In the 19th Judicial Circuit
For the State of Missouri

Lee Allen Martin
Plaintiff
Pro Se
Attorney
VS.
Director of Revenue, et al
Defendant,
Keith Halcomb
Attorney
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 CASE NO: 01 CV 324209

Motion to take Judicial Notice

 COMES NOW, Plaintiff, Lee Allen Martin,to ask the court to take judicial notice that many pre-trial motions are before the court. The Court of the Honorable Judge Joyce having recused upon its own motion has left the pending case unresolved. Before the Honorable Court are motions for sanctions upon the Attorney General's office for failing to comply with the rules of discovery and fraud upon the court.

Further, there are many rulings upon discovery motions that a court of subject matter jurisdiction have not seen to rule upon. The Plaintiff has made and filed a motion upon the court for findings of fact and conclusions of law that the proceedings at hand represent an abuse of process, this finding having been accepted before the court of Judge Joyce now falls to the Court of Judge Sodergren.

These issue are now upon this Honorable Court:

1. This is an Action brought pursuant to Chapter 610 of the RSMo for the State of Missouri. The records in question are listed in the Petition For Declaratory Judgment filed on May 17, 2001.

2. The records are not disputed to be protected in anyway. The defendant only contends that the records are not in electronic format, or in a electronic format that is unavailable to the plaintiff due to it's "complicated nature"; Plaintiff will let the record as to defendants argument speak for itself.

3. Plaintiff has requested Discovery pursuant to Missouri Supreme Court Rule and defendant has not provided complete and timely discovery.

4. Plaintiff has requested Production of Documents. The defendant was untimely in objections to said requests, and by and through unsupported objections to request have been non responsive to plaintiff requests. The Honorable court of Judge Joyce did deny plaintiff's motion to compel discovery. Plaintiff did timely file Mo. S.Ct. Rule 75.01 motion to reconsider to Order of the Court to which the Honorable Court of Judge Joyce would not rule. Further, Plaintiff produced one record in question in electronic format that defendant denied existed, thus showing a fraud upon the court. Judge Joyce refused to rule in light of this evidence, and recused.

5. Plaintiff has Motion to Compel Answer to Interrogatories that have not been ruled upon.

6. Plaintiff has Motion to Transfer to the Supreme Court for reassignment due to the fact that the Court of Judge Joyce is not a court of Subject Matter Jurisdiction, which was denied by Judge Joyce resulting in the Plaintiff filing Mo.S.Ct. Rule 75.01 Motion to reconsider that has not been ruled upon.

7. Until such outstanding pretrial issues are ruled upon discovery is continuing. Plaintiff requests he be given to file Admissions upon the defendant prior to proceeding to trial.

8.Until discovery can be closed the Plaintiff can only give a partial witness list to the Honorable Court.

WHEREFORE, Plaintiff moves that the Court take judicial notice:

Respectfully Submitted

Lee Allen Martin
7050 County Road 2810
West Plains
Missouri 65775

CERTIFICATE OF SERVICE


I hereby certify this pleading was served upon all attorneys of record for each of the parties to this action and All parties not represented by counsel in the following manner:
[ ] By delivering a copy to them.
[ ] By leaving a copy at their office with the clerk.
[ ] By leaving a copy at them office with an attorney associated with them.
[ ]By mailing a copy to them as prescribed by law
[ ] By faxing a copy to them.
21st day of March 2002

So certified: _____________________________

Lee Allen Martin