't get a copy of the video tapes until trial
[01:08:18.200 --> 01:08:20.200]  Because they said that I didn't go through
[01:08:20.200 --> 01:08:22.200]  The administrative procedures of putting it in writing
[01:08:22.200 --> 01:08:24.200]  As far as discovery
[01:08:24.200 --> 01:08:26.200]  To get a copy of that
[01:08:26.200 --> 01:08:28.200]  But she told the prosecutor, Mr. Fowler in LaGrange
[01:08:28.200 --> 01:08:30.200]  That she understood being on the Pro State Committee
[01:08:30.200 --> 01:08:32.200]  That she understood that I was going Pro State
[01:08:32.200 --> 01:08:34.200]  And I didn't understand the procedures of the court
[01:08:34.200 --> 01:08:36.200]  And to see to it that I get a copy of those tapes
[01:08:36.200 --> 01:08:38.200]  Well, they refused to give it to me
[01:08:38.200 --> 01:08:40.200]  I'm going to be filing a case against them also
[01:08:40.200 --> 01:08:42.200]  My friend is helping me put that together
[01:08:42.200 --> 01:08:44.200]  But that's a separate case there
[01:08:44.200 --> 01:08:46.200]  But as far as this one in Columbus
[01:08:46.200 --> 01:08:48.200]  I do need to file charges on those
[01:08:48.200 --> 01:08:50.200]  But I've learned to take a tape recorder with me
[01:08:50.200 --> 01:08:52.200]  Every time I go to the courthouse
[01:08:52.200 --> 01:08:54.200]  And record these people
[01:08:54.200 --> 01:08:56.200]  And ask for their names
[01:08:56.200 --> 01:08:58.200]  While the recorder is in process
[01:08:58.200 --> 01:09:00.200]  So I can document and verify
[01:09:00.200 --> 01:09:02.200]  Otherwise you go into court
[01:09:02.200 --> 01:09:04.200]  Without any kind of evidence whatsoever
[01:09:04.200 --> 01:09:06.200]  Yeah, that's one of Ken's four rules
[01:09:06.200 --> 01:09:08.200]  Right
[01:09:08.200 --> 01:09:10.200]  And that's what I learned from you
[01:09:10.200 --> 01:09:12.200]  And so I'm going to be proceeding with that
[01:09:12.200 --> 01:09:14.200]  But I tell you
[01:09:14.200 --> 01:09:16.200]  I tell these people it's a long hard battle
[01:09:16.200 --> 01:09:18.200]  And like the guy with the insurance
[01:09:18.200 --> 01:09:20.200]  Situation
[01:09:20.200 --> 01:09:22.200]  I've heard of earlier on your show
[01:09:22.200 --> 01:09:24.200]  That's what got me started
[01:09:24.200 --> 01:09:26.200]  In learning law and research in law
[01:09:26.200 --> 01:09:28.200]  In Georgia's 40-6-10
[01:09:28.200 --> 01:09:30.200]  And they impound your vehicle
[01:09:30.200 --> 01:09:32.200]  Even if you're on private property
[01:09:32.200 --> 01:09:34.200]  And put you in jail for driving without insurance
[01:09:34.200 --> 01:09:36.200]  Just solely on the basis of you not having
[01:09:36.200 --> 01:09:38.200]  An insurance card on you
[01:09:38.200 --> 01:09:40.200]  Doesn't mean you don't have insurance
[01:09:40.200 --> 01:09:42.200]  The burden of proof is on the accuser
[01:09:42.200 --> 01:09:44.200]  And I try to explain that to police officers
[01:09:44.200 --> 01:09:46.200]  Well I actually won one
[01:09:46.200 --> 01:09:48.200]  In LaGrange where I didn't have
[01:09:48.200 --> 01:09:50.200]  Proof of insurance and they just let me go
[01:09:50.200 --> 01:09:52.200]  Because I told them that I'd sue the police
[01:09:52.200 --> 01:09:54.200]  Officer personally if he impounded
[01:09:54.200 --> 01:09:56.200]  My vehicle and put me in jail
[01:09:56.200 --> 01:09:58.200]  And he ended up letting me go and just gave me a ticket
[01:09:58.200 --> 01:10:00.200]  For a citation for
[01:10:00.200 --> 01:10:02.200]  No proof of insurance
[01:10:02.200 --> 01:10:04.200]  Which I ended up winning that one
[01:10:04.200 --> 01:10:06.200]  Because I did have it
[01:10:06.200 --> 01:10:08.200]  Good, well keep this up
[01:10:08.200 --> 01:10:10.200]  This is why we do the show
[01:10:10.200 --> 01:10:12.200]  Is to get more people out there going after them
[01:10:12.200 --> 01:10:14.200]  And it's my strategy
[01:10:14.200 --> 01:10:16.200]  That when I
[01:10:16.200 --> 01:10:18.200]  Prepare the first criminal complaint
[01:10:18.200 --> 01:10:20.200]  I kind of hope they don't
[01:10:20.200 --> 01:10:22.200]  Take it
[01:10:22.200 --> 01:10:24.200]  Because the first guy I file against is not the one I want
[01:10:24.200 --> 01:10:26.200]  I want the highest
[01:10:26.200 --> 01:10:28.200]  Guy around
[01:10:28.200 --> 01:10:30.200]  I want everybody to refuse to take my
[01:10:30.200 --> 01:10:32.200]  Complaints so I can walk my way up
[01:10:32.200 --> 01:10:34.200]  And then when I get to the district
[01:10:34.200 --> 01:10:36.200]  Judge then it gets more interesting
[01:10:36.200 --> 01:10:38.200]  Thank you
[01:10:38.200 --> 01:10:40.200]  Very much we need to move along
[01:10:40.200 --> 01:10:42.200]  We got
[01:10:42.200 --> 01:10:44.200]  Ken from
[01:10:44.200 --> 01:10:46.200]  Going to go back into
[01:10:46.200 --> 01:10:48.200]  Civil procedure and
[01:10:48.200 --> 01:10:50.200]  I guess
[01:10:50.200 --> 01:10:52.200]  More kind of guerilla tactics of how to deal
[01:10:52.200 --> 01:10:54.200]  With the courts
[01:10:54.200 --> 01:10:56.200]  Ken you want to pick it up?
[01:10:56.200 --> 01:10:58.200]  Yeah we're going to
[01:10:58.200 --> 01:11:00.200]  First we're going to reiterate for some of the people
[01:11:00.200 --> 01:11:02.200]  Who missed the first episode
[01:11:02.200 --> 01:11:04.200]  Which was about
[01:11:04.200 --> 01:11:06.200]  Getting the law, getting the rules
[01:11:06.200 --> 01:11:08.200]  Finding out which court you're in
[01:11:08.200 --> 01:11:10.200]  You need absolutely
[01:11:10.200 --> 01:11:12.200]  To get a copy of the rule books
[01:11:12.200 --> 01:11:14.200]  To refuse them and read them
[01:11:14.200 --> 01:11:16.200]  And not just the rules in the beginning
[01:11:16.200 --> 01:11:18.200]  You need to read through the whole process
[01:11:18.200 --> 01:11:20.200]  So you understand what applies to your
[01:11:20.200 --> 01:11:22.200]  Potential case and it's an
[01:11:22.200 --> 01:11:24.200]  Impossibility under these
[01:11:24.200 --> 01:11:26.200]  Circumstances in a general discussion
[01:11:26.200 --> 01:11:28.200]  To anticipate every possible
[01:11:28.200 --> 01:11:30.200]  You know
[01:11:30.200 --> 01:11:32.200]  Fork in the road that might occur in a legal process
[01:11:32.200 --> 01:11:34.200]  But the flat out bottom
[01:11:34.200 --> 01:11:36.200]  Line you need to read the rules
[01:11:36.200 --> 01:11:38.200]  You need to understand the court
[01:11:38.200 --> 01:11:40.200]  That you're in and understand what options
[01:11:40.200 --> 01:11:42.200]  You have available
[01:11:42.200 --> 01:11:44.200]  Greg had just talked about
[01:11:44.200 --> 01:11:46.200]  Essentially a criminal
[01:11:46.200 --> 01:11:48.200]  Process in Alabama where
[01:11:48.200 --> 01:11:50.200]  Essentially pleading
[01:11:50.200 --> 01:11:52.200]  No contest got you to a
[01:11:52.200 --> 01:11:54.200]  Court of record which had a jury trial
[01:11:54.200 --> 01:11:56.200]  Availability and essentially
[01:11:56.200 --> 01:11:58.200]  The system from the
[01:11:58.200 --> 01:12:00.200]  Prosecutorial perspective
[01:12:00.200 --> 01:12:02.200]  Fell apart because they didn't know what to do
[01:12:02.200 --> 01:12:04.200]  About it and he wins the cases
[01:12:04.200 --> 01:12:06.200]  By default
[01:12:06.200 --> 01:12:08.200]  In Texas back before they
[01:12:08.200 --> 01:12:10.200]  Enacted the so called
[01:12:10.200 --> 01:12:12.200]  Courts of record, municipal courts of record
[01:12:12.200 --> 01:12:14.200]  That was the same strategy
[01:12:14.200 --> 01:12:16.200]  You could walk into a
[01:12:16.200 --> 01:12:18.200]  Non-court of record in a municipality
[01:12:18.200 --> 01:12:20.200]  Plead no contest
[01:12:20.200 --> 01:12:22.200]  File surety paperwork
[01:12:22.200 --> 01:12:24.200]  And then the
[01:12:24.200 --> 01:12:26.200]  Appellate court in this case
[01:12:26.200 --> 01:12:28.200]  Is the court
[01:12:28.200 --> 01:12:30.200]  The county court
[01:12:30.200 --> 01:12:32.200]  And the county court almost never had time
[01:12:32.200 --> 01:12:34.200]  To deal with this they were busy with
[01:12:34.200 --> 01:12:36.200]  Real cases not these
[01:12:36.200 --> 01:12:38.200]  Nickel and dime traffic cases out of
[01:12:38.200 --> 01:12:40.200]  Some municipality
[01:12:40.200 --> 01:12:42.200]  So after nothing happened in six months
[01:12:42.200 --> 01:12:44.200]  You filed some sort of motion
[01:12:44.200 --> 01:12:46.200]  Dismissed for want of prosecution
[01:12:46.200 --> 01:12:48.200]  The other party wouldn't answer and the judge
[01:12:48.200 --> 01:12:50.200]  Would just dismiss it
[01:12:50.200 --> 01:12:52.200]  Matter of fact the first time I heard about this process
[01:12:52.200 --> 01:12:54.200]  The judge of the county court
[01:12:54.200 --> 01:12:56.200]  Told me how to do it
[01:12:56.200 --> 01:12:58.200]  So
[01:12:58.200 --> 01:13:00.200]  That just serves as an example
[01:13:00.200 --> 01:13:02.200]  There are some good guys out there
[01:13:02.200 --> 01:13:04.200]  Where the robes
[01:13:04.200 --> 01:13:06.200]  Sit in front of the courts
[01:13:06.200 --> 01:13:08.200]  And there's some good attorneys
[01:13:08.200 --> 01:13:10.200]  The biggest problem the public has
[01:13:10.200 --> 01:13:12.200]  Is determining which ones are honest
[01:13:12.200 --> 01:13:14.200]  And
[01:13:14.200 --> 01:13:16.200]  Forthright with
[01:13:16.200 --> 01:13:18.200]  Their process and which ones
[01:13:18.200 --> 01:13:20.200]  Aren't
[01:13:20.200 --> 01:13:22.200]  And that's
[01:13:22.200 --> 01:13:24.200]  A million dollar question right there
[01:13:24.200 --> 01:13:26.200]  They don't have it tattooed on their forehead
[01:13:26.200 --> 01:13:28.200]  Boy that would be nice
[01:13:28.200 --> 01:13:30.200]  So
[01:13:30.200 --> 01:13:32.200]  The second issue we went over the big issue was
[01:13:32.200 --> 01:13:34.200]  My four rules
[01:13:34.200 --> 01:13:36.200]  And you know my brothers accused me of being
[01:13:36.200 --> 01:13:38.200]  Arrogant about calling them Ken's rules
[01:13:38.200 --> 01:13:40.200]  But there's just four rules that I've come up with
[01:13:40.200 --> 01:13:42.200]  Over the course of time
[01:13:42.200 --> 01:13:44.200]  Which just happen to apply to life
[01:13:44.200 --> 01:13:46.200]  But it also applies to court proceedings fairly well
[01:13:46.200 --> 01:13:48.200]  Number one is perception is everything
[01:13:48.200 --> 01:13:50.200]  Meaning that the more
[01:13:50.200 --> 01:13:52.200]  Professional you're perceived by the court
[01:13:52.200 --> 01:13:54.200]  The court administrators
[01:13:54.200 --> 01:13:56.200]  The more likely you're not going to be
[01:13:56.200 --> 01:13:58.200]  Danked around
[01:13:58.200 --> 01:14:02.200]  Number two rule
[01:14:02.200 --> 01:14:04.200]  Everything's negotiable
[01:14:04.200 --> 01:14:06.200]  Sometimes making a deal is worth it
[01:14:06.200 --> 01:14:08.200]  Especially if you're really guilty
[01:14:08.200 --> 01:14:10.200]  You've really done something wrong
[01:14:10.200 --> 01:14:12.200]  And you know you've done something wrong
[01:14:12.200 --> 01:14:14.200]  And they offer you a good deal
[01:14:14.200 --> 01:14:16.200]  Sometimes a deal is worth it
[01:14:16.200 --> 01:14:18.200]  But when you're innocent trying to make a deal
[01:14:18.200 --> 01:14:20.200]  Is almost never going to end up
[01:14:20.200 --> 01:14:22.200]  Savorable to the party
[01:14:22.200 --> 01:14:24.200]  That's accused
[01:14:24.200 --> 01:14:26.200]  Number three rule is document everything
[01:14:26.200 --> 01:14:28.200]  Now we heard a caller
[01:14:28.200 --> 01:14:30.200]  Just a minute ago talk about tape recordings
[01:14:30.200 --> 01:14:32.200]  And I try to tell people
[01:14:32.200 --> 01:14:34.200]  Don't do tape recordings if you can avoid it
[01:14:34.200 --> 01:14:36.200]  But if you do tape recordings
[01:14:36.200 --> 01:14:38.200]  You really need to transcribe those
[01:14:38.200 --> 01:14:40.200]  Tapes afterwards
[01:14:40.200 --> 01:14:42.200]  And reduce it to a written affidavit
[01:14:42.200 --> 01:14:44.200]  Now to remind everybody
[01:14:44.200 --> 01:14:46.200]  What an affidavit is
[01:14:46.200 --> 01:14:48.200]  Each state's format is going to be a little different
[01:14:48.200 --> 01:14:50.200]  But it's generally
[01:14:50.200 --> 01:14:52.200]  Going to be titled affidavit at the top
[01:14:52.200 --> 01:14:54.200]  It's generally going to have
[01:14:54.200 --> 01:14:56.200]  The county in which the affidavit
[01:14:56.200 --> 01:14:58.200]  Was made and the state
[01:14:58.200 --> 01:15:00.200]  Usually up in the upper left hand corner
[01:15:00.200 --> 01:15:02.200]  Somewhere
[01:15:02.200 --> 01:15:04.200]  There's various formats where they put it all
[01:15:04.200 --> 01:15:06.200]  In uppercase and they put fancy
[01:15:06.200 --> 01:15:08.200]  Section marks or
[01:15:08.200 --> 01:15:10.200]  Tarrants there or whatever
[01:15:10.200 --> 01:15:12.200]  And then it says
[01:15:12.200 --> 01:15:14.200]  Personally known to me
[01:15:14.200 --> 01:15:16.200]  And then it's I, the person making the affidavit
[01:15:16.200 --> 01:15:18.200]  You know, John Q. Smith
[01:15:18.200 --> 01:15:20.200]  Having
[01:15:20.200 --> 01:15:22.200]  Being of age to make this
[01:15:22.200 --> 01:15:24.200]  Affidavit, whatever that age is in that
[01:15:24.200 --> 01:15:26.200]  State, I believe all the states now
[01:15:26.200 --> 01:15:28.200]  Accept 18 years old
[01:15:30.200 --> 01:15:32.200]  Having personal knowledge of the facts
[01:15:32.200 --> 01:15:34.200]  Before me, hereby declare
[01:15:34.200 --> 01:15:36.200]  And then you indicate
[01:15:36.200 --> 01:15:38.200]  What you declare
[01:15:38.200 --> 01:15:40.200]  And with an example of a tape recording
[01:15:40.200 --> 01:15:42.200]  It would be something to the effect on
[01:15:42.200 --> 01:15:44.200]  This state, this time, this place
[01:15:44.200 --> 01:15:46.200]  I appeared at
[01:15:46.200 --> 01:15:48.200]  Court number, da da da da da
[01:15:48.200 --> 01:15:50.200]  And talked to clerk
[01:15:50.200 --> 01:15:52.200]  Ms. Jones, Ms. Jones informed me
[01:15:52.200 --> 01:15:54.200]  Da da da da da da
[01:15:54.200 --> 01:15:56.200]  And you go and tell the story
[01:15:56.200 --> 01:15:58.200]  You don't have to tell all the details
[01:15:58.200 --> 01:16:00.200]  And it doesn't have to be verbatim
[01:16:00.200 --> 01:16:02.200]  It just has to cover the facts
[01:16:02.200 --> 01:16:04.200]  And at the end of it
[01:16:04.200 --> 01:16:06.200]  Once you've typed it all out
[01:16:06.200 --> 01:16:08.200]  At the end of it, it says
[01:16:08.200 --> 01:16:10.200]  I acknowledge or swear
[01:16:10.200 --> 01:16:12.200]  The facts contained herein in this affidavit
[01:16:12.200 --> 01:16:14.200]  Are true into my own personal knowledge
[01:16:14.200 --> 01:16:16.200]  And I acknowledged both before
[01:16:16.200 --> 01:16:18.200]  And there's a notary
[01:16:18.200 --> 01:16:20.200]  Place for a notary signature
[01:16:20.200 --> 01:16:22.200]  And that's called the jurat at the bottom
[01:16:22.200 --> 01:16:24.200]  It has a date and a time and usually
[01:16:24.200 --> 01:16:26.200]  An expiration
[01:16:26.200 --> 01:16:28.200]  Date for the
[01:16:28.200 --> 01:16:30.200]  Notary
[01:16:30.200 --> 01:16:32.200]  And that's basically it
[01:16:32.200 --> 01:16:34.200]  Now I tell everybody, when you're doing multiple page documents
[01:16:34.200 --> 01:16:36.200]  Always
[01:16:36.200 --> 01:16:38.200]  Put down at the bottom of the page
[01:16:38.200 --> 01:16:40.200]  Page X of Y
[01:16:40.200 --> 01:16:42.200]  Just to be sure everybody understands
[01:16:42.200 --> 01:16:44.200]  X of Y
[01:16:44.200 --> 01:16:46.200]  That means if it's a three page document
[01:16:46.200 --> 01:16:48.200]  Page one at the bottom says one of three
[01:16:48.200 --> 01:16:50.200]  Two of three
[01:16:50.200 --> 01:16:52.200]  Three of three
[01:16:52.200 --> 01:16:54.200]  So that nobody can remove a page out of the document
[01:16:54.200 --> 01:16:56.200]  Without it being clear
[01:16:56.200 --> 01:16:58.200]  That some page is removed
[01:16:58.200 --> 01:17:00.200]  Or altered
[01:17:00.200 --> 01:17:02.200]  We have seen documents go missing
[01:17:02.200 --> 01:17:04.200]  One page in the middle
[01:17:04.200 --> 01:17:06.200]  One specific exhibit disappears
[01:17:06.200 --> 01:17:08.200]  Yep
[01:17:08.200 --> 01:17:10.200]  Page one of the exhibits was there
[01:17:10.200 --> 01:17:12.200]  Page five of the exhibits were there
[01:17:12.200 --> 01:17:14.200]  But the pages in between
[01:17:14.200 --> 01:17:16.200]  Which were really the salient parts of the exhibit
[01:17:16.200 --> 01:17:18.200]  Suddenly disappear
[01:17:18.200 --> 01:17:20.200]  And it's not obvious until you're walking through the document
[01:17:20.200 --> 01:17:22.200]  Trying to make your point in open court
[01:17:22.200 --> 01:17:24.200]  When you suddenly see that your documents have been altered
[01:17:24.200 --> 01:17:26.200]  Or the judge says
[01:17:26.200 --> 01:17:28.200]  Well, you know, I don't have those here
[01:17:28.200 --> 01:17:30.200]  What's going on?
[01:17:30.200 --> 01:17:32.200]  And you approach the bench
[01:17:32.200 --> 01:17:34.200]  And you show the judge what you have
[01:17:34.200 --> 01:17:36.200]  Then the argument comes over whether or not
[01:17:36.200 --> 01:17:38.200]  They were ever submitted
[01:17:38.200 --> 01:17:40.200]  Then you get into the
[01:17:40.200 --> 01:17:42.200]  Process of having to correct
[01:17:42.200 --> 01:17:44.200]  Errors in documents
[01:17:44.200 --> 01:17:46.200]  Did you actually leave them out?
[01:17:46.200 --> 01:17:48.200]  Or did somebody pull them out?
[01:17:48.200 --> 01:17:50.200]  You never know
[01:17:50.200 --> 01:17:52.200]  Unless you're real careful
[01:17:52.200 --> 01:17:54.200]  Okay, I'll take a deep breath
[01:17:54.200 --> 01:17:56.200]  For a second and see if there's any questions
[01:17:56.200 --> 01:17:58.200]  Or comments
[01:17:58.200 --> 01:18:00.200]  Anybody out there?
[01:18:00.200 --> 01:18:02.200]  Still here
[01:18:02.200 --> 01:18:04.200]  We're listening
[01:18:04.200 --> 01:18:06.200]  We're listening
[01:18:06.200 --> 01:18:08.200]  We're just, we're enthralled
[01:18:08.200 --> 01:18:10.200]  Yeah
[01:18:10.200 --> 01:18:12.200]  If I don't get feedback every now and then
[01:18:12.200 --> 01:18:14.200]  I think the phone line goes dead
[01:18:14.200 --> 01:18:16.200]  Well, well, well
[01:18:16.200 --> 01:18:18.200]  Okay, we turn the phone lines off
[01:18:18.200 --> 01:18:20.200]  Because we wanted to hear
[01:18:20.200 --> 01:18:22.200]  Your presentation, professor
[01:18:22.200 --> 01:18:24.200]  And Debra
[01:18:24.200 --> 01:18:26.200]  Produces such a good show
[01:18:26.200 --> 01:18:28.200]  In any event
[01:18:28.200 --> 01:18:30.200]  That
[01:18:30.200 --> 01:18:32.200]  That discusses the idea of documentation
[01:18:32.200 --> 01:18:34.200]  But the fourth rule
[01:18:34.200 --> 01:18:36.200]  Is everything is political
[01:18:36.200 --> 01:18:38.200]  And I tell people, even though it may not be
[01:18:38.200 --> 01:18:40.200]  Important up front
[01:18:40.200 --> 01:18:42.200]  It means something you need to do
[01:18:42.200 --> 01:18:44.200]  Is look at the political persuasion
[01:18:44.200 --> 01:18:46.200]  Of the people involved
[01:18:46.200 --> 01:18:48.200]  If you're in a courthouse that happens to be full of Democrats
[01:18:48.200 --> 01:18:50.200]  And
[01:18:50.200 --> 01:18:52.200]  These judges are acting
[01:18:52.200 --> 01:18:54.200]  Irresponsibly
[01:18:54.200 --> 01:18:56.200]  And there's a democratic appellate court
[01:18:56.200 --> 01:18:58.200]  Chances are
[01:18:58.200 --> 01:19:00.200]  Such, you're not going to sway many
[01:19:00.200 --> 01:19:02.200]  Opinions in the appellate court
[01:19:02.200 --> 01:19:04.200]  That the democratic judges
[01:19:04.200 --> 01:19:06.200]  Their brethren down in the lower court
[01:19:06.200 --> 01:19:08.200]  Did anything wrong
[01:19:08.200 --> 01:19:10.200]  You need to recognize if the political
[01:19:10.200 --> 01:19:12.200]  Power is shifting
[01:19:12.200 --> 01:19:14.200]  Oh, they used to be all Democrats
[01:19:14.200 --> 01:19:16.200]  But now there's some Republicans
[01:19:16.200 --> 01:19:18.200]  Or vice versa
[01:19:18.200 --> 01:19:20.200]  You need to recognize that
[01:19:20.200 --> 01:19:22.200]  On occasion you may have a bad judge
[01:19:22.200 --> 01:19:24.200]  Of one particular persuasion
[01:19:24.200 --> 01:19:26.200]  And the entire appellate court
[01:19:26.200 --> 01:19:28.200]  Is in that situation
[01:19:28.200 --> 01:19:30.200]  That's what I call the perfect storm
[01:19:30.200 --> 01:19:32.200]  That's the opportunity to win on appeal
[01:19:32.200 --> 01:19:34.200]  Because the trial court judge
[01:19:34.200 --> 01:19:36.200]  Is probably not politically liked
[01:19:36.200 --> 01:19:38.200]  By the appellate court judge
[01:19:38.200 --> 01:19:40.200]  Uh
[01:19:40.200 --> 01:19:42.200]  You need to be aware of these things
[01:19:42.200 --> 01:19:44.200]  Because you can play to political
[01:19:44.200 --> 01:19:46.200]  Prejudices
[01:19:46.200 --> 01:19:48.200]  If that's available to you
[01:19:48.200 --> 01:19:50.200]  And how you write your pleadings
[01:19:50.200 --> 01:19:52.200]  At the trial court
[01:19:52.200 --> 01:19:54.200]  But that gets into more detailed language processes
[01:19:54.200 --> 01:19:56.200]  That we'll discuss later
[01:19:56.200 --> 01:19:58.200]  Okay, so we've addressed the rules
[01:19:58.200 --> 01:20:00.200]  And what's impossible
[01:20:00.200 --> 01:20:02.200]  For me to do is sit here
[01:20:02.200 --> 01:20:04.200]  Even if we did 20 of these
[01:20:04.200 --> 01:20:06.200]  And address all the possible
[01:20:06.200 --> 01:20:08.200]  Causes of action
[01:20:08.200 --> 01:20:10.200]  What I can give you is the basic process
[01:20:10.200 --> 01:20:12.200]  That's going to come down the pike
[01:20:12.200 --> 01:20:14.200]  No matter what it is that you go into
[01:20:14.200 --> 01:20:16.200]  And we're going to take, for example, civil court
[01:20:16.200 --> 01:20:18.200]  To begin with
[01:20:18.200 --> 01:20:20.200]  If you're a descendant, you're kind of at a disadvantage
[01:20:20.200 --> 01:20:22.200]  Because generally you get served with suits
[01:20:22.200 --> 01:20:24.200]  And you have a certain period of time
[01:20:24.200 --> 01:20:26.200]  To answer
[01:20:26.200 --> 01:20:28.200]  Pay attention to those deadlines
[01:20:28.200 --> 01:20:30.200]  Absolutely pay attention to the deadlines
[01:20:30.200 --> 01:20:32.200]  Pay attention to
[01:20:32.200 --> 01:20:34.200]  The requirements for service
[01:20:34.200 --> 01:20:36.200]  And serving notice on other parties
[01:20:36.200 --> 01:20:38.200]  Now let's back up for a second
[01:20:38.200 --> 01:20:40.200]  Just look at a general process
[01:20:40.200 --> 01:20:42.200]  Of courts
[01:20:42.200 --> 01:20:44.200]  The whole idea is what a court is supposed
[01:20:44.200 --> 01:20:46.200]  To be about
[01:20:46.200 --> 01:20:48.200]  Is we're both parties
[01:20:48.200 --> 01:20:50.200]  Through proper notice
[01:20:50.200 --> 01:20:52.200]  Through proper preparation
[01:20:52.200 --> 01:20:54.200]  Come in there and present their argument
[01:20:54.200 --> 01:20:56.200]  To an impartial
[01:20:56.200 --> 01:20:58.200]  Jurist
[01:20:58.200 --> 01:21:00.200]  And in some cases if it's a full blown trial
[01:21:00.200 --> 01:21:02.200]  That might be in front of a jury
[01:21:02.200 --> 01:21:04.200]  The goal is not
[01:21:04.200 --> 01:21:06.200]  Trial by ambush
[01:21:06.200 --> 01:21:08.200]  Which means both parties are supposed to send
[01:21:08.200 --> 01:21:10.200]  And are required in almost every jurisdiction
[01:21:10.200 --> 01:21:12.200]  Out there to send notice to the other party
[01:21:12.200 --> 01:21:14.200]  As to what they're doing
[01:21:14.200 --> 01:21:16.200]  So if you have a motion you're going to file
[01:21:16.200 --> 01:21:18.200]  Or an answer to a pleading
[01:21:18.200 --> 01:21:20.200]  You have to send it
[01:21:20.200 --> 01:21:22.200]  To the other parties involved
[01:21:22.200 --> 01:21:24.200]  One copy has to go to the court
[01:21:24.200 --> 01:21:26.200]  In some jurisdictions they may require
[01:21:26.200 --> 01:21:28.200]  Two copies
[01:21:28.200 --> 01:21:30.200]  The court may actually create a master file
[01:21:30.200 --> 01:21:32.200]  And they may create a working file
[01:21:32.200 --> 01:21:34.200]  You don't get to see the master file
[01:21:34.200 --> 01:21:36.200]  The master file is the one that they compare
[01:21:36.200 --> 01:21:38.200]  When you say there's three exhibits missing
[01:21:38.200 --> 01:21:40.200]  And now the judge pulls out the master file
[01:21:40.200 --> 01:21:42.200]  And says by god yes there is
[01:21:42.200 --> 01:21:44.200]  There's three exhibits missing
[01:21:44.200 --> 01:21:46.200]  So somebody is tampering with the record
[01:21:46.200 --> 01:21:48.200]  That's a good thing
[01:21:48.200 --> 01:21:50.200]  Federal courts generally do a master file
[01:21:50.200 --> 01:21:52.200]  Wait wait wait
[01:21:52.200 --> 01:21:54.200]  Hold on Ken
[01:21:54.200 --> 01:21:56.200]  Why don't
[01:21:56.200 --> 01:21:58.200]  Why don't individuals
[01:21:58.200 --> 01:22:00.200]  Or parties to
[01:22:00.200 --> 01:22:02.200]  The suit get to see
[01:22:02.200 --> 01:22:04.200]  The master file
[01:22:04.200 --> 01:22:06.200]  It seems like
[01:22:06.200 --> 01:22:08.200]  Each side should
[01:22:08.200 --> 01:22:10.200]  Get to see the master file
[01:22:10.200 --> 01:22:12.200]  Because that is the suit
[01:22:12.200 --> 01:22:14.200]  Right?
[01:22:14.200 --> 01:22:16.200]  You get a working file
[01:22:16.200 --> 01:22:18.200]  And only when you file something
[01:22:18.200 --> 01:22:20.200]  Because you've got the actual document
[01:22:20.200 --> 01:22:22.200]  You've received copies of everything anyway
[01:22:22.200 --> 01:22:24.200]  When there's a difference between
[01:22:24.200 --> 01:22:26.200]  What you have in hand
[01:22:26.200 --> 01:22:28.200]  And the working file
[01:22:28.200 --> 01:22:30.200]  There can be some sort of complaint
[01:22:30.200 --> 01:22:32.200]  Lodged with the judge
[01:22:32.200 --> 01:22:34.200]  In order to have that judge
[01:22:34.200 --> 01:22:36.200]  Pull the master file out
[01:22:36.200 --> 01:22:38.200]  The problem with files
[01:22:38.200 --> 01:22:40.200]  Why they usually go astray
[01:22:40.200 --> 01:22:42.200]  Is the copying process that attorneys
[01:22:42.200 --> 01:22:44.200]  Have to file
[01:22:44.200 --> 01:22:46.200]  Most state courts in Texas
[01:22:46.200 --> 01:22:48.200]  Only have one file
[01:22:48.200 --> 01:22:50.200]  So if it gets handed to an attorney
[01:22:50.200 --> 01:22:52.200]  Or a paralegal
[01:22:52.200 --> 01:22:54.200]  And that person only works for the law firm
[01:22:54.200 --> 01:22:56.200]  For a week and goes down to the copying machine
[01:22:56.200 --> 01:22:58.200]  And starts making copies
[01:22:58.200 --> 01:23:00.200]  Maybe they lose a copy
[01:23:00.200 --> 01:23:02.200]  Maybe three pages get stuck in the copying machine
[01:23:02.200 --> 01:23:04.200]  But they put the file back together
[01:23:04.200 --> 01:23:06.200]  And hand it back to the clerk
[01:23:06.200 --> 01:23:08.200]  And the clerk is oblivious to the fact
[01:23:08.200 --> 01:23:10.200]  That there's any documents missing
[01:23:10.200 --> 01:23:12.200]  I've seen it happen
[01:23:12.200 --> 01:23:14.200]  I have been in a copy room
[01:23:14.200 --> 01:23:16.200]  Copying documents and I found
[01:23:16.200 --> 01:23:18.200]  Documents stuck in the machine
[01:23:18.200 --> 01:23:20.200]  From somebody else that had just used it
[01:23:20.200 --> 01:23:22.200]  And I pulled those out
[01:23:22.200 --> 01:23:24.200]  Call it to their attention and they go in and go
[01:23:24.200 --> 01:23:26.200]  Oh well thank you and they put the documents
[01:23:26.200 --> 01:23:28.200]  Back in the file
[01:23:28.200 --> 01:23:30.200]  But sometimes these documents go missing
[01:23:30.200 --> 01:23:32.200]  For nefarious reasons
[01:23:32.200 --> 01:23:34.200]  And you have to be aware that that can happen
[01:23:34.200 --> 01:23:36.200]  Don't assume just because the document
[01:23:36.200 --> 01:23:38.200]  Is missing that it was nefarious
[01:23:38.200 --> 01:23:40.200]  Yeah well get your facts together
[01:23:40.200 --> 01:23:42.200]  And then look at it
[01:23:42.200 --> 01:23:44.200]  If the opposing party has no objections
[01:23:44.200 --> 01:23:46.200]  To the correction of the record
[01:23:46.200 --> 01:23:48.200]  Showing that the file that's in the hands of the court
[01:23:48.200 --> 01:23:50.200]  Is obviously incorrect
[01:23:50.200 --> 01:23:52.200]  Because the copy they have
[01:23:52.200 --> 01:23:54.200]  That you mailed to the opposing party
[01:23:54.200 --> 01:23:56.200]  Contains the three exhibits
[01:23:56.200 --> 01:23:58.200]  The copy you have
[01:23:58.200 --> 01:24:00.200]  Contains the three exhibits
[01:24:00.200 --> 01:24:02.200]  Then there shouldn't be any objection
[01:24:02.200 --> 01:24:04.200]  When the other side objects saying
[01:24:04.200 --> 01:24:06.200]  Oh no no we don't know what they filed
[01:24:06.200 --> 01:24:08.200]  They should be a little suspicious
[01:24:08.200 --> 01:24:10.200]  That they had something to do with those files missing
[01:24:10.200 --> 01:24:12.200]  But without actual proof
[01:24:12.200 --> 01:24:14.200]  Photographs of them removing the file
[01:24:14.200 --> 01:24:16.200]  There's almost nothing you can do
[01:24:18.200 --> 01:24:20.200]  So Ken
[01:24:20.200 --> 01:24:22.200]  What would be proof
[01:24:22.200 --> 01:24:24.200]  Like
[01:24:24.200 --> 01:24:26.200]  Would someone need to go
[01:24:26.200 --> 01:24:28.200]  Down to the courthouse like every other day
[01:24:28.200 --> 01:24:30.200]  To check the file
[01:24:30.200 --> 01:24:32.200]  And the file stamps
[01:24:32.200 --> 01:24:34.200]  Of the clerk
[01:24:34.200 --> 01:24:36.200]  Yes enough
[01:24:36.200 --> 01:24:38.200]  Ok
[01:24:38.200 --> 01:24:40.200]  That's the right perspective
[01:24:40.200 --> 01:24:42.200]  Generally things don't happen every week
[01:24:42.200 --> 01:24:44.200]  Generally things
[01:24:44.200 --> 01:24:46.200]  Happen in
[01:24:46.200 --> 01:24:48.200]  Fits of starts and stops
[01:24:48.200 --> 01:24:50.200]  When something important is about to come up
[01:24:50.200 --> 01:24:52.200]  Like some sort of hearing
[01:24:52.200 --> 01:24:54.200]  That you've scheduled on a major issue
[01:24:54.200 --> 01:24:56.200]  And there are documents in the file
[01:24:56.200 --> 01:24:58.200]  That you're going to refer to
[01:24:58.200 --> 01:25:00.200]  It probably would behoove you
[01:25:00.200 --> 01:25:02.200]  To go down there the week before
[01:25:02.200 --> 01:25:04.200]  So at least you have a few days
[01:25:04.200 --> 01:25:06.200]  To correct any problem
[01:25:06.200 --> 01:25:08.200]  The issue with file
[01:25:08.200 --> 01:25:10.200]  Stamps is yes pay attention to the dates
[01:25:10.200 --> 01:25:12.200]  Of the file stamps now recognize what can happen
[01:25:12.200 --> 01:25:14.200]  With file stamp dates real quickly
[01:25:14.200 --> 01:25:16.200]  It documents frequently
[01:25:16.200 --> 01:25:18.200]  In courts and as far as I'm aware
[01:25:18.200 --> 01:25:20.200]  And check your jurisdiction
[01:25:20.200 --> 01:25:22.200]  To make sure you're right
[01:25:22.200 --> 01:25:24.200]  But most courts accept
[01:25:24.200 --> 01:25:26.200]  That if something is due to be filed
[01:25:26.200 --> 01:25:28.200]  In the court on that day
[01:25:28.200 --> 01:25:30.200]  If it carries a post
[01:25:30.200 --> 01:25:32.200]  Before midnight of that date
[01:25:32.200 --> 01:25:34.200]  It's filed on time
[01:25:34.200 --> 01:25:36.200]  Meaning it was mailed at a US postal
[01:25:36.200 --> 01:25:38.200]  Facility and it was mailed
[01:25:38.200 --> 01:25:40.200]  On the date it was due
[01:25:40.200 --> 01:25:42.200]  It's considered on time
[01:25:42.200 --> 01:25:44.200]  But you know the clerk of the court is not going to get it
[01:25:44.200 --> 01:25:46.200]  For two or three or four days
[01:25:46.200 --> 01:25:48.200]  Which means the file stamp on it is going to reflect
[01:25:48.200 --> 01:25:50.200]  Four days later
[01:25:50.200 --> 01:25:52.200]  Now I've actually seen attorneys attempt to make hay
[01:25:52.200 --> 01:25:54.200]  Out of that
[01:25:54.200 --> 01:25:56.200]  And you have to argue about it being filed on time
[01:25:56.200 --> 01:25:58.200]  But that gets into the pleading
[01:25:58.200 --> 01:26:00.200]  Practices which is
[01:26:00.200 --> 01:26:02.200]  When you file a motion
[01:26:02.200 --> 01:26:04.200]  Or an answer to a motion
[01:26:04.200 --> 01:26:06.200]  Is due on a particular date
[01:26:06.200 --> 01:26:08.200]  You always plead that you filed it on time
[01:26:08.200 --> 01:26:10.200]  Indicating how you filed it
[01:26:10.200 --> 01:26:12.200]  I filed it by mail according to the mail rule
[01:26:12.200 --> 01:26:14.200]  That allows me to file it
[01:26:14.200 --> 01:26:16.200]  At this date and this time
[01:26:16.200 --> 01:26:18.200]  And it's deemed on time
[01:26:18.200 --> 01:26:20.200]  When that's been in a pleading
[01:26:20.200 --> 01:26:22.200]  I've never seen an attorney
[01:26:22.200 --> 01:26:24.200]  To this point in time ever contest
[01:26:24.200 --> 01:26:26.200]  Because it was on time
[01:26:26.200 --> 01:26:28.200]  But recognize that file stamps can go
[01:26:28.200 --> 01:26:30.200]  You know kind of weird
[01:26:30.200 --> 01:26:32.200]  What would be really strange is that
[01:26:32.200 --> 01:26:34.200]  The opposing side said they filed something
[01:26:34.200 --> 01:26:36.200]  Which they never sent you
[01:26:36.200 --> 01:26:38.200]  And suddenly it appears in the
[01:26:38.200 --> 01:26:40.200]  Docket
[01:26:40.200 --> 01:26:42.200]  It appears in the file
[01:26:42.200 --> 01:26:44.200]  In the courthouse
[01:26:44.200 --> 01:26:46.200]  Because somebody inserted it into the record
[01:26:46.200 --> 01:26:48.200]  Yet you don't have a copy of it
[01:26:48.200 --> 01:26:50.200]  And the file stamp date on it
[01:26:50.200 --> 01:26:52.200]  Is say a Saturday or a Sunday
[01:26:52.200 --> 01:26:54.200]  Or a legal holiday
[01:26:54.200 --> 01:26:56.200]  That would be fishy
[01:26:56.200 --> 01:26:58.200]  I would object to that saying no
[01:26:58.200 --> 01:27:00.200]  They never answered it, they never sent a copy
[01:27:00.200 --> 01:27:02.200]  And the whole issue of
[01:27:02.200 --> 01:27:04.200]  Sending copies to other people
[01:27:04.200 --> 01:27:06.200]  Gets into the issue of certificates
[01:27:06.200 --> 01:27:08.200]  Of service
[01:27:08.200 --> 01:27:10.200]  And certificates of conference
[01:27:10.200 --> 01:27:12.200]  So when you send something
[01:27:12.200 --> 01:27:14.200]  To some other party
[01:27:14.200 --> 01:27:16.200]  In the case
[01:27:16.200 --> 01:27:18.200]  Whether it be an answer to your original pleadings
[01:27:18.200 --> 01:27:20.200]  Or motions
[01:27:20.200 --> 01:27:22.200]  You always put a certificate
[01:27:22.200 --> 01:27:24.200]  Of service on the bottom
[01:27:24.200 --> 01:27:26.200]  According to whatever the rules are within that jurisdiction
[01:27:26.200 --> 01:27:28.200]  The
[01:27:28.200 --> 01:27:30.200]  Certificate of service generally says
[01:27:30.200 --> 01:27:32.200]  That it was sent by a US first class
[01:27:32.200 --> 01:27:34.200]  Mail, certified, return receipt
[01:27:34.200 --> 01:27:36.200]  Requested, article number
[01:27:36.200 --> 01:27:38.200]  And you put the article number in there
[01:27:38.200 --> 01:27:40.200]  I've seen a lot of attorneys don't put the article number in it
[01:27:40.200 --> 01:27:42.200]  But if you put the article number in it
[01:27:42.200 --> 01:27:44.200]  Then it's going to be pretty hard for them to argue
[01:27:44.200 --> 01:27:46.200]  That they didn't get it
[01:27:46.200 --> 01:27:48.200]  Especially if you've got the signed
[01:27:48.200 --> 01:27:50.200]  Screen card back
[01:27:50.200 --> 01:27:52.200]  So
[01:27:52.200 --> 01:27:54.200]  That's one aspect
[01:27:54.200 --> 01:27:56.200]  The other aspect of filing motions is frequently
[01:27:56.200 --> 01:27:58.200]  Court jurisdictions will require
[01:27:58.200 --> 01:28:00.200]  You to do a certificate of conference
[01:28:00.200 --> 01:28:02.200]  We kind of touched upon this
[01:28:02.200 --> 01:28:04.200]  The last hour
[01:28:04.200 --> 01:28:06.200]  And for the first two hours
[01:28:06.200 --> 01:28:08.200]  And the idea is if you
[01:28:08.200 --> 01:28:10.200]  Have to do a certificate of conference
[01:28:10.200 --> 01:28:12.200]  You always call the opposing side
[01:28:12.200 --> 01:28:14.200]  Up and ask them whether they're going to object to the
[01:28:14.200 --> 01:28:16.200]  Motion or not
[01:28:16.200 --> 01:28:18.200]  And it's generally an attempt to
[01:28:18.200 --> 01:28:20.200]  For agreement
[01:28:20.200 --> 01:28:22.200]  Now what I've found
[01:28:22.200 --> 01:28:24.200]  Is with very very very few
[01:28:24.200 --> 01:28:26.200]  Exceptions
[01:28:26.200 --> 01:28:28.200]  Even something as simple as a motion for
[01:28:28.200 --> 01:28:30.200]  Continuance is attorneys will never
[01:28:30.200 --> 01:28:32.200]  Agree to any motion filed by somebody
[01:28:32.200 --> 01:28:34.200]  Not represented by counsel
[01:28:34.200 --> 01:28:36.200]  It's essentially war by attrition
[01:28:36.200 --> 01:28:38.200]  And essentially you're not a member of the club
[01:28:38.200 --> 01:28:40.200]  So they're going to disagree with
[01:28:40.200 --> 01:28:42.200]  Everything you file
[01:28:42.200 --> 01:28:44.200]  Whereas if it was
[01:28:44.200 --> 01:28:46.200]  Another attorney and the attorney picks them up
[01:28:46.200 --> 01:28:48.200]  The attorneys talk differently to each other
[01:28:48.200 --> 01:28:50.200]  Hey Bob, yeah how you doing Mary
[01:28:50.200 --> 01:28:52.200]  Well I need a continuance, okay sounds good
[01:28:52.200 --> 01:28:54.200]  I wanted to play golf that afternoon anyway
[01:28:54.200 --> 01:28:56.200]  And essentially they agree
[01:28:56.200 --> 01:28:58.200]  On a continuance, they call the court coordinator
[01:28:58.200 --> 01:29:00.200]  Saying that it was agreed that they're going to
[01:29:00.200 --> 01:29:02.200]  Take what they call a pass
[01:29:02.200 --> 01:29:04.200]  On the hearing date and they're going to reschedule it
[01:29:04.200 --> 01:29:06.200]  And everything's copacetic
[01:29:06.200 --> 01:29:08.200]  So say
[01:29:08.200 --> 01:29:10.200]  A person without counsel wants to have
[01:29:10.200 --> 01:29:12.200]  A continuance and you call up Bob
[01:29:12.200 --> 01:29:14.200]  And Bob goes, no I oppose your motion
[01:29:14.200 --> 01:29:16.200]  All your motions are frivolous
[01:29:16.200 --> 01:29:18.200]  I'm going to oppose them all
[01:29:18.200 --> 01:29:20.200]  And he's going to come in there on that hearing day
[01:29:20.200 --> 01:29:22.200]  And object to everything you say
[01:29:22.200 --> 01:29:24.200]  Why? Because that's
[01:29:24.200 --> 01:29:26.200]  That's what they do
[01:29:26.200 --> 01:29:28.200]  Attorneys don't want it to get out
[01:29:28.200 --> 01:29:30.200]  That you can walk into a court case
[01:29:30.200 --> 01:29:32.200]  And win without an attorney
[01:29:36.200 --> 01:29:38.200]  Just the way it is
[01:29:38.200 --> 01:29:40.200]  So even though you can get them to do a pass
[01:29:40.200 --> 01:29:42.200]  I've gotten two attorneys
[01:29:42.200 --> 01:29:44.200]  To do a pass
[01:29:44.200 --> 01:29:46.200]  They don't really want to come anyway
[01:29:46.200 --> 01:29:48.200]  We're going to break in
[01:29:48.200 --> 01:29:50.200]  Alright, let's pick it up on the other side
[01:29:50.200 --> 01:30:18.200]  We'll be right back
[01:30:20.200 --> 01:30:22.200]  Silver and platinum with confidence from a brokerage
[01:30:22.200 --> 01:30:24.200]  That specialized in the precious metals market
[01:30:24.200 --> 01:30:26.200]  Since 1977
[01:30:26.200 --> 01:30:28.200]  If you are new to precious metals
[01:30:28.200 --> 01:30:30.200]  We will happily provide you with the information
[01:30:30.200 --> 01:30:32.200]  You need to make an informed decision
[01:30:32.200 --> 01:30:34.200]  Whether or not you choose to purchase from us
[01:30:34.200 --> 01:30:36.200]  Also, Roberts & Roberts Brokerage
[01:30:36.200 --> 01:30:38.200]  Values your privacy and will always
[01:30:38.200 --> 01:30:40.200]  Advise you in the event that we would be required
[01:30:40.200 --> 01:30:42.200]  To report any transaction
[01:30:42.200 --> 01:30:44.200]  If you have gold, silver, and platinum
[01:30:44.200 --> 01:30:46.200]  You'd like to sell, we can convert it for
[01:30:46.200 --> 01:30:48.200]  Immediate payment
[01:30:48.200 --> 01:30:50.200]  800-874-9760
[01:30:50.200 --> 01:30:52.200]  We're Roberts & Roberts Brokerage
[01:30:52.200 --> 01:31:18.200]  800-874-9760
[01:31:22.200 --> 01:31:24.200]  We're Roberts & Roberts Brokerage
[01:31:52.200 --> 01:31:54.200]  We're Roberts & Roberts Brokerage
[01:32:22.200 --> 01:32:26.200]  Regarding the filing to start the civil case
[01:32:26.200 --> 01:32:30.200]  I believe in Alabama
[01:32:30.200 --> 01:32:32.200]  It stipulates this
[01:32:32.200 --> 01:32:34.200]  But my question is that
[01:32:34.200 --> 01:32:38.200]  When you file the complaint in the civil case
[01:32:38.200 --> 01:32:42.200]  Does the judge have the ability to review and deny it
[01:32:42.200 --> 01:32:44.200]  Because there's no cause of action before
[01:32:44.200 --> 01:32:46.200]  It gets dogged
[01:32:46.200 --> 01:32:50.200]  In Texas that's not the case
[01:32:50.200 --> 01:32:52.200]  But there may be
[01:32:52.200 --> 01:32:54.200]  Jurisdictions in which that will come up
[01:32:54.200 --> 01:32:56.200]  However, the judge will have abused
[01:32:56.200 --> 01:32:58.200]  This discretion and there will probably be
[01:32:58.200 --> 01:33:00.200]  Case law that supports that
[01:33:00.200 --> 01:33:02.200]  If a clear cause of action was argued
[01:33:02.200 --> 01:33:04.200]  And this gets into the idea
[01:33:04.200 --> 01:33:06.200]  Of plaintiff cases anyway
[01:33:06.200 --> 01:33:08.200]  And we might as well, we've been dancing around
[01:33:08.200 --> 01:33:10.200]  The subject anyway so we need to get into it
[01:33:10.200 --> 01:33:12.200]  First off, in order to sue somebody
[01:33:12.200 --> 01:33:14.200]  In civil court
[01:33:14.200 --> 01:33:16.200]  In any way, shape, or form
[01:33:16.200 --> 01:33:18.200]  You have to have a cause of action
[01:33:18.200 --> 01:33:20.200]  Cause of actions can be laid out either by
[01:33:20.200 --> 01:33:22.200]  Common law, by court
[01:33:22.200 --> 01:33:24.200]  Or by statute
[01:33:24.200 --> 01:33:26.200]  And there could be some other
[01:33:26.200 --> 01:33:28.200]  Special situations
[01:33:28.200 --> 01:33:30.200]  Statute civil cases
[01:33:30.200 --> 01:33:32.200]  Would be an example would be
[01:33:32.200 --> 01:33:34.200]  Family law
[01:33:34.200 --> 01:33:38.200]  Family law on divorce and so forth
[01:33:38.200 --> 01:33:40.200]  Is civil
[01:33:40.200 --> 01:33:42.200]  Well, that's almost an oxygen moron
[01:33:42.200 --> 01:33:44.200]  Isn't it?
[01:33:44.200 --> 01:33:46.200]  Divorce cases being civil
[01:33:46.200 --> 01:33:48.200]  And in any event
[01:33:48.200 --> 01:33:50.200]  The issue with how the process
[01:33:50.200 --> 01:33:52.200]  Starts is that there has to be
[01:33:52.200 --> 01:33:54.200]  Some reason to convey these issues
[01:33:54.200 --> 01:33:56.200]  To the court
[01:33:56.200 --> 01:33:58.200]  So in almost every pleading that a person
[01:33:58.200 --> 01:34:00.200]  Is suing somebody for some issue
[01:34:00.200 --> 01:34:02.200]  Needs the law
[01:34:02.200 --> 01:34:04.200]  That is the cause of action
[01:34:04.200 --> 01:34:06.200]  There's usually some form or something
[01:34:06.200 --> 01:34:08.200]  That talks
[01:34:08.200 --> 01:34:10.200]  About the fact
[01:34:10.200 --> 01:34:12.200]  With the state
[01:34:12.200 --> 01:34:14.200]  Like all of the time, the best way
[01:34:14.200 --> 01:34:16.200]  You're ever going to do it
[01:34:16.200 --> 01:34:18.200]  Is put it out of the courthouse
[01:34:18.200 --> 01:34:20.200]  And look at the
[01:34:20.200 --> 01:34:22.200]  Computers and try to find a case
[01:34:22.200 --> 01:34:24.200]  By looking up the case docket
[01:34:24.200 --> 01:34:26.200]  Of a case similar to yours
[01:34:26.200 --> 01:34:28.200]  You look at it and say, okay I'm looking for a divorce case
[01:34:28.200 --> 01:34:30.200]  And then you find a couple divorce cases
[01:34:30.200 --> 01:34:32.200]  And generally you can look through the
[01:34:32.200 --> 01:34:34.200]  List, the docket sheet list
[01:34:34.200 --> 01:34:36.200]  And it will show all the motions that have been filed
[01:34:36.200 --> 01:34:38.200]  In the divorce case
[01:34:38.200 --> 01:34:40.200]  And if you have a divorce case with kids
[01:34:40.200 --> 01:34:42.200]  And that's what you're going to file
[01:34:42.200 --> 01:34:44.200]  That has already been filed and well on its way
[01:34:44.200 --> 01:34:46.200]  And then go and look at what the attorneys
[01:34:46.200 --> 01:34:48.200]  Have done
[01:34:48.200 --> 01:34:50.200]  Now, I'm going to tell you right now
[01:34:50.200 --> 01:34:52.200]  That not all attorneys do a great job
[01:34:52.200 --> 01:34:54.200]  But at least it's going to give you an idea
[01:34:54.200 --> 01:34:56.200]  Of the approach
[01:34:56.200 --> 01:34:58.200]  If you look at several cases
[01:34:58.200 --> 01:35:00.200]  You'll get a kind of
[01:35:00.200 --> 01:35:02.200]  Consensus of how the approach works
[01:35:02.200 --> 01:35:04.200]  You also have to get the law
[01:35:04.200 --> 01:35:06.200]  Book on family
[01:35:06.200 --> 01:35:08.200]  Code within that state
[01:35:08.200 --> 01:35:10.200]  And look at exactly what the process is
[01:35:10.200 --> 01:35:12.200]  What's the time, deadlines
[01:35:12.200 --> 01:35:14.200]  What's the jurisdiction
[01:35:14.200 --> 01:35:16.200]  And look at how the attorneys
[01:35:16.200 --> 01:35:18.200]  Filing a divorce case
[01:35:18.200 --> 01:35:20.200]  In that state actually address that
[01:35:20.200 --> 01:35:22.200]  Issue in the pleading
[01:35:22.200 --> 01:35:24.200]  Generally pleadings up in the front
[01:35:24.200 --> 01:35:26.200]  Talk about generally what the action is
[01:35:26.200 --> 01:35:28.200]  It's going to indicate
[01:35:28.200 --> 01:35:30.200]  Original petition for divorce
[01:35:30.200 --> 01:35:32.200]  As a heading or a title
[01:35:32.200 --> 01:35:34.200]  At the top
[01:35:34.200 --> 01:35:36.200]  And
[01:35:36.200 --> 01:35:38.200]  The issue is then what there's going
[01:35:38.200 --> 01:35:40.200]  To have just a general
[01:35:40.200 --> 01:35:42.200]  Introduction to the court
[01:35:42.200 --> 01:35:44.200]  There's usually some processes of language there
[01:35:44.200 --> 01:35:46.200]  You know, to the honorable
[01:35:46.200 --> 01:35:48.200]  Judge of said court
[01:35:48.200 --> 01:35:50.200]  Words to that effect
[01:35:50.200 --> 01:35:52.200]  In order to essentially
[01:35:52.200 --> 01:35:54.200]  Start the process out
[01:35:54.200 --> 01:35:56.200]  And various states will require
[01:35:56.200 --> 01:35:58.200]  Could require various types of language
[01:35:58.200 --> 01:36:00.200]  To be there at the top
[01:36:00.200 --> 01:36:02.200]  And if you see it in a statute
[01:36:02.200 --> 01:36:04.200]  And it's in quotes
[01:36:04.200 --> 01:36:06.200]  Use it exactly as it's in the quotes
[01:36:06.200 --> 01:36:08.200]  Let me say that again
[01:36:08.200 --> 01:36:10.200]  You find a statute that says
[01:36:10.200 --> 01:36:12.200]  A suit commenced in this action states the following
[01:36:12.200 --> 01:36:14.200]  And it goes colon and then it puts quotes
[01:36:14.200 --> 01:36:16.200]  Use the quotes
[01:36:16.200 --> 01:36:18.200]  Just as they've been cited
[01:36:18.200 --> 01:36:20.200]  What's in the quotes
[01:36:20.200 --> 01:36:22.200]  Even if they spell it wrong
[01:36:22.200 --> 01:36:24.200]  Use it just as it's in the quotes
[01:36:24.200 --> 01:36:26.200]  The idea is that
[01:36:26.200 --> 01:36:28.200]  If it's in the quotes and it's in the statute
[01:36:28.200 --> 01:36:30.200]  They're going to require that
[01:36:30.200 --> 01:36:32.200]  It's absolutely required and the other party
[01:36:32.200 --> 01:36:34.200]  May object to it if it's not exactly
[01:36:34.200 --> 01:36:36.200]  As stated in the quotes
[01:36:36.200 --> 01:36:38.200]  The next thing I'll generally do
[01:36:38.200 --> 01:36:40.200]  Is you'll talk about the parties
[01:36:40.200 --> 01:36:42.200]  To the case
[01:36:42.200 --> 01:36:44.200]  And then you'll go into jurisdiction
[01:36:44.200 --> 01:36:46.200]  And you'll talk about jurisdiction
[01:36:46.200 --> 01:36:48.200]  Now, there becomes a
[01:36:48.200 --> 01:36:50.200]  Little bit of issue between the idea
[01:36:50.200 --> 01:36:52.200]  Of what jurisdiction is
[01:36:52.200 --> 01:36:54.200]  And the idea of what venue is
[01:36:56.200 --> 01:36:58.200]  A court may have jurisdiction
[01:36:58.200 --> 01:37:00.200]  But it may not be the first court
[01:37:00.200 --> 01:37:02.200]  Of venue, meaning that it's not
[01:37:02.200 --> 01:37:04.200]  A preferential place
[01:37:04.200 --> 01:37:06.200]  I'll give you an example, a civil case filed
[01:37:06.200 --> 01:37:08.200]  In Texas in a, say
[01:37:08.200 --> 01:37:10.200]  A justice of the peace
[01:37:10.200 --> 01:37:12.200]  Court because the neighbor's dog
[01:37:12.200 --> 01:37:14.200]  Came and chewed up your
[01:37:14.200 --> 01:37:16.200]  Prize rose bushes or something
[01:37:16.200 --> 01:37:18.200]  The issue
[01:37:18.200 --> 01:37:20.200]  Is suing the neighbor
[01:37:20.200 --> 01:37:22.200]  The proper venue is
[01:37:22.200 --> 01:37:24.200]  Where the defendant lives
[01:37:24.200 --> 01:37:26.200]  Now that's only in Texas
[01:37:26.200 --> 01:37:28.200]  Other states will have statutes that will tell you
[01:37:28.200 --> 01:37:30.200]  Where the venue is
[01:37:30.200 --> 01:37:32.200]  And jurisdiction is at any court
[01:37:32.200 --> 01:37:34.200]  Within the county
[01:37:34.200 --> 01:37:36.200]  So I could bring that to a different court within the county
[01:37:36.200 --> 01:37:38.200]  As long as the other party didn't
[01:37:38.200 --> 01:37:40.200]  Object to the venue
[01:37:40.200 --> 01:37:42.200]  The other court could hear it
[01:37:42.200 --> 01:37:44.200]  If they had jurisdiction
[01:37:44.200 --> 01:37:46.200]  So
[01:37:46.200 --> 01:37:48.200]  You always pay close attention
[01:37:48.200 --> 01:37:50.200]  To the idea of who has jurisdiction
[01:37:50.200 --> 01:37:52.200]  In some places there may be multiple
[01:37:52.200 --> 01:37:54.200]  Jurisdictions
[01:37:54.200 --> 01:37:56.200]  An issue of jurisdiction comes up like
[01:37:56.200 --> 01:37:58.200]  An example would be a car accident
[01:37:58.200 --> 01:38:00.200]  You had a car accident
[01:38:00.200 --> 01:38:02.200]  In Austin, Texas with a person
[01:38:02.200 --> 01:38:04.200]  You live in Dallas, Texas
[01:38:04.200 --> 01:38:06.200]  You were driving to Austin and somebody
[01:38:06.200 --> 01:38:08.200]  From San Antonio was driving to Fort Worth
[01:38:08.200 --> 01:38:10.200]  And you had an accident in Austin
[01:38:10.200 --> 01:38:12.200]  Okay, where's the jurisdiction
[01:38:12.200 --> 01:38:14.200]  Over the car wreck?
[01:38:14.200 --> 01:38:16.200]  Well, it can be one of three places
[01:38:16.200 --> 01:38:18.200]  It can be either places
[01:38:18.200 --> 01:38:20.200]  Where the people involved in
[01:38:20.200 --> 01:38:22.200]  The wreck actually
[01:38:22.200 --> 01:38:24.200]  Reside
[01:38:24.200 --> 01:38:26.200]  It could be in Travis County
[01:38:26.200 --> 01:38:28.200]  Which is where the wreck actually
[01:38:28.200 --> 01:38:30.200]  Occurs
[01:38:30.200 --> 01:38:32.200]  And you'd have to go through statutory law
[01:38:32.200 --> 01:38:34.200]  You'd have to probably look up precedent cases
[01:38:34.200 --> 01:38:36.200]  To determine which had the priority
[01:38:36.200 --> 01:38:38.200]  Which was the
[01:38:38.200 --> 01:38:40.200]  Place of first venue
[01:38:40.200 --> 01:38:42.200]  Where is venue proper
[01:38:42.200 --> 01:38:44.200]  So
[01:38:44.200 --> 01:38:46.200]  That's an example of how that
[01:38:46.200 --> 01:38:48.200]  Occurs
[01:38:48.200 --> 01:38:50.200]  Now, once these are filed
[01:38:50.200 --> 01:38:52.200]  And you explain the case
[01:38:52.200 --> 01:38:54.200]  If you've specified the cause of an accident
[01:38:54.200 --> 01:38:56.200]  That you're seeing under
[01:38:56.200 --> 01:38:58.200]  You don't
[01:38:58.200 --> 01:39:00.200]  Tell Lori of what the
[01:39:00.200 --> 01:39:02.200]  Place
[01:39:02.200 --> 01:39:04.200]  But you also have to plead the cause of action
[01:39:04.200 --> 01:39:06.200]  In the divorce case example we're giving
[01:39:06.200 --> 01:39:08.200]  You would cite the family code
[01:39:08.200 --> 01:39:10.200]  In whatever state you're in
[01:39:10.200 --> 01:39:12.200]  Or the civil statute that allows you to do a divorce
[01:39:12.200 --> 01:39:14.200]  You'd say I'm filing this under XYZ
[01:39:14.200 --> 01:39:16.200]  Section of the state law
[01:39:16.200 --> 01:39:18.200]  That provides for me to do this
[01:39:18.200 --> 01:39:20.200]  Well, it's going to be very difficult for a judge
[01:39:20.200 --> 01:39:22.200]  To dismiss it
[01:39:22.200 --> 01:39:24.200]  Based on there's no cause of action
[01:39:24.200 --> 01:39:26.200]  That doesn't mean it doesn't happen
[01:39:26.200 --> 01:39:28.200]  But it's going to be more difficult
[01:39:28.200 --> 01:39:30.200]  I've seen a lot of people file things
[01:39:30.200 --> 01:39:32.200]  That they never state
[01:39:32.200 --> 01:39:34.200]  The proper cause of action because they
[01:39:34.200 --> 01:39:36.200]  Tell a story
[01:39:36.200 --> 01:39:38.200]  But they don't get into the actual
[01:39:38.200 --> 01:39:40.200]  What occurred that caused the damage
[01:39:40.200 --> 01:39:42.200]  You can be out
[01:39:42.200 --> 01:39:44.200]  You have to be damaged in some way
[01:39:44.200 --> 01:39:46.200]  Or have a statutory right to be there
[01:39:46.200 --> 01:39:48.200]  Or the court has no jurisdiction to hear it
[01:39:48.200 --> 01:39:50.200]  And
[01:39:50.200 --> 01:39:52.200]  That's one of the aspects of it
[01:39:52.200 --> 01:39:54.200]  In federal courts
[01:39:54.200 --> 01:39:56.200]  If I remember my rules correctly
[01:39:56.200 --> 01:39:58.200]  The other party
[01:39:58.200 --> 01:40:00.200]  When you file a case
[01:40:00.200 --> 01:40:02.200]  Will sometimes come in in motion
[01:40:02.200 --> 01:40:04.200]  For the court to dismiss under Rule 60
[01:40:04.200 --> 01:40:06.200]  Stating there wasn't any cause of action
[01:40:06.200 --> 01:40:08.200]  In which the court can grant relief
[01:40:08.200 --> 01:40:10.200]  And the courts have been pretty notorious
[01:40:10.200 --> 01:40:12.200]  Against
[01:40:12.200 --> 01:40:14.200]  Unrepresented counsel
[01:40:14.200 --> 01:40:16.200]  Unrepresented parties without counsel
[01:40:16.200 --> 01:40:18.200]  To just dismiss it out of hand
[01:40:18.200 --> 01:40:20.200]  Just denying them due process
[01:40:20.200 --> 01:40:22.200]  And this does happen as well
[01:40:22.200 --> 01:40:24.200]  One of the things
[01:40:24.200 --> 01:40:26.200]  That I tell people all the time
[01:40:26.200 --> 01:40:28.200]  Is if it's a really important case
[01:40:28.200 --> 01:40:30.200]  You can afford to get an attorney
[01:40:30.200 --> 01:40:32.200]  To shop for an attorney
[01:40:32.200 --> 01:40:34.200]  And one of the best ways
[01:40:34.200 --> 01:40:36.200]  To get an attorney is to go down to the courthouse
[01:40:36.200 --> 01:40:38.200]  And see who's actually
[01:40:38.200 --> 01:40:40.200]  Gone and bloodied somebody's nose
[01:40:40.200 --> 01:40:42.200]  In court
[01:40:42.200 --> 01:40:44.200]  There are attorneys out there
[01:40:44.200 --> 01:40:46.200]  I hate to do
[01:40:46.200 --> 01:40:48.200]  Plugs for people but there's a book out there
[01:40:48.200 --> 01:40:50.200]  By Michael Mims
[01:40:50.200 --> 01:40:52.200]  Called Underground Lawyer
[01:40:52.200 --> 01:40:54.200]  And the Underground Lawyer book
[01:40:54.200 --> 01:40:56.200]  Talks about various
[01:40:56.200 --> 01:40:58.200]  Types of lawyers and he's come across
[01:40:58.200 --> 01:41:00.200]  These and when I read the book the first time
[01:41:00.200 --> 01:41:02.200]  It was like
[01:41:02.200 --> 01:41:04.200]  We both lived the same life
[01:41:04.200 --> 01:41:06.200]  There are attorneys out there
[01:41:06.200 --> 01:41:08.200]  That take cases and never go into
[01:41:08.200 --> 01:41:10.200]  Court
[01:41:10.200 --> 01:41:12.200]  They always make a deal over the phone
[01:41:12.200 --> 01:41:14.200]  Especially accident attorneys
[01:41:14.200 --> 01:41:16.200]  Will sometimes take cases
[01:41:16.200 --> 01:41:18.200]  And they'll just make a deal
[01:41:18.200 --> 01:41:20.200]  With the insurance company
[01:41:20.200 --> 01:41:22.200]  If the insurance company says well that's our best deal
[01:41:22.200 --> 01:41:24.200]  Take it or leave it
[01:41:24.200 --> 01:41:26.200]  The attorney is going to talk his client into taking it
[01:41:26.200 --> 01:41:28.200]  Because this attorney never goes into court
[01:41:28.200 --> 01:41:30.200]  Now you think the
[01:41:30.200 --> 01:41:32.200]  Insurance company knows that?
[01:41:32.200 --> 01:41:34.200]  Oh you better believe it
[01:41:34.200 --> 01:41:36.200]  They know this attorney, John Q. Smith
[01:41:36.200 --> 01:41:38.200]  Never goes into court
[01:41:38.200 --> 01:41:40.200]  So they know that they can essentially give them
[01:41:40.200 --> 01:41:42.200]  A pittance of what the settlement should be
[01:41:42.200 --> 01:41:44.200]  Because he's going to tell his client
[01:41:44.200 --> 01:41:46.200]  For whatever reason we need to settle
[01:41:46.200 --> 01:41:48.200]  Because we'll never win this
[01:41:48.200 --> 01:41:50.200]  Why? Because he never goes into court
[01:41:50.200 --> 01:41:52.200]  Never files any motions
[01:41:52.200 --> 01:41:54.200]  That's one of the things you need
[01:41:54.200 --> 01:41:56.200]  Different representation
[01:41:56.200 --> 01:41:58.200]  What cases
[01:41:58.200 --> 01:42:00.200]  Case numbers
[01:42:00.200 --> 01:42:02.200]  If they start talking
[01:42:02.200 --> 01:42:04.200]  Case numbers
[01:42:04.200 --> 01:42:06.200]  Don't walk
[01:42:06.200 --> 01:42:08.200]  Out of their own
[01:42:08.200 --> 01:42:10.200]  Because
[01:42:10.200 --> 01:42:12.200]  I'll tell you about
[01:42:12.200 --> 01:42:14.200]  What's important
[01:42:14.200 --> 01:42:16.200]  It's just not a real trial
[01:42:16.200 --> 01:42:18.200]  So if you're at a file
[01:42:18.200 --> 01:42:20.200]  You want to make a trial lawyer
[01:42:20.200 --> 01:42:22.200]  To the places we found
[01:42:22.200 --> 01:42:24.200]  In recommending lawyers
[01:42:24.200 --> 01:42:26.200]  Because we think there's a
[01:42:26.200 --> 01:42:28.200]  Quid pro quo deal going on
[01:42:28.200 --> 01:42:30.200]  Is the Bar Association
[01:42:30.200 --> 01:42:32.200]  Is the Bar Association
[01:42:32.200 --> 01:42:34.200]  Apparently will allow attorneys
[01:42:34.200 --> 01:42:36.200]  To advertise with them
[01:42:36.200 --> 01:42:38.200]  And for whatever reason the Bar Association
[01:42:38.200 --> 01:42:40.200]  And then various attorneys
[01:42:40.200 --> 01:42:42.200]  Who frequently in my experience
[01:42:42.200 --> 01:42:44.200]  Have turned out to be pretty poor attorneys
[01:42:44.200 --> 01:42:46.200]  I have a question
[01:42:46.200 --> 01:42:48.200]  Okay
[01:42:48.200 --> 01:42:50.200]  If you don't mind
[01:42:50.200 --> 01:42:56.200]  I know you said that foreclosure isn't your forte
[01:42:56.200 --> 01:43:00.200]  But let me give you a scenario
[01:43:00.200 --> 01:43:02.200]  And you tell me in your opinion
[01:43:02.200 --> 01:43:04.200]  How this could work
[01:43:04.200 --> 01:43:06.200]  And I'm sure one of the
[01:43:06.200 --> 01:43:08.200]  Most popular causes of action would be
[01:43:08.200 --> 01:43:10.200]  A breach of contract, right?
[01:43:10.200 --> 01:43:12.200]  I would imagine so
[01:43:12.200 --> 01:43:14.200]  Okay
[01:43:14.200 --> 01:43:16.200]  Let's say a person's
[01:43:16.200 --> 01:43:18.200]  In foreclosure at this
[01:43:18.200 --> 01:43:20.200]  At this level
[01:43:20.200 --> 01:43:22.200]  I know that to start the foreclosure
[01:43:22.200 --> 01:43:24.200]  There has to be an action
[01:43:24.200 --> 01:43:26.200]  And which is
[01:43:26.200 --> 01:43:28.200]  Which starts the case through the court
[01:43:28.200 --> 01:43:30.200]  Okay
[01:43:30.200 --> 01:43:32.200]  Just take time out there for a second
[01:43:32.200 --> 01:43:34.200]  Foreclosure
[01:43:34.200 --> 01:43:36.200]  Okay wait wait wait
[01:43:36.200 --> 01:43:38.200]  We're going to break
[01:43:38.200 --> 01:43:40.200]  We're going to break
[01:43:40.200 --> 01:43:42.200]  We'll be right back
[01:43:42.200 --> 01:43:44.200]  Right
[01:43:44.200 --> 01:44:06.200]  Okay
[01:44:14.200 --> 01:44:16.200]  Okay
[01:44:44.200 --> 01:44:46.200]  We'll be right back
[01:45:14.200 --> 01:45:22.200]  Hello?
[01:45:22.200 --> 01:45:24.200]  Oh man
[01:45:24.200 --> 01:45:26.200]  You're in jail?
[01:45:26.200 --> 01:45:28.200]  You got busted man?
[01:45:28.200 --> 01:45:30.200]  Oh man I'm broke dude
[01:45:36.200 --> 01:45:40.200]  Some things in this world I will never understand
[01:45:40.200 --> 01:45:44.200]  Some things I realize fully
[01:45:44.200 --> 01:45:46.200]  Somebody's on a police
[01:45:46.200 --> 01:45:48.200]  A policeman
[01:45:48.200 --> 01:45:50.200]  Somebody's on a police
[01:45:50.200 --> 01:45:52.200]  A bully
[01:45:52.200 --> 01:45:54.200]  There's always a room
[01:45:54.200 --> 01:45:56.200]  At the top of the hill
[01:45:56.200 --> 01:45:58.200]  I hear through the
[01:45:58.200 --> 01:46:00.200]  Grapevine and it's lonely
[01:46:00.200 --> 01:46:02.200]  They're still
[01:46:02.200 --> 01:46:04.200]  They're wishing it was more than opposition
[01:46:04.200 --> 01:46:06.200]  Alright we got Ken Magnussen
[01:46:06.200 --> 01:46:08.200]  Okay Ken go ahead
[01:46:08.200 --> 01:46:10.200]  You're talking about
[01:46:10.200 --> 01:46:12.200]  Wherever we were
[01:46:12.200 --> 01:46:14.200]  Greg had asked me a question about foreclosures
[01:46:14.200 --> 01:46:16.200]  Yes the foreclosures
[01:46:16.200 --> 01:46:18.200]  From my understanding of foreclosures
[01:46:18.200 --> 01:46:20.200]  Which there could be some holes in this knowledge
[01:46:20.200 --> 01:46:22.200]  Recognize that anybody hears
[01:46:22.200 --> 01:46:24.200]  Any of this that we talk about
[01:46:24.200 --> 01:46:26.200]  Even lawyers can be wrong
[01:46:26.200 --> 01:46:28.200]  You always go out and read the law books
[01:46:28.200 --> 01:46:30.200]  To know what the law books
[01:46:30.200 --> 01:46:32.200]  Actually say
[01:46:32.200 --> 01:46:34.200]  Now with attorneys you kind of got to be
[01:46:34.200 --> 01:46:36.200]  A little bit more careful about not bruising their egos
[01:46:36.200 --> 01:46:38.200]  So you always ask them questions
[01:46:38.200 --> 01:46:40.200]  As if you were inquiring
[01:46:40.200 --> 01:46:42.200]  Not like you already know
[01:46:42.200 --> 01:46:44.200]  The answers to the questions
[01:46:44.200 --> 01:46:46.200]  And then you see if they lie to you
[01:46:46.200 --> 01:46:48.200]  And that's a good indication that
[01:46:48.200 --> 01:46:50.200]  You're not with the right attorney
[01:46:50.200 --> 01:46:52.200]  But in any event with regards to foreclosures
[01:46:52.200 --> 01:46:54.200]  You always do your research
[01:46:54.200 --> 01:46:56.200]  You have to go out there and look at all the case law
[01:46:56.200 --> 01:46:58.200]  Read all of the dirty rotten little secrets
[01:46:58.200 --> 01:47:00.200]  And I'm going to tell you right now
[01:47:00.200 --> 01:47:02.200]  That there's going to be some case law out there
[01:47:02.200 --> 01:47:04.200]  That's not going to be really good for you to read
[01:47:04.200 --> 01:47:06.200]  Because they will have shafted
[01:47:06.200 --> 01:47:08.200]  Somebody pretty badly
[01:47:08.200 --> 01:47:10.200]  But then three cases behind it
[01:47:10.200 --> 01:47:12.200]  The Supreme Court may have turned around
[01:47:12.200 --> 01:47:14.200]  And kind of said well this is an exception
[01:47:14.200 --> 01:47:16.200]  To the rule and we're going to do this
[01:47:16.200 --> 01:47:18.200]  And kind of fixed it a little bit
[01:47:18.200 --> 01:47:20.200]  But the bottom line with foreclosures
[01:47:20.200 --> 01:47:22.200]  Foreclosure either can happen
[01:47:22.200 --> 01:47:24.200]  Contractually
[01:47:24.200 --> 01:47:26.200]  In the documents of the deeds of trust
[01:47:26.200 --> 01:47:28.200]  Or warranty deeds
[01:47:28.200 --> 01:47:30.200]  It can happen by statute
[01:47:30.200 --> 01:47:34.200]  Or there can be another mechanism
[01:47:34.200 --> 01:47:36.200]  And whatever the foreclosure
[01:47:36.200 --> 01:47:38.200]  Mechanism is
[01:47:38.200 --> 01:47:40.200]  If it's by statute
[01:47:40.200 --> 01:47:42.200]  Or it's by contract
[01:47:42.200 --> 01:47:44.200]  There has to be some process for notification
[01:47:44.200 --> 01:47:46.200]  Some foreclosures
[01:47:46.200 --> 01:47:48.200]  Are done by contract
[01:47:48.200 --> 01:47:50.200]  And sometimes
[01:47:50.200 --> 01:47:52.200]  Those don't need to go to the courthouse
[01:47:52.200 --> 01:47:54.200]  You need to be aware of that
[01:47:54.200 --> 01:47:56.200]  There's what they call nonjudicial foreclosures
[01:47:56.200 --> 01:47:58.200]  Where essentially they just go down to a magistrate
[01:47:58.200 --> 01:48:00.200]  And get an order
[01:48:00.200 --> 01:48:02.200]  Usually a justice of the peace
[01:48:02.200 --> 01:48:04.200]  And get an order for you to leave the house
[01:48:04.200 --> 01:48:06.200]  After the bank or mortgage company
[01:48:06.200 --> 01:48:08.200]  Has told you that you're behind
[01:48:08.200 --> 01:48:10.200]  And you need to vacate the premises
[01:48:10.200 --> 01:48:12.200]  That you've met the requirements under the statute
[01:48:12.200 --> 01:48:14.200]  Under the contract
[01:48:14.200 --> 01:48:16.200]  It's having been foreclosed on
[01:48:16.200 --> 01:48:18.200]  In other cases there's judicial foreclosure
[01:48:18.200 --> 01:48:20.200]  And that follows an actual cause of action
[01:48:20.200 --> 01:48:22.200]  Foreclosure is a cause of action
[01:48:22.200 --> 01:48:24.200]  They have to plead it before the court
[01:48:24.200 --> 01:48:26.200]  And do the right thing
[01:48:26.200 --> 01:48:28.200]  Almost every state that I've seen
[01:48:28.200 --> 01:48:30.200]  Out there with the exception of Oklahoma
[01:48:30.200 --> 01:48:32.200]  Is pretty thin
[01:48:32.200 --> 01:48:34.200]  There's usually some sort of law school
[01:48:34.200 --> 01:48:36.200]  That's done a
[01:48:36.200 --> 01:48:38.200]  Thesis
[01:48:38.200 --> 01:48:40.200]  Or a series of books on
[01:48:40.200 --> 01:48:42.200]  Causes of action
[01:48:42.200 --> 01:48:44.200]  For both sides of the issue
[01:48:44.200 --> 01:48:46.200]  Usually if you come across a
[01:48:46.200 --> 01:48:48.200]  Thesis on foreclosure
[01:48:48.200 --> 01:48:50.200]  They're going to talk about if you're the
[01:48:50.200 --> 01:48:52.200]  Note holder
[01:48:52.200 --> 01:48:54.200]  And then if you're the person
[01:48:54.200 --> 01:48:56.200]  With the foreclosure
[01:48:56.200 --> 01:48:58.200]  That's essentially the occupant of the house
[01:48:58.200 --> 01:49:00.200]  Or the
[01:49:00.200 --> 01:49:02.200]  Building
[01:49:02.200 --> 01:49:04.200]  And they'll tell you
[01:49:04.200 --> 01:49:06.200]  All of the things that you have to do
[01:49:06.200 --> 01:49:08.200]  Both to counteract their arguments
[01:49:08.200 --> 01:49:10.200]  And what's an exception to the rule
[01:49:10.200 --> 01:49:12.200]  And all of that
[01:49:12.200 --> 01:49:14.200]  That goes for almost all the law
[01:49:14.200 --> 01:49:16.200]  In Texas there's a good series that you usually find
[01:49:16.200 --> 01:49:18.200]  In most law libraries
[01:49:18.200 --> 01:49:20.200]  Called Dorsanios
[01:49:20.200 --> 01:49:22.200]  And Dorsanios
[01:49:22.200 --> 01:49:24.200]  And the last time I looked at it
[01:49:24.200 --> 01:49:26.200]  Was well over 30 volumes
[01:49:26.200 --> 01:49:28.200]  Of bound books that get updated
[01:49:28.200 --> 01:49:30.200]  Periodically
[01:49:30.200 --> 01:49:32.200]  On the issue and has all the case law
[01:49:32.200 --> 01:49:34.200]  In there that support each cause of action
[01:49:34.200 --> 01:49:36.200]  And each defense for each cause of action
[01:49:36.200 --> 01:49:38.200]  And the biggest thing is
[01:49:38.200 --> 01:49:40.200]  That's what everybody needs to read
[01:49:40.200 --> 01:49:42.200]  So if you're into foreclosure
[01:49:42.200 --> 01:49:44.200]  And somebody has started that process
[01:49:44.200 --> 01:49:46.200]  Against you and you're in the defense situation
[01:49:46.200 --> 01:49:48.200]  You need to look at all of the law
[01:49:48.200 --> 01:49:50.200]  That supports the defense
[01:49:50.200 --> 01:49:52.200]  And if part of that
[01:49:52.200 --> 01:49:54.200]  Is the contract and where is the
[01:49:54.200 --> 01:49:56.200]  Contract and who has the contract
[01:49:56.200 --> 01:49:58.200]  Who has the note, where is
[01:49:58.200 --> 01:50:00.200]  The note, where are the original signatures
[01:50:00.200 --> 01:50:02.200]  Where are the original signatories
[01:50:02.200 --> 01:50:04.200]  You know all of this kind of stuff
[01:50:04.200 --> 01:50:06.200]  You need to address that because that all falls under
[01:50:06.200 --> 01:50:08.200]  Rules of evidence
[01:50:08.200 --> 01:50:10.200]  What can prove your case is based
[01:50:10.200 --> 01:50:12.200]  On the evidence
[01:50:12.200 --> 01:50:14.200]  And in almost every case you have to look at
[01:50:14.200 --> 01:50:16.200]  What's the evidence
[01:50:16.200 --> 01:50:18.200]  In some cases an affidavit
[01:50:18.200 --> 01:50:20.200]  Is sufficient to start the process
[01:50:20.200 --> 01:50:22.200]  But usually evidence requires
[01:50:22.200 --> 01:50:24.200]  A preponderance of testimony
[01:50:24.200 --> 01:50:26.200]  Showing
[01:50:26.200 --> 01:50:28.200]  A particular situation is actually
[01:50:28.200 --> 01:50:30.200]  What they say it is
[01:50:30.200 --> 01:50:32.200]  What I'm wondering
[01:50:32.200 --> 01:50:34.200]  In this particular situation
[01:50:34.200 --> 01:50:36.200]  You tell me what you think
[01:50:36.200 --> 01:50:38.200]  But we
[01:50:38.200 --> 01:50:40.200]  We started somewhat of a process
[01:50:40.200 --> 01:50:42.200]  On them having to produce the note
[01:50:42.200 --> 01:50:44.200]  But if you go down in Alabama
[01:50:44.200 --> 01:50:46.200]  If I'm not mistaken, I skimmed over
[01:50:46.200 --> 01:50:48.200]  The rules just a couple days ago
[01:50:48.200 --> 01:50:50.200]  But they do have to file
[01:50:50.200 --> 01:50:52.200]  An action, a foreclosure
[01:50:52.200 --> 01:50:54.200]  Action in the court
[01:50:54.200 --> 01:50:56.200]  And there hasn't
[01:50:56.200 --> 01:50:58.200]  There hasn't been one filed yet
[01:50:58.200 --> 01:51:00.200]  On this particular person
[01:51:00.200 --> 01:51:02.200]  And what I'm wondering is
[01:51:02.200 --> 01:51:04.200]  Since from what I've
[01:51:04.200 --> 01:51:06.200]  Seen on his side that apparently
[01:51:06.200 --> 01:51:08.200]  That he
[01:51:08.200 --> 01:51:10.200]  Has fulfilled his part
[01:51:10.200 --> 01:51:12.200]  Of the obligation, the mortgager
[01:51:12.200 --> 01:51:14.200]  Hasn't. If he goes down and
[01:51:14.200 --> 01:51:16.200]  Files a cause of action against
[01:51:16.200 --> 01:51:18.200]  The mortgager
[01:51:18.200 --> 01:51:20.200]  For breach of contract
[01:51:20.200 --> 01:51:22.200]  Will that at least
[01:51:22.200 --> 01:51:24.200]  Is it possible that could put the foreclosure
[01:51:24.200 --> 01:51:26.200]  Off for at least some time
[01:51:26.200 --> 01:51:28.200]  In other words, does this case have to be decided
[01:51:28.200 --> 01:51:30.200]  It's possible
[01:51:30.200 --> 01:51:32.200]  One of the things that I have heard
[01:51:32.200 --> 01:51:34.200]  And seen late at night TV here in Texas
[01:51:34.200 --> 01:51:36.200]  Is because of the entire economy
[01:51:36.200 --> 01:51:38.200]  Meltdown
[01:51:38.200 --> 01:51:40.200]  Because of the subprime mortgage
[01:51:40.200 --> 01:51:42.200]  Loans is there's been a number of
[01:51:42.200 --> 01:51:44.200]  Firms that have been advertising
[01:51:44.200 --> 01:51:46.200]  Stating that almost all of those
[01:51:46.200 --> 01:51:48.200]  Mortgages that were done that way
[01:51:48.200 --> 01:51:50.200]  Were done illegally, meaning that there
[01:51:50.200 --> 01:51:52.200]  Was fraud committed on the part
[01:51:52.200 --> 01:51:54.200]  Of the lending people
[01:51:54.200 --> 01:51:56.200]  The lenders committed fraud
[01:51:56.200 --> 01:51:58.200]  And that this was illegal
[01:51:58.200 --> 01:52:00.200]  And these law firms have been
[01:52:00.200 --> 01:52:02.200]  Trying to get customers to come
[01:52:02.200 --> 01:52:04.200]  And you don't have to refinance
[01:52:04.200 --> 01:52:06.200]  Your house or whatever, we're going to get your house
[01:52:06.200 --> 01:52:08.200]  For you for free because they
[01:52:08.200 --> 01:52:10.200]  Committed fraud in getting you to
[01:52:10.200 --> 01:52:12.200]  Sign for this note
[01:52:12.200 --> 01:52:14.200]  And that's my understanding
[01:52:14.200 --> 01:52:16.200]  Is if that's the set of circumstances
[01:52:16.200 --> 01:52:18.200]  I would look at what the requirements
[01:52:18.200 --> 01:52:20.200]  Are because there's also federal
[01:52:20.200 --> 01:52:22.200]  Statutes that go with foreclosure
[01:52:22.200 --> 01:52:24.200]  You're going to loan money to people
[01:52:24.200 --> 01:52:26.200]  Under certain banking regulations
[01:52:26.200 --> 01:52:28.200]  And under savings and loan
[01:52:28.200 --> 01:52:30.200]  Requirements and everything, there's federal
[01:52:30.200 --> 01:52:32.200]  Statutes that apply to how you can do it
[01:52:32.200 --> 01:52:34.200]  And if the lender misled
[01:52:34.200 --> 01:52:36.200]  The borrower
[01:52:36.200 --> 01:52:38.200]  In a constructive manner
[01:52:38.200 --> 01:52:40.200]  It could be outright fraud or it could be
[01:52:40.200 --> 01:52:42.200]  Constructive fraud, in which case
[01:52:42.200 --> 01:52:44.200]  Now you've got a cause of action
[01:52:44.200 --> 01:52:46.200]  You get the whole house, you get everything
[01:52:46.200 --> 01:52:48.200]  Plus damages and attorney fees
[01:52:48.200 --> 01:52:50.200]  But you have to do your homework
[01:52:50.200 --> 01:52:52.200]  But this gets into essentially, and my
[01:52:52.200 --> 01:52:54.200]  My topic here was never to get into
[01:52:54.200 --> 01:52:56.200]  The causes of action
[01:52:56.200 --> 01:52:58.200]  Other than to say you have to know
[01:52:58.200 --> 01:53:00.200]  What they are, we're talking
[01:53:00.200 --> 01:53:02.200]  More or less about the actual process
[01:53:02.200 --> 01:53:04.200]  And procedure, what happens down at the courthouse
[01:53:04.200 --> 01:53:06.200]  And how to know when it goes off the rails
[01:53:06.200 --> 01:53:08.200]  So, I hope that answers some of your questions
[01:53:08.200 --> 01:53:10.200]  Yeah, it did
[01:53:10.200 --> 01:53:12.200]  Okay, um
[01:53:12.200 --> 01:53:14.200]  The process of filing
[01:53:14.200 --> 01:53:16.200]  Paperwork down at the courthouse, recognize
[01:53:16.200 --> 01:53:18.200]  That one of the things that happens as soon
[01:53:18.200 --> 01:53:20.200]  As a cause of action, in a civil
[01:53:20.200 --> 01:53:22.200]  Case for example, and there's a parallel
[01:53:22.200 --> 01:53:24.200]  Process that occurs in criminal cases
[01:53:24.200 --> 01:53:26.200]  What happens is they start
[01:53:26.200 --> 01:53:28.200]  What's called a docket sheet
[01:53:28.200 --> 01:53:30.200]  And a docket sheet is a
[01:53:30.200 --> 01:53:32.200]  Chronological order of events that
[01:53:32.200 --> 01:53:34.200]  Occurred in the case
[01:53:34.200 --> 01:53:36.200]  And that would include the filing of documents
[01:53:36.200 --> 01:53:38.200]  Setting of hearings
[01:53:38.200 --> 01:53:40.200]  And orders that were issued by
[01:53:40.200 --> 01:53:42.200]  The court
[01:53:42.200 --> 01:53:44.200]  We have frequently found that
[01:53:44.200 --> 01:53:46.200]  There are things
[01:53:46.200 --> 01:53:48.200]  On the docket sheet, and things that have been filed
[01:53:48.200 --> 01:53:50.200]  That weren't told to the
[01:53:50.200 --> 01:53:52.200]  Party
[01:53:52.200 --> 01:53:54.200]  Meaning that who accidentally
[01:53:54.200 --> 01:53:56.200]  On purpose, the attorney didn't send you
[01:53:56.200 --> 01:53:58.200]  A copy
[01:53:58.200 --> 01:54:00.200]  That's an
[01:54:00.200 --> 01:54:02.200]  Objection
[01:54:02.200 --> 01:54:04.200]  The issue is that anything that occurs
[01:54:04.200 --> 01:54:06.200]  That's not by the rule
[01:54:06.200 --> 01:54:08.200]  In most jurisdictions around the country
[01:54:08.200 --> 01:54:10.200]  The way that they've been twisting the law
[01:54:10.200 --> 01:54:12.200]  Is that you don't know the rules and you don't
[01:54:12.200 --> 01:54:14.200]  Object timely
[01:54:14.200 --> 01:54:16.200]  You waive the objection
[01:54:16.200 --> 01:54:18.200]  Let me say that again
[01:54:18.200 --> 01:54:20.200]  I want everybody to understand this
[01:54:20.200 --> 01:54:22.200]  This is where the whole system has gone
[01:54:22.200 --> 01:54:24.200]  Off the rails
[01:54:24.200 --> 01:54:26.200]  If you don't know the rules
[01:54:26.200 --> 01:54:28.200]  And they violate a rule, whoever they is
[01:54:28.200 --> 01:54:30.200]  The other attorney, the other side
[01:54:30.200 --> 01:54:32.200]  The prosecutor, the government
[01:54:32.200 --> 01:54:34.200]  And they violate a series of rules
[01:54:34.200 --> 01:54:36.200]  And you don't object in writing
[01:54:36.200 --> 01:54:38.200]  Everything has to be in writing
[01:54:38.200 --> 01:54:40.200]  You don't object timely in writing
[01:54:40.200 --> 01:54:42.200]  You waive the rule
[01:54:42.200 --> 01:54:44.200]  Now, I have some problems
[01:54:44.200 --> 01:54:46.200]  With that premise
[01:54:46.200 --> 01:54:48.200]  From the standpoint that
[01:54:48.200 --> 01:54:50.200]  Statutes require the government to conduct themselves
[01:54:50.200 --> 01:54:52.200]  In a certain manner
[01:54:52.200 --> 01:54:54.200]  I have a hard time believing that a statute
[01:54:54.200 --> 01:54:56.200]  Can be just disregarded
[01:54:56.200 --> 01:54:58.200]  And if you don't object to it
[01:54:58.200 --> 01:55:00.200]  The objection of that statute doesn't exist
[01:55:00.200 --> 01:55:02.200]  But that's another discussion
[01:55:02.200 --> 01:55:06.200]  One of the things we talk about doing
[01:55:06.200 --> 01:55:08.200]  As far as a
[01:55:08.200 --> 01:55:10.200]  A general objection
[01:55:10.200 --> 01:55:12.200]  In original pleadings
[01:55:12.200 --> 01:55:14.200]  Or original answers
[01:55:14.200 --> 01:55:16.200]  Is to put a paragraph in
[01:55:16.200 --> 01:55:18.200]  And hopefully Randy will make this paragraph available
[01:55:18.200 --> 01:55:20.200]  And I'm paraphrasing it
[01:55:20.200 --> 01:55:22.200]  Is put a general, what we refer to as
[01:55:22.200 --> 01:55:24.200]  A Mother Hubbard objection in
[01:55:24.200 --> 01:55:26.200]  The first place
[01:55:26.200 --> 01:55:28.200]  You say this party objects
[01:55:28.200 --> 01:55:30.200]  To any deviations of the rules of court
[01:55:30.200 --> 01:55:32.200]  Local rules, including
[01:55:32.200 --> 01:55:34.200]  But not limited to statute
[01:55:34.200 --> 01:55:36.200]  Precedent law, etc, etc, etc
[01:55:36.200 --> 01:55:38.200]  Constitution
[01:55:38.200 --> 01:55:40.200]  And you essentially cover all of the things
[01:55:40.200 --> 01:55:42.200]  That they could possibly deviate from
[01:55:42.200 --> 01:55:44.200]  So what you're saying is right from the beginning
[01:55:44.200 --> 01:55:46.200]  I'm going, I'm objecting to any deviation of
[01:55:46.200 --> 01:55:48.200]  Rule of law
[01:55:48.200 --> 01:55:50.200]  And you've been
[01:55:50.200 --> 01:55:52.200]  Specific enough to
[01:55:52.200 --> 01:55:54.200]  You know, specify statute
[01:55:54.200 --> 01:55:56.200]  Rules, regulations
[01:55:56.200 --> 01:55:58.200]  Processes, precedents, all of that
[01:55:58.200 --> 01:56:00.200]  So at a later date if they say
[01:56:00.200 --> 01:56:02.200]  Oh well you didn't object in time
[01:56:02.200 --> 01:56:04.200]  Excuse me, page one
[01:56:04.200 --> 01:56:06.200]  Pleading, answer
[01:56:06.200 --> 01:56:08.200]  Bottom of page one, I generally object
[01:56:08.200 --> 01:56:10.200]  Say I can't say you didn't object
[01:56:10.200 --> 01:56:12.200]  Then the issue becomes
[01:56:12.200 --> 01:56:14.200]  Preemptive
[01:56:14.200 --> 01:56:16.200]  Pardon
[01:56:16.200 --> 01:56:18.200]  Then the issue becomes
[01:56:18.200 --> 01:56:20.200]  Can you offer a preemptive objection
[01:56:20.200 --> 01:56:22.200]  But the issue
[01:56:22.200 --> 01:56:24.200]  Cannot become did you offer the
[01:56:24.200 --> 01:56:26.200]  Objection
[01:56:26.200 --> 01:56:28.200]  You know
[01:56:28.200 --> 01:56:30.200]  Excuse me
[01:56:30.200 --> 01:56:32.200]  I've seen
[01:56:32.200 --> 01:56:34.200]  And there
[01:56:34.200 --> 01:56:36.200]  Exists
[01:56:36.200 --> 01:56:38.200]  A
[01:56:38.200 --> 01:56:40.200]  Emotion
[01:56:40.200 --> 01:56:42.200]  Can you hold just a second, you're breaking up again
[01:56:42.200 --> 01:56:44.200]  Can you move closer
[01:56:44.200 --> 01:56:46.200]  To the transmitter or to the receiver
[01:56:46.200 --> 01:56:48.200]  Packing up
[01:56:48.200 --> 01:56:52.200]  Okay, I think we may be losing Ken
[01:56:52.200 --> 01:56:54.200]  Deb
[01:56:54.200 --> 01:56:56.200]  Ken, are you there?
[01:56:56.200 --> 01:56:58.200]  I heard that
[01:56:58.200 --> 01:57:00.200]  Ken
[01:57:00.200 --> 01:57:02.200]  Now you're getting up, Deb
[01:57:02.200 --> 01:57:04.200]  Okay, we're going to try
[01:57:04.200 --> 01:57:06.200]  Packing up
[01:57:06.200 --> 01:57:08.200]  Packing up
[01:57:08.200 --> 01:57:10.200]  Packing up
[01:57:10.200 --> 01:57:12.200]  Packing up
[01:57:12.200 --> 01:57:14.200]  Packing up
[01:57:14.200 --> 01:57:16.200]  Packing up
[01:57:16.200 --> 01:57:18.200]  Okay, we're going to try
[01:57:18.200 --> 01:57:20.200]  Okay
[01:57:20.200 --> 01:57:22.200]  I didn't hear that
[01:57:22.200 --> 01:57:24.200]  Stop talking for a moment, Ken
[01:57:24.200 --> 01:57:26.200]  See if the line clears out
[01:57:26.200 --> 01:57:28.200]  But this is something Ken and I have talked about
[01:57:28.200 --> 01:57:30.200]  When you
[01:57:30.200 --> 01:57:32.200]  File the Mother Hubbard motion
[01:57:32.200 --> 01:57:34.200]  You've at least made the objection
[01:57:34.200 --> 01:57:36.200]  Now what they're going to come back and do
[01:57:36.200 --> 01:57:38.200]  And say is
[01:57:38.200 --> 01:57:40.200]  Well, you can't object to something
[01:57:40.200 --> 01:57:42.200]  That hasn't happened yet
[01:57:42.200 --> 01:57:44.200]  And we're going to say
[01:57:44.200 --> 01:57:46.200]  We can't
[01:57:46.200 --> 01:57:48.200]  Prove it
[01:57:48.200 --> 01:57:50.200]  So we put them through their proof
[01:57:50.200 --> 01:57:52.200]  So the argument becomes not
[01:57:52.200 --> 01:57:54.200]  Did they raise the objection or not
[01:57:54.200 --> 01:57:56.200]  But did they raise the objection
[01:57:56.200 --> 01:57:58.200]  In a timely matter
[01:57:58.200 --> 01:58:00.200]  And it puts the other side on a
[01:58:00.200 --> 01:58:02.200]  Lesser footing
[01:58:02.200 --> 01:58:04.200]  Than they would have been
[01:58:04.200 --> 01:58:06.200]  Had we missed it all together
[01:58:08.200 --> 01:58:10.200]  Okay, I only got part of that
[01:58:10.200 --> 01:58:12.200]  But I got the gist of what you were talking about
[01:58:12.200 --> 01:58:14.200]  Okay, listen, we're going to break
[01:58:14.200 --> 01:58:16.200]  Ken, hold on the line
[01:58:16.200 --> 01:58:18.200]  Okay
[01:58:18.200 --> 01:58:46.200]  Alright, we'll be back on the other side
[01:58:48.200 --> 01:58:50.200]  Now I know the girl
[01:58:50.200 --> 01:58:52.200]  I've seen you get
[01:58:52.200 --> 01:58:54.200]  I know you broke them hearts
[01:58:54.200 --> 01:58:56.200]  Well, after nothing, I bit by bit
[01:58:56.200 --> 01:58:58.200]  You made them cry
[01:58:58.200 --> 01:59:00.200]  Many poor girls cry
[01:59:00.200 --> 01:59:02.200]  When they try to keep you happy
[01:59:02.200 --> 01:59:04.200]  They just try to keep you satisfied
[01:59:04.200 --> 01:59:06.200]  Mr. Big Stuff, tell me, tell me
[01:59:06.200 --> 01:59:08.200]  Who do you think you are
[01:59:08.200 --> 01:59:10.200]  Mr. Big Stuff
[01:59:10.200 --> 01:59:12.200]  You never know
[01:59:12.200 --> 01:59:14.200]  Who do you think you are
[01:59:14.200 --> 01:59:16.200]  Mr. Big Stuff
[01:59:16.200 --> 01:59:20.200]  You're never gonna get my love
[01:59:30.200 --> 01:59:32.200]  I'd rather give my love to
[01:59:32.200 --> 01:59:34.200]  A poor guy
[01:59:34.200 --> 01:59:36.200]  That has a love that's true
[01:59:36.200 --> 01:59:38.200]  Than to be fooled around
[01:59:38.200 --> 01:59:40.200]  And get hurt by you
[01:59:40.200 --> 01:59:42.200]  Cause when I give my love
[01:59:42.200 --> 01:59:44.200]  I want love in return
[01:59:44.200 --> 01:59:46.200]  I want love in return
[01:59:46.200 --> 01:59:48.200]  Now I know this is a lesson
[01:59:48.200 --> 01:59:50.200]  Mr. Big Stuff, you haven't learned
[01:59:50.200 --> 01:59:52.200]  Mr. Big Stuff, tell me
[01:59:52.200 --> 02:00:20.200]  Who do you think you are