IN THE 30TH JUDICIAL DISTRICT

DISTRICT COURT, SUMNER COUNTY, KANSAS

Notice to Clerk of Court & Deputies

Kan Rule 23 (a) Filing User’s Obligations. When filing a document with the
district court, at the efiling interface, a filing user must correctly designate the case
and document type and indicate if the document is submitted under subsection

(b) or certify that the document complies with Rule 24. The requirement to certify
compliance with Rule 24(b) does not apply to those individuals exempted from the
definition of "filing user" in Rule 21(l).

(1) A court employee is not required to review a document that a filing user
submits to ensure that the filing user appropriately designated a case, document, or
information.

(2) If a document does not comply with these rules, the court may order that the
document be segregated from public view until a ruling has been made on its
noncompliance.

(d) Inclusion of a Paper Document. If a clerk is authorized to accept a paper

document for filing in a case record under a standard operating procedure adopted
by the judicial administrator, the clerk must follow the requirements of that
procedure for including the document in the case management system.

[2] The Kansas eCourt Rules make clear that the responsibility for correctly filing
a document in a court case rests with the person filing the document.

[History: New rule adopted effective June 14, 2019; Am. effective June 12,
2020.]

The minute you receive any affidavit, it is recorded. Should you refuse to record my affidavits
once deposited with you, you are committing a crime against justice under Statutes at Large
Section 5403, and it is punishable by up to a S2000 fine and 3 years imprisonment. If your judge
or county attorney told you not to file any documents like mine, you are still responsible as I do
not recognize intervention in this matter by any outsiders or third parties unable to provide 1 st
hand knowledge of the matter, and unable to state an injury related to the matter.

Any attorney, district attorney, or anyone from the lawyering craft are all third parties and do not
have a license to make a legal determination in this matter as they do not represent Me, and you,
the county clerk, do not have the authority to represent Me. If you refuse to file My presented
paper(s), you are attempting to make a legal determination for Me which is a crime that upon
filing Of complaint will subject you to potential loss of bond, assumption of liability, and/or
arrest by the sheriff.

Court Clerks cannot refuse to file a document for form

A clerk is not permitted to refuse filing a document for form as required by rule 5.(d)(4) of the
Federal Rules of Civil Procedures specifically state,

5.(d)(4) Acceptance by the clerk. A clerk must not refuse to file a paper solely because it is not
in the form prescribed by these rules or by a local rule or practice.

This is an important rule especially for those who are preceding in a court of record. Although
a court of record proceeds according to common law, the sovereign, as defined in Supreme
Court ruling Inaugural Chief Justice John Jay, in Chisholm v. Georgia (1793), can choose
the Federal Rules by which to proceed. This is one of the ways to get a clerk to do his job.
Since law is the decree of the Clerk, the clerk or it’s Deputies cannot decree which statutes
apply in this case.
A court clerk does not have the authority to deny access to the court, nor does it have the power
to deny motion hearings be set. A court clerk may not make any judicial decisions. It’s duties
are ministerial and not tribunal. The tribunal is who gets to make the decisions regarding the
quality of a paper. The Clerk and it’s Deputies were content to seem as though they were
playing a shell game with the petitioner, always passing the buck or pretending to be ignorant
and consistently making reference to their inability to “give legal advice" upon being asked
even the most rhetorical of lines of questioning.

The clerk of the court or it’s Deputies would not file my papers on more than one occasion,
refused to set motion hearing dates for the Petitioner in the matters of an order to appear and
show cause on adverse counsel for improper notice of service and not providing notice of
several of his filings including but not limited to his filing for discovery in silence, as well as
not setting hearing date for a request for an emergency ex parte hearing, as well as motions
filed to establish paternity. The clerk of the court or it’s deputies wouldn’t comply even after
myself simply requesting/stating politely that they file them on demand. It’s clear to me in
hindsight that I should have just sent all of my filings to the clerk by way of registered mail and
hoped that would be sufficient to see that my right to due process was at some point in this
administrative hearing be respected and that the clerk and/or it’s deputies would see fit at any
point to follow their own rules and comply.

Anyone who alters a document after filing, removes a document from the record, or refuses to
file any document related to the case number can be punished for up to three years in prison
according to

18 USC § 2071

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or
attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map,
book, paper, document, or other thing, filed or deposited with any clerk or officer of any court
of the United States, or in any public office, or with any judicial or public officer of the United
States, shall be fined under this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper,
or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or
destroys the same, shall be fined under this title or imprisoned not more than three years, or
both; and shall forfeit his office and be disqualified from holding any office under the United
States. As used in this subsection, the term “office” does not include the office held by any
person as a retired officer of the Armed Forces of the United States.

There is also case law that specifies that a document is filed once it is delivered to the clerk. It
does not have to be stamped and sign. That is done merely to designate a time of filing. In one
case, the court opined that a document is filed even if delivered to a deputy clerk at night at his
home.
it is settled law that delivery of a pleading to a proper official is sufficient to constitute
filing thereof. United States v. Lombardo, 241 U.S. 73, 36 S. Ct. 508, 60 L. Ed. 897
(1916); Milton v. United States, 105 F.2d 253, 255 (5th Cir. 1939). In Greeson v. Sherman,
265 F. Supp. 340 (D.C.Va.1967) it was held that a pleading delivered to a deputy clerk at his
home at night was thereby "filed." (Freeman v. Giacomo Costa Fu Adrea, 282 F. Supp. 525
(E.D.Pa. 04/5/1968).)

CRIMES AGAINST JUSTICE

(Destroying & c., public records)

“Every person who willfully destroys or attempts to destroy, or with intent to steal or destroy, takes and
carries away any record, paper, or proceeding of a court of justice, filed or deposited with any clerk or
officer of such court, or any paper, or document, or record filed or deposited in any public office, or with
any judicial or public officer shall, without reference to the value of the record, paper, document, or
proceeding so taken, pay a fine of not more than two thousand dollars, or suffer imprisonment at hard
labor for not more than three years, or both: [See § 5408, 5411, 5412.1]

(Conspiracy to defeat enforcement of the laws.)

“If two or more persons in any State or Territory conspire for the purpose of impeding, hindering,
obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent
to deny any citizen the equal protection of the laws, or to injure him or his property for lawfully
enforcing, or attempting to enforce the right of any person, or class of persons, to the equal protection
of the laws, each of such persons shall be punished by a fine of not less than five hundred nor more than
five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor
more than six years, or by both such fine and imprisonment. [See § 1977-1991, 20042010, 5506-
5510.1]”

(Destroying record by officer in charge.)

“Every officer having the custody of any record, document, paper, or proceeding specified in section
fifty-four hundred and three who fraudulently takes away, or withdraws, or destroys any such record,
document, paper, or proceeding filed in his office or deposited with him or in his custody, shall pay a
fine of not more than two thousand dollars, or suffer imprisonment at hard labor not more than three
years, or both, and shall, moreover, forfeit his office and be forever afterward disqualified from holding
any office under the Government of the United States.”

Please govern yourself accordingly moving forward.