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Name Address City, State, Zip Restricted jurisdiction By special visitation special appearance to challenge jurisdiction of the Court.

District Court of the State of Massachusetts 8 City of Berkley, Traffic Division 9 10 11 Plaintiff, 12 vs. 13 Full Name, 14 Defendant in Error, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Full Name, Defendant in Error Dated: Respectively submitted, PLEASE TAKE NOTICE that on DATE YOU GO TO COURT, 2011, in Dept 3(PUT IN DEPT NUMBER OR LETTER IF NONE THEN DELETE IT.DELETE PARENTHES) of the above-entitled court, at the hour of 8:30 a.m., or as soon thereafter as defendant in error can be heard, The defendant hereby moves to dismiss the charge filed in the above-titled case on the basis that the Plaintiff, whomever that may be, lacks standing. This motion is based upon the attached Memorandum of Points and Authorities and such additional evidence and argument as may be presented at the hearing of this motion. City Police Department ) ) ) ) ) ) ) ) ) ) ) Case No.: Citation No.: Motion to Dismiss since the plaintiff lacks standing. Date: Time: Dept:

TO THE HONORABLE JUDGE PRESIDING IN THE SUPERIOR COURT OF THE STATE OF MASSACHUSETTS FOR THE COUNTY OF BRISTOL:

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MEMORANDUM OF POINTS AND AUTHORITIES The Peace Officer is not the Plaintiff and the Notice to Appear only has the signature of the

Peace Officer. Only the plaintiff is entitled to an adjudication of the particular claims asserted. 2) The People of The State of Massachusetts can only have standing if its rights may have

suffered some injury, actual or threatened and would have to initiate a civil action through an Attorney. "The issue of standing may be raised at any time." In re Harvard Pilgrim Healthcare, Inc.,

746 N.E.2d 513. 4) "To have standing in any capacity, a litigant must show that the challenged action has caused

litigant injury." Perella v. Massachusetts Turpike Auth., 772 N.E.2d 70. 13 14 15 16 6) 17 18 19 20 21 22 23 24 25 26 27 28

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"Courts are not established to enable parties to litigate in which they have no interest

affecting their liberty, rights or property." Razin v. Razin, 124 N.E.2d 269, 270. Standing is sometimes characterized or treated "as an issue of subject matter jurisdiction,"

Ginther v. Commissioner of Ins., 427 Mass. 319 , 322 (1998); Statewide Towing Assn, Inc. v. City of Lowell, 68 Mass. App. Ct. 791 , 794 (2007).

CONCLUSION For all the reasons stated, Full Name moves the court to dismiss this case with prejudice.

Dated: Full Name, Defendant in Error