[00:00.000 --> 00:04.600]  This news brief brought to you by the International Newsnet.
[00:04.600 --> 00:09.480]  Kenneth Thompson, the lawyer for the hotel maid who accused former IMF chief Dominique
[00:09.480 --> 00:15.320]  Strauss-Kahn of sexually assaulting her, said Wednesday tape conversations prove his client
[00:15.320 --> 00:20.240]  had no intention of exploiting the charges against Strauss-Kahn to make money.
[00:20.240 --> 00:24.240]  After listening to the recording, Thompson said his client's phone conversation with
[00:24.240 --> 00:29.720]  a fellow African in an Arizona jail shows she dismissed the idea of making money from
[00:29.720 --> 00:30.720]  the case.
[00:30.720 --> 00:36.920]  In Yemen, 40 people were killed Thursday in clashes between Yemeni soldiers and armed
[00:36.920 --> 00:38.880]  tribesmen north of the capital.
[00:38.880 --> 00:43.120]  Thursday's clashes began when tribesmen attacked a base belonging to the Republican
[00:43.120 --> 00:50.120]  Guard, which responded by shelling and bombing tribal positions, killing a number of civilians.
[00:50.120 --> 00:54.960]  Former director of national intelligence, Dennis Blair, Thursday strongly criticized
[00:54.960 --> 00:57.640]  the U.S.'s reliance on drone strikes.
[00:57.640 --> 01:02.520]  Blair said the Obama administration should curtail drone strikes in Pakistan, Yemen and
[01:02.520 --> 01:08.480]  Somalia because missiles fired from unmanned aircraft are fueling anti-U.S. sentiment
[01:08.480 --> 01:12.560]  and undercutting reform efforts in those countries.
[01:12.560 --> 01:18.400]  In a significant escalation of anti-Iran rhetoric, the U.S. Treasury Department Thursday accused
[01:18.400 --> 01:23.600]  Tehran of having forged a secret deal with al-Qaeda to allow it to use its territory
[01:23.600 --> 01:27.880]  to transport money and operatives to Pakistan and Afghanistan.
[01:27.880 --> 01:32.720]  Treasury Undersecretary of Terrorism and Financial Intelligence David Cohen said by exposing
[01:32.720 --> 01:37.520]  Iran's secret deal with al-Qaeda, allowing it to funnel funds and operatives through
[01:37.520 --> 01:43.920]  its territory, we are illuminating yet another aspect of Iran's unmatched support for terrorism.
[01:43.920 --> 01:48.840]  The statement was the first public accusation by a senior administration official.
[01:48.840 --> 01:52.000]  Iran has a specific agreement with the terrorist group.
[01:52.000 --> 01:56.680]  It's almost certain to increase pressure from neocons and other hawks in Congress to take
[01:56.680 --> 01:59.480]  stronger action against Tehran.
[01:59.480 --> 02:04.080]  Allegations tying Saddam Hussein to al-Qaeda helped rally the U.S. public behind the war
[02:04.080 --> 02:07.440]  with Iraq eight years ago.
[02:07.440 --> 02:12.200]  The Treasury Department says the cost of health care and disability compensation for veterans
[02:12.200 --> 02:18.040]  from Iraq and Afghanistan and previous U.S. wars will cost nearly as much as the interest
[02:18.040 --> 02:19.680]  on the national debt.
[02:19.680 --> 02:23.320]  Including the current wars will not lower those veterans' costs.
[02:23.320 --> 02:28.320]  In fact, they will increase for decades as the veteran population from Iraq and Afghanistan
[02:28.320 --> 02:31.400]  expands, ages, and becomes more and firm.
[02:31.400 --> 02:35.720]  To date, more than 2.2 million troops have served in those wars.
[02:35.720 --> 02:39.760]  Studies show the peak years for government health care and disability compensation costs
[02:39.760 --> 02:45.440]  for veterans from past wars comes 30 to 40 years after those wars have ended.
[02:45.440 --> 02:50.400]  For Vietnam, that peak has not been reached, and Washington, the partisan stalemate over
[02:50.400 --> 02:55.720]  cutting federal spending, is now raising alarms among veteran groups that the seemingly inexorable
[02:55.720 --> 03:00.240]  cost of veterans' benefits will spur a backlash against those programs.
[03:00.240 --> 03:05.240]  For details on this story, visit INN4report.net.
[03:05.240 --> 03:16.560]  You are listening to the Rural Law Radio Network at RuralLawRadio.com.
[03:16.560 --> 03:26.560]  Live free speech talk radio at its best.
[03:26.560 --> 03:51.560]  Okay, we're back, Randy Kelton, Debra Steele, and we'll be right back with a new video.
[03:51.560 --> 04:07.840]  We're going to Ken, and Ken Goodman, who's going to talk about civil procedure.
[04:07.840 --> 04:13.520]  Ken, you want to kind of pick up what we left off last week, or if you have another place,
[04:13.520 --> 04:24.320]  just take it away.
[04:24.320 --> 04:29.920]  And we're collecting stories and information, and if for some reason somebody hears that
[04:29.920 --> 04:33.560]  there's something we're not addressing, and it seems like we're going to miss it, please
[04:33.560 --> 04:40.480]  send an email to either Mr. Kelton or Mr. Craig with regards to that, we'll obviously
[04:40.480 --> 04:48.600]  take it into consideration because we want to make this book a total works to, as a compilation
[04:48.600 --> 04:55.960]  to working conjunction with O'Connor's Texas Civil Trials, and that's going to be the other
[04:55.960 --> 04:58.200]  book that you have to have along with this one.
[04:58.200 --> 05:02.760]  No sense in reinventing the wheel, O'Connor's has done a great job of finding all the case
[05:02.760 --> 05:05.880]  law that supports the civil processes in Texas.
[05:05.880 --> 05:11.400]  What they've left out is how the non-attorney doesn't understand how to put all of the pieces
[05:11.400 --> 05:17.680]  together, and we're going to explain that as well as where most people go wrong and
[05:17.680 --> 05:21.880]  where the dirty little tricks are used.
[05:21.880 --> 05:31.640]  And for those people not in Texas, O'Connor's is a really good litigation guide, and all
[05:31.640 --> 05:40.920]  of the states have pretty well adopted the federal model standards for criminal codes,
[05:40.920 --> 05:47.760]  for criminal procedure, for civil procedure, so it's intended that way so you can go to
[05:47.760 --> 05:52.080]  about any state and pretty well understand the law.
[05:52.080 --> 06:00.120]  So even though this is Texas law, it will almost all of it will translate directly into
[06:00.120 --> 06:02.920]  any state's law and civil procedure.
[06:02.920 --> 06:05.120]  I'll shut up now.
[06:05.120 --> 06:08.640]  Yeah, this is Ken, and I agree with that.
[06:08.640 --> 06:11.920]  The only thing that will probably change is some of the rule numbers, how the rule is
[06:11.920 --> 06:17.880]  interpreted, the length, breadth, and width of the rule may change a little bit, and that's
[06:17.880 --> 06:20.360]  what you have to worry about, but I have seen that as well.
[06:20.360 --> 06:26.080]  I've seen some very good books written for California procedure years ago, and it covered
[06:26.080 --> 06:28.040]  a lot of the processes in Texas.
[06:28.040 --> 06:31.720]  There was only a few places which I can't even remember right now that you had to do
[06:31.720 --> 06:38.240]  additional research, but the basic construct of how a person without a lawyer would actually
[06:38.240 --> 06:44.480]  proceed in a civil court is a lot of the dirty little tricks that I mentioned that are going
[06:44.480 --> 06:50.360]  to write in detail in this book, and it's in almost every jurisdiction.
[06:50.360 --> 06:52.640]  It's the same dirty little tricks.
[06:52.640 --> 06:56.800]  So let's go through the table of contents since I've never gotten all the way through.
[06:56.800 --> 07:03.000]  The introduction, clerks, Texas courts, Texas rule of professional conduct, which is Texas
[07:03.000 --> 07:10.000]  Bar Act, Texas judicial rules, the civil process, that's where the actual individual rules of
[07:10.000 --> 07:12.480]  civil procedure will be identified.
[07:12.480 --> 07:17.480]  Pleading, that's basically anything that's filed in court is a pleading.
[07:17.480 --> 07:21.280]  Exhibits, exhibits can be looked at as kind of like evidence.
[07:21.280 --> 07:25.440]  They sometimes are evidence while they're in a pleading, but at some point in time if
[07:25.440 --> 07:29.840]  they're controverted, you have to actually have evidence to support whatever the exhibits
[07:29.840 --> 07:33.360]  are or establish the exhibits as actual evidence.
[07:33.360 --> 07:40.120]  Then nine, evidence, tenth, strategies, court strategies, how the process works, what you
[07:40.120 --> 07:42.880]  should do before you start the process.
[07:42.880 --> 07:46.800]  The first thing that a lot of people do is they write their original complaint, run right
[07:46.800 --> 07:50.960]  down and file it, and that's probably the worst way to go.
[07:50.960 --> 07:56.160]  I tell people all the time the metaphor of doing movies, which is put in the can, have
[07:56.160 --> 08:02.400]  it all in the can, that means put your entire case, all the motions you expect to file, all
[08:02.400 --> 08:08.360]  the motions you need to file against the anticipated responses from the other party, you need to
[08:08.360 --> 08:12.280]  have this all ready, even if you have to change it a little bit, at least if you've gone through
[08:12.280 --> 08:19.720]  that exercise once, it won't see so strange when you get a motion to compel for evidence
[08:19.720 --> 08:24.440]  or if they do a motion to protective order to deny you evidence.
[08:24.440 --> 08:28.600]  You've already seen this, you've already seen this argument, you already understand both
[08:28.600 --> 08:29.600]  elements of the argument.
[08:29.600 --> 08:35.120]  Now all you have to do is refine it to address their motion and then you file it.
[08:35.120 --> 08:40.560]  If you wait till the last minute, you'll never, ever catch up with the learning curve against
[08:40.560 --> 08:44.800]  lawyers that have been through the process probably for years.
[08:44.800 --> 08:50.960]  Legal research, legal research is probably the one area that Randy and I both have discussions
[08:50.960 --> 08:54.160]  with people out there that are not schooled in law.
[08:54.160 --> 08:58.360]  It's one of the biggest areas that we get a lot of contention and we get a lot of theories
[08:58.360 --> 09:06.760]  of, and I'm going to go ahead and use conspiracy theories and so forth, and the issue of legal
[09:06.760 --> 09:14.920]  research is the issue of finding case law that supports either statute, rules, process,
[09:14.920 --> 09:22.280]  behavior, and supports your case, or it's legal research that stands as a dyadic opposite
[09:22.280 --> 09:23.960]  of the other side's argument.
[09:23.960 --> 09:27.680]  It's something that defeats their arguments, makes them worthless.
[09:27.680 --> 09:33.760]  So legal research requires empirical evidence and the actual case law that on point you
[09:33.760 --> 09:40.080]  have to read the entire case, not just the subquote out of the case, the entire case.
[09:40.080 --> 09:44.360]  Next one is juries 12, number 13 is appeals.
[09:44.360 --> 09:48.560]  Everything you do in a trial court case is all about going to the appeals court.
[09:48.560 --> 09:53.920]  Never, ever, ever tell your attorney or the other side that you're afraid of going to
[09:53.920 --> 09:56.560]  the appeals court or you don't want to appeal it.
[09:56.560 --> 10:00.480]  All that's going to do is just paint a target on you for abusive process.
[10:00.480 --> 10:01.640]  The judge won't do it.
[10:01.640 --> 10:05.760]  You act like every single thing that they do wrong.
[10:05.760 --> 10:09.280]  If there's a rule against which side you're supposed to comb your hair on and they comb
[10:09.280 --> 10:15.760]  it on the wrong side, you file something in the court to make sure you preserve that error.
[10:15.760 --> 10:19.040]  14 will be the timetables.
[10:19.040 --> 10:25.160]  Timetables are basically something starts, you have so many days to complete it, the
[10:25.160 --> 10:30.600]  other side might file something against you, you have so many days to answer it.
[10:30.600 --> 10:35.960]  When you file the entire suit, you have so many days to bring it to a jury trial or a
[10:35.960 --> 10:37.240]  trial before the bench.
[10:37.240 --> 10:41.120]  I'm going to recommend right off the top of my head juries.
[10:41.120 --> 10:46.360]  The only reason I say that is because there's less ability for the court to screw around
[10:46.360 --> 10:50.600]  with a jury than it is for a single-minded individual on the bench regardless of how
[10:50.600 --> 10:55.040]  nice they may have seen during the pre-trial to screw around with the determination at
[10:55.040 --> 10:57.440]  the end.
[10:57.440 --> 11:04.320]  The timetables are very important because it specifies all the things you have to do
[11:04.320 --> 11:06.400]  within a prescribed period of time.
[11:06.400 --> 11:10.840]  Even though the trial may have ended, there's a timetable with regards to appeals.
[11:10.840 --> 11:17.280]  What documents have to be filed or you've waived your right to an appeal?
[11:17.280 --> 11:18.840]  I'll just throw this out there.
[11:18.840 --> 11:20.440]  The motion for new trial is it.
[11:20.440 --> 11:24.840]  You always, always, always file a motion for new trial.
[11:24.840 --> 11:30.800]  It just depends on what rules that demand, what you have to have in that motion for new
[11:30.800 --> 11:31.800]  trial.
[11:31.800 --> 11:36.440]  There's always a time deadline on that and you need to get it in within the time deadline
[11:36.440 --> 11:39.720]  and then you need to make sure you set a hearing for it.
[11:39.720 --> 11:44.640]  All motions, you have to set a hearing and that's part of what's going to be addressed
[11:44.640 --> 11:46.880]  in the Section 7 on pleadings.
[11:46.880 --> 11:48.880]  The last section I've got here is forms.
[11:48.880 --> 11:54.120]  There'll be a long appendix to this where we'll have some example pleadings and so forth
[11:54.120 --> 11:55.120]  like that.
[11:55.120 --> 11:58.160]  As a matter of fact, I've found some really interesting pleadings.
[11:58.160 --> 12:04.520]  The Dallas Cowboys franchise is being sued by one of their minor partner owners in the
[12:04.520 --> 12:07.800]  organization, Ross Perot Jr.
[12:07.800 --> 12:11.440]  I've got copies of some of the pleadings from that case and it's very interesting.
[12:11.440 --> 12:15.320]  The reason why you want to look at cases like that is we're talking about two billionaires
[12:15.320 --> 12:16.320]  suing each other.
[12:16.320 --> 12:20.520]  They're going to have money to buy attorneys and pay top dollar.
[12:20.520 --> 12:26.840]  We're talking why not learn from their pleadings and these may serve as an example of things
[12:26.840 --> 12:31.320]  to do and also things not to do or things to make sure you check since the one I found
[12:31.320 --> 12:36.760]  several typos in.
[12:36.760 --> 12:41.600]  Forms are going to be the general outline or templates of various motions.
[12:41.600 --> 12:48.040]  Various motions that you file, whether it be a new trial, a motion to compel, a motion
[12:48.040 --> 12:56.360]  for continuance, how these forms look and based on case by case basis, some of the language
[12:56.360 --> 13:01.960]  in each form may be needing to be expanded or deleted if it doesn't apply in your particular
[13:01.960 --> 13:03.960]  situation.
[13:03.960 --> 13:09.080]  But the general forms, O'Connor's has a general forms book as well.
[13:09.080 --> 13:12.360]  I think some of them are a little thin.
[13:12.360 --> 13:14.160]  There's more information that could be put in there.
[13:14.160 --> 13:19.200]  There's also some specific headings and footings that we'll definitely add to our forms that
[13:19.200 --> 13:28.200]  will try to preclude the other side from screwing around with the documents in the file.
[13:28.200 --> 13:32.800]  So that's one of the things that we have found and that's why we want to do the forms.
[13:32.800 --> 13:36.120]  It's also forms, I'm going to tell you right now from the beginning, where I was first
[13:36.120 --> 13:39.880]  learning this, that was the first thing I stumbled across was what do the pleadings
[13:39.880 --> 13:43.760]  actually look like, what they're supposed to look like and the forms was the thing
[13:43.760 --> 13:47.520]  you see on TV all the time where this case got thrown out for technicality because they
[13:47.520 --> 13:49.080]  spelled somebody's name wrong.
[13:49.080 --> 13:50.640]  Well, that's TV.
[13:50.640 --> 13:52.200]  That generally doesn't happen.
[13:52.200 --> 13:56.520]  There's always the ability to correct or reform various pleadings.
[13:56.520 --> 14:02.160]  But the issue here is to get used to the idea that forms can be an actual pleading document
[14:02.160 --> 14:03.160]  in style.
[14:03.160 --> 14:05.440]  Let me go ahead and define style.
[14:05.440 --> 14:18.000]  Style is font, paragraph sizes, indentation, tabs or margins, and some of this is going
[14:18.000 --> 14:19.720]  to be dictated by rules.
[14:19.720 --> 14:23.840]  Rules are going to say that you have to do it in a certain manner and you have to prescribe
[14:23.840 --> 14:26.720]  to that particular minimum standing.
[14:26.720 --> 14:34.000]  But style is not a statutory, absolutely you have to do it with a career font or they
[14:34.000 --> 14:37.160]  might dismiss your case.
[14:37.160 --> 14:42.720]  So just to get a couple of examples and the other thing that I told everybody last time
[14:42.720 --> 14:48.760]  was when you're thinking about doing a litigation and you're not the defendant, you haven't
[14:48.760 --> 14:53.520]  been served, go to another courthouse, try to find litigation in the computer files and
[14:53.520 --> 14:58.760]  then pull those cases, sit down in a room and look through those cases from top to bottom.
[14:58.760 --> 15:00.360]  The thicker the file the better.
[15:00.360 --> 15:03.520]  That means the two sides have been fighting like cats and dogs.
[15:03.520 --> 15:08.240]  Especially when there's big, high power, duty, treatment, how attorney is involved, you'll
[15:08.240 --> 15:15.360]  see a lot of detailed argument over very small issues because that's how they get paid lots
[15:15.360 --> 15:17.560]  of money for lots of billable hours.
[15:17.560 --> 15:21.120]  But you'll get to see how the arguments go back and forth, you'll get to see the court
[15:21.120 --> 15:25.920]  orders of exactly how the judge ruled and you'll recognize from the descriptions of
[15:25.920 --> 15:29.360]  what went on, especially if the case wound all the way through the end and you get the
[15:29.360 --> 15:34.520]  motion for new trial, whoever lost the case, you'll see exactly why they think they lost
[15:34.520 --> 15:40.080]  the case and it's been a mistake and from the various evidence and documents that were
[15:40.080 --> 15:44.760]  put in the file, you'd be able to see exactly why one side may have won or not.
[15:44.760 --> 15:49.680]  Now I'm not going to tell you that's going to be 100% because as I've said before, my
[15:49.680 --> 15:53.640]  brother's a lawyer and he's at law school on several occasions.
[15:53.640 --> 15:57.880]  They came in and read a case out of the appellate court and looked at the original pleadings
[15:57.880 --> 16:04.120]  and the trial transcripts and everything and went, how did they come up with this?
[16:04.120 --> 16:05.480]  They didn't have a clue.
[16:05.480 --> 16:11.840]  The court reaches outside of itself and it's like they're, you know, an out-of-body experience,
[16:11.840 --> 16:17.240]  you know, astral projection and they write something that never happened and that's why
[16:17.240 --> 16:19.520]  they call them opinions.
[16:19.520 --> 16:23.160]  They're not really determinations or decisions, they're opinions because that's how it works.
[16:23.160 --> 16:26.320]  Yeah, and you know what they say about opinions, right?
[16:26.320 --> 16:32.320]  They say they've got one and they're worth exactly what you pay for.
[16:32.320 --> 16:38.320]  So they say most anybody can bend over and talk about it.
[16:38.320 --> 16:40.320]  So I've covered that for 15 minutes.
[16:40.320 --> 16:43.320]  Let's see if we can get into some substance when we come back.
[16:43.320 --> 16:44.320]  Okay.
[16:44.320 --> 16:45.320]  This is Randy Kelton.
[16:45.320 --> 16:46.320]  Let's see if it's any big.
[16:46.320 --> 16:47.320]  We have a lot of radio.
[16:47.320 --> 16:48.320]  Michelle, we'll see you there.
[16:48.320 --> 16:49.320]  We want to give Tim at least one more section.
[16:49.320 --> 16:50.320]  Okay.
[16:50.320 --> 16:57.320]  Yeah, you will be good.
[16:57.320 --> 17:01.320]  Perfect.
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[19:00.320 --> 19:03.320]  Well, don't let nothing get to you.
[19:03.320 --> 19:06.320]  Only the father can deliver you.
[19:06.320 --> 19:09.320]  So don't let bad mind people hurt you.
[19:09.320 --> 19:12.320]  I can't say it and get behind you.
[19:12.320 --> 19:14.320]  You know what I mean?
[19:14.320 --> 19:31.320]  My friend, knowledge at your service.
[19:44.320 --> 19:46.320]  He's everything to me.
[19:46.320 --> 19:48.320]  That's what I call him.
[19:48.320 --> 19:50.320]  I tell me me and I pray to him.
[19:50.320 --> 19:53.320]  Because he's the only one who could answer any.
[19:53.320 --> 19:56.320]  They not be miss what we can man say in.
[19:56.320 --> 19:59.320]  Mankind, you know, is this leading me?
[19:59.320 --> 20:01.320]  Can I not trust in God?
[20:01.320 --> 20:04.320]  Telling me a problem is dead.
[20:04.320 --> 20:07.320]  I miss me once again.
[20:07.320 --> 20:09.320]  Okay, we're back.
[20:09.320 --> 20:10.320]  We're in Calton.
[20:10.320 --> 20:12.320]  There's Steven Z. Craig, rule of law radio.
[20:12.320 --> 20:15.320]  We were talking to Ken.
[20:15.320 --> 20:19.320]  Ken had just finished his tape of contents.
[20:19.320 --> 20:21.320]  Ken, are you there?
[20:21.320 --> 20:23.320]  I just got back on.
[20:23.320 --> 20:27.320]  Yes, one of the things I wanted to get into some substance,
[20:27.320 --> 20:30.320]  and one of the things that comes up all the time
[20:30.320 --> 20:34.320]  when either you or some of the people that you've met
[20:34.320 --> 20:37.320]  that have had problems with the court system over the years
[20:37.320 --> 20:40.320]  is one of the things that's about organizing the case.
[20:40.320 --> 20:44.320]  And I'm not sure where I'm going to fit this into this table of contents,
[20:44.320 --> 20:46.320]  but one of the things that I have to tell everybody
[20:46.320 --> 20:50.320]  is there's a couple things you have no choice that you have to buy.
[20:50.320 --> 20:52.320]  One of them is going to be O'Connor's.
[20:52.320 --> 20:54.320]  Now, obviously, since I'm writing this book,
[20:54.320 --> 20:57.320]  I'm going to say this book is the other one you have to buy.
[20:57.320 --> 21:02.320]  The other thing you have to pay for is certified mail.
[21:02.320 --> 21:06.320]  The other thing you have to pay for is obviously transportation
[21:06.320 --> 21:08.320]  to and from the courthouse.
[21:08.320 --> 21:12.320]  There may be times when you need transcripts
[21:12.320 --> 21:14.320]  and you're going to have to pay for those
[21:14.320 --> 21:17.320]  because there's really no way around it on indigency
[21:17.320 --> 21:21.320]  until you get to the appellate process and then it's too late.
[21:21.320 --> 21:23.320]  And having said that,
[21:23.320 --> 21:26.320]  the other thing that is absolutely essential now
[21:26.320 --> 21:29.320]  that I wouldn't contemplate doing a court case
[21:29.320 --> 21:32.320]  without is computer equipment.
[21:32.320 --> 21:35.320]  You have to get a working knowledge of a word process
[21:35.320 --> 21:38.320]  or I'm not going to say which word process
[21:38.320 --> 21:41.320]  as long as you can be effective at writing pleadings
[21:41.320 --> 21:43.320]  and keeping them organized.
[21:43.320 --> 21:45.320]  You're going to have to have a good printer.
[21:45.320 --> 21:47.320]  I recommend laser printers
[21:47.320 --> 21:49.320]  and the only reason why is because they don't bleed
[21:49.320 --> 21:53.320]  when you put a glass of ice water on them.
[21:53.320 --> 21:57.320]  They produce good work and they also generally print faster.
[21:57.320 --> 22:01.320]  You're going to need to have a scanner.
[22:01.320 --> 22:04.320]  And the reason for this is that almost every document
[22:04.320 --> 22:07.320]  you get, you need to scan and put on your computer
[22:07.320 --> 22:11.320]  and make periodic backup copies on either a DVD,
[22:11.320 --> 22:14.320]  a CD, or a flash jump drive
[22:14.320 --> 22:17.320]  and keep it through a third-party person
[22:17.320 --> 22:20.320]  so you can retrieve these documents if for some reason
[22:20.320 --> 22:22.320]  your computer equipment crashes
[22:22.320 --> 22:27.320]  or somebody breaks into your house and takes it.
[22:27.320 --> 22:29.320]  I can't.
[22:29.320 --> 22:31.320]  This is my area of expertise in education.
[22:31.320 --> 22:34.320]  I'm a systems analyst. I do computers.
[22:34.320 --> 22:36.320]  I can't say it enough.
[22:36.320 --> 22:38.320]  Always make sure you have backup copies.
[22:38.320 --> 22:40.320]  Hard copies are difficult to deal with.
[22:40.320 --> 22:42.320]  They go missing.
[22:42.320 --> 22:44.320]  You've got to look through files and folders.
[22:44.320 --> 22:46.320]  People move boxes and you don't know where they're at.
[22:46.320 --> 22:48.320]  It's a lot easier to keep track of them
[22:48.320 --> 22:52.320]  if they're on a CD-ROM well-labeled in an envelope
[22:52.320 --> 22:55.320]  given to a friend kept in a safe place
[22:55.320 --> 22:58.320]  or if you've got the money put in a safe deposit box.
[22:58.320 --> 23:00.320]  The idea is to keep them there
[23:00.320 --> 23:03.320]  so this is copies of what you create,
[23:03.320 --> 23:06.320]  documents you scan for either exhibits
[23:06.320 --> 23:09.320]  or documents you scan from the other side.
[23:09.320 --> 23:11.320]  The reason I tell people that I get real big
[23:11.320 --> 23:15.320]  about being insisted upon this is I'm into cats
[23:15.320 --> 23:19.320]  and sometimes your cats may want to notarize your document
[23:19.320 --> 23:24.320]  to people who are cat owners to understand what that means.
[23:24.320 --> 23:27.320]  If you have lost documents,
[23:27.320 --> 23:29.320]  the actual physical documents,
[23:29.320 --> 23:33.320]  you've got an actual true 300 dot per inch scan
[23:33.320 --> 23:35.320]  on your computer, you can reproduce them at will.
[23:35.320 --> 23:37.320]  Nobody knows the difference between those
[23:37.320 --> 23:39.320]  and the ones that were sent to you.
[23:39.320 --> 23:42.320]  The number of times I've actually helped attorneys
[23:42.320 --> 23:45.320]  that have lost files and because I had copies
[23:45.320 --> 23:48.320]  of everything scanned at the last minute,
[23:48.320 --> 23:51.320]  I was able to save a big embarrassment
[23:51.320 --> 23:54.320]  of them walking into court without a case file.
[23:54.320 --> 24:00.320]  I'm not hearing anything.
[24:00.320 --> 24:02.320]  I just want to make sure we're still here.
[24:02.320 --> 24:03.320]  We're still here.
[24:03.320 --> 24:05.320]  I just didn't want to break in on you.
[24:05.320 --> 24:08.320]  The issue of the pleadings,
[24:08.320 --> 24:10.320]  I was going to get into this about putting the pleadings
[24:10.320 --> 24:11.320]  in the can.
[24:11.320 --> 24:14.320]  I was starting on that before we broke last time.
[24:14.320 --> 24:17.320]  The issue of researching a case if you're the plaintiff
[24:17.320 --> 24:19.320]  is that it gives you the opportunity.
[24:19.320 --> 24:23.320]  The first thing you want to look up is what the causes of action are.
[24:23.320 --> 24:26.320]  The second thing you want to look up is statute of limitations.
[24:26.320 --> 24:29.320]  You never want to miss a statute of limitations.
[24:29.320 --> 24:33.320]  If you can make the main statute of limitations
[24:33.320 --> 24:36.320]  and you don't have to use any special circumstances
[24:36.320 --> 24:38.320]  statute of limitations, it's always better
[24:38.320 --> 24:40.320]  because then there's no argument.
[24:40.320 --> 24:42.320]  The occurrence occurred on this day
[24:42.320 --> 24:44.320]  and I'm filing it on this day.
[24:44.320 --> 24:46.320]  I'm clearly within the statute of limitations.
[24:46.320 --> 24:47.320]  There's no exception.
[24:47.320 --> 24:50.320]  Boom, you have a legitimate lawsuit.
[24:50.320 --> 24:54.320]  What this gives you the advantage is once you recognize
[24:54.320 --> 24:56.320]  you have a cause of action is to go out there
[24:56.320 --> 24:58.320]  and get all of the forms and documents
[24:58.320 --> 25:02.320]  and also go to the courthouse and look up similar cases.
[25:02.320 --> 25:08.320]  One of the most common would be deceptive business trade
[25:08.320 --> 25:11.320]  in Texas where somebody sells you something
[25:11.320 --> 25:15.320]  that they say is 24 karat gold and turns out no,
[25:15.320 --> 25:17.320]  it's not, it's brass.
[25:17.320 --> 25:22.320]  And there's a process through the Texas Business and Commerce Code
[25:22.320 --> 25:25.320]  where you can sue them for deceptive business trade.
[25:25.320 --> 25:27.320]  There's a series of rules you have to follow,
[25:27.320 --> 25:30.320]  letters you have to send by certified mail.
[25:30.320 --> 25:33.320]  And at that point in time, then you,
[25:33.320 --> 25:35.320]  within a prescribed period of time,
[25:35.320 --> 25:38.320]  which is from my recall, recollection,
[25:38.320 --> 25:40.320]  is two years you then file a case
[25:40.320 --> 25:43.320]  if they haven't negotiated a settlement.
[25:43.320 --> 25:48.320]  You have that period of time to very comfortably research
[25:48.320 --> 25:50.320]  exactly what the cause of action is,
[25:50.320 --> 25:52.320]  what the other side would do,
[25:52.320 --> 25:54.320]  and put yourself in their place.
[25:54.320 --> 25:58.320]  What would you say if somebody came at you with this kind of case
[25:58.320 --> 26:02.320]  and what I refer to this is turning your hat around backwards.
[26:02.320 --> 26:04.320]  Think about being the other side.
[26:04.320 --> 26:07.320]  And you look at what they're going to do
[26:07.320 --> 26:08.320]  or may want to do,
[26:08.320 --> 26:11.320]  what you would consider doing in their situation,
[26:11.320 --> 26:13.320]  and prepare for it.
[26:13.320 --> 26:15.320]  What's the defense against that kind of motion?
[26:15.320 --> 26:17.320]  If they're going to file a motion to dismiss,
[26:17.320 --> 26:19.320]  what are they going to hang their hat on?
[26:19.320 --> 26:22.320]  If you know what they're going to attempt to hang their hat on,
[26:22.320 --> 26:25.320]  preclude that argument by arguing against it
[26:25.320 --> 26:27.320]  in your original pleadings.
[26:27.320 --> 26:29.320]  That's part of the strategy as well.
[26:29.320 --> 26:31.320]  But all of these things, for the most part,
[26:31.320 --> 26:33.320]  can be worked out
[26:33.320 --> 26:35.320]  and you can have a good idea
[26:35.320 --> 26:37.320]  of everything that they're going to throw at you.
[26:37.320 --> 26:39.320]  I guarantee you, no matter how well you plan it,
[26:39.320 --> 26:41.320]  there's going to be a knuckleball
[26:41.320 --> 26:43.320]  that's going to come after you from somewhere.
[26:43.320 --> 26:45.320]  That's where you want to be able to spend your time,
[26:45.320 --> 26:47.320]  down at the law library,
[26:47.320 --> 26:49.320]  or doing research online,
[26:49.320 --> 26:51.320]  or whatever it is in the middle of the night
[26:51.320 --> 26:53.320]  trying to get something ready.
[26:53.320 --> 26:57.320]  One of the other things that I can't say in the book to,
[26:57.320 --> 27:00.320]  obviously, because
[27:00.320 --> 27:02.320]  not only pros and cons they live against will be reading this book.
[27:02.320 --> 27:04.320]  People without attorneys in education,
[27:04.320 --> 27:08.320]  but I fully expect there'll be attorneys and judges reading this book,
[27:08.320 --> 27:12.320]  is I can't tell you the strategy of playing for time.
[27:12.320 --> 27:14.320]  The strategy of playing for time
[27:14.320 --> 27:17.320]  is a necessity because you're not schooled them off.
[27:17.320 --> 27:19.320]  They already had three years of law school
[27:19.320 --> 27:21.320]  and so many years to practice.
[27:21.320 --> 27:23.320]  They've already seen the curveball.
[27:23.320 --> 27:26.320]  They had a colleague help them work their way through
[27:26.320 --> 27:32.320]  the various unconventional processes
[27:32.320 --> 27:34.320]  that have come up.
[27:34.320 --> 27:36.320]  They've worked their way through it.
[27:36.320 --> 27:38.320]  You're not schooled in law.
[27:38.320 --> 27:40.320]  You're going through this book page by page
[27:40.320 --> 27:42.320]  trying to figure out how to do the process.
[27:42.320 --> 27:46.320]  You can't have them set a hearing in three days.
[27:46.320 --> 27:50.320]  You have to play for as much time as you can
[27:50.320 --> 27:53.320]  and that's why one of the things in the Rules of Civil Procedure
[27:53.320 --> 27:56.320]  that you have to know and look for is the motion for continuance.
[27:56.320 --> 28:00.320]  The motion for continuance has to state in an affidavit
[28:00.320 --> 28:02.320]  good cause for why you need it.
[28:02.320 --> 28:04.320]  One of the things you say in that affidavit
[28:04.320 --> 28:06.320]  is I'm not schooled in law.
[28:06.320 --> 28:09.320]  I have no legal counsel, et cetera, et cetera.
[28:09.320 --> 28:12.320]  As an example, the idea of playing for time
[28:12.320 --> 28:14.320]  isn't to procrastinate.
[28:14.320 --> 28:19.320]  It's to give you sufficient time to do the research necessary
[28:19.320 --> 28:23.320]  to be adequately prepared to defend yourself
[28:23.320 --> 28:27.320]  or to progress your case down the field
[28:27.320 --> 28:29.320]  to use a football metaphor.
[28:29.320 --> 28:34.320]  So always, if you walk into court and everybody's sitting around
[28:34.320 --> 28:36.320]  and the judge says, oh, we're interrupted
[28:36.320 --> 28:38.320]  because there's another court proceeding.
[28:38.320 --> 28:40.320]  Let's reschedule this for next week.
[28:40.320 --> 28:42.320]  You always look at the judge and say, oh, wait a second.
[28:42.320 --> 28:45.320]  I'm already scheduled for some things next week.
[28:45.320 --> 28:47.320]  Can we schedule it for the following week?
[28:47.320 --> 28:50.320]  The idea is always try to buy yourself a little bit extra time
[28:50.320 --> 28:54.320]  in order to make sure that you cover those unforeseen circumstances,
[28:54.320 --> 28:59.320]  those emergencies.
[28:59.320 --> 29:04.320]  The Rules of Civil Procedure in Texas,
[29:04.320 --> 29:06.320]  which will be covered in Chapter 6,
[29:06.320 --> 29:12.320]  which will be the actual case law will be delved into by O'Connor's,
[29:12.320 --> 29:17.320]  is about how each rule has some specific idiosyncrasies to it
[29:17.320 --> 29:20.320]  with regards to how the rules have been determined.
[29:20.320 --> 29:24.320]  Let me go over one aspect of rules of laws and so forth.
[29:24.320 --> 29:27.320]  First off, the Rules of Civil Procedure are actually
[29:27.320 --> 29:30.320]  promulgated by the State Supreme Court.
[29:30.320 --> 29:39.320]  Okay, there's that annoying music again.
[29:39.320 --> 29:41.320]  Okay, this is Randy Kelton,
[29:41.320 --> 29:43.320]  David Stevenson, and Craig,
[29:43.320 --> 29:45.320]  we'll go to our radio.
[29:45.320 --> 29:47.320]  Michelle, you've been hanging a while.
[29:47.320 --> 29:50.320]  We'll take your call and then we'll go back to Kent.
[29:50.320 --> 29:54.320]  So our call in number is 512-646-1984.
[29:54.320 --> 29:56.320]  Call in, get your name in the queue,
[29:56.320 --> 30:00.320]  and we'll take you after the break.
[30:00.320 --> 30:03.320]  The Rule of Law Radio Network is proud to present a due process
[30:03.320 --> 30:06.320]  of law seminar hosted by our own Eddie Craig.
[30:06.320 --> 30:08.320]  Eddie is a former Nacodotius Sheriff's Deputy
[30:08.320 --> 30:11.320]  and for the past 21 years he's been studying the due process of law
[30:11.320 --> 30:14.320]  and now offers his knowledge to you at a seminar every Sunday
[30:14.320 --> 30:17.320]  from 2 o'clock to 5 o'clock at Brave New Books,
[30:17.320 --> 30:20.320]  located at 1904 Guadalupe Street.
[30:20.320 --> 30:23.320]  Admission is $20, so please make plans to come by and sit with Eddie
[30:23.320 --> 30:29.320]  and learn for yourself what the true intent of law really is.
[30:29.320 --> 30:31.320]  Put down that coffee.
[30:31.320 --> 30:35.320]  There's a chance you may be drinking it out of a carcinogenic cup.
[30:35.320 --> 30:38.320]  I'm Dr. Panther at Albrecht and I'll be back in just a moment
[30:38.320 --> 30:41.320]  with frightening new information about styrofoam.
[30:41.320 --> 30:43.320]  Your search engine is watching you,
[30:43.320 --> 30:45.320]  recording all your searches,
[30:45.320 --> 30:49.320]  and creating a massive database of your personal information.
[30:49.320 --> 30:50.320]  That's creepy.
[30:50.320 --> 30:52.320]  But it doesn't have to be that way.
[30:52.320 --> 30:55.320]  StartPage.com is the world's most private search engine.
[30:55.320 --> 30:57.320]  StartPage doesn't store your IP address,
[30:57.320 --> 31:00.320]  make a record of your searches, or use tracking cookies,
[31:00.320 --> 31:02.320]  and their third party certified.
[31:02.320 --> 31:04.320]  If you don't like Big Brother spying on you,
[31:04.320 --> 31:06.320]  start over with StartPage.
[31:06.320 --> 31:08.320]  Great search results and total privacy.
[31:08.320 --> 31:12.320]  StartPage.com, the world's most private search engine.
[31:12.320 --> 31:15.320]  It's used for everything from packing peanuts to coffee cups,
[31:15.320 --> 31:18.320]  but now the U.S. Department of Health and Human Services
[31:18.320 --> 31:22.320]  says styrene, a component of styrofoam, may cause cancer.
[31:22.320 --> 31:25.320]  The government based its warning on studies that linked the chemical
[31:25.320 --> 31:28.320]  with lymphatic cancer and genetic damage.
[31:28.320 --> 31:31.320]  Styrene is used to make plastic products like pipes,
[31:31.320 --> 31:35.320]  carpet backing, insulation, and of course, styrofoam cups.
[31:35.320 --> 31:40.320]  Chronic exposure leads to memory loss, headaches, vertigo, and tiredness.
[31:40.320 --> 31:42.320]  So don't let your kids drink out of styrofoam cups,
[31:42.320 --> 31:45.320]  which are also tempting to bite down on and chew
[31:45.320 --> 31:47.320]  or pick into little pieces.
[31:47.320 --> 31:50.320]  And be sure to drink your own coffee out of a ceramic mug.
[31:50.320 --> 31:52.320]  I'm Dr. Catherine Albrecht.
[31:52.320 --> 32:21.320]  More news and information at CatherineAlbrecht.com.
[32:21.320 --> 32:23.320]  Okay, we're back.
[32:23.320 --> 32:25.320]  Randy Kelton, Deborah Steven, Jada Craig.
[32:25.320 --> 32:32.320]  We're doing our four-hour info marathon.
[32:32.320 --> 32:35.320]  We're talking to Ken Magnuson.
[32:35.320 --> 32:40.320]  We're going to go to Michelle in Texas.
[32:40.320 --> 32:44.320]  Michelle, what do you have for us tonight?
[32:44.320 --> 32:45.320]  Hi.
[32:45.320 --> 32:49.320]  I actually had some questions about the Board of Nursing here in Texas.
[32:49.320 --> 32:54.320]  I didn't know if you guys really dealt with that much at all.
[32:54.320 --> 32:59.320]  But I was told by a lawyer today that if I wanted to sue the Board of Nursing,
[32:59.320 --> 33:03.320]  it was pretty much impossible because they're untouchable.
[33:03.320 --> 33:08.320]  Okay, first response, the knee-jerk response is horse hockey.
[33:08.320 --> 33:12.320]  That was mine, too.
[33:12.320 --> 33:14.320]  Just kind of a quick background.
[33:14.320 --> 33:19.320]  Kind of, too, I recently had some issues with them and then I actually done a bigger scale.
[33:19.320 --> 33:28.320]  My friend was arrested on some criminal charges in Galveston for assault on a peace officer.
[33:28.320 --> 33:31.320]  I was there with her and I saw the whole thing.
[33:31.320 --> 33:32.320]  She didn't do anything.
[33:32.320 --> 33:36.320]  It was more like it was resisting arrest, I would say, than it was assault.
[33:36.320 --> 33:39.320]  Is this the one in the restaurant?
[33:39.320 --> 33:41.320]  It was at a hotel.
[33:41.320 --> 33:42.320]  Oh, okay.
[33:42.320 --> 33:46.320]  I saw a video on YouTube about an event where this was done by officers in a restaurant,
[33:46.320 --> 33:47.320]  but please continue.
[33:47.320 --> 33:48.320]  Sorry.
[33:48.320 --> 33:49.320]  Oh, okay.
[33:49.320 --> 33:55.320]  No, she was, her husband was pulled out of the pool and arrested on a PI, actually.
[33:55.320 --> 34:00.320]  And he went, I mean, neither of them were drunk, but he went willingly with them.
[34:00.320 --> 34:06.320]  And then she got out of the pool and approached one of the officers and asked why they were arresting him
[34:06.320 --> 34:07.320]  because she didn't know.
[34:07.320 --> 34:10.320]  I wouldn't find out until later that it was a PI, but he said,
[34:10.320 --> 34:12.320]  don't ask me again.
[34:12.320 --> 34:13.320]  So she looked at me.
[34:13.320 --> 34:17.320]  I shrugged and she asked him again though, well, where do I find him then?
[34:17.320 --> 34:18.320]  I'm not from here.
[34:18.320 --> 34:20.320]  I'm from Austin and I would like to know where to find him.
[34:20.320 --> 34:24.320]  They said, he said, if you ask me again, I'm going to arrest you.
[34:24.320 --> 34:27.320]  Whoa, what did he arrest her for?
[34:27.320 --> 34:31.320]  Well, what did he initially try to arrest her for?
[34:31.320 --> 34:37.320]  He, well, he arrested her for a PI initially also, public intoxication.
[34:37.320 --> 34:45.320]  No, no, no, what did he, he didn't, did he do a sobriety test?
[34:45.320 --> 34:46.320]  No.
[34:46.320 --> 34:47.320]  Okay.
[34:47.320 --> 34:48.320]  Okay, I'm sorry.
[34:48.320 --> 34:49.320]  I interrupted too soon.
[34:49.320 --> 34:53.320]  The second time he said she spoke to him, he would arrest her.
[34:53.320 --> 34:54.320]  He did.
[34:54.320 --> 35:00.320]  Well, her confusion was just, she just said, she stepped back a bit from him.
[35:00.320 --> 35:03.320]  She kind of put her hands up and she was like, why would you arrest me?
[35:03.320 --> 35:08.320]  I just need to know where the police station is so I can pick my wife and my husband up.
[35:08.320 --> 35:13.320]  So he put his hand, he grabbed her arm and he said, okay, I'm taking you in.
[35:13.320 --> 35:15.320]  Okay, that's enough.
[35:15.320 --> 35:16.320]  Okay.
[35:16.320 --> 35:20.320]  You need to file criminal charges against the officer.
[35:20.320 --> 35:26.320]  It is absolutely not against the law to ask the officer questions.
[35:26.320 --> 35:31.320]  You cannot interfere with a public servant with your mouth.
[35:31.320 --> 35:35.320]  Well, this happened in March of last year, 2010.
[35:35.320 --> 35:36.320]  Does it not?
[35:36.320 --> 35:37.320]  Yes.
[35:37.320 --> 35:38.320]  File, you go down.
[35:38.320 --> 35:40.320]  What he did is a felony.
[35:40.320 --> 35:44.320]  So it's got a much longer statute of limitations on it.
[35:44.320 --> 35:47.320]  Well, the problem, I guess, I mean, I agree with you guys.
[35:47.320 --> 35:52.320]  The problem is, I guess, in the process of him arresting her, he had a few other cops
[35:52.320 --> 35:57.320]  that came up that had initially responded from the first arrest of her husband,
[35:57.320 --> 36:02.320]  who came up to help him and she started wailing and kept yelling.
[36:02.320 --> 36:03.320]  It's okay.
[36:03.320 --> 36:06.320]  She has the right to resist an unlawful arrest.
[36:06.320 --> 36:07.320]  Right.
[36:07.320 --> 36:09.320]  In Texas, it's perfectly legal.
[36:09.320 --> 36:13.320]  Well, she started resisting and then they threw her down the ground.
[36:13.320 --> 36:17.320]  And from there, they dragged her to the car and she continued to fight.
[36:17.320 --> 36:21.320]  But I guess in that process, they said that she kicked one of the officers.
[36:21.320 --> 36:22.320]  So now it's the fault.
[36:22.320 --> 36:25.320]  She could have beaten blood and it wouldn't have made any difference.
[36:25.320 --> 36:31.320]  Yeah, you need to file criminal charges against this officer and demand to know
[36:31.320 --> 36:36.320]  who all the other officers were who assisted so you can file against them.
[36:36.320 --> 36:40.320]  This will give your friend some leverage.
[36:40.320 --> 36:41.320]  Okay.
[36:41.320 --> 36:45.320]  Now they have a third party witness.
[36:45.320 --> 36:46.320]  Yeah.
[36:46.320 --> 36:49.320]  And then, do you listen to our show regularly?
[36:49.320 --> 36:50.320]  Yeah, now I do.
[36:50.320 --> 36:54.320]  I didn't have the time, but the last maybe three months, I do.
[36:54.320 --> 36:55.320]  Okay.
[36:55.320 --> 37:00.320]  Now you'll understand how to run the routine on the prosecuting attorney.
[37:00.320 --> 37:01.320]  Yeah.
[37:01.320 --> 37:06.320]  So if you file aggravated assault, aggravated kidnapping against the police officer.
[37:06.320 --> 37:07.320]  Right.
[37:07.320 --> 37:11.320]  And the prosecutor's going to absolutely refuse to act.
[37:11.320 --> 37:14.320]  Then you file against him with the district judge.
[37:14.320 --> 37:16.320]  He's going to refuse to act.
[37:16.320 --> 37:18.320]  You come back to the grand jury.
[37:18.320 --> 37:21.320]  Now you're going to get some action.
[37:21.320 --> 37:26.320]  Well, I guess kind of the problem too is, I mean, this is her.
[37:26.320 --> 37:28.320]  I don't really know what I can do.
[37:28.320 --> 37:31.320]  I'm afraid to over set my bounds, but she has to.
[37:31.320 --> 37:35.320]  Well, you can file the criminal complaint no matter what she does with it afterwards.
[37:35.320 --> 37:36.320]  I can.
[37:36.320 --> 37:37.320]  Okay.
[37:37.320 --> 37:38.320]  I figure.
[37:38.320 --> 37:43.320]  Well, she's had a lawyer this whole time and he was kind of pushing her to plea bargain
[37:43.320 --> 37:45.320]  for a state jail felony until they're going to do it.
[37:45.320 --> 37:47.320]  She decided to go to trial back in January.
[37:47.320 --> 37:51.320]  So since January, she goes every month for a pre-trial hearing.
[37:51.320 --> 37:54.320]  They put her on a docket and she never actually goes to trial.
[37:54.320 --> 37:55.320]  Yeah.
[37:55.320 --> 37:57.320]  They're trying to give her time to cut the deal.
[37:57.320 --> 37:58.320]  Yes.
[37:58.320 --> 37:59.320]  She needs to look at her attorney.
[37:59.320 --> 38:06.320]  If he's done nothing in her defense, she needs to bargain with him and let the attorney
[38:06.320 --> 38:14.320]  know that if he attempts to be removed from the case, that she will object to him being
[38:14.320 --> 38:21.320]  removed, then if the judge removes her, she'll sue the judge for interfering with the contract.
[38:21.320 --> 38:22.320]  Okay.
[38:22.320 --> 38:24.320]  There's a question there.
[38:24.320 --> 38:25.320]  Okay.
[38:25.320 --> 38:29.320]  You file criminal charges and run the routine on them.
[38:29.320 --> 38:30.320]  Uh-huh.
[38:30.320 --> 38:34.320]  You know, your criminal charges have nothing to do with your friend.
[38:34.320 --> 38:35.320]  Okay.
[38:35.320 --> 38:45.320]  It is your duty as a citizen if you observe a felony and you fail to report that felony.
[38:45.320 --> 38:49.320]  That is the crime of misprison of a felony.
[38:49.320 --> 38:50.320]  Okay.
[38:50.320 --> 38:53.320]  You can go to jail for that.
[38:53.320 --> 39:01.320]  So, since you can go to jail for not doing it, nothing can be done to you for doing it.
[39:01.320 --> 39:06.320]  And if you do it from a distance, don't ever let them see you.
[39:06.320 --> 39:12.320]  Uh, if they want to question you, you do not go to their office.
[39:12.320 --> 39:16.320]  They come to a neutral place and you record them.
[39:16.320 --> 39:17.320]  Right.
[39:17.320 --> 39:22.320]  And if they ask you why, I don't trust you.
[39:22.320 --> 39:27.320]  You're all no good rotten liars.
[39:27.320 --> 39:28.320]  Okay.
[39:28.320 --> 39:36.320]  So, on her end, it's kind of more for her than her fear, I guess, towards her attorney.
[39:36.320 --> 39:40.320]  She, her nursing license was taken away from her.
[39:40.320 --> 39:42.320]  It was revoked.
[39:42.320 --> 39:48.320]  So, she has been out of the job for the last almost year and so she hasn't fully, I guess,
[39:48.320 --> 39:51.320]  paid her attorney and she want to allow her help.
[39:51.320 --> 39:52.320]  Good.
[39:52.320 --> 39:55.320]  And she needs to sue her attorney for not adjudicating her case.
[39:55.320 --> 39:57.320]  She needs to give him a tort letter.
[39:57.320 --> 40:01.320]  So, she, her fear that she takes action like this against him and she's going to be kind
[40:01.320 --> 40:04.320]  of left, you know, but you said if...
[40:04.320 --> 40:05.320]  Wait a minute, wait a minute.
[40:05.320 --> 40:07.320]  Did she hire this attorney?
[40:07.320 --> 40:08.320]  She did.
[40:08.320 --> 40:11.320]  She's, she's paid out to a certain point, I guess, but she hasn't.
[40:11.320 --> 40:12.320]  She's still open.
[40:12.320 --> 40:13.320]  Okay.
[40:13.320 --> 40:18.320]  Then what has this attorney filed in her defense?
[40:18.320 --> 40:20.320]  I honestly have no idea.
[40:20.320 --> 40:24.320]  Okay, check, but I can be sure of what he's filed in her defense.
[40:24.320 --> 40:26.320]  Nothing.
[40:26.320 --> 40:33.320]  She needs to bar grieve the attorney, send the attorney a tort letter, tell him to get
[40:33.320 --> 40:35.320]  off your behind and do your job.
[40:35.320 --> 40:40.320]  You've already cost me my job and I'll be suing you for everything I've lost because
[40:40.320 --> 40:44.320]  you didn't adjudicate my case.
[40:44.320 --> 40:51.320]  You have a witness to show that no criminal act was committed on you, on her part and
[40:51.320 --> 40:54.320]  he didn't do his job.
[40:54.320 --> 41:01.320]  And she might go down and look through the court cases, have the court clerk do a search
[41:01.320 --> 41:08.320]  for this attorney's name and she can tell you all of the cases that he is the attorney
[41:08.320 --> 41:15.320]  of record on and look through those records and see how many motions he's filed in his
[41:15.320 --> 41:22.320]  client's behalf and if he hasn't filed any motions, you might look at going after him
[41:22.320 --> 41:25.320]  with a Kwaitam action.
[41:25.320 --> 41:26.320]  Okay.
[41:26.320 --> 41:33.320]  Kwaitam is where he's taken this money to represent these clients and then did nothing
[41:33.320 --> 41:35.320]  to represent them.
[41:35.320 --> 41:43.320]  So he took all this money on false pretenses and you as a citizen having knowledge of
[41:43.320 --> 41:49.320]  it, you send him a tort that are notifying him of your intent to sue for Kwaitam.
[41:49.320 --> 41:54.320]  If he doesn't return all of the money he's collected from the state for representing
[41:54.320 --> 42:01.320]  clients when he failed to properly represent them and he simply conspired with the prosecuting
[42:01.320 --> 42:06.320]  attorney to deprive these clients of due process.
[42:06.320 --> 42:13.320]  If they've got somebody around who understands what they're doing and they realize that they've
[42:13.320 --> 42:20.320]  got a third party ringer coming in here, kicking them in their pants, they're going to make
[42:20.320 --> 42:23.320]  her a deal to get rid of her.
[42:23.320 --> 42:24.320]  Okay.
[42:24.320 --> 42:26.320]  This is Kent.
[42:26.320 --> 42:29.320]  I wanted to chime in with something.
[42:29.320 --> 42:34.320]  The Kwaitam action would only apply if he's been a public defender and assigned to the
[42:34.320 --> 42:35.320]  case.
[42:35.320 --> 42:36.320]  No, no, no, no, no.
[42:36.320 --> 42:37.320]  I'm sorry.
[42:37.320 --> 42:38.320]  Yes, you're right.
[42:38.320 --> 42:39.320]  I'm sorry.
[42:39.320 --> 42:45.320]  The issue here at this point is the biggest issue is you need to go down and look at the
[42:45.320 --> 42:48.320]  file and see what's been filed and get a copy of the file.
[42:48.320 --> 42:50.320]  What city did this occur in?
[42:50.320 --> 42:51.320]  It was in Galveston.
[42:51.320 --> 42:52.320]  I actually did.
[42:52.320 --> 42:57.320]  I went to the district clerk or the clerk's office up there and they said the only thing
[42:57.320 --> 42:59.320]  that was in her file was the indictment.
[42:59.320 --> 43:00.320]  That's it.
[43:00.320 --> 43:02.320]  There was nothing else in there.
[43:02.320 --> 43:03.320]  No information?
[43:03.320 --> 43:07.320]  When I asked the attorney about that, he said, well, she wouldn't want anything else in the
[43:07.320 --> 43:08.320]  file.
[43:08.320 --> 43:10.320]  I didn't understand it.
[43:10.320 --> 43:12.320]  This is Kent.
[43:12.320 --> 43:17.320]  The attorney told her that she wouldn't want anything else in the file.
[43:17.320 --> 43:18.320]  That is nonsense.
[43:18.320 --> 43:23.320]  There must be a criminal complaint and there must be a information.
[43:23.320 --> 43:25.320]  There's no information.
[43:25.320 --> 43:26.320]  There's no criminal complaint.
[43:26.320 --> 43:27.320]  Only the indictment.
[43:27.320 --> 43:28.320]  That's it.
[43:28.320 --> 43:29.320]  Okay.
[43:29.320 --> 43:31.320]  If there's only the indictments, then that is interesting.
[43:31.320 --> 43:34.320]  We will talk about some due process on the other side.
[43:34.320 --> 43:37.320]  You will find this part almost interesting.
[43:37.320 --> 43:43.120]  Most interesting, this is Randy Kelton, Deborah Stevenson, Eddie Craig, we live on radio.
[43:43.120 --> 43:48.320]  The phone lines are open, 512-646-1984.
[43:48.320 --> 43:54.120]  We'll be right back on the other side and we'll talk about Texas Code of Criminal Procedure
[43:54.120 --> 43:57.120]  17.30.
[43:57.120 --> 43:58.120]  We'll be right back.
[43:58.120 --> 44:03.840]  Are you the plaintiff or defendant in a lawsuit?
[44:03.840 --> 44:10.600]  In your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[44:10.600 --> 44:14.400]  that will show you how in 24 hours, step-by-step.
[44:14.400 --> 44:18.400]  If you have a lawyer, know what your lawyer should be doing.
[44:18.400 --> 44:22.480]  If you don't have a lawyer, know what you should do for yourself.
[44:22.480 --> 44:27.440]  Thousands have won with our step-by-step course and now you can too.
[44:27.440 --> 44:33.320]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[44:33.320 --> 44:38.760]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[44:38.760 --> 44:43.040]  principles and practices that control our American courts.
[44:43.040 --> 44:49.200]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[44:49.200 --> 44:51.720]  prosay tactics, and much more.
[44:51.720 --> 45:01.720]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[45:01.720 --> 45:03.720]  Okay, did you hear?
[45:03.720 --> 45:05.840]  Ron Paul has announced he's running for president in 2012.
[45:05.840 --> 45:06.840]  Who's Ron Paul?
[45:06.840 --> 45:07.840]  Really?
[45:07.840 --> 45:08.840]  Okay, put down the cell phone for one minute.
[45:08.840 --> 45:11.340]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[45:11.340 --> 45:14.800]  Oh, but I love to make those little smiley faces with punctuation marks.
[45:14.800 --> 45:15.960]  Of course you do.
[45:15.960 --> 45:16.960]  Now listen closely.
[45:16.960 --> 45:20.000]  You need to go down to Brave New Books and learn as much as you can about Ron Paul and
[45:20.000 --> 45:21.760]  his message before it's too late.
[45:21.760 --> 45:24.480]  They have all of his books and many of the books he talks about.
[45:24.480 --> 45:28.140]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support
[45:28.140 --> 45:29.640]  for him during the campaign.
[45:29.640 --> 45:30.640]  Brave New Books?
[45:30.640 --> 45:35.600]  Harry Potter and Twilight? No, but they do carry a large selection of survival and preparedness
[45:35.600 --> 45:40.000]  books to protect your family in time of emergency. Ugh, that sounds like that show on the Discovery
[45:40.000 --> 45:44.120]  Channel. Yeah, there's even a wilderness survival expert that teaches classes called Earth
[45:44.120 --> 45:48.480]  Skills School that you can sign up for on the website bravenewbookstore.com. What are
[45:48.480 --> 45:52.480]  you doing? I'm tweeting all my friends that they should go to bravenewbookstore.com or
[45:52.480 --> 45:57.400]  down to the bookstore in person. Where's it located? 1904 Guadalupe Street. There, it's
[45:57.400 --> 46:00.400]  it. I even made a smiley face. Great.
[46:27.400 --> 46:53.520]  Okay, we're back. And we're talking to Michelle from Texas. And you looked in the court and
[46:53.520 --> 47:16.040]  there was nothing in there except an indictment. Here's the problem. In order for there to
[47:16.040 --> 47:24.480]  be an indictment, there must be a complaint because the 20.09 Code of Criminal Procedure
[47:24.480 --> 47:31.240]  says the grand jury shall investigate into all criminal accusations that come to their
[47:31.240 --> 47:40.440]  knowledge by way of the prosecuting attorney or an incredible person. So first there had
[47:40.440 --> 47:47.840]  to be a criminal accusation or at least an information based on a criminal accusation
[47:47.840 --> 47:53.600]  and 20.04 requires that when a prosecuting attorney's made note of the decrysment committee,
[47:53.600 --> 48:03.560]  he's reduced the complaint to an information and submit them both to the grand jury. 2010
[48:03.560 --> 48:13.680]  says that when the jury, if a jury votes to true bill, the foreman of the grand jury shall
[48:13.680 --> 48:21.680]  gather up all the evidence had in the hearing and present it to the prosecuting attorney
[48:21.680 --> 48:28.440]  with a request that he prepare an indictment. So the indictment's not given to the grand
[48:28.440 --> 48:38.000]  jury, the complaint is, and the foreman must request the indictment after the jury has
[48:38.000 --> 48:51.680]  ruled to true bill. And where are those records? All of the records of a case required to be
[48:51.680 --> 49:00.800]  forwarded is clerk of the court. If your friend was arrested in order for the court to have
[49:00.800 --> 49:07.440]  subject matter jurisdiction, I'm sorry, in order for a magistrate to have subject matter
[49:07.440 --> 49:16.720]  jurisdiction for the purpose of making a determination of probable cause, someone had to have prepared
[49:16.720 --> 49:26.720]  a criminal accusation. And that criminal accusation was required to be presented to the magistrate.
[49:26.720 --> 49:30.440]  And then if the person was arrested, they would be brought before the magistrate, and
[49:30.440 --> 49:35.160]  the magistrate was required to perform an examining trial, which they don't do in Texas,
[49:35.160 --> 49:45.720]  they do something they call a magistration. But the magistrate set bail. And under 17.05
[49:45.720 --> 49:56.440]  of criminal procedure, it very clearly states that bail is taken by a magistrate after an
[49:56.440 --> 50:04.840]  examining trial by a judge in habeas corpus, or by a police officer under 17.20.21.22.
[50:04.840 --> 50:15.840]  The only time the magistrate can take bail is after an examining trial. And in chapter
[50:15.840 --> 50:20.520]  16, the whole chapter that tells the judge what he's supposed to do in an examining trial,
[50:20.520 --> 50:27.080]  and one of the things he's required to do is prepare an order stating whether the person
[50:27.080 --> 50:35.760]  was released at their liberty, remanded to the jail, or released on bail, and whether
[50:35.760 --> 50:44.000]  or not a finding of probable cause was made. If that order is not prepared within 48 hours,
[50:44.000 --> 50:51.600]  a finding of no probable cause is entered in the court. If the person was arrested without
[50:51.600 --> 51:01.280]  a warrant, 17.20 requires that the magistrate prepare a warrant. 17.30 code of criminal
[51:01.280 --> 51:07.920]  procedure requires the magistrate after an examining trial to certify all the proceedings
[51:07.920 --> 51:13.520]  had in the hearing cause, seal all documents had in the hearing in an envelope, cause his
[51:13.520 --> 51:19.680]  name to be written across the seal of the envelope, and forward it to the clerk of the
[51:19.680 --> 51:26.680]  court of jurisdiction. So, where is all of that stuff?
[51:26.680 --> 51:34.680]  Right. Well, the attorney had a case report, I guess you might call it. He had a report
[51:34.680 --> 51:42.880]  of like everything that happened and everything that the police officer, actually two of them,
[51:42.880 --> 51:47.360]  what his side of the story, I guess you would say, was. Everything that happened. I guess
[51:47.360 --> 51:50.360]  it looks like a police report, it doesn't, I wouldn't call it.
[51:50.360 --> 51:55.640]  Yes, okay, that's considered a statement of probable cause. It's often taken as the
[51:55.640 --> 51:56.640]  complaint.
[51:56.640 --> 52:01.640]  I mean, well, the attorney had it. I wasn't in her file, it was just the attorney had
[52:01.640 --> 52:04.240]  a file on her in his hands that he had.
[52:04.240 --> 52:10.120]  Okay. Let me get into the question here. When you went down to look at the file, I heard
[52:10.120 --> 52:15.120]  you say the clerk said there was only the indictment in there. Did you actually see
[52:15.120 --> 52:18.120]  the file and open it?
[52:18.120 --> 52:24.120]  Um, no, she actually, I take that back. Yes, I'm sorry. There's one piece of it, but I
[52:24.120 --> 52:28.880]  didn't actually read it, but she told me too, there's really nothing else that needs to
[52:28.880 --> 52:29.880]  be in here.
[52:29.880 --> 52:38.240]  Okay. Do not accept any legal advice from a clerk. Go back down there and ask for a
[52:38.240 --> 52:46.480]  certified, you can look on my website, jurisimprudence.com. Right. Yes, that's been it.
[52:46.480 --> 52:55.120]  Okay. Go to the top frog on the right, documents and research, and in the folder called blanks,
[52:55.120 --> 53:02.800]  you'll find a blank information request. Now, normally with a clerk, you don't have to give
[53:02.800 --> 53:09.640]  them a written request. They can ask for one, but generally they don't. But in this case,
[53:09.640 --> 53:21.800]  you want to download that blank request form and request from the clerk, all records contained
[53:21.800 --> 53:31.400]  in this particular file. And then when the clerk brings you the records, hand her another
[53:31.400 --> 53:42.080]  letter stating that the, you were given the entire contents of the file, which included
[53:42.080 --> 53:48.280]  and list everything in the file and asked the clerk to sign it or just initial, it would
[53:48.280 --> 53:56.840]  be sufficient so that you can establish that on this day at this time, this was all that
[53:56.840 --> 54:07.280]  was in the file. Okay. And then look at top frog on the left and rid of habeas corpus.
[54:07.280 --> 54:12.640]  That's what a rid of habeas corpus is supposed to look like. It doesn't need to be that long.
[54:12.640 --> 54:18.880]  This is another case where rid of habeas corpus is appropriate. And you might download that
[54:18.880 --> 54:26.880]  rid of habeas corpus and take it to her attorney or give it to her and ask her attorney to
[54:26.880 --> 54:36.000]  take this and adjust it for her case and file it. Now, what the attorney's going to do is
[54:36.000 --> 54:42.200]  jump up and down and wave her arms. He's not going to do this blah, blah, blah. Yeah. That's
[54:42.200 --> 54:48.000]  true. She needs to have already been bar or grieved. Yeah, he's probably not going to
[54:48.000 --> 54:57.720]  do it. He's really not very amicable. She's going to let him crucify her. She's going
[54:57.720 --> 55:06.880]  to let them do absolutely the worst possible thing they can do to her because she's terrified
[55:06.880 --> 55:16.640]  that they might do something worse. Yeah. So you can file a rid of habeas corpus. Okay.
[55:16.640 --> 55:24.840]  You don't have to be terrified. And always take a witness with you. Make sure your witness
[55:24.840 --> 55:35.040]  has a recorder. Okay. You can have one too. And I suggest you take two recorders. Make
[55:35.040 --> 55:41.440]  one obvious, the other not. And we had someone call. I think he was from Mississippi. No,
[55:41.440 --> 55:48.720]  he was from New York. And that's exactly what he had done. He had two recorders and the
[55:48.720 --> 55:55.320]  cops demanded that he turned one off. And with the second recorder, he recorded them
[55:55.320 --> 56:05.640]  discussing how to erase the tape. But they're down to record. Well, this is Ken again. One
[56:05.640 --> 56:15.040]  other option might be to mail the habeas corpus in by certified mail. Okay. Yeah, he's right.
[56:15.040 --> 56:21.560]  Never go down there unless you absolutely have to. Do everything from a distance.
[56:21.560 --> 56:30.600]  Okay. Let me explain that. You have to pretend that the clerk is going to be as recalcitrant
[56:30.600 --> 56:36.720]  as possible, if not intractable, about wanting to file this. So you send it by certified mail.
[56:36.720 --> 56:43.040]  You have to have a letter extracting the clerk to file it. Ken, bring it to the immediate
[56:43.040 --> 56:54.120]  attention of the judge in that cause of action. Yes. And when you file anything with the court
[56:54.120 --> 57:04.480]  by mail and clerks get filings by mail all the time, you always put a cover letter and
[57:04.480 --> 57:15.080]  always include a second document. Ask with a stamp self address envelope and ask the
[57:15.080 --> 57:21.800]  clerk to stamp that second document and return it in the stamp self address envelope. This
[57:21.800 --> 57:26.440]  is something that every attorney does so they get this all the time. So it won't be anything
[57:26.440 --> 57:37.360]  unusual. Okay. And absolutely what Ken said, direct the clerk to bring this to the attention
[57:37.360 --> 57:44.600]  of whatever judge she assigns it to and give her a place on your cover letter to indicate
[57:44.600 --> 57:52.520]  the court she assigns the writ to. And you can look in Chapter 11 of the Code of Criminal
[57:52.520 --> 58:01.480]  Procedure. It talks about writ of habeas corpus. And one of the things is they'll ask for
[58:01.480 --> 58:13.720]  a filing fee. 11.051 says a filing fee for a writ of habeas corpus is prohibited. So
[58:13.720 --> 58:21.200]  you need to know that we'll pick this up on the other side. It looks like we're going
[58:21.200 --> 58:28.080]  to the top of our break. This is Randy Kelton, Deborah Steven, J.D. Craig. We have law radio.
[58:28.080 --> 58:35.880]  Our call in number is 512-646-1984. The phone lines are open. Don't wait till the last minute.
[58:35.880 --> 58:41.880]  It generally begins to clog up right if you're here. So call in, get a place in line and
[58:41.880 --> 59:00.280]  we'll take the questions. Okay. Thank you for listening. We'll be right back from the other side.
[59:00.280 --> 59:05.640]  The Bible remains the most popular book in the world. Yet countless readers are frustrated
[59:05.640 --> 59:10.840]  because they struggle to understand it. Some new translations try to help by simplifying
[59:10.840 --> 59:17.320]  the text, but in the process can compromise the profound meaning of the Scripture. Enter
[59:17.320 --> 59:23.520]  the recovery version. First, this new translation is extremely faithful and accurate, but the
[59:23.520 --> 59:29.880]  real story is the more than 9,000 explanatory footnotes. Difficult and profound passages
[59:29.880 --> 59:35.280]  are opened up in a marvelous way, providing an entrance into the riches of the Word beyond
[59:35.280 --> 59:40.460]  which you've ever experienced before. Bibles for America would like to give you a free
[59:40.460 --> 59:46.480]  recovery version simply for the asking. This comprehensive yet compact study Bible is yours
[59:46.480 --> 59:57.760]  just by calling us toll-free at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:57.760 --> 01:00:03.400]  That's freestudybible.com. This news brief brought to you by the International
[01:00:03.400 --> 01:00:07.720]  Government of the United States. Rights group Avaaz said Thursday almost 3,000
[01:00:07.720 --> 01:00:12.280]  people have gone missing in Syria since the start of the uprising against President Bashar
[01:00:12.280 --> 01:00:17.880]  al-Assad four months ago. Rick and Patel of Avaaz said peaceful protesters are plucked
[01:00:17.880 --> 01:00:24.200]  from crowds by Syria's infamously brutal security forces never to be seen again. Syrian activists
[01:00:24.200 --> 01:00:31.080]  say more than 1,600 people have been killed. The head of the Libyan rebels armed forces
[01:00:31.080 --> 01:00:36.600]  and two aides were killed by gunmen Thursday, creating a power vacuum at the top of the
[01:00:36.600 --> 01:00:42.200]  opposition military hierarchy and raising questions about who was responsible. Abdel
[01:00:42.200 --> 01:00:47.520]  Fatah Yuniz was killed after being summoned to the rebel capital of Benghazi to appear
[01:00:47.520 --> 01:00:53.400]  before a judicial inquiry. Yuniz was to be questioned about possible ties to Mamar Qaddafi's
[01:00:53.400 --> 01:00:57.960]  regime. British lawmakers said Friday news corporations
[01:00:57.960 --> 01:01:03.480]  deputy chief operating officer James Murdoch would likely be recalled to clarify details
[01:01:03.480 --> 01:01:08.080]  about evidence on phone hacking he gave to a parliamentary committee. Following claims
[01:01:08.080 --> 01:01:13.280]  his testimony was mistaken. Tom Crone, News International's former top legal officer
[01:01:13.280 --> 01:01:19.640]  and Colin Myler, former editor of the News of the World, have disputed Murdoch's evidence.
[01:01:19.640 --> 01:01:25.000]  The Obama administration next week begins talks with Saudi Arabia over a civil nuclear
[01:01:25.000 --> 01:01:31.880]  trade agreement. A so-called 123 agreement named for the section of the 1954 Atomic Energy
[01:01:31.880 --> 01:01:37.680]  Act that governs international nuclear packs could offer Saudi Arabia access to advanced
[01:01:37.680 --> 01:01:43.560]  U.S. nuclear energy technologies, materials and know-how. Global Security Newswire reports
[01:01:43.560 --> 01:01:48.920]  the administration is weighing the possibility of initiating formal negotiations without
[01:01:48.920 --> 01:01:55.280]  demanding Riyadh except non-proliferation pledges. Critics say Riyadh could exploit U.S. atomic
[01:01:55.280 --> 01:02:00.800]  materials and expertise to develop its own nuclear weapons. Prince Turkey Al-Faisal,
[01:02:00.800 --> 01:02:05.680]  a former Saudi ambassador to the U.S., said last month his nation would develop nuclear
[01:02:05.680 --> 01:02:12.160]  weapons if neighboring Iran ever acquired them. Tehran is suspected of engaging in efforts
[01:02:12.160 --> 01:02:17.480]  to develop nuclear arms, though like Saudi Arabia it insists its program is dedicated
[01:02:17.480 --> 01:02:21.000]  to peaceful power generation.
[01:02:21.000 --> 01:02:24.840]  Leading members of the Palestinian Popular Committees in the West Bank are planning massive
[01:02:24.840 --> 01:02:30.640]  civil unrest and disobedience against Israeli occupation come September when the Palestinians
[01:02:30.640 --> 01:02:35.760]  take their case to statehood to the U.N. Israeli security forces meanwhile have been preparing
[01:02:35.760 --> 01:02:41.000]  for massive clashes. Apart from marches and protests, the Palestinian Popular Committees
[01:02:41.000 --> 01:02:46.080]  are working with grassroots organizations around the world, including boycott, divestment
[01:02:46.080 --> 01:02:51.960]  and sanctioned campaigners who will hold parallel protests of marches while calling for a boycott
[01:02:51.960 --> 01:03:17.280]  of Israeli products.
[01:03:21.960 --> 01:03:37.360]  Okay, this is Randy Kelton with Stephen Bader Craig here on the radio. We're starting in
[01:03:37.360 --> 01:03:43.760]  our third hour and the phones are beginning to light up a bit. Michelle, I know we're
[01:03:43.760 --> 01:03:52.160]  throwing a lot of stuff in but you can pull down the archives and listen to this two or
[01:03:52.160 --> 01:03:59.800]  three times. I'm hoping it'll begin to make sense and one thing Ken was right, do everything
[01:03:59.800 --> 01:04:07.680]  from a distance if you can. I personally have this little crazy thing that I like to go
[01:04:07.680 --> 01:04:16.840]  down there and jerk them around and for my efforts I have two broken collar bones, broken
[01:04:16.840 --> 01:04:24.480]  elbow, three dislocated ribs and two knocked out. So we don't suggest that you go down
[01:04:24.480 --> 01:04:31.800]  there and do the kind of stuff I do. I'm an angry person, I have a special motivation
[01:04:31.800 --> 01:04:38.680]  and it's more powerful if they never get to look at you. They don't get to talk to you,
[01:04:38.680 --> 01:04:46.320]  they don't get to reason with you, you just hammer them from a distance. If for any reason
[01:04:46.320 --> 01:04:55.200]  they want to meet with you, do not meet with them in their office. They're lioness obese,
[01:04:55.200 --> 01:05:07.400]  do not talk to them on the phone unless you're recording them. Do you have a recording device
[01:05:07.400 --> 01:05:13.320]  for your telephone? Yes, it does record. I don't know how well I've never used it but
[01:05:13.320 --> 01:05:20.200]  I do have the capability to record while I'm talking. Do you have Skype on your computer?
[01:05:20.200 --> 01:05:31.480]  I can, I've never used it. Skype is great. If you download Skype it's a free download
[01:05:31.480 --> 01:05:40.600]  and they want to talk to you. Call them from Skype but because you can go online and download
[01:05:40.600 --> 01:05:50.640]  a program called Call Graph. C-A-L-L-G-R-A-P-H. It's a free download and I've been through
[01:05:50.640 --> 01:05:58.120]  lots of these recorders for Skype and that's the only one that worked really well. Download
[01:05:58.120 --> 01:06:06.920]  Skype and download Call Graph and there's some instructions. You have to go into Skype
[01:06:06.920 --> 01:06:14.560]  into tools, into advanced and there's a place right at the very bottom where you tell it
[01:06:14.560 --> 01:06:26.000]  to use to allow this program to work in Skype. Then you turn on Call Graph and you'll get
[01:06:26.000 --> 01:06:32.080]  a little box down the corner of the screen. Then when you make your call it will automatically
[01:06:32.080 --> 01:06:42.600]  record the call and save it onto an internet site and it really gives you a nice recording.
[01:06:42.600 --> 01:06:51.840]  It records your voice on one track and their voice on the other track. I once got the prosecuting
[01:06:51.840 --> 01:06:59.920]  attorney in Randall County. I was working him over and he said, well Mr. Kelton I must
[01:06:59.920 --> 01:07:09.200]  be the stupidest prosecuting attorney in Texas. I'm glad you said that and then I played
[01:07:09.200 --> 01:07:16.040]  it on the air that night. That was wonderful and I would do absolutely nothing to contradict
[01:07:16.040 --> 01:07:22.880]  that opinion of yourself. Eddie was up there with me when we kind of worked a little run
[01:07:22.880 --> 01:07:31.320]  over but it makes a really good recording. It will come on automatically. They want to
[01:07:31.320 --> 01:07:36.040]  talk to you on the phone and tell them, don't call me. Let me know who you and I will call
[01:07:36.040 --> 01:07:45.720]  you so you can call them from Skype. If you can go into Skype and order an online number,
[01:07:45.720 --> 01:07:52.640]  if you don't do that it will give them some random number on their caller ID so they won't
[01:07:52.640 --> 01:07:58.280]  know where it's coming from. If you call the FBI they won't answer but this will give
[01:07:58.280 --> 01:08:06.840]  you a good recording. Let them know you want everything in writing and if they ask you
[01:08:06.840 --> 01:08:15.120]  if there's a problem tell them absolutely there's a problem. I don't trust any of you
[01:08:15.120 --> 01:08:23.640]  and let them hurt your feelings you don't care but let them know that you understand
[01:08:23.640 --> 01:08:33.360]  how things work. You're out there sharp shooting them and don't tell them anything that you
[01:08:33.360 --> 01:08:43.600]  don't absolutely have to. Be very careful answering questions. I once watched a man
[01:08:43.600 --> 01:08:51.160]  on the stand that I was very impressed with. Every time the attorney asked him a question
[01:08:51.160 --> 01:08:59.680]  he sat there and I could count to ten every time before he answered. The attorney was
[01:08:59.680 --> 01:09:05.840]  getting very frustrated and the judge was getting frustrated because he would wait for
[01:09:05.840 --> 01:09:12.600]  at least ten seconds and then he would answer. At one point the judge asked him, is there
[01:09:12.600 --> 01:09:19.600]  a problem? Well no your honor. Well why are you taking so long to answer? He said, well
[01:09:19.600 --> 01:09:26.080]  your honor this is very important and I'm reluctant to say the first thing that pops
[01:09:26.080 --> 01:09:36.480]  in my head I want to think about the question to make sure I answer it correctly. That does
[01:09:36.480 --> 01:09:50.160]  something else. It interrupts an unspoken expectation. When I ask you a question I anticipate
[01:09:50.160 --> 01:10:01.600]  an answer. I don't anticipate a pregnant pause. It is very disrupting to the other side and
[01:10:01.600 --> 01:10:10.280]  it also will keep you from just giving them a knee jerk answer. Always ask yourself is
[01:10:10.280 --> 01:10:19.880]  this important or is this guy just trying to lead me into answering real easy questions
[01:10:19.880 --> 01:10:28.960]  so he can increase the complexity or the sophistication of the question to sucker me into giving
[01:10:28.960 --> 01:10:37.080]  him information he can use against me. Because make no mistake if there is any way that these
[01:10:37.080 --> 01:10:46.360]  guys can twist and misconstrue what you say they are absolute pros at it. Tested lying
[01:10:46.360 --> 01:10:55.840]  by our police and prosecutors has been raised to an art form. With that said you may actually
[01:10:55.840 --> 01:11:05.960]  have some honest and fair and upright police officers and prosecutors. But if you act as
[01:11:05.960 --> 01:11:15.280]  if they are not it will never harm you. So this will also let them know that they're
[01:11:15.280 --> 01:11:24.480]  dealing with someone who knows how things work. Never ever threaten them. Never tell
[01:11:24.480 --> 01:11:34.240]  them what you're going to do. Just do it. It will give the impression that you're setting
[01:11:34.240 --> 01:11:46.240]  them up. So that's my advice and I know we've talked about a lot of stuff so once the show
[01:11:46.240 --> 01:11:53.240]  is over you can pull the archive down and listen to it. Listen to it three times. Understand
[01:11:53.240 --> 01:12:01.520]  what you're trying to do here is create politics. It's one of Ken's rules. Everything is political.
[01:12:01.520 --> 01:12:08.120]  You will not win your case because the law is on your side. You will win your case if
[01:12:08.120 --> 01:12:16.040]  the politics is on your side. So what you do by being an unseen untouchable sharpshooter
[01:12:16.040 --> 01:12:21.640]  is you become a threat to these guys from the outside. They have no idea who this is.
[01:12:21.640 --> 01:12:28.720]  They have no idea what they're being set up for and they will always come up with something
[01:12:28.720 --> 01:12:37.600]  much worse than the reality and that will give them a political reason to get your friend
[01:12:37.600 --> 01:12:44.360]  out of the court and be done with them. So that's my advice to you. Do you have any other
[01:12:44.360 --> 01:12:55.080]  questions? Actually my question was more about this sort of nursing but I think at this point
[01:12:55.080 --> 01:13:03.080]  I was thinking she would... Oh wait a minute. I'm sorry. My fault. We didn't answer the
[01:13:03.080 --> 01:13:10.440]  question you called about. This is Ken. One aspect about the nursing thing is she's
[01:13:10.440 --> 01:13:15.640]  got to put this behind her and after she puts it behind her then she can apply to get her
[01:13:15.640 --> 01:13:21.040]  nursing license back. I'm sure that that's in the rules. Yes and look at the nursing
[01:13:21.040 --> 01:13:29.360]  rules very carefully. That's why I called because I've been going over this. I myself
[01:13:29.360 --> 01:13:33.720]  from now on I'm kind of having a similar issue where I have to go to a hearing and if it
[01:13:33.720 --> 01:13:38.400]  kind of goes downhill the same way I did with her I'd ask if I, you know, what my rights
[01:13:38.400 --> 01:13:43.040]  were as far as suing and that's when I said, you know, my lawyer had said, no, don't
[01:13:43.040 --> 01:13:48.200]  oversee the Board of Nursing because it will just get thrown out. So they didn't, with
[01:13:48.200 --> 01:13:54.880]  her they didn't file charges that she received and they didn't file any type of like formal
[01:13:54.880 --> 01:13:58.840]  notice that she received. They told her they were investigating her. She had a letter on
[01:13:58.840 --> 01:14:04.320]  September 7th saying that and then on September 14th they held a hearing and she got the letter
[01:14:04.320 --> 01:14:09.440]  saying that her, her license had been revoked after that. Well, same with me, I'm supposed
[01:14:09.440 --> 01:14:14.040]  to go to a hearing in three weeks and I've never gotten any, any notice of it. Luckily
[01:14:14.040 --> 01:14:18.560]  I have a lawyer that he was contacted and told, okay, I have to go to a hearing in three
[01:14:18.560 --> 01:14:22.920]  weeks but there's never any, according to the Texas Administrative Code there's supposed
[01:14:22.920 --> 01:14:28.480]  to be this series of events that's supposed to happen as far as how they contact you and.
[01:14:28.480 --> 01:14:33.080]  Oh wait, you're expecting due process and for them to do what the law says, is that
[01:14:33.080 --> 01:14:38.800]  right? That's right. So that was my, my question I guess was kind of, I understand that the
[01:14:38.800 --> 01:14:43.800]  criminal charges on her and would need to be confronted but I, I was reading and through
[01:14:43.800 --> 01:14:48.520]  the Nursing Practice Act and the Texas Administrative Code, everything in there says that she has
[01:14:48.520 --> 01:14:52.720]  to be convicted. You have to be, the only way you can, your license can be revoked is
[01:14:52.720 --> 01:14:53.720]  under conviction.
[01:14:53.720 --> 01:15:00.320]  Okay, here's an interesting statute. If a public official acting under the call of his
[01:15:00.320 --> 01:15:06.640]  authority exerts or purports to exert an authority it does not expressly have or fails to perform
[01:15:06.640 --> 01:15:11.680]  a duty he's required to perform it in the process, deny the person full and free access
[01:15:11.680 --> 01:15:19.920]  to enjoyment of a right that's a crime in the state of Texas. It's a class A misdemeanor.
[01:15:19.920 --> 01:15:26.880]  The Nursing Board is purporting to act in an official capacity. If they have failed to
[01:15:26.880 --> 01:15:33.760]  purport to follow all of the laws relating to their office, that's a class A misdemeanor.
[01:15:33.760 --> 01:15:43.600]  Okay, so, I mean, this is Ken again. I'm pretty familiar with the administrative procedures
[01:15:43.600 --> 01:15:47.880]  in Texas. I'm not familiar with this particular type but some of the questions that I would
[01:15:47.880 --> 01:15:54.120]  ask would go to specifically if she was, when they charged her with something from the Nursing
[01:15:54.120 --> 01:16:00.520]  Board, whatever the accusation was to potentially suspend her or revoke her license, did she
[01:16:00.520 --> 01:16:04.960]  answer the charges or whatever? Did she actually have a hearing?
[01:16:04.960 --> 01:16:10.240]  Well, she, that was the problem. She never, when she, she actually was out of town and
[01:16:10.240 --> 01:16:14.680]  then when she came back she found out that she was supposed to be at the hearing on September
[01:16:14.680 --> 01:16:15.680]  14th.
[01:16:15.680 --> 01:16:21.440]  When did she get noticed? There's a provision for filing a request for re-hearing based on
[01:16:21.440 --> 01:16:27.800]  not getting adequate notice. Oh, well, I actually didn't, I only found out about this because
[01:16:27.800 --> 01:16:32.080]  I talked about it recently with her because I'm having kind of a similar, she was the
[01:16:32.080 --> 01:16:36.320]  Board of Nursing. So, I don't, she hasn't done anything about it because she kind of
[01:16:36.320 --> 01:16:41.560]  thought the same thing you did that she would have to go through the charges and first.
[01:16:41.560 --> 01:16:48.920]  Get her to call in next Thursday if you can. She probably won't, to be honest, but I'll
[01:16:48.920 --> 01:16:55.040]  try. Okay. And this is Randy Kelton, Debbie Stephens, Eddie Quake, Rue Vlaureno. We'll
[01:16:55.040 --> 01:16:57.360]  be right back on the other side.
[01:16:57.360 --> 01:17:04.920]  Capital Corn and Bullion is a family-owned and operated business that has helped many
[01:17:04.920 --> 01:17:09.840]  families and friends in protecting their assets and we would like to do the same for you.
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[01:17:56.080 --> 01:18:00.320]  or call 512-646-6440.
[01:18:00.320 --> 01:18:05.760]  My name is Randy Kelton and I co-host on Rue Vlaureno Radio. We specialize in showing
[01:18:05.760 --> 01:18:10.400]  people how to strike back against corrupt public officials. With the mortgage crisis
[01:18:10.400 --> 01:18:14.800]  worsening, we set our sights on finding a remedy for people who have been cheated by
[01:18:14.800 --> 01:18:19.760]  their lenders. If you have a mortgage or have paid yours off, you have probably been cheated
[01:18:19.760 --> 01:18:26.480]  out of thousands. But there is a remedy. Go to remediesinrealestate.com or call me at
[01:18:26.480 --> 01:18:34.640]  512-430-4140 and find out how to use the consumer protection laws to recover what the lenders
[01:18:34.640 --> 01:18:39.440]  have stolen through fraud and deception. We will prepare for you a qualified written
[01:18:39.440 --> 01:18:45.200]  request that will expose the fraud and put the lenders on the dime. Lender fraud is bankrupting
[01:18:45.200 --> 01:18:55.200]  this country and it's time to fight back. Go to remediesinrealestate.com or call 512-430-4140
[01:18:55.200 --> 01:19:11.120]  and get the information you need to stop the money changers in their tracks.
[01:19:25.200 --> 01:19:35.520]  Okay, we're back. Randy Kelton, Debbie Stephens, Eddie Crane on Rue Vlaureno Radio. And Michelle,
[01:19:35.520 --> 01:19:41.360]  if you call back Thursday, we'll go over this a little more and give me time to think about it
[01:19:41.360 --> 01:19:49.920]  and look into the administrative procedures a little more. And as to your friend, we can't
[01:19:49.920 --> 01:19:57.600]  help everybody. Some people are so terrified of the system that they're unable to fight against it.
[01:19:58.800 --> 01:20:05.520]  And what may be the best thing to help your friend is for you to beat back these guys yourself.
[01:20:07.360 --> 01:20:14.960]  But you might suggest that she petitioned the administrative board for a rehearing
[01:20:14.960 --> 01:20:24.400]  for lack of proper service. That is almost always a motion that will be heard or a request
[01:20:24.400 --> 01:20:30.400]  that will be responded to because it goes to a strict violation to the due process.
[01:20:31.360 --> 01:20:34.560]  Can you say the last part again for lack of what we've learned?
[01:20:34.560 --> 01:20:42.240]  Lack of proper notice. Lacking proper notice, the board is absolutely without any jurisdiction
[01:20:42.240 --> 01:20:50.560]  to move ahead because in this country, there's no trial by ambush. There's no trial in absentia.
[01:20:52.400 --> 01:20:58.000]  You have to have an opportunity to defend yourself. So that's what I suggest and you
[01:20:58.000 --> 01:21:03.520]  might want to listen to the archive a couple more times and then call us here next Thursday.
[01:21:03.520 --> 01:21:09.120]  We will try to stay more on point and not get distracted by the criminal accusations.
[01:21:09.120 --> 01:21:14.960]  Okay, thank you very much. Okay, thank you. Now we're going to go to
[01:21:15.920 --> 01:21:19.600]  Doug in Tennessee. Doug, what do you have for us?
[01:21:20.800 --> 01:21:27.840]  Hey guys, good to talk to you again. Good to have you on the show. I hope you become
[01:21:27.840 --> 01:21:39.120]  to regular. Last week I called in about a judge who lacked a proper oath of office
[01:21:40.240 --> 01:21:46.160]  and we had a three-way conversation that included a very nice lady by the name of Miss Wendy
[01:21:47.200 --> 01:21:52.720]  and I was hoping to get some contact information. She said that she...
[01:21:52.720 --> 01:22:03.040]  Yes, I saw your email today and I couldn't find Wendy's number. She hadn't sent me anything in
[01:22:03.040 --> 01:22:08.640]  quite a while so it's kind of buried down in there somewhere and I got several calls and
[01:22:08.640 --> 01:22:15.760]  got interrupted and at my age it's easy to get me distracted and when you get old like me you lose
[01:22:15.760 --> 01:22:23.040]  your short-term memory so if you will send me a new email so it'll be at the top I will
[01:22:24.400 --> 01:22:27.120]  dig out Wendy's number in the morning and get it to you.
[01:22:28.160 --> 01:22:31.600]  Very well, sir. I know you're busy and I do appreciate it very much.
[01:22:32.560 --> 01:22:40.000]  Okay, well, Wendy is my sweetheart. She started, she listened to the show a long time ago and
[01:22:40.000 --> 01:22:47.280]  she got started on this and she has absolutely been a holy terror
[01:22:48.800 --> 01:22:53.760]  for these guys in Tennessee so she will be of great assistance to you.
[01:22:55.040 --> 01:23:00.240]  Yes, sir. I was looking forward to her experience and maybe she could
[01:23:01.520 --> 01:23:06.800]  kind of guide me in this process and I could put her on my Christmas list.
[01:23:06.800 --> 01:23:12.560]  Okay, she will give you lots of guidance. Some of it may secure you.
[01:23:14.960 --> 01:23:20.400]  She's not afraid of anything or anyone. Okay, I will get that to her.
[01:23:21.520 --> 01:23:23.360]  Thank you, sir. Thank all of you guys.
[01:23:24.480 --> 01:23:30.800]  You are welcome. Now we're going to go to Walt in New York. Walt, what do you have for us tonight?
[01:23:30.800 --> 01:23:39.680]  Hi, Randy. Eddie. I want to ask you a question. Last week I thought I heard Eddie speaking
[01:23:39.680 --> 01:23:43.840]  something very quickly about anti-Brabri statement and I just want to ask you,
[01:23:43.840 --> 01:23:48.240]  do the federal court charges are all around the country? Do they have to comply with that?
[01:23:48.240 --> 01:23:52.160]  And could you explain what that is? That's written into our state constitution.
[01:23:52.160 --> 01:23:59.760]  Oh, so it doesn't apply to us? We all know that federal judges can take
[01:24:00.560 --> 01:24:06.880]  they do it all the time. In fact, this is the way it usually works. The judge will call in
[01:24:06.880 --> 01:24:14.880]  both attorneys and he'll say, okay, the prosecution's attorney offered me $20,000 to decide in their
[01:24:14.880 --> 01:24:20.320]  favor. The defense attorney offered me $25,000 to decide in their favor. So here's how we're
[01:24:20.320 --> 01:24:25.600]  going to do this. I'm going to refund $5,000 and we're going to judge this case on its merits.
[01:24:28.160 --> 01:24:29.200]  Not likely.
[01:24:32.960 --> 01:24:38.880]  Can I ask you one more question? Sure. Okay. In the area where I live in western New York,
[01:24:39.920 --> 01:24:46.800]  if you go into like the federal court building or the judicial law library, they have medical,
[01:24:46.800 --> 01:24:52.800]  excuse me, metal detectors. And what happens if I want to go in there and speak to the clerk
[01:24:54.320 --> 01:25:00.160]  or talk to reference librarian in the library and I want to tape it with a little tape recorder
[01:25:00.880 --> 01:25:05.360]  and they're going to they're going to find out what would happen, but would they allow me to
[01:25:05.360 --> 01:25:10.800]  go in with it or because I never had this, I never had a deal with this before. They might,
[01:25:10.800 --> 01:25:17.840]  but whether or not you can legally tape them, that's a matter of New York state law or you can
[01:25:17.840 --> 01:25:24.240]  in New York state with or without informing them. Yeah. So long as I'm aware of it, I can do it.
[01:25:24.240 --> 01:25:31.040]  So you're a one party state and you're positive about that. Yes, sir. Okay. If you're positive
[01:25:31.040 --> 01:25:36.080]  about it, fine. But what happens like when I go through the metal detector in the federal
[01:25:36.080 --> 01:25:40.800]  courthouse, just during the week, they not even for a court hearing, just want to go speak to the
[01:25:40.800 --> 01:25:46.880]  clerk, they tend not to let you. Most federal courthouses will not let you in with any kind of
[01:25:46.880 --> 01:25:53.600]  recording device. Well, they won't let you into the courtroom. No, they won't let you into the
[01:25:53.600 --> 01:26:00.240]  building. Generally, they won't let you in with telephones. But Deborah, at the last time she was
[01:26:00.240 --> 01:26:06.080]  in the federal court building, they let her go in with a camera and I was surprised to hear that.
[01:26:06.720 --> 01:26:12.640]  I'm sorry, with a cell phone. Oh, Randy, there's also one other thing. I have a very good friend
[01:26:12.640 --> 01:26:18.800]  who I believe had his house stolen from him. He missed two payments on the house. He went to
[01:26:18.800 --> 01:26:24.480]  make it in the bank. I believe it was Bank of America. They told him we sold the house
[01:26:24.480 --> 01:26:30.480]  to somebody else and they went and show him any paperwork. They wouldn't tell him who they sold
[01:26:30.480 --> 01:26:38.800]  it to. And I told him about your number and the number that you dialed to your remedies in real
[01:26:38.800 --> 01:26:45.360]  estate is not a working number at the last time I tried it. Has it been repaired? It's been repaired.
[01:26:45.360 --> 01:26:52.480]  The PSA, I made it. It should be up tomorrow or the next day. Okay, now Ken, my friend, his name
[01:26:52.480 --> 01:26:58.320]  is Bob. Can he do anything about this? It happened two years ago. Yes. He doesn't have any more
[01:26:58.320 --> 01:27:05.760]  paperwork or anything. We can find the paperwork. If there was a foreclosure, what state was he in?
[01:27:05.760 --> 01:27:12.800]  This is New York State. Okay, absolutely. There's something you can do. We go down to the first
[01:27:12.800 --> 01:27:19.440]  thing we do is go down to the court record. We can contact whoever the trustee was at the sale.
[01:27:19.440 --> 01:27:25.120]  What he needs to do is file a suit against them for legal foreclosure. Okay, thank you very much
[01:27:25.120 --> 01:27:31.680]  and I hope you tell me have a nice weekend. Yeah, and have him go to remediesinrealestate.com.
[01:27:32.400 --> 01:27:41.520]  Okay. And I have a new 800 number. It's 855-588-8501.
[01:27:41.520 --> 01:27:51.440]  Thank you, Randy. You are most welcome. Goodbye. Okey-doke. Now we're going to go to
[01:27:52.400 --> 01:27:58.720]  Doug in Texas. Yeah, Randy. Doug, what kind of trouble are you getting into now?
[01:27:59.920 --> 01:28:08.640]  Well, I want to ask you a real simple question as to why our little Jeff guy in
[01:28:08.640 --> 01:28:17.680]  Mississippi that was living in the university and they found he had a gun in his closet or
[01:28:17.680 --> 01:28:22.960]  something like that. Why didn't he be protected by the First Amendment and the United States
[01:28:22.960 --> 01:28:29.120]  Constitution? He can talk about it all day. You mean the Second Amendment?
[01:28:29.120 --> 01:28:40.640]  Second Amendment, right, right, right. And the First to talk about it like that. What this is, is as a condition of living on the campus,
[01:28:42.000 --> 01:28:49.840]  you must agree to waive this particular right. Contractual relationship of civil matter, not criminal.
[01:28:49.840 --> 01:29:06.320]  Okay. That the legislature has made it a crime to have a gun on a university campus. This is after
[01:29:06.320 --> 01:29:14.800]  that shooting, I think, in West Virginia. Randy, it doesn't matter what it's after. They don't have the right to override a
[01:29:14.800 --> 01:29:24.160]  constitutional right. Well, they do it all the time and nobody has challenged it and taken it to the
[01:29:24.160 --> 01:29:32.080]  Supreme Court and had it overruled like Sheriff Mack did with the Brady Act. And until they do, it will stand.
[01:29:33.040 --> 01:29:38.800]  So I agree that's the problem. When we come back on the other side, I have some questions for you
[01:29:38.800 --> 01:29:47.600]  about adverse, adverse possession of property. This is Randy Kelton, Deborah Stevens, Eddie
[01:29:47.600 --> 01:29:57.440]  Craig, Riva Radio. And we'll be back with our new unexpected guest speaker, Doug, on the other side, right back.
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[01:31:59.040 --> 01:32:27.440]  Okay, this is Randy Colton and Jeff Stevens at the break with Loreto. We're back. We're talking
[01:32:27.440 --> 01:32:35.680]  to Doug from Texas and recently there was a flurry of emails going around in a couple of
[01:32:37.040 --> 01:32:43.840]  newspaper reports about a guy in Flower Mound, Texas who found this property that had been
[01:32:43.840 --> 01:32:52.480]  foreclosed on and the mortgage company, there was some circumstance. The mortgage company was about
[01:32:52.480 --> 01:33:00.080]  a business and the property was sitting empty and he moved in it and took possession under
[01:33:00.080 --> 01:33:08.800]  adverse possession. But in his, what he was stating, he gave the impression you could just
[01:33:08.800 --> 01:33:15.600]  move into a property, pay the taxes on it and go down and get the property turned over.
[01:33:15.600 --> 01:33:24.800]  I've done some research on adverse possession and I knew that to be horse manure but I was glad
[01:33:24.800 --> 01:33:29.840]  Doug called because Doug and I have had some discussions about what happens when you don't
[01:33:29.840 --> 01:33:38.480]  pay property taxes and adverse possession and we have had a number of people call in and question
[01:33:38.480 --> 01:33:45.120]  you about, well, when I sue the lender, if I can't pay the lender, should I pay the property taxes?
[01:33:46.240 --> 01:33:55.680]  And I tell them absolutely, pay the property taxes. So Doug, without giving away any trade
[01:33:55.680 --> 01:34:04.960]  secrets, can you kind of give people an idea of what can happen to your property when you
[01:34:04.960 --> 01:34:11.680]  you don't maintain it? You know, if you have property that you don't see all the time like
[01:34:11.680 --> 01:34:18.160]  in another county or something and don't pay the taxes on it, what can happen?
[01:34:19.840 --> 01:34:25.280]  Randy, I think you have the wrong Doug. This is Doug from Bastrop.
[01:34:26.160 --> 01:34:34.400]  Oh, I do have the wrong Doug. And I do have property that my house is not on the Bastrop
[01:34:34.400 --> 01:34:44.400]  County tax rolls because I just built it out of my own pocket. Didn't get any permits and I have
[01:34:45.360 --> 01:34:56.160]  5.52 acres of unimproved property, even though I have a well and septic tank and a 1600 square foot
[01:34:56.160 --> 01:35:06.080]  house and this and that and other. I paid $700 a year tax on it, which is not worth fighting
[01:35:06.080 --> 01:35:13.440]  really, you know, $2 a day. I think I can handle that. Okay. Yeah, I miss, I miss, now I know
[01:35:13.440 --> 01:35:19.520]  who you are. You're the one with no computer. I'm no, I don't know. He's ain't bad computer.
[01:35:19.520 --> 01:35:26.560]  I'm not. That's the one in New York. No, no, this is, this is the one with no computer that
[01:35:26.560 --> 01:35:30.000]  doesn't know anything about computers. Now I know our recognition. I don't know anything
[01:35:30.000 --> 01:35:37.440]  about computers, but I know how to work at Rosie's daycare number three. Okay. Well, then
[01:35:38.320 --> 01:35:45.280]  since you're not familiar with adverse possession, let me go through a little of what I know about
[01:35:45.280 --> 01:35:52.000]  adverse possession. We had a guy in Flower Mound recently who moved into this $300,000 property
[01:35:52.880 --> 01:35:57.520]  because it had set empty for a couple of years and this right now with all the foreclosures,
[01:35:57.520 --> 01:36:03.280]  there are going to be lots of those. And he looked for the mortgage company and they were out of
[01:36:03.280 --> 01:36:11.200]  business and he couldn't find the, the owners. So there was nobody making the claim on the property.
[01:36:11.200 --> 01:36:19.840]  So he moved into it and paid the taxes. This keeps the, the tax people from selling the property.
[01:36:21.040 --> 01:36:29.280]  If you have a lien on property and don't pay the property taxes, the tax authority can come in
[01:36:29.280 --> 01:36:38.000]  underneath you and sell that property right out from under you. And if you have property that
[01:36:38.000 --> 01:36:47.520]  you own, but you don't live on it or near it, in taxes, you can, someone can move on to that property
[01:36:49.440 --> 01:36:57.520]  and take possession of it, but it's adverse possession. They have to take it adversely to
[01:36:57.520 --> 01:37:05.840]  the owner. And if they hold the property for seven years adversely, then they can put in a claim for
[01:37:05.840 --> 01:37:11.200]  possession. But if you come down there and see them on that property and say, Hey, what are you
[01:37:11.200 --> 01:37:16.960]  doing on my property? And they say, we're taking this under adverse possession. And you say, Oh,
[01:37:16.960 --> 01:37:24.240]  you don't have to do that. You can stay here until I tell you, you can't. Now it's not adverse anymore.
[01:37:25.760 --> 01:37:31.200]  So now they can't take it. But it's one of those little things in law. But this guy seemed to think
[01:37:31.200 --> 01:37:39.520]  you could just move in, pay the taxes, and then go down to the court and ask for a title to the
[01:37:39.520 --> 01:37:47.520]  property. You can't take seven years. And if you attempt to take property adversely, and you improve
[01:37:47.520 --> 01:37:56.720]  the property in the interim, and the owner comes back in six years, 11 months and 30 days, and says,
[01:37:56.720 --> 01:38:04.080]  get off my property. You have to leave the property with all the improvements and you have no claim.
[01:38:05.840 --> 01:38:10.240]  So if anybody's considering trying to take the piece of property through adverse possession,
[01:38:11.200 --> 01:38:19.920]  by all means do your homework first, because it's not so easy as it sounds. Okay, Doug, did you have
[01:38:19.920 --> 01:38:28.560]  any more questions or comments for us? Yeah, Randy, I got this place and I paid the owner
[01:38:28.560 --> 01:38:38.400]  of the land. And he sent me a bill of sales saying that I had paid him what he wanted,
[01:38:38.400 --> 01:38:46.640]  due consideration for the land. And it was mine free and clear. And I hadn't gotten around yet
[01:38:46.640 --> 01:38:53.920]  to going down and registering that with the county, because, you know, I'm just a hillbill here,
[01:38:53.920 --> 01:39:02.480]  whatever. What do I know? So I've just got a bill of sales. Okay, okay, you are trading thin ice.
[01:39:04.160 --> 01:39:10.240]  Because what may happen if you're not paying the taxes on it? No, I'm paying the taxes. Oh,
[01:39:10.240 --> 01:39:19.440]  okay, no problem. In care of the person that sold it to me, you know. Oh, okay, then you don't have
[01:39:19.440 --> 01:39:29.200]  a problem. There is probably a requirement that you register that sale with the clerk of the court.
[01:39:29.200 --> 01:39:35.520]  And I think there is a requirement that you register a sale within 30 days.
[01:39:35.520 --> 01:39:43.840]  But there is no real remedy if you don't. I mean, there's nothing they will really
[01:39:43.840 --> 01:39:52.960]  do to you if you don't. Right. So you're fine. Right. You know, I don't want to go down there and say,
[01:39:52.960 --> 01:40:01.040]  hey, I volunteer to be, volunteer to be a whatever. Yeah, you don't have to do that.
[01:40:01.040 --> 01:40:05.600]  Okay, let's move along. I've got one more caller and I got about three minutes left.
[01:40:06.960 --> 01:40:12.640]  Okay, thank you, Doug. Thank you, Rick. Okay, now we're going to go to Earl in New York.
[01:40:13.760 --> 01:40:20.960]  Earl, what do you have for us? Well, I got a couple things. One is a procedural question on
[01:40:22.640 --> 01:40:28.640]  a Supreme Court case here in New York about a contempt of court. And then, of course,
[01:40:28.640 --> 01:40:34.400]  I have a foreclosure, which is not as complex as some of the ones you handle.
[01:40:36.080 --> 01:40:43.360]  The foreclosure one, I guess I'll start with 2006, I had a horrible divorce and had no money,
[01:40:43.360 --> 01:40:51.600]  stopped paying payments. And this is before the big crash. And since that time, the bank did not
[01:40:51.600 --> 01:41:03.200]  move to take the property or to pour clothes until 2009. And since that time, they've been
[01:41:03.200 --> 01:41:09.120]  stalling and talking about trying to make a settlement. That's because they can't find
[01:41:09.120 --> 01:41:15.680]  paperwork they need. That's what I suspect. Now, I got a copy of the suit, of course,
[01:41:15.680 --> 01:41:23.600]  and I discovered that it's Ulster Bank, New York. And they keep telling me that my mortgage is part
[01:41:23.600 --> 01:41:29.600]  of their small town bank portfolio, which I don't believe. And when I went through the suit,
[01:41:29.600 --> 01:41:33.680]  I noticed that the company that's suing me has a different name than the company I took the
[01:41:33.680 --> 01:41:42.800]  mortgage with. It's Ulster Associates or Ulster Associates. It's a corporate entity that Ulster
[01:41:42.800 --> 01:41:52.560]  spun off in the early 2000s. In there is a note along gay for assignment in 2004. And it's signed
[01:41:52.560 --> 01:41:58.800]  by the secondary marketing specialist, which I assume is the guy that sold it to whoever.
[01:41:58.800 --> 01:42:05.840]  Okay. This is what I suggest you do. Are they moving toward foreclosure now?
[01:42:05.840 --> 01:42:13.040]  Well, what they did is they came back to me and said, we'll give you another mortgage and you
[01:42:13.040 --> 01:42:19.280]  could start paying your mortgage again, but you need to sign a 30-year mortgage at this outrageous
[01:42:19.280 --> 01:42:26.400]  rate. And I was in the middle of a 30-year mortgage. I had already refinanced in 96. In 96,
[01:42:26.400 --> 01:42:33.600]  they basically stuffed. I had paid every mortgage payment on time. I got divorced in 96 for my
[01:42:33.600 --> 01:42:39.360]  first wife. And I needed to buy her off the title. And they said, okay, you can only have a 30-year
[01:42:39.360 --> 01:42:45.120]  mortgage. It has to be an arm mortgage. And they basically stuffed that down my throat. So I was
[01:42:45.120 --> 01:42:50.000]  12 years into a 30-year mortgage. Okay. Okay. Wait, we're going to run out of time. Okay.
[01:42:50.000 --> 01:42:58.720]  Arm mortgage is always creditory. Okay. Sue them. Okay. What should we sue them for?
[01:42:58.720 --> 01:43:06.160]  We sue them. The first suit is for you. I don't know you. I didn't sign a contract with you.
[01:43:07.040 --> 01:43:12.800]  I signed with this other people. I signed a note with some of that in our first suit that we produce
[01:43:12.800 --> 01:43:20.240]  now. It's four pages. Right. Who are you? We don't know you. What note are you talking about? I don't
[01:43:20.240 --> 01:43:26.480]  know anything about a note. I don't know anything about a lien document. Prove it. Okay. We're about
[01:43:26.480 --> 01:43:31.920]  to run out of time. Go to remediesandrealestate.com. Can I hold over the break and come back after
[01:43:31.920 --> 01:43:37.360]  a second? Oh, yeah. We've got another segment. I thought we were out of time. Yeah. Absolutely.
[01:43:38.240 --> 01:43:43.600]  I'm getting old. I'm losing it. Okay. Yeah. Hang on over the break. This is Randy Kelton,
[01:43:43.600 --> 01:43:49.760]  Deborah Stevens, Eddie Cratton, River Law Radio. And if I don't fall asleep on the break, I'll be
[01:43:49.760 --> 01:43:58.080]  right back. Good. Good. That's a good name. Another customer.
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[01:46:23.200 --> 01:46:30.880]  Okay, we're back. Randy Kelton, Debra Stevens at EqurAPEG,
[01:46:30.880 --> 01:46:40.160]  ruleoflawradio. And here's what I suggest. To sue these guys is easy. It's a piece of cake.
[01:46:41.440 --> 01:46:47.360]  It sounds a lot more difficult than it is. We were filing a 50-page, about a 40-page suit,
[01:46:47.360 --> 01:46:56.480]  and we looked more closely at the current issues. And since all of this news has come down about
[01:46:56.480 --> 01:47:06.720]  the banks producing all this fraudulent paperwork, this issue of standing has become very important.
[01:47:08.000 --> 01:47:14.160]  And if you go to the court with a number of issues, the court will pick the issue it wants
[01:47:14.160 --> 01:47:22.000]  to deal with and throw your case out on that issue and ignore everything. Yes. And you have to go back
[01:47:22.000 --> 01:47:32.080]  and fight the other issues. So we read the suit, and this is all it is. It says, who are you?
[01:47:33.200 --> 01:47:40.480]  You come here and you demanded that I pay you this money. But I don't know who you are. I know you
[01:47:40.480 --> 01:47:47.440]  say you're the people I signed the note with, but I don't believe it. Yeah. I don't know anything
[01:47:47.440 --> 01:47:55.680]  about a note. I don't know anything about a lien. Prove that you are who you say you are.
[01:47:58.400 --> 01:48:08.720]  And it makes no accusations other than if you are, as I believe, not the true holder of the note
[01:48:08.720 --> 01:48:16.640]  or a proper agent of the true holder, then you are attempting to collect a debt which you have
[01:48:16.640 --> 01:48:22.160]  no authority to collect. And that's a violation of the Fair Debt Collections Practices Act.
[01:48:23.440 --> 01:48:30.000]  It's a civil rights violation, so it's federal. So you sue them in the federal court under
[01:48:30.000 --> 01:48:42.880]  Fair Debt Collections Practices Act and mail fraud because you sent me a demand that I pay you,
[01:48:42.880 --> 01:48:50.960]  but I don't think you have a right to be paid. I think you're a fraudster. So you sent a fraudulent
[01:48:50.960 --> 01:48:56.960]  document to the mail. I make this accusation against you. And you are attempting to collect this money
[01:48:56.960 --> 01:49:06.960]  for me improperly toward your own personal self-enrichment. And I charge them with violating
[01:49:06.960 --> 01:49:15.920]  the Fair Debt Collections Practices Act paragraph E and F. And I solve this in there. So that's all
[01:49:15.920 --> 01:49:24.960]  you need to do is just make up a suit and step eight, I don't know who you are. I don't know anything
[01:49:24.960 --> 01:49:32.320]  I don't know anything about a loan. I don't know anything about a lien document. Prove you're
[01:49:32.320 --> 01:49:42.160]  standing. And in order to do that, they have to have not only the original wedding signature note,
[01:49:43.600 --> 01:49:50.320]  three days, UCC 3-501 requires that they bring the original note. But that's not all
[01:49:50.320 --> 01:49:57.920]  because of the current practices that have come out in the news. You must also show me a complete
[01:49:57.920 --> 01:50:08.160]  chain of holdmanship of the note. The only way you can be a proper holder is if you received an
[01:50:08.160 --> 01:50:14.160]  assignment of the note from a proper holder who received it from a proper holder all the way back
[01:50:14.160 --> 01:50:24.720]  to the original lender. And you must show that you hold the lien document. And a complete chain
[01:50:24.720 --> 01:50:35.120]  of holdmanship of the lien document. And you must show that the lien and the security instrument,
[01:50:35.120 --> 01:50:45.920]  the note changed hands to the same holder at every transfer. If there was ever a separation,
[01:50:45.920 --> 01:50:56.000]  a bifurcation of the note and the lien document, the lien document became void. Because a holder of
[01:50:56.000 --> 01:51:04.560]  the lien document held the lien document to protect him against against harm for failure to pay the
[01:51:04.560 --> 01:51:12.320]  contractual agreement in the note. If they sold the note to someone else and accepted consideration,
[01:51:12.960 --> 01:51:18.800]  now they're holding the lien document to protect them. But they've sold the note and received
[01:51:18.800 --> 01:51:25.440]  consideration so they can't be harmed, the lien became void at that point. It does not become
[01:51:25.440 --> 01:51:34.160]  unvoid because they transfer it later to the holder of the note. So that's the claim that you make.
[01:51:34.160 --> 01:51:41.280]  So you just demand that they prove up all this chain of holdmanship. And if they get that proved
[01:51:41.280 --> 01:51:50.080]  up, then we say, oh, so you're that dirty rotten scoundrel that pulled all this fraudulent quack
[01:51:50.080 --> 01:51:57.200]  polo on me. So then you filed the big one. Then we got about a 40-page suit. We throw at them.
[01:51:57.200 --> 01:52:04.240]  So that's what I suggest you do. The only way you're going to get their attention,
[01:52:05.280 --> 01:52:08.480]  the only thing that's going to get them to pay attention to you is to sue them.
[01:52:09.920 --> 01:52:14.800]  They've had people talk about all kinds of other procedures, but I've never saw any that worked.
[01:52:17.200 --> 01:52:20.240]  We have close to 500 people in the federal court right now.
[01:52:21.600 --> 01:52:25.680]  We can't guarantee that you win if you sue them because the courts are corrupt.
[01:52:25.680 --> 01:52:30.960]  There's a share back them up, and the way the sky's falling in on these lenders,
[01:52:32.000 --> 01:52:34.480]  there's a good chance they're going to start coming to the table.
[01:52:37.600 --> 01:52:40.640]  Randy? Okay, there we go. I'm sorry I didn't have you unmuted.
[01:52:40.640 --> 01:52:45.600]  Oh, yeah, I was trying to ask a question. There's two liens on the property. One,
[01:52:46.720 --> 01:52:52.000]  I was a week late on my property taxes, and they superseded me using the clause of the contract
[01:52:52.000 --> 01:52:59.120]  and lent me that money and paid it off. And on that lien, it's unsigned by their party,
[01:52:59.120 --> 01:53:04.800]  by their side in any way. But it has a note along it, on the back of it,
[01:53:06.160 --> 01:53:13.600]  purportedly from that error, with a signature on it. So the actual note,
[01:53:14.640 --> 01:53:18.080]  the lien note, has no signature on it from... Okay, okay, hold on.
[01:53:18.080 --> 01:53:21.600]  The lien and note, two different documents. Okay, sorry.
[01:53:22.400 --> 01:53:29.520]  Okay, no, I just want to clarify. The lien document is the deed of trust or the mortgage.
[01:53:31.040 --> 01:53:36.480]  The promissory note, that's the security instrument.
[01:53:36.480 --> 01:53:38.320]  Okay, the promissory note is unsigned.
[01:53:40.000 --> 01:53:44.080]  It really doesn't need to be. And let's say signed by you, has to be signed by you.
[01:53:44.080 --> 01:53:50.960]  Okay. If... A contract is a contract when something of value changes hands.
[01:53:50.960 --> 01:53:58.080]  Right. The largest award in history before the Exxon Valdez award
[01:53:59.040 --> 01:54:07.040]  was to get the oil on a verbal contract. Nobody had signed anything, but something of value had
[01:54:07.040 --> 01:54:16.320]  changed hands. The lender gave you the warranty deed on the property.
[01:54:16.880 --> 01:54:22.880]  Right. And in return, you gave them a promise to pay. Nobody had to sign anything.
[01:54:23.840 --> 01:54:27.040]  The lender would have wanted you to sign the promise.
[01:54:28.160 --> 01:54:30.560]  Okay, what about no elongates that are...
[01:54:30.560 --> 01:54:36.320]  Okay, elongates, okay....attached to documents that, you know, for assignment.
[01:54:36.320 --> 01:54:38.560]  Okay. Is that what you're questioning?
[01:54:39.120 --> 01:54:50.560]  Yes. Does the allange have something on it that clearly indicates that it belongs to this document
[01:54:50.560 --> 01:54:51.440]  and no other?
[01:54:52.640 --> 01:54:57.680]  No. It's a blank piece of paper with a paragraph saying it's assigned
[01:54:57.680 --> 01:55:01.680]  and a signature and that's it. And it's in the, you know, package.
[01:55:01.680 --> 01:55:07.680]  Okay. What does it say specifically? What note, loan number?
[01:55:07.680 --> 01:55:08.560]  Yup. It has that.
[01:55:08.560 --> 01:55:17.680]  Okay. If it has something that specifically attaches it to the original loan and all this nonsense
[01:55:17.680 --> 01:55:27.680]  about paperclip holes and that does horse manure. If it indicates the loan number on that,
[01:55:27.680 --> 01:55:33.680]  it needs a proper allange. However, if this thing has been sold into the secondary market,
[01:55:33.680 --> 01:55:35.680]  that was the other thing it was going to go to.
[01:55:37.680 --> 01:55:43.680]  It is take all of these signatures from all of the documents filed in the clerk's office.
[01:55:43.680 --> 01:55:51.680]  Take them to a private investigator and have him run those signatures and see if those signatures
[01:55:51.680 --> 01:55:53.680]  are the people they claim to be.
[01:55:55.680 --> 01:55:57.680]  Look for RoboSigner.
[01:55:57.680 --> 01:56:05.680]  RoboSigner. You find a RoboSigner? Don't tell him yet, but they got a problem.
[01:56:05.680 --> 01:56:11.680]  They've been filing these bogus documents and their problem is, is once you file something
[01:56:11.680 --> 01:56:21.680]  into the court record or into the county registrar's office, it never goes away.
[01:56:21.680 --> 01:56:23.680]  So they've got all these documents in there.
[01:56:23.680 --> 01:56:27.680]  If you've got a bogus signature on one of them, it breaks the chain.
[01:56:27.680 --> 01:56:31.680]  Do they, should I check with the county to make sure they've re-registered the property?
[01:56:31.680 --> 01:56:37.680]  Absolutely. They've got 30 days. A holder of the property can hold,
[01:56:37.680 --> 01:56:45.680]  if he only intends to hold the property temporarily, he can hold it for 30 days without registering it.
[01:56:45.680 --> 01:56:47.680]  Right.
[01:56:47.680 --> 01:56:53.680]  If he transfers it to someone else, then they have to register it.
[01:56:53.680 --> 01:56:55.680]  So you look for...
[01:56:55.680 --> 01:56:59.680]  I have a question about Supreme Court or, you know, New York Supreme Court procedure.
[01:56:59.680 --> 01:57:03.680]  I don't know if that's off base.
[01:57:03.680 --> 01:57:07.680]  No, that's the Real Estate Settlement Procedures Act.
[01:57:07.680 --> 01:57:11.680]  Okay. Well, this is an unforeclosure. It's on something else.
[01:57:11.680 --> 01:57:19.680]  It's a divorce. And my ex-wife petitioned the court to fire me and contempt the court for money.
[01:57:19.680 --> 01:57:23.680]  I didn't pay her. And it's part of a divorce settlement. I don't have the money.
[01:57:23.680 --> 01:57:25.680]  Oh.
[01:57:25.680 --> 01:57:31.680]  Well, it happens, you know. And she served me with the, you know, she served me.
[01:57:31.680 --> 01:57:37.680]  But in the package she served, there was what purported to be an affidavit,
[01:57:37.680 --> 01:57:43.680]  but it was a handwritten, you know, or filled in. There was a minimograph copy of an affidavit,
[01:57:43.680 --> 01:57:46.680]  partially filled in with no signature and no notary stamp.
[01:57:46.680 --> 01:57:48.680]  It's not an affidavit.
[01:57:48.680 --> 01:57:55.680]  Right, exactly. So I challenged that and said it was legally incompetent and made a motion to dismiss
[01:57:55.680 --> 01:58:00.680]  and restart the case. And I just received an order from the judge.
[01:58:00.680 --> 01:58:08.680]  Basically saying that typically in New York practice, which well predates the invention of photocopy machine,
[01:58:08.680 --> 01:58:13.680]  copies of litigation papers served by parties upon each other do not bear original signatures.
[01:58:13.680 --> 01:58:16.680]  The original signatures are for the court.
[01:58:16.680 --> 01:58:19.680]  Now, can I appeal?
[01:58:19.680 --> 01:58:26.680]  Yeah. Well, okay. You have to check and see if there is an original file in the court itself.
[01:58:26.680 --> 01:58:27.680]  There is.
[01:58:27.680 --> 01:58:32.680]  Okay, then that's good enough. You don't have to have the, it's only one original.
[01:58:32.680 --> 01:58:34.680]  Okay, we're going to run out of time.
[01:58:34.680 --> 01:58:37.680]  We can call back next Thursday and we can finish this up.
[01:58:37.680 --> 01:58:39.680]  Okay. Thanks, Randy.
[01:58:39.680 --> 01:58:43.680]  Okay, this is Randy Kelton and Debra Stevens. Eddie Craig, rule of law radio.
[01:58:43.680 --> 01:58:51.680]  Thank you all for listening in and for all you callers and Eddie and Debra will be back Monday
[01:58:51.680 --> 01:58:54.680]  with their traffic show and I'll be back Thursday.
[01:58:54.680 --> 01:58:59.680]  Thank you for calling and good night.
[01:59:24.680 --> 01:59:30.680]  Thank you.
[01:59:54.680 --> 01:59:59.680]  Thank you.