The following is a reproduction of the Operational Guidelines for the People's Court of Common Law of Tarrant county, Milam district in the Republic of Texas.
They are called "Guidelines," because it is not an attempt to create "rules," "laws" or "statutes" but rather an explanation of the "standard operational procedures" commonly used in this court. - The Webmaster
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The People's Court of Common
Law
Tarrant county, Milam district, Republic1of
Texas2
"Common Law - Do no harm to another or his/her property;
your word is your bond."
PRIMARY RULE OF COURT OPERATION:
"Let Everything Be Done Decently and Orderly"
Preface: There is no distinction in common law between "civil"3and "criminal"4 in the sense that there is in statutory law. All cases presented to this court shall be by the Demandant5(damaged party) and the Respondent(s)6 or the counsel(s) of their choice. The exception is when the damaged party is incapacitant or deceased and there is no one to represent said party. In such case a District Counsel, elected by the People, may represent. All suits in Common Law arise from harming another or his/her property, or by violating one's word.
Procedural Guidelines
I. Filing Suits at Common Law
1. Filing fees: A filing fee is necessary to cover the costs of operating the court and processing documents. The fee schedule is subject to change with as much advance notice as possible being given in the event of changes. The fee schedule will be modified to add items as necessary. Fees may be waived when necessary by requesting waiver.
Filing a case: 5 oz. 99% Fine Silver
Citation(s): 1 oz. 99% Fine Silver
2. Donations: Donations will be accepted by the court, and greatly appreciated, until such time as filing fees and/or other funding supports the costs and operation of the court.
3. Filing a suit or other Documents: Documents to be filed into the court record are to be delivered to the clerk of the court either in person or by mail7 to the court mailing location. A sufficient number of copies are to be filed for the Demandant* and all Respondents* to receive a file stamped copy with an original being retained by the court. A case number will be assigned by the court clerk when the original suit is filed. It is the Demandant's* and Respondent's* responsibility to prepare or have prepared and file all the necessary paperwork for the jury to consider including the "Demandants* Original Declaration by Affidavit"8, "Finding of Facts"9 and "Order and Judgment"10.
4. Citations (Serving a Lawsuit on the Respondent*): Upon the original filing of a suit a citation must be issued by the court and the Respondent(s)* must be served with the citation, a copy of the suit, and a copy of these Procedural Guidelines.. The Demandant* must provide accurate and complete information as to where the Respondent(s)* may be served. The Demandant* must communicate with the clerk as to whether personal service is possible or if service must be by registered mail*. Personal service is to be done unless it is not possible or practical.
5. Court Dates: Either party may request a court date for the jury to hear the case. The Court is responsible for notifying the other party and must have proof of service of the notice. A court date will not be set until a request is made by the Demandant* or the Respondent*. If no request is made within 60 days, the suit will be dismissed.
II. NOTICE TO PARTIES
The most important aspect of Common Law is "Due process." This begins with "Notice and Grace." It is imperative that proper notice is given to all parties to a suit and that all parties have the right to respond. The Notice is by citation and includes a court date, if one has been set. The Respondent* has 21 days after receipt of the Notice to reply to the Court.
Citation: The citation shall be issued by the court clerk. It shall identify the parties to the suit and contain the case number and the phrase "You have been sued in common law venue. A trial date has been set for _________________, or is yet to be set. If you do not appear for trial, a default judgment may be taken against you."The citation must contain an original signature of the clerk of the court and the court seal must be affixed. The response date should be at least 21 calendar days from the date of service and a copy of these procedural guidelines must accompany the citation and a copy of the suit. Personal service will be done whenever possible. Registered mail* will be used for service if personal service is not possible or completely impractical.
III. COURT OFFICERS AND PROCEDURES
Jury: Jury Defined: Twelve (12) people age 18 or over who ably and willingly set aside prejudice; not of kin, not personally dependent on any party; domiciling within jurisdictional limits of the court.
Jury will be impaneled by lot from the available jury pool. The jury pool should be instructed by the Justice or the Bailiff of their duty and obligation to be fair and honest regarding their oath to set aside all prejudice, that they are responsible for their decisions, and should be instructed that if there is evidence of a violation or perjury of oath that they would be subject to a suit for damages by any party to the case being heard. The honesty and integrity of each juror is absolutely vital to the due process required in common law. Names will be drawn for jury selection by bailiff. 12 names will be drawn for a panel of twelve (12) jurors and names will be drawn for the desired number of alternates. Each party may question the jury and each shall have the right to remove jurors. When a juror is removed, an alternate will replace the juror and the bailiff will draw an additional name to replace the alternate.
After final jury selection is made, the Bailiff will administer the following: "I, **name**, will examine the facts of the case as they are presented to me, and the applicable laws of this nation, and in common law, as it pertains to each case, consciously void of prejudice, so help me God."
The jury will then elect a jury Foreman from the members of the jury panel. The jury will be the judge of the relevance of testimony and evidence upon objection to same by any party or by the Justice. The jury will determine the law and the facts of each case and render their decision, verdict and/or order concerning all aspects of the case as they deem just and proper whether or not Respondents* are present. No juror will leave the jury box during the trial, unless dismissed or given permission by the Justice.
Jurors may question witnesses on pertinent and relevant issues in order to seek and find the truth and gain enough information and understanding to render a just and proper decision. Jurors may discuss among themselves any topic that is relevant to the case being heard, but at no time are jurors to converse with gallery observers. If outside reference material is needed the Justice will direct the bailiff to secure such material or competent witnesses to testify to the subject at hand. If necessary, at the discretion of the jury, deliberations may be held privately until a verdict is reached. All decisions of the jury must be unanimous for the Demandant* to prevail except in the case of a hearing on a temporary restraining order, when the decision must be a two thirds (2/3) majority for issuance of such order.
Justice: The Justice of the court shall be domiciled in Milam district and elected by the people of Milam district. The Justice shall preside over, and keep order in, all proceedings of the court according to the Primary Rule "Let Everything Be Done Decently and Orderly." He may instruct the bailiff to eject anyone that is unruly, attempts to converse with the jury during a trial or is in any way disruptive of the proceedings. The Justice will coordinate with the court clerk on all cases coming before the court making sure that all paperwork submitted is complete and proper. The Justice shall review all cases brought before the court prior to the jury hearing the case. The Justice shall determine whether all parties involved in the case are present. The Justice may issue or cause to be issued subpoenas, writs, temporary restraining orders or other processes and communications necessary for proper operation of the court. The Justice shall be on call at all times unless relieved by an associate Justice of the same district.
Clerk(s) of the Court: The Clerk of the court shall be domiciled in Milam district and elected by the people of Milam district. The clerk shall oversee all filings with the court, be responsible for keeping of all records, as well as recording of court session (written, audio or video tape) at all court hearings. The clerk shall keep all files pertaining to each case as a court of record and shall maintain said files at court expense at such place as to safeguard said records and files. The clerk shall place the seal of the court on all documents where seal is necessary and witness the authenticity of the documents. The clerk shall collect all filing fees at time of filing of cases.
Bailiff: The bailiff shall be domiciled in Milam district and elected by the people of Milam district. The bailiff will work in concert with the Clerk and the Justice. The bailiff will call and impanel the jury and call witnesses. The bailiff will administer an oath to jurors and witnesses. The bailiff will maintain order in the courtroom in concert with the Justice. The bailiff will assist the court clerk in his/her duties in handling the paperwork. The bailiff will not enter jury discussions about a case being heard or a trial in progress. The bailiff will secure reference material for the court when such material is requested by the jury or the Justice.
County or District Counsel: The County or District Counsel shall be domiciled in Milam district and elected by the people of Milam district. The county or district counsel, when representing a party, will obtain all possible facts and information concerning the damage to the party being represented, using all possible sources and resources, in order to be able to present same to the jury. The county or district counsel will at all times be engaged in the search for the truth and will present the whole truth to the jury. The county or district counsel will be sworn to the truth the same as any other witness. The county or district counsel will coordinate with the court clerk for case numbers, docketing and court dates. The county or district counsel will prepare all necessary paperwork for the case and file same with the court clerk. The county or district counsel's term of office will be for two years. The county or district counsel's activities and performance will be subject to review by the people at all times. If the county or district counsel's performance is found to be insufficient or if he/she is found to be lacking in diligence in the search for truth or found to be withholding the truth from the jury in a trial in any case a recall election may be held by the body politic and he/she may be replaced in such manner for the remainder of his/her term. The county or district counsel may serve a maximum of two consecutive terms.
IV. REPRESENTATION OF PARTIES
Counsel of Choice: All parties to a suit or action in the Common Law Court are entitled and expected to present their own case or to be represented by another natural person of their choice. A party must be present to testify to the fact that the person representing him/her is the one of his/her choice or provide an affidavit or other written authorization establishing that fact. Such representation may be made by any natural person chosen by a party to the suit.
District Counsel: There is no distinction in common law between "civil"* and "criminal"* in the sense that there is in statutory law. When the damaged party is incapacitant or deceased the District Counsel may represent said party.
[Webmaster's Note: It is generally understood that in Common Law, the "District Counsel" is to insure that the rights of both parties to a suit are upheld, unlike the statutory "District Attorney or Prosecutor," who usually is concerned only with "winning a case against the defendant," in defense of "the public welfare."]
Attorneys: A bar card or "licensed" attorney may not function in the Common Law Court as a "licensed attorney" as Titles of Nobility are not permitted in common law.
Oath of Counsel: Anyone representing another as counsel in the Common Law Court must take an oath or make other statement that is acceptable to the court that he will be truthful in all representations to the jury and the court, and will not present false, fraudulent, incorrect or misleading material, statements or evidence and is bound by the truth the same as any witness.
V. PARTIES TO ACTIONS
The People's Court of Common Law is a court of the people, by the people, and for the people. Legally or artificially created entities, such as corporations, are not compatible with the common law and may not enter the court, as only living, natural people, can be present. A corporation may not be sued in the People's Court of Common Law. All parties to actions in the People's Court of Common Law will enter by their full given name/appellation.
****************************** CONCLUSION ******************************
These Procedural Guidelines are under constant scrutiny and revision by the body politic that forms the court. In Common Law, Juries are the judges of the facts, the law and the rules of evidence. The Jury is the ultimate decision maker on any given case but in no event may the jury violate the common law, especially in reference to due process.
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1. Republic: From the Latin - respublica,
meaning "a public affair." A commonwealth. A state in which the sovereign
power resides in the electorate, and is exercised by their representatives,
who are responsible to the people who elected them.
NOTE: The People's Court of Common Law is NOT
a department or branch of the Provisional Government
of the Republic of Texas,* and, therefore, is not regulated by said
government.
2. Republic of Texas: The sovereign nation-state which occupies most of the land that once formed the northern portion of the "Estado de Coahuila y Tejas," a department of the Republic of Mexico. The Republic of Texas declared its independence in 1836, was fraudulently annexed as a state of the union of American States in 1845, withdrew from said annexation in 1861, and was invaded by the Union Army in 1865. The Republic has since been held as a captive nation, and has operated as the "STATE OF TEXAS," under threat, duress and coercion, by force of arms. In December of 1995, the Delegates in Convention initiated the restoration of the Republic by approving a new "Plans and Powers" and electing a new Provisional Government, charging them with the task of restoring the sovereignty and independence of the Republic.
3. Civil: In Statutory Law, the laws regulating "private" matters, as distinct from criminal, political or military matters. A system of law exercised in the Roman Empire, distinct from common law and cannon law.
4. Criminal: In Statutory Law, the laws dealing with actions considered injurious to the public welfare and legally prohibited. As distinct from Civil Law.
5. Demandant: The accuser. The individual who alleges having been injured or wronged by the Respondent*. In statutory law, this individual is refered to as "Plaintiff or Complainant."
6. Respondent: The accused. The individual alleged to have wronged or injured the "Demandant,"* and the one given notice and opportunity to respond to the accusations before a jury. In statutory law, this individual is refered to as "Defendant."
7. Mail: When mailed, this filing should normally be sent in by "Registered" mail, as well as the notices to Respondents.
8. Affidavit: A written declaration of facts, under oath. Used to formulate the accusation against the respondent, and to prepare a response, if so desired.
9. Finding of Facts: Document in which is stated a determination of facts by the court.
10. Order and Judgement: Document stating disposition of action by the court, through verdict and sentence, where applicable.
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