DEMANDING TRIAL BY JURY JUDGMENT BY PEERS Copy 2

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 TO COURT
10 vs.
DEMANDING A TRIAL BY JURY
11 IS REQUIRED UNDER 7TH
[DEFENDANT'S NAME],
AMENDMENT OF THE BILL OF
12
Defendant RIGHTS FOR THE
13 CONSTITUTION FOR THE
UNITED STATES OF AMERICA
14
AND STATE OF [TYPE IN YOUR
15 STATE AND REMOVE BRACKETS
16
CONSTITUTION AND MUST
REMAIN INVIOLATE
17 JUDICIAL NOTICE OF
18 ADJUDICATED FACT EX PARTE
YOUNG “eleventh amendment
19
provides no shield for a state official
20 confronted by a claim that he had
deprived another of a federal right
21
under the color of state law. ex parte
22 young teaches that when a state
23
officer acts under a state law in a
NOTICE TO COURTDEMANDING A TRIAL BY JURY IS REQUIRED UNDER 7TH AMENDMENT OF THE
24
BILL OF RIGHTS FOR THE CONSTITUTION FOR THE UNITED STATES OF AMERICA AND STATE OF
[TYPE IN YOUR STATE AND REMOVE BRACKETS CONSTITUTION AND MUST REMAIN
25
INVIOLATEJUDICIAL NOTICE OF ADJUDICATED FACT EX PARTE YOUNG “ELEVENTH
AMENDMENT PROVIDES NO SHIELD FOR A STATE OFFICIAL CONFRONTED BY A CLAIM THAT HE
26
HAD DEPRIVED ANOTHER OF A FEDERAL RIGHT UNDER THE COLOR OF STATE LAW. EX PARTE
YOUNG TEACHES THAT WHEN A STATE OFFICER ACTS UNDER A STATE LAW IN A MANNER
VIOLATIVE OF THE FEDERAL CONSTITUTION” - 1
1 manner violative of the federal
2 constitution”
3
NOTICE TO COURT
4
DEMANDING A TRIAL BY JURY IS REQUIRED UNDER 7TH
5
6 AMENDMENT OF THE BILL OF RIGHTS FOR THE CONSTITUTION

7
FOR THE UNITED STATES OF AMERICA AND STATE OF [TYPE IN
8
YOUR STATE AND REMOVE BRACKETS CONSTITUTION AND MUST
9
10 REMAIN INVIOLATE
11 JUDICIAL NOTICE OF ADJUDICATED FACT EX PARTE
12
YOUNG “eleventh amendment provides no shield for a state official
13
14 confronted by a claim that he had deprived another of a federal right under

15 the color of state law. ex parte young teaches that when a state officer acts
16
under a state law in a manner violative of the federal constitution”
17
18
19 COMES NOW, [TYPE IN YOUR NAME AND REMOVE

20
BRACKETS] IS A STATE CITIZEN AND A LIVING MAN DOMICILED ON
21
22 THE LAND OF [TYPE IN YOUR STATE AND REMOVE BRACKETS] AND
23
24
25
26
1 IS NOT A PERSON1 RESIDING IN THE STATE2 WITHIN THE DISTRICT OF
2
COLUMBIA, VIRGIN ISLANDS, COMMONWEALTH OF PUERTO RICO,
3
4 GUAM AND AMERICAN SAMOA AND THEREBY NOT UNDER THE
5 JURISDICTION AND FEDERAL STATUTES OF THE UNITED STATES 3.

6
8 STATEMENT OF FACTS
10
1. IT IS A FACT THE UNDERSIGNED IS A STATE CITIZEN [ TYPE IN
11
12
YOUR NAME, AND REMOVE BRACKETS] HAS BEEN NOTIFIED BY
13 MAIL THAT A HEARING FOR ALLEGED NON-PAYMENT OF CHILD

14
SUPPORT IS TO BE HELD IN THIS COURT.
15
1
16
17 28 USC Section 3002 (10) “Person” includes a natural person (including an individual Indian), a
corporation, a partnership, an unincorporated association, a trust, or an estate, or any other public or private entity,
18 including a State or local government or an Indian tribe.
2
19
28 USC SECTION 3002 (14) “State” means any of the several States, the District of Columbia,
20 the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of
the United States.
3
21
22 28 USC Section 3002 (15) “United States” means—

(A) a Federal corporation;
23 (B) an agency, department, commission, board, or other entity of the United States; or
(C) an instrumentality of the United States.
24
25
26
1 2. IT IS A FACT THE SERVICE OF CITATION, SUMMONS AND NOTICE
2
TO APPEAR WERE NOT BEING PERSONALLY SERVED TO THE
3
4 RESPONDENT AS REQUIRED BY STATE AND FEDERAL UNIFORM
5 INTERSTATE FAMILY SUPPORT ACT. THE COURT IS REQUIRED

6
TO PROVIDE EVIDENCE THAT SERVICE OF CITATION, SUMMONS,
7
8 NOTICE TO APPEAR WERE PERSONALLY SERVED TO THE
9 RESPONDENT.
10
3. IT IS A FACT THE UNDERSIGNED RESPONDENT IS A SSTATE
11
12
CITIZEN AND IS GUARANTEED RIGHTS SECURED IN THE STATE
13 CONSTITUTION AND CONSTITUTION FOR THE UNITED STATES

14
OF AMERICA BILL OF RIGHTS AND UNDER NO CIRCUMSTANCES
15
16
ARE THESE RIGHTS WAIVED UNLESS IT IS IN WRITING WITH THE
17 AUTOGRAPHED SIGNATURE OF THE UNDERSIGNED.

18
4. IT IS A FACT THAT WITHOUT PROOF OF CONSENT TO WAIVE 7TH
19
20
AMENDMENT RIGHT TO TRIAL BY JURY ANY SUMMARY
21 JUDGMENT IS NOT IN ACCORDANCE WITH DUE PROCESS THE

22
LAW OF THE LAND4 AND THEREBY IS VOID.
23 4

24
25
26
1 5. IT IS A FACT A JUDICIAL ACTOR ACTING IN ABSENCE OF
2
JURISDICTION FORFEITS THE PRESUMPTION OF ABSOLUTE
3
4 JUDICIAL IMMUNITY5AND CAN BE HELD PERSONALLY LIABLE
5 FOR DAMAGES FOR CONDUCT CAUSING THE UNDERSIGNED AN

6
INJURY IN FACT.
7
9
PROCEEDINGS CORAM NON JUDICE6 PRESIDED BY A
10 SURROGATE JUDGE/NON-JUDICIAL PERSON ARE ABSOLUTELY

11
VOID IS ABSOLUTELY VOID7 FOR LACK OF JURISDICTION FOR
12
13
"law of the land. The term in a constitutional provision that `no person ought to be taken,
14 imprisoned, or divested of his freehold, liberty or privileges, or outlawed or exiled, or in any manner deprived of his
life, liberty, or property but by the law of the land," is synonymous with due process of law” State V Balance, 229
15 NC 764, 51 SE 2d 731, 7 ALR 2d 407"
5
16
"A judge will not be deprived of immunity because the action he took was in error, was done
17 maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in the
`clear absence of all jurisdiction.'" Stump v. Sparkman, 435 US 349 - Supreme Court 1978
6
18
19 CORAM NON JUDICE "before a person not a judge" — meaning, in effect, that the proceeding
in question was not a judicial proceeding because lawful judicial authority was not present, and could therefore not
20 yield a judgment” Burnham v. Superior Court 495 U.S. 604 (1990)
7
21
“If the petition filed in the State court before trial, and duly verified by the oath of the defendants,
22 exhibited a sufficient ground for a removal of the prosecutions into the Circuit Court of the United States, they were
in legal effect thus removed, and the writ of habeas corpus was properly issued. All proceedings in the State court
23 subsequent to the removals were coram non judice and absolutely void.” VIRGINIA v. RIVES, 100 US 313-
SUPREME COURT 1880
24
25
26
1 JUDICIAL AUTHORITY NOT BEING PRESENT AND VIOLATION OF
2
DUE PROCESS
3
4 1. IT IS A FACT THAT PROCEEDINGS CORAM NON JUDICE ARE
5 ABSOLUTELY VOID AND THEREBY THE SURROGATE JUDGE IS

6
ACTING IN CLEAR ABSENCE OF JURISDICTION AND THEREBY IS
7
8 WITHOUT THE PRESUMPTION OF JUDICIAL IMMUNITY AND
9 WITHOUT 11TH AMENDMENT SOVEREIGN IMMUNITY AND CAN

10
BE HELD PERSONALLY FOR INJURIES CAUSED BY DEPRIVING
11
12
FEDERALLY SECURED RIGHTS AND ACTING WITHOUT
13 AUTHORITY AND JURISDICTION8.

14
2. IT IS A FACT THE PROCEEDINGS ARE NOT IMPARTIAL FOR THE
15
16
NON-JUDICIAL PERSON’S SALARY IS DERIVED PARTIALLY OR
17 WHOLLY FROM FEDERAL TITLE IV-D FUNDS RECEIVED FROM

18
ORDERS ISSUED BY THE SURROGATE JUDGE ARE VOID.
19
8
20
However, since Ex parte Young, 209 U. S. 123 (1908), it has been settled that the Eleventh
21 Amendment provides no shield for a state official confronted by a claim that he had deprived another of a federal
right under the color of state law. Ex parte Young teaches that when a state officer acts under a state law in a manner
22 violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he
is in that case stripped of his official or representative character and is subjected in his person to the consequences of
23 his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme
authority of the United States." Id., at 159-160. Scheuer v. Rhodes, 416 US 232 - Supreme Court 1974
24
25
26
1 3. IT IS A FACT A TRIAL BY JURY IS NOT REQUIRED FOR
2
PATERNITY, BUT IS REQUIRED FOR ALL CONTROVERSIES OF $20
3
4 AND MORE AND THEREBY THE RIGHT TO A TRIAL BY JURY FOR
5 A STATE CITIZEN IS INVIOLATE AND THEREBY THIS TRIBUNAL

6
MUST DISCHARGE THIS MATTER OR PROVIDE A TRIAL BY JURY.
7
10
11
12
13
14
15
16
Dated this [day] of [Month], [year].
17
18
19 Your Name
20
21
22
23
24
25
26

DEMANDING TRIAL BY JURY JUDGMENT BY PEERS Copy 2

Uploaded by

Copyright:

Available Formats

You might also like

DEMANDING TRIAL BY JURY JUDGMENT BY PEERS Copy 2

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

DEMANDING TRIAL BY JURY JUDGMENT BY PEERS Copy 2

Uploaded by

Copyright:

Available Formats

1 Your name

6 AMENDMENT OF THE BILL OF RIGHTS FOR THE CONSTITUTION

14 confronted by a claim that he had deprived another of a federal right under

19 COMES NOW, [TYPE IN YOUR NAME AND REMOVE

22 THE LAND OF [TYPE IN YOUR STATE AND REMOVE BRACKETS] AND

4 GUAM AND AMERICAN SAMOA AND THEREBY NOT UNDER THE

5 JURISDICTION AND FEDERAL STATUTES OF THE UNITED STATES 3.

13 MAIL THAT A HEARING FOR ALLEGED NON-PAYMENT OF CHILD

22 28 USC Section 3002 (15) “United States” means—

4 RESPONDENT AS REQUIRED BY STATE AND FEDERAL UNIFORM

5 INTERSTATE FAMILY SUPPORT ACT. THE COURT IS REQUIRED

8 NOTICE TO APPEAR WERE PERSONALLY SERVED TO THE

13 CONSTITUTION AND CONSTITUTION FOR THE UNITED STATES

17 AUTOGRAPHED SIGNATURE OF THE UNDERSIGNED.

21 JUDGMENT IS NOT IN ACCORDANCE WITH DUE PROCESS THE

NOTICE TO COURTDEMANDING A TRIAL BY JURY IS REQUIRED UNDER 7TH AMENDMENT OF THE

4 JUDICIAL IMMUNITY5AND CAN BE HELD PERSONALLY LIABLE

5 FOR DAMAGES FOR CONDUCT CAUSING THE UNDERSIGNED AN

10 SURROGATE JUDGE/NON-JUDICIAL PERSON ARE ABSOLUTELY

4 1. IT IS A FACT THAT PROCEEDINGS CORAM NON JUDICE ARE

5 ABSOLUTELY VOID AND THEREBY THE SURROGATE JUDGE IS

8 WITHOUT THE PRESUMPTION OF JUDICIAL IMMUNITY AND

9 WITHOUT 11TH AMENDMENT SOVEREIGN IMMUNITY AND CAN

13 AUTHORITY AND JURISDICTION8.

17 WHOLLY FROM FEDERAL TITLE IV-D FUNDS RECEIVED FROM

4 AND MORE AND THEREBY THE RIGHT TO A TRIAL BY JURY FOR

5 A STATE CITIZEN IS INVIOLATE AND THEREBY THIS TRIBUNAL

You might also like