Cause No(s). _____________________________

The State of Texas			§           IN THE _________________________ COURT 
					§	   
VS.           		                      	§	 ________________________________________						§	 	
____________________________   	§ 	__________________ COUNTY, TEXAS

Judicial Notice
Pursuant under 201(d) of the Texas and Federal Rules of Evidence
MANDATORY
Public Law 93-595: A Court shall take Judicial Notice if requested by a party and supplied with the necessary information.

MOTION TO CHALLENGE 
SUBJECT MATTER JURISDUCTION 

I, _________________________________, a living man without benefit of counsel, hereinafter known as the Accused, and by special appearance, moves this court to Dismiss the above cause and states the following:
1.	The Accused was forced to sign traffic citations associated to the above cause(s) under threat, coercion and duress which voids the promise to appear, which forms an unconscionable contract. 
Knowing failure to disclose material information necessary to prevent statement from being misleading, or making representation despite knowledge that it has no reasonable basis in fact, are actionable as fraud under Texas law.  Rubinstein v. Collins, 20 F.3d 160, 1990.

2.	The Accused was not paid consideration to perform the obligation of the promise to appear under the Texas Business and Commerce Code Section 3.408..
3.	No antecedent obligation of the Accused to be subjected to a liability associated with the above cause has been submitted into evidence.
4.	The Accused was not involved in commerce at the time of the traffic stop.
5.	The Accused’s body is not a vessel as described in 18 U.S.C. 7(1).
6.	The automobile the Accused was traveling in during the traffic stop is not a vessel as described in 18 U.S.C. 7(2).

United States Code Title 18
§ 7. Special maritime and territorial jurisdiction of the United States defined 
The term "special maritime and territorial jurisdiction of the United States", as used in this title, includes: 
•(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State. 
•(2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.

7.	There is no contract between the plaintiff and the accused which gives the plaintiff interest in the Accused and no evidence of such interest has been admitted into evidence.
8.	There is no contract between the plaintiff and the accused which gives the plaintiff interest in the Accused’s private automobile and no evidence of such interest has been admitted into evidence.
9.	The Accused has been denied the Nature and Cause of the accusations associated with the above cause.
The constitutional right to be informed of the nature and cause of the accusation entitles the defendant to insist that the indictment apprise him of the crime charged with such reasonable certainty that he can make his defense and protect himself after judgment against another prosecution on the same charge.  United States v. Cruikshank, 92 U.S. 542, 544, 558 (1876); United States v. Simmons, 96 U.S. 360 (1878); Bartell v. United States, 227 U.S. 427 (1913); Burton v. United States, 202 U.S. 344 (1906).

10.	No legitimate information has been filed in to evidenced associated with the above cause.
If an offense cannot be accurately and clearly described without an allegation that the accused is not within an exception contained in the statutes, an indictment which does not contain such allegation is defective.  United States v. Cook, 84 U.S. (17 Wall.) 168, 174 (1872).

11.	Article 5, Section 12(b) of the Texas Constitution states that the court does not have jurisdiction until the information is filed into court.
Texas Constitution - Article 5, Section 12(b)
“… The presentment of an indictment or information to a court invests the court with jurisdiction of the cause.

12.	The prosecution has the burden of proof to show that the court has subject matter jurisdiction.
"A man must assign a good reason for coming (to the court).  If the fact is denied, upon which he grounds his right to come (into the court), he must prove it.  He, therefore, is the actor in the proof, and, consequently, he has no right, where the point is contested, to throw the onus probandi on the defendant."  Maxfield's Lessee v. Levy, 4 U.S. 330.  [Emphasis added]

13.	The Accused demands this court to take Judicial Notice that it does not have subject matter jurisdiction.
When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost. Rankin v. Howard, (1980) 633 F.2d 844, cert. den. Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326. 

A judge must be acting within his jurisdiction as to subject matter and person, to be entitled to immunity from civil action for his acts. Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938). 

When a judicial officer acts entirely without jurisdiction or without compliance with jurisdiction requisites he may be held civilly liable for abuse of process even though his act involved a decision made in good faith, that he had jurisdiction.  Little v. U.S. Fidelity & Guaranty Co., 217 Miss. 576, 64 So. 2d 697. 

"No judicial process, whatever form it may assume, can have any lawful authority outside of the limits of the jurisdiction of the court or judge by whom it is issued; and an attempt to enforce it beyond these boundaries is nothing less than lawless violence." Ableman v. Booth, 21 Howard 506 (1859). 

"We (judges) have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given.  The one or the other would be treason to the Constitution."  Cohen v. Virginia, (1821), 6 Wheat. 264 and U.S. v. Will, 499 U.S. 200.

Whereas, the Accused states that this court lacks subject matter jurisdiction and demands that this case be dismissed.

Respectfully,

_________________________________

Cause No(s). _____________________________

The State of Texas			§           IN THE _________________________ COURT 
					§	   
VS.           		                      	§	 ________________________________________						§	 	
____________________________   	§ 	__________________ COUNTY, TEXAS

ORDER ON MOTION TO CHALLENGE 
SUBJECT MATTER JURISDICTION

 	On this the                           day of                                         , 200__, came on to be heard the Accused’s Motion to Challenge Subject Matter Jurisdiction for the above entitled and numbered cause(s), and the court, having heard the said motion, and the evidence thereon submitted, is of the opinion that said Motion should be
                    Granted and the Charge is Dismissed.
                    Denied, Grounds Being ________________________________________________
______________________________________________________________________________

	Signed and entered this                day of                            ,  200__. 

          
					_____________________________
						Judge Presiding

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the forgoing has been delivered to the following party or counsel of record via certified mail, return receipt requested, hand delivery or fax on this ______  day of ________________________, 200__.
______________________________________
______________________________________
______________________________________

_________________________________

INSTRUCTIONS

This document is filed for the purpose to establish reasons and authority that the court does not have subject matter jurisdiction. Read it. It may need to be changed for your circumstances. This document should be filed at least 10 days before the pretrial. This document is important for the appeal.

Line 1: Where you put the cause numbers of the case.
Line 2: Put either ‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)
Line 4: Put your name in Upper and Lower Caps.
Line 5: Put whatever county the court is in – like – “Galveston”.
Line 6: Put your name in Upper and Lower Caps.
Line 7: Sign your name, print your name in Upper and Lower Caps then below that print your address.
Line 8: Where you put the cause numbers of the case.
Line 9: Put either ‘Municipal’, ‘Justice of the Peace’ or County.
Line 10: Put  either ‘In the City of (whatever City)”, “Precinct (whatever number)” or “(whatever county Court it is – like – At Law #11)
Line 11: Put your name in Upper and Lower Caps.
Line 12: Put whatever county the court is in – like – “Galveston”.
Line 13: Leave for the Judge to fill out.
Line 14: Leave for the Judge to fill out.
Line 15: Leave for the Judge to fill out.
Line 16: Leave for the Judge to fill out.
Line 17: Leave for the Judge to fill out.
Line 18: Leave for the Judge to fill out.
Line 19: Leave for the Judge to fill out.
Line 20: Leave for the Judge to fill out.
Line 21: Leave for the Judge to fill out.
Line 22: Leave for the Judge to fill out.
Line 23: Leave for the Judge to fill out.
Line 24: Put the numbered day of the Month that you serve a copy of this document to the prosecutor.
Line 25: Put the name of the Month that you serve a copy of this document to the prosecutor.
Line 26: Put the last number of the year that you serve a copy of this document to the prosecutor. – like - 2001 .
Line 27: Put “ Prosecutor for (Whatever Court)
Line 28: Put the street address where the prosecutor will be served.
Line 29: Put the City, State and Zipcode where the Prosecutor will be served.
Line 30: Sign your name, print your name in Upper and Lower Caps then below that print your address.

Original goes to the clerk of the court, one copy to the Prosecutor and one copy for you to keep and have stamped by the clerk. Be sure and NOT include the instruction sheets.