http://www.prosefights.org/nmlegal/secondvoid/secondvoid.htm#moralespayne

Arrived Saturday October 13, 2007.

Note that lawyer Walz does not respond to the motion but rather tries to attack plaintiffs. And, of course, plaintiffs are not filing any new lawsuits ... merely filing a motion in existing lawsuits.

Note "Making Legal History."

Appearance is made that Walz is trying to get us into a verbal hearing to judge on the merits of his attacks, not our motion. Let's not do this.

Walz may have again, in writing, violated New Mexico criminal statutes in below responses to yet undocketed motion.

http://www.prosefights.org/nmlegal/secondvoid/secondvoid.htm#walzmoralespayne

Walz text scanned.

SECOND JUDICIAL DISTRICT COURT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO

No. CV-2002-3425

ARTHUR R. MORALES, and WILLIAM H. PAYNE,
Plaintiffs,

v.

W. JOHN BRENNAN,
KENNETH G. BROWN,
WILLIAM HAAS,
PATRICIO M. SERNA, and
WALZ AND ASSOCIATES
Defendants.

COME NOW, Defendants W. John Brennan. Kenneth G. Brown, William Haas, Patricio M. Sema, and Walz and Associates, by and through counsel, Jerry A. Walz, Walz and Associates, hereby respond to Plaintiffs Arthur R. Morales and William H. Payne pleadings as follows:

1. This matter was dismissed pursuant to court order entered July 8, 2002, by the Honorable Robert H. Scott. Jurisdiction was at all times proper, and no appeal from the dismissal orders was taken by the Plaintiffs. The following dismissal orders which resolved all claims advanced by Plaintiffs are attached as follows:

a. Order Granting Defendants' Joint Motion to Dismiss Plaintiffs' Compliant Against W. John Brennan, Kenneth G. Brown and Patricio M. Sema on the Basis of Absolute Judicial Immunity.

b. Order Granting Defendants' Motion to Dismiss Plaintiffs' Complaint Against Walz and Associates for Failure to State A Claim Upon Which Relief May be Granted.

c. Order Granting Defendants' Motion to Dismiss Plaintiffs' Complaint Against William Haas for Failure to State a Claim Upon Which Relief May be Granted.

d. Order Granting Defendants' Motion for Injunctive Relief Prohibiting Arthur R. Morales from Filing Lawsuits in New Mexico Courts Without Representation of Licensed Counsel.

e. Order Granting Defendants' Motion for Injunctive Relief Prohibiting William H. Payne from Filing Lawsuits in New Mexico Court Without Representation of Licensed Counsel.

2. The current pleadings filed by Mr. Morales and Mr. Payne are frivolous, out of time, and in direct violation of two separate orders which permanently enjoin these plaintiffs from filing these types of pleadings.

3. The terms and conditions of the injunction entered in these proceedings which prohibits this type of behavior from Mr. Morales are clear and unambiguous. A copy of Judge Scott's order granting the injunctive relief is attached.

4. In another state district court action, co-plaintiff William H. Payne was also enjoined by an order entered on May 16, 2002, from the Honorable Kenneth Brown from filing this type of pleading without meeting specific terms and conditions as identified in that order. The Order granting injunctive relief against Mr. Payne is attached. Both Mr. Morales and Mr. Payne are in direct violation of the respective injunctive orders entered by Courts of competent jurisdiction, and the court should impose appropriate sanctions against them.

Respectfully, the Court in these proceedings should order the following:

1. That Mr. Morales and Mr. Payne be ordered to personally appear before the Court to show cause why they should not be held in contempt;

2. That should the Court find that Mr. Morales and Mr. Payne have violated the terms and conditions of the respective injunctions entered against them, that the Court hold them in contempt and fix an appropriate penalty and enforce it accordingly in a manner in which these two individuals will understand that they can not violate the respective injunctions entered against them.

3. That the Court order that Mr. Morales and Mr. Payne to pay all reasonable attorney fees and costs incurred in the defense of this matter based on their direct and intentional violation of the terms and conditions of the respective injunctions entered against them . The Court, pursuant to N.M. Stat. Ann. § 34-1-2, has the proper authority to impose sanctions for violations of court orders. N.M. Stat. Ann. § 34-1-2 (It shall be within the power of each and every presiding [officer] of the several courts of this state, whether of record or not of record, to preserve order and decorum, and for that purpose to punish contempts by reprimand, arrest, fine or imprisonment, being circumscribed by the usage of the courts of the United States.) See also Consoles v. Surgidev Corp., 120 N.M. 151, 154 (N.M. 1995) (An award of sanctions is based on a party's misconduct towards the court. The court may award civil contempt sanctions even when the underlying claim is dismissed. An award of civil contempt sanctions attempts to "compensate the complainant for losses sustained.")(quoting State e.x re]. Apodaca v. Our Chapel of Memories of New Mexico, Inc., 74 N.M. 201, 204, 392 P.2d 347, 349 (1964))(intemal cites omitted) State ex rel. Apodaca v. Our Chapel of Memories, 74 N.M. 201, 204 (N.M. 1964) (Judicial sanctions may, however, be employed in civil contempt for either or both of two purposes: to coerce the defendant into compliance with the court's order and to compensate the complainant for losses sustained.) The court should utilize that power and authority to secure compliance from Mr. Morales and Mr. Payne regarding the injunctions entered against them.

Respectfully Submitted

WALZ AND ASSOCIATES Jerry Walz, Esq.
Attorney for Defendants
12009 N.Hwy l4 \J
Cedar Crest, NM 87008
(505)281-3414

I HEREBY CERTIFY that a true and accurate copy of the foregoing was submitted via U.S. Mail to the following this 11Lh day of October, 2007:

Arthur R. Morales, Pro Se
465 Washington St SE
Albuquerque, NM 87108

William H Payne, Pro Se
13015CalledeSandiasNE
Albuquerque, NM 87111

Alfred D. Creecy Attorneys at Law William J. Moon

*Also Admitted

Mr. Arthur R. Morales Mr. William H. Payne
465 Washington St NE 13015 Calle de Sandias NE
Albuquerque, NM 87108 Albuquerque NM 87111
RE: Morales, et id., v. Brennan, et al.
CAUSE NO. D-202-CV-03425

Dear Mr. Morales and Mr. Payne,

Enclosed please find Defendants' Response to Motion for Relief from Judgment and Order and Mandatory Judicial Notice and Authorities to Vacate Judgments for Lack of. Jurisdiction which was filed with Second Judicial District Court on Thursday, October 11, 2007.

Should you have any questions relating to this response please do not hesitate to contact our office.

Sincerely,

WALZ AND ASSOCIATES

Steph Chavez,

Legal Assistant for Jerry A. Walz

JAW/sc
Enclosure

SECOND JUDICIAL DISTRICT COURT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO

WILLIAM H. PAYNE,
Plaintiffs,

v.

W. JOHN BRENNAN, and
W. DANIEL SCHNEIDER, Defendants.

COME NOW, Defendants W. John Brennan, W. Daniel Schneider, by and through counsel, Jerry A. Walz, Walz and Associates, hereby respond to Plaintiff William H. Payne's pleadings as follows:

1. This matter was properly dismissed on May 16, 2002, by the Honorable Kenneth Brown, sitting by designation. Jurisdiction at all times in these proceedings was proper, and no appeal from the dismissal order was taken by Pro Se Plaintiff William H. Payne. A copy of the Honorable Kenneth Brown's May 16, 2002, order is attached as Exhibit A.

2. The current pleadings filed by Mr. Payne are frivolous, out of time, and in direct violation of the order entered May 16, 2002, which granted Defendants' Motion for Injunctive Relief which prohibits Mr. Payne from filing any Pro Se pleadings in any New Mexico Court with the following exceptions:

a. "Nothing in the {the Court-s Order} Order precludes Plaintiff William. H Payne from filing a lawsuit in New mexico Court if the lawsuit is filed by a licensed New Mexico attorney, or if approved by tghe judge assigned to the case"

3- A copy of the Court's Mav 16 ?nn-> A May 16, 2002. order granting the above injunctive relief and other conditions is attached hereto as Exhibit B.

By filing the present pleadings, Mr. Payne was committed a direct violation of the Injundction entered against him by the court. The pleadings do not appear under the singnature of tha licnesed New mexico Attorney, not does it appear thaat the Judge assigned to the case has approved the filing.

However, as to these particular pleading filed in violation of the injunction, the Court respectfully should order the following

1. That Mr. Payne should be ordered to personally appear before the Cpurt to show cause whey he sould not be held in comtempt of Court.

2. That the Court in fact find that Mr. Payne is in contempt of the Courts clear and unambiguous injuction , and the Court affix an appropriate penalty and enforce it accordingly so that.Mr. Payne will understand that he cannot deliberately violate the injunction;

3. That the Court order that Mr. Payne pay all reasonable attorney fees and costs incurred in defenseof this matter based on Mr. Payne's direct and intentional violation of the terms and conditions of the injunction.

4. That the Court deny the requested relief. The Court, pursuant to N.M. Stat. Ann. § 34-1-2, has the power and authority to impose sanctions for violations of its order. N.M. Sfal. Ann. § 34-1-2 (It shall be within the power of each and every presiding [officer] of the several courts of this state, whether of record or not of record, to preserve order and decorum, and for that purpose to punish contempts by reprimand, arrest, fine or imprisonment, being circumscribed by the usage of the courts of the United States.) See also Gomales v. Surgidev Corp., 120 N.M. 151, 154 (N.M. 1995) (An award of sanctions is based on a party's misconduct towards the court. The court may award civil contempt sanctions even when the underlying claim is dismissed. An award of civil contempt sanctions attempts to "compensate the complainant for losses sustained.")(quoting State ex rel. Apodaca v. Our Chapel of Memories of New Mexico. Inc.. 74 N.M. 201, 204, 392 P.2d 347, 349 (1964))(internal cites omitted) State ex rel. Apodaca v. Our Chapel of Memories, 74 N.M. 201, 204 (N.M. 1964) (Judicial sanctions may, however, be employed in civil contempt for either or both of two purposes: to coerce the defendant into compliance with the court's order and to compensate the complainant for losses sustained.) The Court should use that power and authority here to secure compliance from Mr. Payne of the injunction that has been in place against him since May 16, 2002.

Respectfully Submitted,

WALZ AND ASSOCIATES
Jerry A Walz Attorney for Defendants, Esq.
12009 N.Hwy 14 ]Cedar Crest, NM 87008
(505)281-3414

I HEREBY CERTIFY that a true and accurate copy of the foregoing was submitted via certified U.S. Mail to the following this 10th day of October, 2007:
William H.Payne, Pro Se
13015Calle de Sandias NE
Albuquerque, NM 87111

Penelope Smith
Clerk's Office
District Court
Second Judicial District
POB 488
Albuquerque, NM 87103

Dear Ms Smith:

Thank you for your September 2006 letter.

Enclosed is an original of MOTION FOR RELIEF FROM JUDGMENT AND ORDER, MANDATORY JUDICIAL NOTICE AND AUTHORITIES TO VACATE JDUGMENTS FOR LACK OF JURISDICTION for both cases CV 2002 3425 and 2001 7794.

Also included are NOTICE OF HEARING and addressed stamped envelopes for all parties entitled to notice.

We also enclose a copy of REQUEST FOR HEARING for CV 2002 3425 and 2001 7794 which are mailed to all parties entitled to notice.

We have had unfortunate experience judges as evidenced by

so we would like to keep all communications in writing and avoid face-to-face interactions with judges if possible.

Please be aware of

1-088. Designation of judge.

Procedure for replacing a district judge who has been excused or recused. In the event a district judge has been excused or recused, counsel for all parties may agree to a district judge to hear all further proceedings and if that district judge so agrees, the clerk of the district court shall assign the case to such district judge. In the event counsel for all parties do not stipulate upon a district judge to try the case or the district judge upon whom they agree refuses to accept the case, within ten (10) days, or in the event that one party notifies the clerk of the district court in writing that they will be unable to agree on a replacement district judge, the clerk shall assign a district judge of another division at random, in the same fashion as cases are originally assigned or pursuant to local district court rule. If all district judges in the district have been excused or recused, and the counsel for all parties have not agreed within ten (10) days on a judge to hear the case, the clerk of the district court shall notify the chief justice of the Supreme Court of New Mexico, who shall designate a judge, justice or judge pro tempore to hear all further proceedings.

Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
amorales58@comcast.net

Distribution

bill.leonard@nara.gov
gregory.pannoni@nara.gov
foialo@nsa.gov
julia.eichhorst@ic.fbi.gov
the.secretary@hq.doe.gov
alexander.morris@hq.doe.gov
McClenaghan c/o jayala4@leo.gov

NO. CV 01-7794

WILLIAM H PAYNE
Plaintiff,

vs.

W JOHN BRENNAN and W DANIEL SCHNEIDER
Defendants.

1. Assigned judge: THE HONORABLE________________________________

2. Type of case: Breach of Contract

3. Jury: $322 12 person jury trial guaranteed inviolate by New Mexico and US Constitutions.

4. Dates of hearings presently set:

5. Specific matter(s) to be heard upon this request: Sign mandatory, not discretionary, relief to vacate judgments for reason that judgments are void for lack of jurisdiction.

6. Estimated total time required: 5 minutes.

7. Attach separate sheet(s) listing name, firm, capacity, address, and telephone numbers of all parties entitled to notice.

Signature

_______________________________
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037

I certify that a copy of this request for hearing as mailed to all other parties entitled to notice on this ___________ day of October, 2007.

Plaintiff Pro Se:

Defendants' Attorneys:

Walz & Associates
12009 State Highway 14 N.
Cedar Crest, NM 87008

NO. CV 01-7794

WILLIAM H PAYNE
Plaintiff,

vs.

W JOHN BRENNAN and W DANIEL SCHNEIDER
Defendants.

A Hearing in this case is set before the HONORABLE ________________________as follows:

DATE OF HEARING: _______________________________________

TIME OF HEARING: _______________________________________

LENGTH OF HEARING: _____________________________________

PLACE OF HEARING: Bernalillo County District Court
400 Lomas Blvd., NW
Albuquerque, NM

MATTERS TO BE HEARD: All evidence of void judgments is in writing in motion. No oral argument is required.

THE HONORABLE ____________________________
By _______________________________________

Notice mailed or delivered on to parties listed on attached sheet.

By _______________________________________

Plaintiff Pro Se:

William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037

Defendants' Attorneys:

Walz & Associates
12009 State Highway 14 N.
Cedar Crest, NM 87008

1. Assigned judge: THE HONORABLE________________________________

2. Type of case: Breach of Contract

3. Jury: $322 12 person jury trial guaranted inviolate by New Mexico and US Constitutions.                                                   

4. Dates of hearings presently set:

5. Specific matter(s) to be heard upon this request: Sign mandatory, not discretionary, relief to vacate judgments for reason that judgments are void for lack of jurisdiction.

6. Estimated total time required: 10 minutes

7. Attach separate sheet(s) listing name, firm, capacity, address, and telephone numbers of all parties entitled to notice.

Signatures

_______________________________
Arthur R. Morales
465 Washington St SE
Albuquerque, NM 87108
505-3230-7277


_______________________________
William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037

I certify that a copy of this request for hearing as mailed to all other parties entitled to notice on this ___________ day of October, 2007.

NO. CV 2002 3425

Arthur R Morales
William H Payne
Plaintiffs,

vs.

W John Brennan
Kenneth G Brown
William Haas
Patricio M Serna
Walz and Associates
Defendants.

A Hearing in this case is set before the HONORABLE

________________________as follows:

DATE OF HEARING: _______________________________________

TIME OF HEARING: _______________________________________

LENGTH OF HEARING: _____________________________________

PLACE OF HEARING: Bernalillo County District Court
                                      400 Lomas Blvd., NW
                                      Albuquerque, NM

MATTERS TO BE HEARD: All evidence of void judgments is in writing in motion. No oral argument is required.

THE HONORABLE ____________________________

By _______________________________________

Notice mailed or delivered on to parties listed on attached sheet.

By _______________________________________

Morales and Payne opened returned motion CV 2002 3425.

Enclosed were

No Legal Advice. Forms, Referrals and Information Only for persons who wish to represent themselves without an attorney in:
*********************************************************************************************
- divorce, parentage/custody/child support, grandparent visitation
- name changes
- driver's license restoration (after 10 year DWI revocation and based on proof of treatment)
- guardianship (information and referrals ONLY)
*********************************************************************************************

Cost. Form packets - $10.00 (non-refundable) - Cash, Money Order or Cashier's Check ONLY.

IT'S UP TO YOU! YOU prepare your documents for filing as required by the rules of this Court. The Self Help Center cannot represent you or any person, cannot give legal advice, cannot fill out forms for you and cannot tell you how to handle your case.

Some family law packets also available for S10 in Domestic Relations, Room 240, 2nd floor________

NO APPOINTMENTS - 15 MINUTE LIMIT: First-come, first-served until full. Come early and be prepared to wait. Please do not bring small children. Non-English speakers: try to bring an English speaker with you.

If you are low income, you might call the Legal FACS Program (Forms and Courthouse Services) at 256-0417 to find out if you are eligible and for volunteer lawyer schedule.

Domestic Violence Restraining or Protective Order against a family member or intimate partner -Domestic Violence Division, Room274( 841-6737). Legal information and representation-Resources Inc. (243-4300) (Outside Alb, 1-877-974-3400).

Landlord/Tenant - New Mexico Resources for Renters ( 256-9442 in Santa Fe or toll free 1-800-348-9370) or 'Metro Court pro se legal assistant (841-8169). If you are appealing a Metro Court case, pick up apacket from die Civil Clerks Division (1st Floor) and fill out your own papers.

New Mexico statutes

LR2-123. Opposed motions and other opposed matters; filing; hearings.

A. Presentment for filing. As a condition of filing, all opposed motions, objections and other opposed matters requiring a hearing (hereinafter "motions") shall be presented to the clerk with the following:

(1) A copy of the motion, along with any required and other attachments to the motion, for the assigned judge;

(2) An original request for hearing in the form set forth in LR2-Form G, along with a copy of the request for the assigned judge;

(3) An original notice of hearing in the form set forth in LR2-Form H and sufficient copies for all parties entitled to notice; and,

(4) Stamped, addressed, plain (without return address) envelopes for all parties entitled to notice.

B. Service of request. The movant shall serve copies of the request for hearing on all parties entitled to notice.

C. Filing; forwarding to judge. The clerk will file the motion and request for hearing, and endorse a copy of each for the assigned judge. The clerk shall forward the endorsed copies, the original notice of hearing and copies, and the envelopes, to the assigned judge.

D. Notice of hearing. The assigned judge's staff will complete and file the notice of hearing, and mail or deliver copies to all parties entitled to notice, adding to the envelopes the court address as the return address, or the judge may direct the movant to complete this process.

E. General exceptions. The clerk also shall file opposed motions presented without a request for hearing, notice of hearing or stamped, addressed envelopes, in the following circumstances:

(1) Prior to presentment to the clerk, the movant has delivered a copy of the motion and the request, the original and copies of the notice of hearing, and envelopes, to the assigned judge's office, and receipt is indicated on the original motion by initials of the judge's staff.

(2) The motion has been approved for filing by the assigned judge's staff in circumstances other than those set forth in Subsection E(1) above;

(3) The motion is presented with a signed order disposing of the matter; or,

(4) The motion is presented with a proposed order in which the date and time of the hearing will be entered, such as an order to show cause or temporary restraining order.

F. Exception for motions requiring fifteen minutes or less in criminal, delinquency and need-of-supervision cases. All motions in criminal, delinquency and need-of-supervision cases, requiring fifteen minutes or less for hearing, shall be presented only with sufficient copies of the motion for all parties entitled to notice. The clerk, at the time of filing, will stamp a hearing date and time on the original and copies of the motion. The movant shall serve a copy of the motion with the hearing date and time indicated, on all parties entitled to notice. With criminal cases, motions for Monday hearings must be filed by the preceding Monday; motions for Friday hearings must be filed by the preceding Friday. Any motions filed after these deadlines will be scheduled on the next regular calendar, unless otherwise ordered by the court.

G. Required attachments. With all motions requiring an evidentiary hearing, a list of witnesses shall be attached to the motion. With motions filed in domestic relations cases, a Rule 1-099 NMRA, certificate shall be attached as required by Second Judicial District Local Rules, Rule LR2-132.

H. Requests alone. A request for hearing may be filed without a motion provided the request is presented with a notice of hearing, copies and envelopes. A copy of the request shall be served on all parties entitled to notice.

---

LR2-124. Unopposed motions and other unopposed matters; filing.

A. Presentment for filing. As a condition of filing, all unopposed motions and other unopposed matters (hereinafter "motions") shall be presented to the clerk with the following:

(1) A copy of the motion, along with any required and other attachments to the motion, for the assigned judge; and

(2) An original proposed order disposing of the motion approved by all parties entitled to notice; approval of counsel may be indicated as telephonic approval; approval of a party pro se must be indicated by the party's signature on the proposed order.

B. Filing; forwarding to judge. The clerk will file the motion and endorse a copy for the assigned judge. The clerk shall forward the endorsed copy of the motion and the original proposed order to the assigned judge for consideration.

C. Signed orders; filing; copies. The movant shall retrieve and file the order promptly after it is signed, and shall mail or deliver endorsed copies to all parties entitled to notice. The court takes no responsibility for the filing of orders.

D. Required attachments. With motions filed in domestic relations cases, a Rule 1-099 NMRA, certificate shall be attached as required by Second Judicial District Local Rules, Rule LR2-132.

---

LR2-125. Trial and merits hearings.

A. Permissive and mandatory requests for trial. In any case, except where a trial or merits hearing (hereinafter "trial") has already been set by pretrial scheduling order, trailing calendar or other written notice, any party may request a trial by filing a request for hearing with the clerk. Where trial has not been set within fourteen (14) months after the complaint is filed, the plaintiff shall file either a request for hearing or a motion for extension of the Rule 1-016 NMRA, deadlines for commencement of trial.

B. Requests for hearing; presentment. As a condition of filing, all requests for hearing shall be in the form set forth in LR2-Form G and shall be presented to the clerk with the following:

(1) a copy of the request for hearing for the assigned judge;

(2) an original notice of hearing in the form set forth in LR2-Form H and sufficient copies for all parties entitled to notice; and

(3) stamped, addressed, plain (without return address) envelopes for all parties entitled to notice.

C. Service of request. The party requesting trial shall serve copies of the request for hearing on all parties entitled to notice.

D. Filing; forwarding to judge. The clerk will file the request for hearing and endorse the copy for the assigned judge. The clerk shall forward the endorsed copy of the request, the original notice of hearing and copies, and the envelopes, to the assigned judge.

E. Notice of hearing. The assigned judge's staff will complete and file the notice of hearing, and mail or deliver copies to all parties entitled to notice, adding to the envelopes the court address as the return address, or the judge may direct the party requesting trial to complete this process.

F. Pretrials and status conferences. Any party may request a pretrial or status conference by filing, without accompanying motion, a request for hearing in the manner set forth above. The court on its own motion may set pretrials and status conferences, and will mail or deliver notice to all parties entitled to notice.

G. Exceptions.

(1) Civil court jury cases. The court will set all civil court jury cases by trailing calendar mailed or delivered to all parties entitled to notice. Cases generally shall be set on the calendar in chronological order by filing date with oldest cases being tried first. For good cause upon motion, the court may provide a definite setting for a jury case.

(2) Delinquency and need of supervision cases. The clerk, under the direction of the assigned judge, will set all delinquency and need-of-supervision trials, and mail or deliver notice to all parties entitled to notice.

(3) Criminal cases. The clerk, under the direction of the assigned judge, will set all metropolitan court criminal appeals, and mail or deliver notice to all parties entitled to notice. The assigned judge's secretary will set all other criminal trials, and mail or deliver notice to all parties entitled to notice.

---

SECOND JUDICIAL DISTRICT COURT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
CV-______________

Plaintiff

vs.

Defendant

MOTION FOR/TO _________________

_, who was the _________________ (Plaintiff

or Defendant) in the previous proceeding, appearing pro se, requests the Court to consider the

following:

1. _________________

2.

3. ________________________
Signature
Printed Name ______
Street Address ___
City, State & Zip ____
Phone Number________

I certify that I have
mailed a copy of this
pleading to opposing
counsel this_day of____, 20_____.

__________________________
Signature

__________________________
Printed name

---

SECOND JUDICIAL DISTRICT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
NO.________________

vs.

Plaintiff,

Defendant. .

REQUEST FOR HEARING,

1. Assigned judge: THE HONORABLE_________________

2. Type of case: ______________________

3. Jury: __________ Non-Jury: ____________

4.Dates of hearings presently set:

5. Specific matter(s) to be heard upon this request:

6. Estimated total time required: ____________

7. Attach separate sheet(s) listing name, firm, capacity, address, and telephone numbers
of all parties entitled to notice.

Signature

Name

Address

Telephone

I certify that a copy of this request for hearing ^as mailed to all other parties entitled to notice on this ___________day of ------------------, 20------. ALL PARTIES ENTITLED TOP NOTICE

Plaintiff Pro Se or Plaintiff's Attorney:

Defendant Pro Se or Defendant's Attorney:

SECOND JUDICIAL DISTRICT
COUNTY OF BERNALILLO
STATE OF NEW MEXICO

NO. ______

Plaintiff,

vs.

_______
Defendant.

NOTICE OF HEARING, A Hearing in tkis case is set before the HONORABLE ___as follows:

DATE OF HEARING: _________________

TIME OF HEARING:

LENGTH OF HEARING:

PLACE OF HEARING: Bernalillo County District Court
                                         400 Lomas Blvd., NW
                                         Albuquerque, NM

MATTERS TO BE HEARD: _____________

THE HONORABLE

By

Notice mailed or delivered on to parties listed on attached sheet.

By

ALL PARTIES ENTITLED TOP NOTICE

Plaintiff Pro Se or Plaintiff's Attorney:

Defendant Pro Se or Defendant's Attorney:

Distribution

bill.leonard@nara.gov
iscap@nara.gov
william.bosanko@nara.gov
foialo@nsa.gov
julia.eichhorst@ic.fbi.gov
the.secretary@hq.doe.gov
alexander.morris@hq.doe.gov

U.S. House of Representative Committee on the Judiciary
United States Senate Committee on the Judiciary

Distribution

bill.leonard@nara.gov
iscap@nara.gov
william.bosanko@nara.gov
foialo@nsa.gov
julia.eichhorst@ic.fbi.gov
the.secretary@hq.doe.gov
alexander.morris@hq.doe.gov

U.S. House of Representative Committee on the Judiciary
United States Senate Committee on the Judiciary

CASE NUMBER CV 2002 3425

Arthur R Morales
William H Payne
Plaintiffs

v

W John Brennan
Kenneth G Brown
William Haas
Patricio M Serna
Walz and Associates

Defendants                                                 1-060. Relief from judgment or order.

1 COMES NOW, Plaintiffs Morales and Payne to place this court on mandatory judicial notice of authorities of motion to vacate judgments.

2 To be valid and enforceable, a judgment must be supported by three elements:

(1) the court must have jurisdiction of the parties;
(2) the court must have jurisdiction of the subject matter; and
(3) the court or tribunal must have the power of authority to render the particular judgment.

11 Res judicata does not apply to a void judgment motion. ¹³

12 An opportunity for a hearing before a competent and impartial tribunal on proper notice ¹⁴ is one of the essential elements of due process of law. ¹⁵

13 A judgment is irregular where its rendition is contrary to the course and practice of the courts; ¹⁶ that is, where proper rules of practice have not been followed, or where some necessary act has been omitted or has been done in an improper manner.¹⁷

Respectfully submitted,

Gary King
New Mexico Attorney General
P.O. Drawer 1508
Santa Fe, NM 87504-1508

___________________

___________________
Date

WILLIAM H PAYNE
Plaintiff

vs                                                                                                  No. CV 01-7794

W JOHN BRENNAN and W DANIEL SCHNEIDER
Defendants                                                 1-060. Relief from judgment or order.

1 Plaintiff Payne sue former second judicial chief judge W John Brennan, and second judicial judge W Daniel Schneider [now a New Mexico federal court magistrate judge] for breach of contract and harassment [not a tort] on November 16, 2001 for being defrauded out of $619 paid for two New Mexico 12 person jury trial lawsuits which plaintiff paid for but did not get.

2 Mandatory judicial notices filed contemporaneously with the motion cite legal support for this motion.

3 Receipt

shows $322.00 paid for 12 person jury trial lawsuit.

5 May 16, 2002 ORDER





shows judge Kenneth G Brown dismissing paid for 12 person jury trial lawsuit in violation of New Mexico judicial rule 1-041: Dismissal of actions.

7 New Mexico Constitution ARTICLE II Bill of Rights states

Sec. 12. [Trial by jury; less than unanimous verdicts in civil cases.] The right of trial by jury as it has heretofore existed shall be secured to all and remain inviolate. ...

1-041. Dismissal of actions.

A. Voluntary dismissal; effect thereof.

(1) Subject to the provisions of Paragraph E of Rule 1-023 and of any statute, an action may be dismissed by the plaintiff without order of the court:

(a) by filing a notice of dismissal at any time before service by the adverse party of an answer or other responsive pleading; or

(b) by filing a stipulation of dismissal signed by all parties who have appeared generally in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed an action based on or including the same claim.

(2) Except as provided in Subparagraph (1) of this paragraph, an action shall not be dismissed on motion of the plaintiff except upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim, cross-claim or third-party claim has been filed by a party prior to the service upon such party of the plaintiff's motion to dismiss, the action shall not be dismissed against the party's objection unless the counterclaim, cross-claim or third-party claim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.

B. Involuntary dismissal; effect thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the q facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 1-052.

Unless the court in its order for dismissal otherwise specifies, a dismissal under this paragraph and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 1-019, operates as an adjudication upon the merits.

C. Dismissal of counterclaim, cross-claim or third-party claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to Subparagraph (1) of Paragraph A of this rule shall be made before a responsive pleading is served, or if there is none, before the introduction of evidence at the trial or hearing.

D. Costs of previously dismissed action. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.

E. Dismissal of action with and without prejudice.

(1) Any party may move to dismiss the action, or any counterclaim, cross-claim or third-party claim with prejudice if the party asserting the claim has failed to take any significant action to bring such claim to trial or other final disposition within two (2) years from the filing of such action or claim. An action or claim shall not be dismissed if the party opposing the motion is in compliance with an order entered pursuant to Rule 1-016 or with any written stipulation approved by the court.

(2) Unless a pretrial scheduling order has been entered pursuant to Rule 1-016, the court on its own motion or upon the motion of a party may dismiss without prejudice the action or any counterclaim, cross-claim or third party claim if the party filing the action or asserting the claim has failed to take any significant action in connection with the action or claim within the previous one hundred and eighty (180) days. A copy of the order of dismissal shall be forthwith mailed by the court to all parties of record in the case. Within thirty (30) days after service of the order of dismissal, any party may move for reinstatement of the case. Upon good cause shown, q the court shall reinstate the case and shall enter a pretrial scheduling order pursuant to Rule 1- 016. At least twice during each calendar year, the court shall review all actions governed by this paragraph.

(3) The filing of a motion for dismissal pursuant to this rule shall not be taken to be an entry of appearance in said action or proceeding.

F. Applicability. This rule shall apply to all civil cases filed in the district court, including civil cases appealed from the metropolitan or magistrate courts. This rule shall not apply to:

(1) guardianship, receivership, trusteeship or conservatorship cases;
(2) proceedings commenced pursuant to the Mental Health and Developmental Disabilities Code;
(3) proceedings commenced pursuant to the provisions of the Probate Code; or
(4) proceedings commenced pursuant to the Children's Code.

[As amended, effective January 1, 1990.]

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Citizens have a Tenth Amendment constitutional right to represent themselves in a demanded jury trail guaranteed inviolate by the Seventh Amendment to the Constitution and New Mexico.

Judge Kenneth G Brown denied plaintiff Payne's right to represent himself pro se.

A judgment may not be rendered in violation of constitutional limitations and guaranties.

The court or tribunal must have the power of authority to render the particular judgment.

10 Return filed stamped copy of this Motion with 10 working days.

11 As authorized by

1-058. Orders and judgments; preparation and entry.

A. Preparation of orders and judgments. Upon announcement of the court's decision in any matter the court shall:

(1) allow counsel a reasonable time, fixed by the court, within which to submit the requested form of order or judgment;

(2) designate the counsel who shall be responsible for preparation of the order or judgment and fix the time within which it is to be submitted; or

(3) prepare its own form of order or judgment.

B. Time limit. If no satisfactory form of order or judgment has been submitted within the time fixed by the court, the court shall take such steps as it may deem proper to have an appropriate form of order or judgment entered promptly.

C. Examination by counsel. In all events, before the court signs any order or judgment, counsel shall be afforded a reasonable opportunity to examine the same and make suggestions or objections.

D. Filing. Upon the signing of any order or judgment it shall be filed promptly in the clerk's office and such filing constitutes entry thereof.

Respectfully submitted,



William H. Payne
13015 Calle de Sandias NE
Albuquerque, NM 87111
505-292-7037
bpayne37@comcast.net
505-292-7037

___________________

___________________
Date

WILLIAM H PAYNE
Plaintiff

vs                                                                                                  No. CV 01-7794

W JOHN BRENNAN and W DANIEL SCHNEIDER
Defendants                                                 1-060. Relief from judgment or order.

1 Judge Kenneth G Brown's May 16, 2002 ORDERS seen in No. CV 01-7794 MOTION FOR RELIEF FROM JUDGMENT AND ORDER are vacated for reasons states in ISSUES section.

2 No. CV 01-7794 is to be settled or proceed trial by jury with 90 days of entry of this order

______________________________
signed
DISTRICT JUDGE

______________________________
Stamped or printed

WILLIAM H PAYNE
Plaintiff,

vs No. CV 01-7794

W JOHN BRENNAN and W DANIEL SCHNEIDER,

Defendants                                                 1-060. Relief from judgment or order.

1 COMES NOW, Plaintiff Payne to place this court on mandatory judicial notice of authorities of motion to vacate judgments.

2 To be valid and enforceable, a judgment must be supported by three elements:

(1) the court must have jurisdiction of the parties;
(2) the court must have jurisdiction of the subject matter; and
(3) the court or tribunal must have the power of authority to render the particular judgment.

11 Res judicata does not apply to a void judgment motion. ¹³

12 An opportunity for a hearing before a competent and impartial tribunal on proper notice ¹⁴ is one of the essential elements of due process of law. ¹⁵

13 A judgment is irregular where its rendition is contrary to the course and practice of the courts; ¹⁶ that is, where proper rules of practice have not been followed, or where some necessary act has been omitted or has been done in an improper manner.¹⁷

___________________

___________________
Date

Good case number to file to void judgment .. if, of course, second judicial district doesn't void judgment and no settlements.

A. Clerical mistakes. Clerical mistakes in judgments, orders or parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

B. Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons:

(1) mistake, inadvertence, surprise or excusable neglect;

(2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 1-059 NMRA;

(3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party;

(4) the judgment is void;

(5) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or

(6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one-year after the judgment, order or proceeding was entered or taken. A motion under this paragraph does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela and bills of review and bills in the nature of a bill of review, are abolished, and the proceeding for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.