Motion To Deny Pretrial Jurisdiction Hearing Oct09 by danzmark

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09 October 2009
To: HERB EVANS , Justice Of The Peace P.O. Box 1748 Austin, Texas 78767 Re: Cause no. 070432 Fr: DANIEL W. HARBAUGH 8218 Braniff St. Houston, Texas 77061

MOTION TO DENY HEARING ON DEFENDANT’S PLEA TO THE JURISTRICTION AND SPECIAL EXCEPTION ------------------------------------------------------------------------------------------------------------------------------You are hereby notified that the above styled and numbered case has been SET for a PRETRIAL HEARING on DEFENDANTS' PLEA TO THE JURISDICTION AND SPECIAL EXCEPTIONS for
',"" NOVEMBER 12, 2009, at 1:30 P.M. The hearing will be heard by Justice of the Peace, Herb Evans. His office is located at 1000 Guadalupe, Room 117, Austin, Texas.

Please bring with you any documents you think: are necessary to support your claim.
(MUST BRING ENOUGH COPIES OF YOUR DOCUMENTS TO PROVIDE A SET FOR THE COURT AND A SET FOR EACH PARTY. IF YOU DO NOT COME PREPARED THE COURT MAY ASSESS FEES FOR ANY ADDITIONAL COPIES REQUIRED.)

Dear Judge Evans:

(1) It is my understanding that a Move, Motion, Request by either Defendant or Plaintiff brought before a Court requires the originator to furnish the other party with a copy of same prior to a decision on same. No such copy was ever received. (2) Obviously, I cannot come prepared with documents to support my claim if the Defendant has not provided me with his documents on the action he seeks. (3) Further, Defendant’s objective in this Hearing could just as well be accomplished in the actual trial simply by a Move For Dismissal on the basis of the Jurisdiction and Special Exceptions he cites. (4) As a plain citizen acting as my own Attorney, as provided in Small Claims Court, I am a “Disabled Attorney” under American Disabilities Act (ADA), and an “Elderly Individual” under TX Human Resources Code 102.003, with “Special Rights” ,“in addition to those enjoyed by all Texans.” I am 82, a disabled Veteran/WWII, and requiring my appearance in an Austin Court is a physical hardship and at great expense, especially considering the modest $600 award sought. (5) I therefore hereby request this Hearing be denied, and cancelled, on ground is was improperly obtained.
Sincerely, Daniel W. Harbaugh


								
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