Motion to Transfer, as the Trial Court Lacks Jurisdiction

IN THE CIRCUIT COURT OF COLE COUNTY
STATE OF MISSOURI

Lee Allen Martin,
Plaintiff, Pro se
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Vs. ) Case # 01 CV 324209
Director of Revenue
Department of Revenue
Custodian of Record
Carol Russell Fischer
Keith Halcomb, Attorney
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Plaintiff's Request for Finding of Fact

Comes now the Plaintiff, Lee Allen Martin and does request that the following findings be made by the court at the earliest opportunity.

1. Plaintiff requests that the Honorable Court find that the Defendant's Response dated April 5, 2001 and maintained in the Petition for Declaratory Judgment Arising out of RSMo. 610 as Attachment #2, at no time offers for the Plaintiff to view the public governmental records that are the issue of the present case.

2. Plaintiff requests that the Honorable Court find that the admission through discovery that the Plaintiff may view said records does not comply with the clear meaning of Chapter 610 of the Missouri Statutes.

3. That all Records requested by the Plaintiff in the Petition for Declaratory Judgment Arising out of RSMo. 610 are Public Governmental Records, and a finding that no privilege has been provided through the statutes of State of Missouri to keep these requested records closed, or protected.

4. Plaintiff requests a finding that defendant's Answer concerning the residency of the Plaintiff is in direct violation of the Missouri Supreme Court Rules. Further, that the Honorable Court find that the defendant is the Department of Revenue with a file on the Plaintiff which could easily establish the residency of the Plaintiff. That Counsel for the Defendant is Assistant Attorney General for the State of Missouri with access to all records public or private that are maintained by the State of Missouri and a competent inquiry into the nature of the Petition prior to Answer by defendant would have led to the affirmative answer that Plaintiff was and is a resident of the State of Missouri.

5. Plaintiff requests a finding that the clear and un ambiguous meaning of Missouri Supreme Court Rule 58.01(b) is that the reply to the Request for Production of Documents should be delivered "within" 30 days is not the same as the defendant's usnsubstantiated claim that he had 30 days to reply.

6. Plaintiff request that the Honorable Court find that defendant by and through counsel have deliberately mis interpreted the Missouri Supreme Court Rules to Abuse and Harass the Plaintiff that the failure to participate in meaningful discovery has resulted in an Abuse of Process by the Defendant Agency and the Defendant Counsel.

WHEREFORE, the plaintiff asks this honorable court compel the Department of Revenue to immediately produce the requested public governmental records provided in the Request for Production of Documents. Sanction the offending parties as provided in the Professional Rules of Conduct. And any and all such measures that the Honorable Court may find lawful.

Respectfully Submitted

Lee Allen Martin
705 County Road 2810
West Plains
Missouri, 65775