IN THE CIRCUIT COURT OF COLE COUNTY
STATE OF MISSOURI

Motion for Transfer, as the Trial Court Lacks Jurisdiction

COMES NOW, Plaintiff Lee Allen Martin and does attack the Jurisdiction of the Trial Court. The Jurisdiction of a Court may be attacked at anytime during the proceeding. It has been established that the trial court failed to disclose the conflict of interest concerning Judge Byron and the lawsuit brought by the defendant attorney's office. Now the failure to maintain accurate court records have brought the verity of the trial court record into question.

On the 1st day of October 2001 upon checking the official trial court record, Plaintiff has discovered that the defendant was able to file a response to Plaintiff's Motion to Compel before the Motion to Compel was filed. This brings into question the verity of the trial court record. It also brings into question the ethics of the court's clerk personnel in that the defendant receives mail faster than the trial court. The plaintiff swears that both the trial court original and the copy to the defendant was sent a precisely the same time.

As to the issue of law that may be introduced as to the need for absolute verity of the court record the plaintiff produces the following: The Trial Court did abuse its discretion in that it is a court that cannot maintain the records of the court pursuant to the statutes of the State of Missouri. The failure of the trial court to timely file Motions and file stamp them does render the court not a court of record. This failure on the part of the trial court does deny the plaintiff/appellant due process of law. Brown v. General Motors Assembly Div., 695 S.W. 2d 501, 502 (Mo.App. E.D. 1985)"A court of record speaks only through its records, which import absolute verity." State ex rel. Nassau v. Kohn, 731 S.W. 2d 840, 843(Mo. banc 1987). "A court's stamp on documents filed by the parties constitutes proof such documents are part of the record." Blacks Law Dictionary defines Courts of Record "Those courts whose proceedings are permanently recorded, and which have the power to fine or imprison for contempt." Section 476.010 RSMo 1998. The Supreme Court of the state of Missouri, the court of appeals, the circuit divisions of the circuit courts, and any other division of the circuit courts keeping a record of the proceedings before the court, shall be courts of record, and shall keep just and faithful records of their proceedings. Notwithstanding the foregoing, municipal divisions of the circuit courts shall not be considered courts of record, regardless of whether or not a verbatim record of the proceedings before the court is kept. Section 483.140, RSMo 1998. It shall be the special duty of every judge of a court of record to examine into and superintend the manner in which the rolls and records of the court are made up and kept; to prescribe orders that will procure uniformity, regularity and accuracy in the transaction of the business of the court; to require that the records and files be properly maintained and entries be made at the proper times as required by law or supreme court rule, and that the duties of the clerks be performed according to law and supreme court rule; and if any clerk fail to comply with the law, the court shall proceed against him as for a misdameanor. Section 483.082.1, RSMo 1998, Notwithstanding the provision of any other statute to the contrary, it shall be the duty of the clerks of all courts to keep such records of the courts and in such manner as may be directed by rule of the supreme court so that they shall accurately record all essential matters relating to the causes and matters within the jurisdiction of the court which are and have been pending before the court, including pleading, motions, and related documents, transactions, orders and judgments or decrees related thereto showing the course and disposition of causes and matters, the taxing and collection of court costs, and the setting of trial calendars or dockets of pending cases. Section 483.140, RSMo 1986, to keep such records of the courts and in such a manner as may be directed by rule of the supreme court so that they shall accurately record all essential matters relating to the causes and matters within the jurisdiction of the court which are and have been pending before the court, including...transactions, orders and judgments or decrees related thereto showing the course and disposition of causes and matters."

Wherefore, Plaintiff has shown that the record does not speak absolute verity, and the verity of the trial court record is of the utmost of import to protect the due process rights of all litigants. Plaintiff must ask that a transfer of the jurisdiction of the case at hand be had. That the case be sent to the Missouri Supreme Court for re assignment outside of the 19th Judicial Circuit. Or in alternative that the Trial Court make and maintain and official record that does speak absolute verity.

Respectfully Submitted

Lee Allen Martin
7050 County Road 2810
West Plains
Missouri, 65775