STATE OF INDIANA - Preparing Oneself for Indiana Court
STATE OF INDIANA ) IN THE XXXXXXXXXX COURT
) SS: XXXXXXXXXXXX
COUNTY OF XXXXXXX )
CASE NO: XXXXXXXXXXX
DATE: XXXXXXXX
STATE OF INDIANA,
Plaintiff,
V.
YOUR NAME,
Defendant
VERIFIED MOTION TO DISMISS WITH PREJUDICE
I, name, Sui Juris, hereby come for the above mentioned pending action, move to dismiss the Class
A infraction regarding the alleged violation of I.C. 9- 24-19-1 with the above case number, with prejudice
based on the following (if any and all charges in this matter have not been dismissed per my MOTION
TO DISMISS [Document Number #xx], given to the court on DATE):
The court, and any judge / magistrate presiding over this case, are employed by the same
employer as the only potential witness(s) for the plaintiff. This presents a conflict of interest.
The court has shown, in it’s own paperwork, that it has already decided guilt in this case on the
part of the defendant. A trial has not taken place yet, so the court is prejudiced in favor of the plaintiff.
The copy of the paperwork in question has been attached to this motion.
The paperwork is labeled as an “ORDER TO APPEAR FOR HEARING”. It then states: “DATE
OF OFFENSE: DATE” and “OFFENSE: DWS”. This document originating from the court, clearly
shows that the court already has decided that an offense occurred. In it’s own words, the court has stated
that an offense occurred and occurred on a certain date. If it were not the courts view of the case, the court
would have labeled all references as ALLEGED offence. This document originated from the court that
would be rendering a verdict in this case. This court that has already stated that an offense occurred,
before hearing facts and testimony from the defense, is clearly prejudiced, and therefore unable to render a
fair and unbiased verdict.
I hereby move that the entire contents of this document, and attachments to this document, be
hereby entered into the record for any appeal or Trial de novo, if either, or both, are needed.
In conclusion, the court presiding over this case is prejudiced in this case for the above stated
reasons, and therefore I demand that this case be dismissed with prejudice.
I have not, and do not, waive my right to a speedy trial, guaranteed by Article 1, Section 12 of the
Constitution of the State of Indiana, and cannot be compelled to.
If the court decides not to dismiss with prejudice per this verified motion, I demand a written
explanation stating the specific reason for it’s decision, with State of Indiana specific law backing up it’s
decision; to be mailed to and received by myself at YOUR ADDRESS, no later than DATE (7 days before
the next scheduled hearing).
I, your name, consistent with my conscience, based on my religious belief, cannot swear to an oath,
but make my yea, yea, and my nay, nay.
Matthew 5:34-37
But I say unto you, Swear not at all; neither by heaven; for it is God's throne: Nor by the earth; for it is his footstool: neither by Jerusalem; for it is the city of the great King. Neither shalt thou swear by thy head, because thou canst not make one hair white or black. But let your communication be, Yea, yea; Nay, nay: for whatsoever is more than these cometh of evil.
This is sufficient for any affirmation, according to The Constitution of the State of Indiana, Article 1,
Section 8 and I.C. 34-45-1-2, that all the foregoing statements are true:
The Constitution of the State of Indiana, Article 1, Section 8.
The mode of administering an oath or affirmation, shall be such as may be most consistent with, and binding upon, the conscience of the person, to whom such oath or affirmation may be administered.
I.C. 34-45-1-2
Sec. 2. Before testifying, every witness shall be sworn to testify the truth, the whole truth, and nothing but the truth. The mode of administering an oath must be the most consistent with and binding upon the conscience of the person to whom the oath may be administered.
As added by P.L.1-1998, SEC.41.
Dated this xxxx day of xxxxx, 200x
Your name
Your address
Sui Juris
CERTIFICATE OF SERVICE
I hereby state, consistent with the above statement, that I have had this VERIFIED MOTION FOR CONTINUANCE hand-delivered / mailed via Certified Mail Return, Receipt Requested, to the above XXXXXXX COURT, for the above stated matter.
Dated this xxxx day of xxxxx, 200x
Your name
Sui Juris
................
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