Litigation Basics That Actually Matter - Keng El Bey

Court isn’t just about being “right” it’s about meeting thresholds, hitting deadlines, and using the exact tool the judge is allowed to act on. We bring in King EL Bey to unpack the real mechanics of litigation so listeners can stop guessing and start thinking in rules, elements, and proof.

We walk through what litigation actually is, then get specific about burdens of proof: beyond a reasonable doubt in criminal cases, preponderance of the evidence in civil cases, and when clear and convincing evidence shows up. From there, we dig into jurisdiction and why the state vs federal court choice can change everything, including the common $75,000 federal threshold and the requirements for removal. We also talk statutes of limitations, excusable neglect, and how “time barred” can end a strong case before the facts ever get heard.

The core lesson is procedural: affidavits are evidence, motions are what move the court. King EL Bey explains extraordinary writs like habeas corpus, mandamus, and prohibition, plus what “ripeness” and exhausting remedies really mean in practice. We get into notary acts, authentication, and how bad evidence presentation turns into hearsay problems. Then we lay out a practical framework for motion practice: a motion with the legal argument, an affidavit with first-hand facts, and exhibits that prove the record, along with what can happen in discovery when privilege, sanctions, summary judgment, default, or dismissal come into play.

If you want clearer thinking about due process, court rules, and how to present facts so they can actually be heard, press play. Subscribe, share this with someone dealing with a case, and leave a review with the one legal topic you want us to tackle next.

Transcript

Welcome And Why Litigation Is Hard

SPEAKER_00 0:20

And today we have the brother TL Day in the building to talk about the to talk about the complexities of litigation. Okay. Now, uh, how are you doing this evening, brother?

SPEAKER_01 0:35

Oh, I'm doing great, my brother. Doing great brother.

SPEAKER_00 0:38

That's peace, that's peace. So now uh let's just jump right into it because you know people like to they like to for you to get right into the subject. So the complexities of litigation. Let's go with my first question at hand, which is what is litigation?

What Litigation Means And Proof Standards

SPEAKER_01 0:56

Litigation is where one presents his legal argument. One who he's he's he's the opposing party to another opposing party, and what they're trying to do is meet a particular threshold. In criminal law, the threshold is beyond a reasonable doubt. In civil law, um, it's dealing with cases. We talk about preponderance of evidence. That's this slightly tipped on the scale where someone has a 49, a 51 over 49, just tilting it that much of a percentage to win the argument, just winning one juror and or something like that, in the sense of that. Then they have what they call a clear evidence standard. One that's the evidence is so clear and it's so um evident that it you you couldn't rule any other way. So you gotta understand, but most of the the two standards that's normally used is preponderance of evidence and civil and beyond a reasonable doubt and criminal. Those are the thresholds that you have to meet in order to have more of victory in the case.

SPEAKER_00 2:21

Okay, okay. Now, um so what is what's the okay, first question.

State Versus Federal Court Basics

SPEAKER_00 2:31

So civil litigation, what are the key differences between state and federal court jurisdiction? Is is that important to know?

SPEAKER_01 2:39

So the difference between federal and and state is that there in order to sue within the federal court, you have to have certain elements to sue in a particular, especially in a civil case. Most of the time you cannot sue unless you have a $75,000 or more that you're suing for in the federal courts. In the state courts, you have small claims, you have uh regular civil um civil procedures that you can sue because it's open because you're a resident of that state. In federal court, you must meet a certain criteria in order to meet under those seven civil rule guidelines in order to bring an action within the federal court. So that's the difference.

SPEAKER_00 3:38

Ah, gotcha.

Statutes Of Limitations And Time Bars

SPEAKER_00 3:40

Makes sense. So how do statutes of limitations affect a lawsuit?

SPEAKER_01 3:46

So a statute of limitations is where now you time bar. You're supposed to bring a claim within a particular time. Now they do have certain things that give you ways to get around that. One is called excusable neglect, right? Let's say you was in a car accident, and let's say there was some a claim you was gonna sue somebody for millions of dollars. Let's say you were a professional athlete, you got into a car accident, you sued, let's say, an NBA team or whatever, I was going through a dispute, but you was in a coma. So you couldn't bring the claim because you were in a coma and the statutes of limitations ran out. Now you will have what they call exclusable neglect to bring that action due to the fact there was um mitigating circumstances or circumstances that prevented you from being able to file the claim within that time frame. So um, due to the fact you was in a coma, and that would be good reason or good cause to allow you to continue to sue or pursue your uh claim, your action against who the NBA team if that if you were suing them.

SPEAKER_00 5:07

All right, all right. So before I go into more questions, you know, I I wanted to know what do you have in mind as far as the subject.

Affidavits Motions And Extraordinary Writs

SPEAKER_01 5:16

Uh so I want to talk about the difference between affidavits and motions. So you hear a lot of Moors or a lot of individuals say, I filed an affidavit. So affidavits do not move the court. You must move the court with motions. There's only two ways to really you can move the court is through a writ of extraordinary circumstances or an extraordinary writ under the Constitution or the state level or statutory, and you must meet what they call rightness in order to file any of those writs. So, like a writ of prohibition, you have to exhaust all your state remedies first. You just can't uh file it. You have to you have to do everything that you've done according to the state um rules and regulations before you can file that extraordinary writ, like a writ of mandemus or writ of prohibition. Those two tend to go to hand in hand and go together. So you'll have to probably have to exhaust all your trial remedies, all your remedies, and um all you know, you done filed everything in accordance to state law, and now you can now it opens up for that. Now it'd be right for one of those actions.

SPEAKER_00 6:48

All right. Now, can you can you expound on that a little more or repeat what you said uh because your mic is still kind of low? Maybe you gotta get close to it.

SPEAKER_01 6:58

Okay, let me is can you hear me now?

SPEAKER_00 7:00

Is that I can hear you really good now.

SPEAKER_01 7:03

Okay, so let's talk about ripeness to file a writ of habeas or a writ of mandimus or a writ of um a writ of prohibition, right? What I mean by ripeness is that you uh in order to take those type of extraordinary actions, you must meet or exhausted a lot of your state remedies. Or it has to be the circumstances have to be so compelling that it created that exercise of that extraordinary writ. So let me give you an example for when you can file a habeas. Let's say you've been locked up for 90 days, never been arraigned. It's people who in New York have brothers who have have called me and say, hey man, I ain't been a rain. It's time, and they've been in jail for like 90 days, six months. It's time for a habeas. Because they've been in there. They've been in there for 30 days. It's time for a habeas. Why? Because you have a right to be heard, you have a right to know when you can get a bond. You have a right if you can get out on an OR on your own recognizance. You have a a right to um set the stage for trial, to start speedy trial violations. You have a right to ask for discovery. When they start, they lock you up for 90 days and you ain't been in front of got an arraignment to know um to set a bond and have a bond hearing, they already violated your due process. So it would be right to file uh habeas under those conditions. You see what I'm saying? So you gotta know when you gotta know enough about these applications to understand the rightness of these applications to be able to know when to exercise when you can exercise such applications. Like a writ of mandamus and prohibition, they tend to go together. That means a writ of mandemus, you ask when the court to do something at the same time, you ask when the court to prohibit someone or a court of doing something, right? So you gotta know when you could do that. The first thing to order to file that, you have to exhaust all your remedies. So that means you went to trial, you did all this stuff, and you asking for certain things due to the fact that let's say you won your case and they're still moving in certain directions. You can file it because you you exhausted all the state remedies. You got to understand that you just don't file these actions. A writ of core rental. You don't just file a writ of core rental. You're you're challenging the person's authority to exercise his jurisdictional powers. So you got to make sure that if that person who sit in his seat is qualified by understanding that he's got all of his bar license and everything. I see if the judge was under suspension, if the judge had renewed his bar license or whatever, that's a whole totally different thing. Now you could challenge him sitting on a bench, but that don't necessarily get the case thrown out. They just will get him with twos. But you're challenging his authority, and if you do that wrong, you can it can be spelled bad. They could charge you with um intimidating a public official or something like that. So you have to be very careful with understanding how when to file these things and understanding them uh the difference between a motion and an affidavit, because the affidavit files under the rules of evidence as testimony. And then a motion is a request to the court to act, to take action in a particular matter. So you gotta know these things. And a lot of individuals confuse this motion and affidavits, they don't understand the the procedural prowess of the court, so they get stuck in these areas and and then they can get time barred.

SPEAKER_00 11:37

All right, so I want you to further elaborate if you if you can, uh, because I want to show you, put something on screen that you probably saw before. Wait, maybe it's right here. Oh, it is not, it is not. Uh but I had it right in front of me. Yeah, dude. Let me see. No, it is not. All right, so oh,

Notaries Authentication And Evidence Problems

SPEAKER_00 12:01

here it is. Ha ha ha. Look at that. Always got, always got the jewels right next to me. So when you're talking about an affidavit versus a motion, right? Right. Uh, would this be an affidavit or I don't, I don't know. I told this is um on the back of uh Prophet Noble Jew Ali's Koran questions for Moorish Americans. And I I thought you, yeah, so here it is Corporation Religious Affidavit of Organization formed number 1099, state of Illinois, County of Cook.

SPEAKER_01 12:43

It's an affidavit. It states it on there. It's an affidavit, it's a testimony. So let me let me tell you how they you you can use affidavits. Let's say you go get a mortgage.

SPEAKER_00 12:54

Well, what about this? Let's let's do let's deal with this scenario.

SPEAKER_01 12:58

Okay, let's deal with that.

SPEAKER_00 13:00

I'm following a religious corporation.

SPEAKER_01 13:04

Okay, so what you will have to do, you gotta look at the statute and look at the elements that the statute requires for you to be recognized as a religious corporation. Do you have to have an affidavit? Do the state require that? But depending on your state, the legislation body determines the um the requisites necessary for you to be able to what? Come under that status as a corporate a religious corporation. So it some states, like in my state, I don't have to do that, right? I don't have to have that, but it's good to have those, those affidavits and acknowledgments because they will later serve you as evidence because the notary can attest, like it's it's several different things that notaries do. A notary can attest to something, mean they can testify and then they have an acknowledgement, they can protest, right? So these are different notorial acts that they can do, right? Or a notary can present something on your behalf. So you must understand all the different things that a notary can do under the notorious is called a notary act or notorio act. And you must understand how the notary can now solidify and authentic um the record on your behalf that could be later used as evidence, it will fall under evidence. It wouldn't move the court, it's it will serve as a record, and so now you can present that. But if you don't even know how to present your evidence, guess what happens? It won't matter because if you don't present it accurately, you don't present the right law, you don't present it in a timely manner, where now you didn't file it, it could be barred. If you didn't um, you know, put your, you know, know how to properly present your information and object to the other parties when they're trying to deny you from entering the evidence. If you don't know how to introduce those records in that evidence, that can serve a disservice for you because you got this evidence, but you don't know how to bring it into the court because you lack the legal understanding under the rules of evidence on how evidence can enter the court. And a lot of people file that affidavit, and let's say Chicago might have a different application where you can do that. Ohio might have a different whole nother, they might say you can't do that. New York might have another rule that you could how you can go about identifying a religious corporation under the Secretary of State. You have to understand the rules associated with your state to determine the actions that you gotta take in order to ensure that status so it can be recognized if you were trying to use it.

SPEAKER_00 16:29

Okay, all right, all right. Now, um, so uh for Prophet Nobu Juali to file a uh affidavit for for this religious corporation, he's not it wasn't in the wrong, you're just explaining the differences between an affidavit and emotion. Right, okay, all right, okay. All right, so um uh I don't know if you have anything else to add on to that, but I have some questions.

SPEAKER_01 17:00

Okay, so I want everyone to understand when they're watching this in order to say you're a religious body, you must look at the state law to determine what actions you need to take. Now, I have a religious organization, right? But one of the things I can do that I see in some states, they recognize I have a minister's license. So I can go in Ohio and I have evidence of my minister's license. Guess what? When I take that to another state as an exhibit along with my credentials, and when I file, let's say I wanted to open up a religious body in Chicago, I would file it as a foreign, a foreign entity, and it'd flow through Ohio, but Chicago would recognize it under Ohio law, and I can utilize that, even though my temple was in Chicago, they could they'll recognize all my credentials, my minister's license, and stuff like that. So it's a way to go about doing everything, but you have to be legally sound and astute to be able to understand what to exercise.

SPEAKER_00 18:23

All right, that makes a lot of sense, which a lot of us aren't. And so to start, uh uh motion versus affidavit, that's the whole point of doing this podcast.

SPEAKER_01 18:38

Yeah, you you need to know the difference between a motion and an affidavit. A lot of more is to say, I did an affidavit of facts, or I did an affidavit of challenging the jurisdiction. You didn't do nothing. It's a testimony. It doesn't have it, you ain't do nothing. The court can reject it because you didn't file the proper application, which was a motion to get the judge to entertain your motion. He's not gonna entertain the affidavit. Because it's a form of evidence. It falls under the evidentiary standard, and it can be deemed hearsay. For one, an affidavit, if King L Bay did an affidavit for you, right? The only person can authenticate the affidavit is me and the notary. The notary can acknowledge it, right? So there's several things you can do when you get a notary. You can you can send it off to the state to verify that there was a true notary. That's the authentication process of Apple Steel, verifying that's a true notary. Then you would send it off to the federal and they can stamp it, showing that there was a real notary at the time of this action being taken, showing and solidifying there, recognizing that that notary was a true notary. But the only person can attest authenticate that what I tested was testified to in that instrument is the person who wrote it. So if I did an affidavit, I a lot of times in a criminal case, I will have you will have to subpoena me to court to verify that that that I did do that or say that in that document.

SPEAKER_00 20:27

Got true. All right.

Starting A Case And Serving Process

SPEAKER_00 20:31

Uh so what is the process uh for uh commencing an action and serving process?

SPEAKER_01 20:41

So commencing an action, you would have to get whatever petition or whatever you need to file, or that however they call it in your state. So if it's a civil lawsuit or whatever, so you cannot bring criminal charges. Now in Ohio, and I think in every other state, like under criminal rule three, right, under Ohio, I can't ask a judge to to determine in a petition or a complaint to see if he is there enough evidence to substantiate probable cause. And a judge, even if I'm going to court, let's say, let's say, for example, the police had me into brought me in under some bogus stuff, right? And I want to file a criminal complaint, I can do it under criminal rule three, have it bring enough of the exhibits, have the records authenticated, verify, and draft out the complaint, have it all number line with the affidavits and support, and ask the judge to determine if there's enough probable cause for me to for the state to pick this up under prosecution. Can determine, say, yeah, it's enough here for probable cause for now this to go to the state, for the state to pick it up against whoever, if it was a public official or whoever, the judge can do that. But you have to be, you have to know what you're doing when taking these type of actions. So when you're filing a complaint, a civil action, totally different from a uh a criminal, right? You have to know what you're filing. If you file a tort action, is you filing uh small claims, they tend to have forms that you could go to and write it out what you're complaining for. And then they have criteria within that um um form, like the small claims, it gotta be this most of the time it depends on the state you're in. Some is you only could get 15,000. Some others is only 10. So depending on your state, you only can sue up to 10 to 15,000. Anything over that is outside the scope of small claims. And they tend to have a form that you can fill out. Some of them, some states, but if you understand what you're doing, you could draft your own form based on the template that you can use and turn it in and have the court review that if you understand what you're doing. Now, if you want to go to a more uh higher court, like in the common pleas of my state, or what they call in New York, I don't know what they call it. It could be uh a superior court, then you will take that petition of that civil suit, they probably give you the form, you would fill it out and then take that form there. I know in federal court, they got federal court forms that you would fill out to then bring that same petition to the court and have all the things that they requesting you to do. If it needed to be notarized or whatever, you would complete all the tasks that's necessary so the action can then now be perfected, right, in order for you to for the court to hear it. Unless you complete all the requisites necessary, the court will not entertain your petition until it's perfected, until you make all the criteria's necessary. Now, when you serve in the party, right, you got to have evidence of service. So a lot of people put in a certificate of service. You can have a person go out and serve them, a process server, serve them directly, or you can videotape, or you can send it to their last known address, or if it's a business, send it to the recognized business address for a complaint. So, but you got to have proof of that. So you might need to go to the post office, take a picture of where you sent it to, have it stamped and all of that, make sure you have that authenticated, and you testify to that in the affidavit, showing that that picture of that where you sent that document when you fill it out that the post office verifying that it was sent to the proper address and showing, let's say you got a contract, that the contract identified, that's the address you want to sue for any complaints or anything for them to receive the mail.

SPEAKER_00 25:38

All right, all right.

Removal Standing And What Courts Require

SPEAKER_00 25:40

Okay, so uh when uh when can a case be removed from the state to federal court?

SPEAKER_01 25:48

So once again, there's criteria, right, for a case to be removed. So you can't just a criminal case cannot just get picked up. It's gonna, if the fans don't pick it up, it's not gonna get picked up. If it's a civil, once again, you have to meet certain criteria. If you ask them for $75,000 or more in a tort or a civil action, then it can right be picked up, be moved over to the federal court for them to entertain that. They have some rules, I'm trying to remember all of them, but it's a few distinct rules that you have to understand in order to um meet that threshold to be able to take it and remove it over to the federal court. And if you don't, then you won't, then the court would will deny it based on grounds it's it's not right or you didn't meet all the necessary requisites in order to transfer jurisdictions.

SPEAKER_00 27:01

All right, all right. What are the elements required to establish standing?

SPEAKER_01 27:08

Um so depending on what it is, right? And to order to have an enough standing, you must so each, so we're gonna talk about application, right? So every action has a particular application that you're coming under. If it's a tort action, if it's a slander, right, or whatever, you got to under, they have a lot of case law under the Supreme Court that you can look at to determine each case have a set of principles and elements. You in order for you to understand that you have your case um um is ready and have standing, you must need all of those elements in that application or that application of law in which you request a relief under. So let's say if it's a Torah action, you let's say it's body injury. You must show, it might say you you must show injury, um, bodily injury, uh, proof of bodily injury, it might say uh in the amount of fifty thousand dollars or better in the federal court, and it might say that you must bring this action within three to five years, right? What do that mean? You gotta bring it within three to five years of the when it originally happened. You gotta show proof of body injury, meaning that you gotta show that you were injured, doctors and medical reports, and they say that say $50,000 or better, you would bring your medical expenses and everything, your loss of work, wages, to verify, hey, I met all the criteria of this these elements. So now it's perfected under that application that is required for me to now for this action to be settled and now for me to have standing to move against another party.

SPEAKER_00 29:20

Wow. That was thorough. That was thorough, thorough explanation with that, brother. All right.

Discovery Privilege Logs And Sanctions

SPEAKER_00 29:31

Um uh uh when can privilege documents be withheld during discovery?

SPEAKER_01 29:40

So secret indictments. Let's talk about secret indictments. Secret indictments. Yeah, so that's that but that would be under privilege information. So a lot of times if you get hit with a secret indictment, right, the court won't let you have access to that information because they consider it sensitive. Because why it might have the witnesses' names and different stuff on there, say if it was a murder case. They will not allow you to get that information for the simple fact that people have murdered witnesses in the past and stuff like that. So they'll keep a lot of that under wrap until like a week or two before trial, so that you won't know where that person is at or whatever, so that that person can pop up so that you don't have access to be able to deter that person's ability from testifying against you. So these are sometimes or it's sensitive records or something like that, that they might say, no, you can't put this out. It might have too much personal information on there or whatever, depending on what the information is or the type of case it is that's going to determine the sensitivity of that privilege information. All right.

SPEAKER_00 31:11

Uh uh how long, how how how do you prepare for a privilege log?

SPEAKER_01 31:18

How do you prepare for a privilege? Privilege what? Law? Log. So you're talking about privilege information in a sense? So what you would do, you can't, so you don't know what the other party is presenting. So you would just have to make sure that your records and everything that you have on your end is true and exact. You can't worry about something you don't, you can't qualify. You understand what I'm saying? So you better make sure that you have your ducks land in a row, everything being able to be traced back, your timeline, your sequence of events, and your attorney ability to argue this in such a way where he can sway the jury in the court that your your information or your records make more sense than theirs.

SPEAKER_00 32:18

All right. All right. Uh, what sanctions can be imposed for discovery violations?

SPEAKER_01 32:26

So you can put um a motion in for sanctions, have a case dismissed. You can ask the court to throw out evidence. Um, based on that, you can file a motion for spoilage of evidence, that the evidence that they use that they tried to present now was presented too late, and now it's trying to act as an element to surprise the defendant. Said now the evidence has been spoiled, and now due to the fact that the court has used a tactic to delay such evidence to introduce it to deny the defendant to have a proper defense. So you can either get it thrown out, dismissed, right, your case dismissed, and which could change to to the trajectory of your case.

SPEAKER_00 33:19

Okay. All right. Now, um what oh hold on, hold on

Summary Judgment Default And Motions To Dismiss

SPEAKER_00 33:30

a second. So motions motions practice. When I when I when I say when I say those two words, what comes to mind?

SPEAKER_01 33:38

Just how to file a motion properly.

SPEAKER_00 33:42

Okay. What is the standard for summary judgment?

SPEAKER_01 33:48

So we're talking about summary judgment. So there's rules to this, right? So let's say for the um, let's talk about a summary judgment. So let's say the other party hasn't responded, you did everything accordingly, you filed all your actions, you did everything, you you put in what they call interrogatories and admissions, and the and they failed to adhere to anything. Um that's a good reason to ask the court to give you a summary judgment based on the evidence and the the and the other opposing party non-compliance to be able to answer and participate willfully in this action for the court to make a true determination. Now you ask for the court, based on the evidence that you presented, you ask for the court to give you a summary judgment in regards to this matter. So there's other ways that you can ask the court to summarize the judgment when you have enough of the information. A lot of times they won't if the other party is still introducing information. Um, but you can ask the court for a summary judgment. And then a default judgment you can ask under those times when a person default and failed to ask or respond to your motions or your um requests under uh of interrogatory submissions, too. And and now they they get a default. For example, a lot of brothers uh I get a child support default order for not appearing. So the court will go ahead and make a ruling when you don't appear for court, and they'll get you under a default because you failed to appear, for a failure to appear in court, and they'll go ahead and make a ruling against you. So they do that in federal and in state court. Like let's say a brother going to run on a federal, they'll keep they'll just keep um having trial and and pretty much get you and get a judgment against you. Um and have you liable in criminal and in civil. So a lot of brothers gotta understand this information and be very thorough with it. I see a lot of information being um set out there, and a lot of them is not just saying due process. A lot of them saying, oh, it's fraud and this and this. Child support is not fraud. Um, I hear a lot of brothers arguing issues on these different subject matter, but really they're arguing due process. They're either arguing substantive due process or procedural due process. And I hear these things because I litigated so much. I have an ear and I know what I'm listening to. A lot of brothers just don't know how to express it, but they're telling you things on this on these different platforms, these podcasts and through these little Facebooks and through these different things, and they're saying it, but they don't know how to break it down to show you how to get rid of it. I do.

SPEAKER_00 37:21

All right. So now, um uh how do motion how how do motions uh to dismiss differ from motions for summary judgment?

SPEAKER_01 37:40

So you ask in the court to give you a judgment, a summary judgment in your favor, right? That's what you asking to give you a uh favorable judgment that allow you to whatever, let's say to receive property to go um get an order to go get property or that you won whatever you won, if it's if it was um a judgment against a person for not paying you amount, like if a credit card company you didn't show up or whatever, they can get a default and they can ask the court for a summary judgment on the behalf of what they're requesting. Let's say you owe the credit card company $15,000, they can go ahead and get a summary judgment for that amount and start executing. So the thing that we have to understand about a submarine judgment and the motion to dismiss, a motion to dismiss is you asking the court to dismiss it. But there's two ways you can dismiss a case. You can ask the court to dismiss it with prejudice or without prejudice. So if it's with prejudice, you give the other party that the judge dismiss it with prejudice, that means you the other party can't come back and take action. But without prejudice, they give the court that that individual to come back and get their stuff together and bring back that same action because it was without prejudice.

SPEAKER_00 39:17

All right.

Motion Pleadings With Affidavits And Exhibits

SPEAKER_00 39:19

Um, what supporting documents are required when filing a motion? Affidavit and support. Boom, that's where I was going with that. So that's when the affidavit comes in.

SPEAKER_01 39:33

Yeah, you'll file an affidavit. So most people don't know. Okay, hold on.

SPEAKER_00 39:38

So you so you file a motion, then you'll have an affidavit.

SPEAKER_01 39:44

I'm gonna I'm gonna explain to you how to properly motion plead. This in your rules. Most people don't understand this in your local rules. They tell you how to file your motion pleadings. And a lot of people don't know how to do this or put their trial briefs together. You're supposed to do this. If you file a motion, it's supposed to be a motion, an affidavit in support of that motion, stating the facts with exhibits. What do I mean? The motion is breaking down your legal argument. Then you'll have the affidavit stating the facts that support your legal argument, and then you will have the exhibits showing the actual events that happen or the supporting information or evidence that support. So it's a trifecta. You will have the motion that's that's supported by the affidavit, the affidavit then is supported by the exhibits. And you will have all three numbered lines where the court, when you make your legal argument, you will say, for example, I'll be arguing, then I say see, see affidavit and support line seven through ten. And then in the affidavit, it'll say, um, it'll say, in the motion, it'll say, I'm sorry, in the motion it's say affidavit and support line seven through ten and exhibit D. So when the judge go and look at it, right, he'll know your legal position, your stance, and then he'll look at the affidavit, right? Stating the facts, and then the exhibit the proof showing that proving your claim. So then he can go down and systematically, that's how you do it, and you break it down. But that's just your motion pleading. Now you got your trial brief. Most people don't even do this. You will have your trial briefing with your legal arguments, right? Breaking down everything, showing in the table of content your case law, the affidavits and motions that you already supported, verifying your legal position and asking for the court to give you the relief that you're asking for in an order in support. You will file your own order for, if let's say for an order for dismissal, and you will have all of that in your pleadings, in your trial briefing, verifying everything, in which now the court can look at your legal trial argument and show you breaking it down systematically why your position is stronger than theirs.

SPEAKER_00 42:51

Okay.

SPEAKER_01 42:53

And most people don't do that. So you're dealing with a guy who exercised this and understand how to do this on a regular. I litigated for a lot of years, so I understand what to do. I I got a lot of remedy through this. This is why you have to know this and you have to be able to perfect this. I see a lot of people, they don't know this, so they don't know what to do. I hear brothers talk about child support, criminal cases. They talk about everything public and private, and it just they make a mess of this, and so people don't know where to go and how to get remedies.

SPEAKER_00 43:36

Okay.

Child Support Letters Paternity And Objections

SPEAKER_00 43:37

So let's let's speak the language the in the language that you you you speak just for educational purposes, right? Let's say I get a letter from uh uh uh let's say uh uh let's say that's a for uh I that's I gotta do a couple of reality for me, let's talk about a reality for me. Uh Let me see. Oh, I was before though, so I know how it goes. So you get a letter from child support.

SPEAKER_01 44:06

Okay.

SPEAKER_00 44:08

Um, what do you do? And you, you know, you don't want to use a lawyer or what have you. And so how do you handle that?

SPEAKER_01 44:18

So the first thing is that in order for them to move forward, they must establish paternity. So if they're sending you a letter, they the first thing they're trying to do is establish paternity. So you have a duty to respond. You cannot just not ignore them. So how I dealt with them in the past, and um dealing with child support, you can you can they like I said, they want you to establish paternity. So you either got to give up blood or you sign the birth certificate. So if you sign the birth certificate, they're going to hearing officer at that hearing is going to say that they can establish paternity by doing what? Verifying your signature. The only person that can verify your signature is you. You can object to that. Most people don't know how to object. You can file in a notice to object. Because what if you didn't sign that document? What if your baby mama or somebody else signed it? Now they got to match your signature. Now they have to have a signature expert come in to verify your signature. That don't mean the judge gets to verify your signature because if he's not an expert, he doesn't have an expert license in that and verifying signature. You can challenge that on the grounds that the judge doesn't know your signature, and he's not an expert. So when you get a letter, you can tell them off the rip, hey, I wish not to contract with you, and I wish, I wish not to contract with you, and you I wish for you not to contact me no more at this address, and I do not give out my DNA, it's against my religious rights. You can do that. Right? Because this is a personal right. You didn't rape nobody, so the court can't tell you, hey, you got to come and give up your DNA. Even if they try to use the best interest of the child thing, right? They would try to use that, but then the court would have to then use the strict scrutiny test to make you come in. Now they're making you go against your religious exercise and freedom under the First Amendment, and which is protected. And that's a real good reason for you not to do that because you did not commit a crime, so the woman can't say anything other than that. If the woman said you raped her, that's a whole nother ballgame. But if you know how to communicate with them, you can use these types of strategies to deter and slow down and either stop the paternity altogether because they can't move forward. These are things that you have to know. I mean, I started in this area of child support, so this is I'm very thorough in this information.

SPEAKER_00 47:22

Ah, okay. So, like um, you just have to respond in a timely uh manner. What's the time frame? Is it seven days, fourteen days, twenty one days?

SPEAKER_01 47:34

You have to know your state um administrative rules or code or your state law to know that every state has it a little different. But normally to be safe, I would I would say within seven to ten days. I always use the set standard seven. In some states it's 14 days. But if you stay within that seven-day limit, nine times out of ten, you're safe. So I would just keep it there for myself for a good for good safe purposes. Okay.

SPEAKER_00 48:14

All right. See, oh it's easy for you to just spit it out, right? But like for someone who uh I guess this is like you have to study this on a consistent basis. Is there like any uh basic uh prerequisites for every part of the court that you know we need to know so we can properly defend ourselves if if it's if we don't have a lawyer?

Court Rules Due Process And Winning On Facts

SPEAKER_01 48:44

You gotta know those rules of the court. So the rules, so you got the civil rules, criminal rules, the criminal rules, civil rules, rules of evidence. You have the like in Ohio, they have the rules of superintendents. You have to know the local rules of the court. You have to know the rules of professional conduct, the rules of judicial conduct. Why do you need to know these rules? These are they call following the rule of law. You have to follow these rules, or you can be barred. You are required to follow those same rules as an attorney. You have to follow those rules. You cannot break those rules. I would start there, mastering those rules because the Supreme Court of that state is the author of those rules. And if you had to bring up an issue of constitutionality or question or regarding a rule, then you can bring that up on appeal, right? Showing any constitutional violation of constitutional vagueness, uh constant uh uh violation of due process for denay for denying the right under that application in which the Supreme Court had wrote. So you have to know enough of these this procedure. That's why that's where I had to start. I started there. And then I grew my ability to learn to from reading jurisprudence and case law. And then I just compounded that. But I also was very observant. I had litigated enough on my own where I started to figure things out and master certain techniques on my own through the exercise, doing this for years on top of years. Being able to file an appellate brief, to file a uh uh uh a real story to the Supreme Court, just understanding the dynamics that was necessary to exercise and perfect these applications. A lot of people don't have those skills, brother. So um I did it, it it took me a long time to master these skills. I did it on my own. I didn't have, I had one brother that taught me his name was Olaquiso L, I mean Olaquiso Bay. He helped me show me the proper way to file motion pleadings and stuff, and I just took it from there and exploded on that. I don't rely all the way on case law like that anymore. I have won a lot of cases based off the facts and making a strong position. Why do I say that? Because facts weigh heavier than law. You can't, it's a lock and key. You cannot use the law until you know what the facts are. And the facts, right, is made up of the elements. If the if the application of law has a particular principle and elements, if those elements don't exist and you can show where those elements don't exist and break it down, then you are more likely to sway the people that this the court can't exercise because it violates due process. You have to understand this well enough and be thorough in this information. Like I got remedy. When I tell you, like I won cases for eight years straight without taking a loss.

SPEAKER_00 52:36

So due process is the key, right?

SPEAKER_01 52:39

Yeah, I argue I most of the cases, I'm gonna say 98, 95% of the cases is due process violations. I always win on due process. I I never I always argue due process. Most people don't understand how to win on due process.

SPEAKER_00 53:05

All right.

Burden Of Proof Hearsay And Clear Writing

SPEAKER_00 53:07

All right. Now um back to the motion. Uh, what is the burden of proof on various pretrial motions?

SPEAKER_01 53:16

When you say burden of proof, so when we looking at this, right? Remember, I told you before, when you file a motion, right? You're gonna have your motion, affidavit, and support with exhibits. So you're gonna show the steps by steps, do the motion, your legal argument, your legal position, your case law, or whatever you're arguing, and then you're gonna show the elements that exist in the affidavit, and then you're gonna show the exhibits that's as your findings of facts that support what you're arguing. That's it's an R form. If you don't know how to do that, then you're gonna have trouble showing a burden of proof because you didn't know how to line all three up. Most people file they what they do is they argue, but they'll have an affidavit. I mean, an affidavit and they'll file it, and then they didn't request with the motion, or they'll have a motion, don't have an affidavit to support in line with that to support their position because you got to have, when you arguing something, you got to understand the hearsay standard. You cannot present evidence that is from a secondhand source. You got to have firsthand knowledge. What do that mean? You have to be a person that was present to hear, see, taste, smell, whatever, to authenticate that information to verify the creditworthiness of that information that you presented as evidence. If you don't have first hand knowledge, that's why the affidavit is there. If you don't have firsthand knowledge to testify to something, then you can't, then that information can be ruled out under the hearsay rule because you wasn't there to see, taste, smell, or be able to say you heard anything. So now that information is not a credible source and now is discarded. And because you done put an affidavit in support with that, verifying that you have first-hand knowledge of this and then breaking this stuff down, now your information can be ruled out based off the rules of evidence, of based on it being hearsay evidence, or you don't have enough credibility because you didn't know how to articulate what you were trying to do to support your legal position.

SPEAKER_00 55:53

And that's the key to uh communications or articulation, right? Exactly. And that's where they got us on the miseducation, brother. They purposely did that.

SPEAKER_01 56:08

Exactly. Like I was we was just me and Abdullah was talking to a brother. He said, people enforcing your rights. We can't enforce the right our rights. I can't go over here and enforce certain things on you. I have to go through the court, and the court will enforce it on you. Right. Right? So, because under the constitutional authority, there's only one branch that has the right to enforce anything, and that is the executive branch on the state and federal level. Words matter. So if you use the wrong word, it will change the context of what you're saying, and guess what? Now you fail to state a claim where relief can be granted. Yes, sir. Wow. You get what I'm saying? So, commas, all of this stuff matters in grammar. If you don't know how to put a complete thought together, use the proper language, and use the proper understanding in a legal sense, your case can get thrown out for failure to state a claim because you didn't know how to articulate it enough to get your remedy.

SPEAKER_00 57:22

Ah man, interesting, interesting, brother.

Part Two Plans And Where To Find Him

SPEAKER_00 57:25

Uh, before we cut out, man, I want to say I would like to do a part two of this and and and keep this going because um, you know, people need to know this, and I'm learning myself. I'm learning myself. So um with that being said, uh let the people know where they can find you. And um, you know, let's let's we're gonna close out that way.

SPEAKER_01 57:50

Okay, you can find me on Facebook, King L Bay. Um it's K-N-G space e-l-bing L Bay. You can find me on Facebook. Um, we also got Moore's Union of Soviet Tribes. Um, you'll see a circle with a triangle with an eye. It's yellow. Um, but we evolve now. I got privateers of America. You'll be seeing that. I got an institution now. I'm working with um Brother Rahim, Brother Abdullah Bey, Brother Israel. Um they'll be coming on to your show soon. I think next week. Next week. And um, we're all working together in this movement. We have put together a proper team and we're bringing the law in the correct manner. We're not giving people false ideologies and misconceptions. We we get remedy over here. King L Bay knows how to get remedy. We show you how to get real remedy by understanding what to do. Do everybody qualify for the remedy? If you ain't got your stuff together, if you've been out here messing up, you may can't get a remedy. I can't give, there's no magic bullet. They think there's some magic paperwork. It don't exist. Please don't follow people with the magic remedy that they go and get you out of something and thinking that's how it works. It doesn't work like that. So follow me. You can hit me up. My telephone number is 513-780-8762, 513-780-8762. Um, I'm very good in child support, criminal, civil, trust law, what you name it. I cover a lot of aspects of this. So um they will see, because I'll be up in New York, I'll be getting the people remedy. So they'll be seeing how we're moving and coming with this information.

SPEAKER_00 59:56

Indeed, on that note, thank you guys for listening. Thank you guys for watching, and we are out of here.