Interrogatories For Discovery of Evidence

1 Your name
2 Your address
[City, ST ZIP Code]
3
5 [COURT NAME]
6
7
[PLAINTIFF'S NAME], Case No.: [Number]
8
Plaintiff,
9
NOTICE OF MOTION FOR
10 vs.
DISCOVERY EVIDENCE BY
11 INTERROGATORRIES UNDER
[DEFENDANT'S NAME],
JURISDICTION FEDERAL RULE
12
Defendant 33(B)(1)(B) THE PLAINTIFF IS A
13 GOVERNMENTAL AGENCY
RECEIVING FEDERAL FUNDS
14
UNDER AFDC 42 USC §§ 651-669B
15 AND THEREBY CANNOT OBJECT
16
TO INTERROGATORIES AND
FAILURE TO RESPOND IS
17 GROUNDS FOR IMMEDIATE
18 DISMISSAL OF PETITION
19
20
NOTICE OF MOTION FOR DISCOVERY EVIDENCE BY
21
22 INTERROGATORRIES UNDER FEDERAL RULE 33(B)(1)(B) THE

23
PLAINTIFF IS A GOVERNMENTAL AGENCY RECEIVING FEDERAL
24
25 FUNDS UNDER AFDC 42 USC §§ 651-669B AND THEREBY CANNOT

NOTICE OF MOTION FOR DISCOVERY EVIDENCE BY INTERROGATORRIES UNDER JURISDICTION
26
FEDERAL RULE 33(B)(1)(B) THE PLAINTIFF IS A GOVERNMENTAL AGENCY RECEIVING FEDERAL
FUNDS UNDER AFDC 42 USC §§ 651-669B AND THEREBY CANNOT OBJECT TO INTERROGATORIES
AND FAILURE TO RESPOND IS GROUNDS FOR IMMEDIATE DISMISSAL OF PETITION - 1
1 OBJECT TO INTERROGATORIES AND FAILURE TO RESPOND IS
2
GROUNDS FOR IMMEDIATE DISMISSAL OF PETITION
3
5
Comes NOW, [Your name] is a Man, a father, a State Citizen,1 an
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alleged defendant and thereby the court or tribunal2 is NOW prohibited to
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8 presume the defendant to be a person,3 private person4 without waiver of

9
privileges and immunities secured under the state constitution and the
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constitution for the United States of America.
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12 The Plaintiff/Applicant has filed a petition/application for IV-D

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services and has failed to meet the burden of proof of minimum of standing by
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15
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1
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"One may be a citizen of a State and yet not a citizen of the United States. Thomasson v State, 15 Ind. 449; Cory v
19 Carter, 48 Ind. 327 (17 Am. R. 738); McCarthy v. Froelke, 63 Ind. 507; In Re Wehlitz, 16 Wis. 443."
Mc Donel v State, 90 Ind. Rep. 320 at pg 323;
2
20
21 Tribunal
Tribunal means a court, administrative agency, or quasi-judicial entity authorized under State law to establish,
22 enforce, or modify support orders or to determine parentage. Source 45 CFR § 301.1
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23
42 USC § 1301(a)(3)The term “person” means an individual, a trust or estate, a partnership, or a corporation.
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42 USC SECTION 659 private person (4)The term “private person” means a person who does not have
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sovereign or other special immunity or privilege which causes the person not to be subject to legal process.
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1 introducing on the record5 any evidence showing an injury in fact6 and thereby
2
the defendant is NOW on record moving into the court a motion for discovery
3
4 by utilizing interrogatories under the authority of Federal Rule 33(b)(1)(B) or a
5 state statute equivalent.

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The claimed defendant is requiring discovery of evidence to prove
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8 on the record the Plaintiff/Applicant failed to prove standing by introducing
9 evidence showing the defendant caused the Plaintiff/Applicant an injury in fact

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and thereby lacks standing requiring an immediate dismissal and discharge of
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12
this IV-D case.
13 It is the understanding by the claimed defendant, the undersigned

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State Citizen that this State IV-D Agency is a governmental agency receiving
15
16
federal funds under AFDC Title IV—D of the Social Security Act, 42 U. S. C.
17 §§ 651-669b7 and thereby is required to respond to interrogatories under federal

5
18
19 Record
Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium
20 and is retrievable in perceivable form. 45 CFR § 301.1
6
21
“To satisfy Article III standing, a plaintiff must therefore allege:(1) injury-in-fact that is concrete and
22 particularized, as well as actual or imminent;(2) that the injury is fairly traceable to the challenged action of the
defendant; and (3) that the injury is redressable by a favorable ruling.” Lujan v. Defenders of Wildlife, 504 US 555
23 - Supreme Court 1992
7
24
The Supreme Court in Matter Blessing v. Freestone, 520 US 329 - Supreme Court 1997 stated “To qualify for
federal AFDC funds, the State must certify that it will operate a child support enforcement program that conforms
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with the numerous requirements set forth in Title IV—D of the Social Security Act, 42 U. S. C. §§ 651-669b”
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1 rules and regulations rule 33(b)(1)(B)8 is prohibited from objecting to
2
interrogatories.
3
5 UNDER FEDERAL RULE 201(b) TAKE JUDICIAL AND

6
ADMINISTRATIVE NOTICE OF ADJUDICATED FACT Howlett v.
7
8 Rose, 496 US 356 - Supreme Court 1990 AS PROOF FEDERAL RULE 33
9 IS APPLICABLE IN STATE COURTS

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11
12
13
8
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Rule 33. Interrogatories to Parties
15
(a) In General.
(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than
16
25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to
the extent consistent with Rule 26(b)(1) and (2).
17 (2) Scope. An interrogatory may relate to any matter that may be inquired into under Rule 26(b). An interrogatory is
not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to
18 fact, but the court may order that the interrogatory need not be answered until designated discovery is complete, or
until a pretrial conference or some other time.
19 (b) Answers and Objections.
(1) Responding Party. The interrogatories must be answered:
20 (A) by the party to whom they are directed; or
(B) if that party is a public or private corporation, a partnership, an association, or a governmental agency, by any
21 officer or agent, who must furnish the information available to the party.
(2) Time to Respond. The responding party must serve its answers and any objections within 30 days after being
22 served with the interrogatories. A shorter or longer time may be stipulated to under Rule 29 or be ordered by the
court.
23 (3) Answering Each Interrogatory. Each interrogatory must, to the extent it is not objected to, be answered
separately and fully in writing under oath.
24 (4) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated
in a timely objection is waived unless the court, for good cause, excuses the failure.
(5) Signature. The person who makes the answers must sign them, and the attorney who objects must sign any
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objections.
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1 It is an adjudicated fact under Supreme Court law Howlett v. Rose,
2
496 US 356 - Supreme Court 1990 9 that federal laws are enforceable in state
3
4 courts and thereby the undersigned has legal merit to utilize federal rule 33 for
5 interrogatories and the court cannot dismiss this motion under the claim federal
6
laws are not enforceable in state court.
7
9 UNDER THE AUTHORITY OF FEDERAL RULE 33(b)(1)

10
(B) THE STATE TITLE IV-D AGENCY IS A GOVERNMENT ENTITY
11
12
AND CANNOT LAWFULLY OBJECT TO INTERROGATORRIES AND
13 MUST RESPOND WITHIN 30 DAYS

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15
16
INTERROGATORIES 1-16
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22 9
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“Federal law is enforceable in state courts not because Congress has determined that federal courts would
24 otherwise be burdened or that state courts might provide a more convenient forum — although both might well be
true — but because the Constitution and laws passed pursuant to it are as much laws in the States as laws passed by
the state legislature. The Supremacy Clause makes those laws "the supreme Law of the Land,"” Howlett v. Rose,
25
496 US 356 - Supreme Court 1990
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1 1. Interrogatory # 1. Discovery evidence of a record10 proving process of
2
service of being personally served with a summons, citation, or notice of
3
4 appearance as required by State Uniform Interstate Family Support Act
5 article 2 section 201 (a) In a proceeding to establish, or enforce, or modify a

6
support order or to determine parentage, a tribunal of this State may
7
8 exercise personal jurisdiction over a nonresident individual [or the
9 individual’s guardian or conservator] if: (1) the individual is personally

10
served with [citation, summons, notice] within this State;
11
12
2. Interrogatory # 2. Discovery evidence of a record11 proving the
13 undersigned State Citizen submitted to the jurisdiction of the court as

14
required by State Uniform Interstate Family Support Act article 2 section
15
16
201 (a)(2) the individual submits to the jurisdiction of this State by consent
17 in a record, by entering a general appearance, or by filing a responsive

18
document having the effect of waiving any contest to personal jurisdiction;
19
10
20
21 Record
22 and is retrievable in perceivable form. 45 CFR § 301.1
11
23
24 Record
and is retrievable in perceivable form. 45 CFR § 301.1
25
26
1 3. Interrogatory # 3. Discovery evidence of a record12 proving the
2
undersigned State Citizen is a nonresident who resided with the child as
3
4 required State Uniform Interstate Family Support Act article 2 section
5 201(a)(3) the individual resided with the child in this State;

6
4. Interrogatory # 4. Discovery evidence of a record proving the
7
8 Plaintiff/Applicant introduced evidence on the record showing an injury in
9 fact caused by the claimed defendant and thereby giving the tribunal cause
10
to issue an Order for Support.
11
12
5. Interrogatory # 5. Discovery evidence of a record proving the undersigned
13 expressed or implied . Please respond within 30 days of receipt of this

14
interrogatory with discovery evidence.
15
16
6. Interrogatory # 6. Discovery evidence of a record showing the defendant
17 expressed or implied a contractual relationship for title IV-D Services as

18
required to establish a duty for support obligation.13
19
12
20
Record
21 Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form. 45 CFR § 301.1
22 13
23
Obligation 42 USC § 1320a-7a(s)
24 For purposes of subsection (o), the term “obligation” means an established duty, whether or not fixed, arising from
an express or implied contractual, grantor-grantee, or licensor-licensee relationship, for a fee-based or similar
relationship, from statute or regulation, or from the retention of any overpayment.
25
https://www.law.cornell.edu/uscode/text/42/666
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1 7. Interrogatory # 7. Provide evidence proving this state child support agency
2
is a single and separate organizational unit14 responsible for the
3
4 administering or supervising of the State child health plan aka plan15 as
5 defined under 42 USC § 1397jj(c)(7).

6
8. Interrogatory # 8. Provide evidence of a record proving the custodial parent
7
8 is receiving or eligible for child health assistance16 as required by 42 USC
9 Section 608(a)(3) No assistance for families not assigning certain support

10
rights to the State to assign State support rights. It is a fact that without
11
12
evidence of the custodial parent receiving child health assistance then the
13 custodial parent cannot assign support rights and thereby discover evidence
14
is paramount to allow the custodial parent to assign support rights.
15
16
17
14
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19 42 USC § 12626(10) The term “unit” means a unit of the Corps referred to in section 12615(c) of this title..
15
20
State child health plan 42 U.S. Code § 1397jj. Definitions (7) State child health plan; plan
21 Unless the context otherwise requires, the terms “State child health plan” and “plan” mean a State child health plan
approved under section 1397ff of this title.
16
22
23 child health assistance

(a)For purposes of this subchapter, the term “child health assistance” means payment for part or all of the cost of
24 health benefits coverage for targeted low-income children that includes any of the following (and includes, in the
case described in, payment for part or all of the cost of providing any of the following), as specified under the State
plan: 42 USC § 1397jj(c)(7)
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1 9. Interrogatory # 9. Provide evidence of a record the custodial parent17 is
2
receiving payments for child health assistance under a State plan18 and
3
4 without this evidence the custodial parent is not lawfully authorized to
5 assign to the State support rights under 42 USC Section 608(3) and thereby
6
this child support entity is not an authorized IVD agency and cannot collect
7
8 support on behalf of the custodial parent.
9 10. Interrogatory # 10. Provide evidence of a record proving the signature of

10
the undersigned on a true copy of a Promissory Note for the repayment of a
11
12
loan. It is a fact that without proof of a promissory note the child support
13 entity cannot hold the undersigned in default19 or threaten the undersigned

14
with default in notice to appear to cause the undersigned to imply consent.
15
16
11. Interrogatory # 11. Is this a title IV-D matter?
17
17
18
42 USC § 7384s(e)(3)(C) a “parent” includes fathers and mothers through adoption;
19
18
20
21 State child health plan 42 U.S. Code § 1397jj. Definitions (7) State child health plan; plan
Unless the context otherwise requires, the terms “State child health plan” and “plan” mean a State child health plan
22 approved under section 1397ff of this title.
19
23
24 42 USC SECTION 666(5)(H) “default ” (A)the term “default” means the failure of a borrower of a loan made
under this part to— (i)make an installment payment when due; or (ii)comply with any other term of the promissory
note for such loan,
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1 12. Interrogatory # 12. Is this a title IV-A matter?
2
13. Interrogatory # 13. Is this a non-title IV D matter?
3
4 14. Interrogatory # 14. Discovery evidence under the authority of the
5 Administrative Procedures Act and Administrative Offset 31 USC Section

6
3716(a)(2) an opportunity to inspect and copy records of the agency related
7
8 to the claim of a debt.
9 15. Interrogatory # 15. Discovery evidence proving the undersigned willfully

10
did not support his offspring.
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12
16. Interrogatory # 16. Discovery evidence proving the undersigned willfully
13 waived his constitutional rights as a father to due process of law supported

14
by the Supreme Court in matter Quilloin v. Walcott, 434 US 246 - Supreme
15
16
Court 1978.20
17 FAILURE TO RESPOND WITHIN 30 DAYS OF RECEIPT

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OF INTERROGATORIES21 WILL BE PRESENTED IN A COURT OF
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“This Court and the United States Supreme Court have recognized an unwed father's potential liberty interest in his
21 biological child.” Matter of Baby Boy K., 546 NW 2d 86 - SD: Supreme Court 1996 citing Quilloin v. Walcott,
434 US 246 - Supreme Court 1978
21
22
23 Federal Rule 33(b) (b) Answers and Objections.

(1) Responding Party. The interrogatories must be answered:
24 (A) by the party to whom they are directed; or
(B) if that party is a public or private corporation, a partnership, an association, or a governmental agency, by any
officer or agent, who must furnish the information available to the party.(2) Time to Respond. The responding party
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must serve its answers and any objections within 30 days after being served with the interrogatories.
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1 PROPER JURISDICTION DEMANDING A DISMISSAL OF INCOME
2
WITHHOLDING OR LEGAL PROCESS
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____________________________________
YOUR NAME ALL RIGHTS RESERVED
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Dated this [day] of [Month], [year].
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16 Your Name
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Interrogatories For Discovery of Evidence

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Interrogatories For Discovery of Evidence

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1 Your name

22 INTERROGATORRIES UNDER FEDERAL RULE 33(B)(1)(B) THE

25 FUNDS UNDER AFDC 42 USC §§ 651-669B AND THEREBY CANNOT

8 presume the defendant to be a person,3 private person4 without waiver of

12 The Plaintiff/Applicant has filed a petition/application for IV-D

4 by utilizing interrogatories under the authority of Federal Rule 33(b)(1)(B) or a

5 state statute equivalent.

8 on the record the Plaintiff/Applicant failed to prove standing by introducing

9 evidence showing the defendant caused the Plaintiff/Applicant an injury in fact

13 It is the understanding by the claimed defendant, the undersigned

17 §§ 651-669b7 and thereby is required to respond to interrogatories under federal

5 UNDER FEDERAL RULE 201(b) TAKE JUDICIAL AND

8 Rose, 496 US 356 - Supreme Court 1990 AS PROOF FEDERAL RULE 33

9 IS APPLICABLE IN STATE COURTS

9 UNDER THE AUTHORITY OF FEDERAL RULE 33(b)(1)

13 MUST RESPOND WITHIN 30 DAYS

4 appearance as required by State Uniform Interstate Family Support Act

5 article 2 section 201 (a) In a proceeding to establish, or enforce, or modify a

8 exercise personal jurisdiction over a nonresident individual [or the

9 individual’s guardian or conservator] if: (1) the individual is personally

13 undersigned State Citizen submitted to the jurisdiction of the court as

17 in a record, by entering a general appearance, or by filing a responsive

4 required State Uniform Interstate Family Support Act article 2 section

5 201(a)(3) the individual resided with the child in this State;

8 Plaintiff/Applicant introduced evidence on the record showing an injury in

13 expressed or implied . Please respond within 30 days of receipt of this

17 expressed or implied a contractual relationship for title IV-D Services as

4 administering or supervising of the State child health plan aka plan15 as

5 defined under 42 USC § 1397jj(c)(7).

8 is receiving or eligible for child health assistance16 as required by 42 USC

9 Section 608(a)(3) No assistance for families not assigning certain support

23 child health assistance

4 without this evidence the custodial parent is not lawfully authorized to

8 support on behalf of the custodial parent.

9 10. Interrogatory # 10. Provide evidence of a record proving the signature of

13 entity cannot hold the undersigned in default19 or threaten the undersigned

4 14. Interrogatory # 14. Discovery evidence under the authority of the

5 Administrative Procedures Act and Administrative Offset 31 USC Section

8 to the claim of a debt.

9 15. Interrogatory # 15. Discovery evidence proving the undersigned willfully

13 waived his constitutional rights as a father to due process of law supported

17 FAILURE TO RESPOND WITHIN 30 DAYS OF RECEIPT

23 Federal Rule 33(b) (b) Answers and Objections.

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