Challenging Court Jurisdiction Jaro on October 21, 2012 at 12:30am View Blog Here's some info about Special Appearance, that EVERYONE should study, since that is one of the main ways to assert our rights in court. Other t han COUNTER-CLAIM , we can use OPTIONAL appearance , which is appearing as a third party intervenor , instead of as a defendant. But that is only o nly for SPC's since they have UCC lien against the strawman, and so claim to be creditors, i.e.holders in due course, and thus challenging the State's title to the ALL CAPS strawman fiction. If you're not an SPC, you can use special appearance to challenge court's PERSONAL jurisdiction. But that SA should be accompanied by your affidavit(s) and other documents to support your claim. Also note that asking for ben efits from the court, such as asking for continuance, or arguing the case, constitutes GENERAL appearance and ends your SA. You also gotta file the Special Appearance with the court clerk , usually at least two weeks before the arraignment, and send a copy to the DA as well. There are three ways that the court cou rt acquires PERSONAL jurisdiction: 1) Physical presence at the time of service, generally even if the presence within the jurisdiction is temporary 2) If the party lives within the geographic area of the court’s jurisdiction 3) Any party may consent to personal jurisdiction of a court which tries to assert personal jurisdiction over him or her, even if he or she does not reside within the geographic area that makes up that court’s jurisdiction. Now the way I overstand this, is that these courts with yellow-fringed yellow-fringed flags, have jurisdiction ONLY over those RESIDING in a (corporate) State, and NOT those Domiciled in a state of the Union.So if you have filed a Declaration of DOMICIL,does that mean that you're a State resident? I DON'T THINK SO! So for example, at taching your Decl. of Domicil to your Special Appearance, might be one way of claiming NOT to be under the corporate State court's jurisdiction. Here's more info about that: Special Appearance / Personal Jurisdiction Appearance: A coming into court by a party to a suit, either in person or through an attorney, whether as plaintiff or defendant. The formal proceeding by which a defendant submits to the urisdiction of the court. The voluntary submission to a court's jurisdiction.
An appearance is some Overt Act by which the defendant comes before the court to either submit to or challenge the court's jurisdiction. A special appearance is a concept con cept within the United States Federal Rules o f Civil Procedure that 1
allows a person who has been served a summons a chance to appear at a court proceeding with the specific purpose of challenging the extension of personal jurisdiction by the court. By challenging such jurisdiction in a special appearance, the party is challenging the court’s right to hear the case against him or her based on a lack of personal jurisdiction. If the argument made during the special appearance is effective, then the court will have to dismiss the case. Personal jurisdiction refers to the right of a court to hear a case based on certain qualifications regarding the court and the party in the case.This type of jurisdiction is generally asserted in one of three ways. The first is physical presence at the time of service, generally even if the presence within the jurisdiction is temporary. Second, personal jurisdiction may be asserted if the party lives within the geographic area of the court’s jurisdiction. Last, any party may consent to personal jurisdiction of a court which tries to assert personal jurisdiction over him or her, even if he or she does not reside within the geographic area that makes up that court’s jurisdiction. Normally, a person submits himself or herself to personal jurisdiction by physically entering the jurisdiction. A special appearance is an appearance by a party within a court’s jurisdiction that is conditioned on not submitting himself or herself to such jurisdiction. The Federal Rules of Civil Procedure allow this as it gives the party the ability to argue that the court should not be able to assert jurisdiction over him or her without implying consent to the assertion by physically entering the jurisdiction, as would normally be the case. For example, if a man who lives in Massachusetts is served a summons through the mail stating that he must appear in a Florida court, he may want to challenge that court’s assertion of jurisdiction over him. In order to do this, he may have to appear in court, which presents a problem, as setting foot in Florida would validly subject him to the jurisdiction of Florida courts. By making a special appearance, he may enter the state with the sole intention of appearing at court to contend that he may not be summoned to Florida courts because they do not hold personal jurisdiction over him. http://www.wisegeek.com/what-is-a-special-appearance.htm Any party can appear either in person or through an attorney or a duly authorized representative; the party need not be physically present. In most instances, an attorney makes the appearance. An appearance can also be made by filing a notice of appearance with the clerk of the court and the plaintiff, which states that the defendant will either submit to the authority of the court or challenge its jurisdiction. An optional appearance is entered by a person who is intervening in the action to protect his or her own interests, though not joined as a party. [such as an SPC] The two most common categories of appearances are general and special. General Appearance
Any action by which the defendant recognizes the jurisdiction of the court c onstitutes a general appearance.This is an unqualified submission to the cou rt's personal jurisdiction over the 2
defendant and is treated as the equivalent of a valid service of process. By making a general appearance, the defendant agrees that the court has the power to bind her or him by its actions and waives the right to raise any jurisdictional defects (e.g., by claiming that the service of process was improper). The defendant also waives the objection that the case is brought in the wrong venue. The defendant does not, however, waive any substantive rights or defenses, such as the claim that the court lacks jurisdiction over the subject matter of the case or authority to hear the particular type of case (e.g., a Bankruptcy court will not hear personal injury cases). Special Appearance
A special appearance is one made for a limited purpose.It can be made, for example, to challenge the sufficiency of the service of process. But mo st often, a special appearance is made to challenge the court's personal jurisdiction over the defendant. It prevents a default judgment from being rendered against the defendant for failing to file a Pleading. (A default judgment is an automatic loss for failing to answer the complaint properly.) When a defendant makes a special appearance, no other issues may be raised without that appearance's becoming a general appearance.If a party takes any action dealing with the merits of the case, the party is deemed to have made a general appearance and submitted to the jurisdiction of the court. If a challenge is successful and the court agrees that it does not have personal jurisdiction over the defendant, it will dismiss the action. If the court finds a gainst the defendant on that issue, that decision can later be appealed. The right to make a special appearance is almost universally recognized, except where abolished by statute. Federal Rules
Federal courts and states that have adopted the Federal Rules of Civil Procedure have eliminated the distinction between a general and a special appearance. Instead of challenging the court's personal jurisdiction in a special appearance, a defendant can do so by use of a pretrial motion to dismiss the Cause of Action, or in an answer to the complaint. A removal proceeding, in which a defendant asks to have the case moved from state court to federal court, is regarded as a special appearance. Delay or Failure to Appear
A defendant who fails to appear in court pursuant to a service of process might hav e a default judgment entered against her or him and be held in Contempt of court. A failure to appear does not, however, result in a waiver of objections to the court's jurisdiction.
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http://legal-dictionary.thefreedictionary.com/Limited%20Appearance BTW, one could probably also appear CONDITIONALLY, by telling the judge "I conditionally apear as the defendant, upon proof of claim that I am the person spelled in all caps on the charging document". By doing that you fulfil your promise to come to court, without admitting that you're the defendant strawman, and without refusing to admit to be the strawman, which could be considered as dishonor. And here's some basic info on how special appearance is done in Texas. http://www.smartrules.com/states/Texas/Bexar-District/Special-Appearance-262-219-0.html Now, if the court overrules your Special Appearance, then it'll have personal jurisdiction, however, you'll be able to appeal that decision later. Plus, SUBJECT MATTER jurisdiction can be challenged at any time: http://www.wisegeek.com/what-is-subject-matter-jurisdiction.htm A B Gamble, A voice of Many. Jaro, Jurisdiction is first challengable in front of the Court during first appearance, which in my FL county is 24 hours from the booking time of the arrest. That gives me no time to prepare court documents and get them sent to the proper parties before appearing before Court. If I challege Jurisdiction with straw-man theories at first appearance (by asking questions), I get a continuence by the Judges order while they give me psychological evaluations. This could eventually end me up in a psych ward by order of the court indeffinately. I know because I've been down that road before in Court. Maybe, I'd have time to get those SA papers in order while I'm being held in the psych wa rd??? Either way, I have to get through first appearance before arraignment. Comment by Jaro AB, you're such a baby. First, the judge CAN'T do anything until the defendant/strawman APPEARS. And he doesn't appear UNTIL you admit to be the NAME. So if you're a US corporate citizen and admit to that, then the judge can treat you as corporate property that you are, and order the psych evaluation. In which case this blog obviously isn't for you. You've demonstrated here more than once before, that you think yourself as a corporate US citizen, which is one of the corporate sheeple, so quit crying that your corporate masters t reat you badly. And Special Appearance is a widely ACCEPTED way of challenging the jurisdiction. Even lawyers can file it for you. Whether you use the strawman argument or something else such as your Domicil in the state of the Union, is up to you. If you're afraid of the fire, stay of of the kitchen. Plus, if you're concerned that you won't have time to file SA after you're arrested, carry a copy with you, and file it when you're brought in front of the judge. And somehow I'm not surprised that you'd be unable to figure that out. Sheeple aren't known for being vigilant regarding their rights. It's always up to you, whether you appear generally or specially. 4
Jaro And one more thing. If you file or claim Special Appearance, but don't file any affidavits or docs to support that SA, you're screwed, since if the judge overrules it, there's no point appealing that, since the appeal court can only see the arguments/claims made on the record, so it'll have nothing t o consider if you didn't file any affidavits in support of your SA. Richard Lee Cole Jr. I thought Jurisdiction can be challenged at any point in pretrial or even during the trial. mg777 Richard Lee Cole, you are correct jurisdiction can be filed at anytime during pretrial before pretrial and during trial. Jocelyn T Jaro, I know a case in Quebec 2008 that judge ask for a psych examination even though the defendant never accept his strawman appellation and even had sent affidavit before, the judge said that the defendant had these 2 denominations in court: human being and leg al person at the same time !!! FYI, this defendant hadn't none of commercial fillings like SPC. Robert Kaltenbach Subject matter jurisdiction may be raised at any time, even 20 years later, even on appeal. But challenging personal jurisdiction is a waste of time. There are too many ways for a man to screw up.i.e. appearance, domicile, residence, etc. But once challenged they must show how it exist. "Jurisdiction can be challenged at any time." and "Jurisdiction, once challenged, cannot be assumed and must be decided." Basso v. Utah Power & Light Co. 495 F 2d 906, 910. "Defense of lack of jurisdiction over the subject matter may be raised at any time, even on appeal." Hill Top Developers v. Holiday Pines Service Corp. 478 S o. 2d. 368 (Fla 2nd DCA 1985) "Once challenged, jurisdiction cannot be assumed, it must be proved to exist." Stuck v. Medical Examiners 94 Ca 2d 751. 211 P2d 389 Jonathan Tanguay I've heard of surrendering either the birth certificate or a certified copy of it in chambers with the judge to dismiss a case. This is probably the easiest and best way to g o. That way there's no appearance of any kind and you remain in honour. ryan mark he easiest and best way to go is hop over the bar and let the actor in the black dress know that the judge has appeared by special appearance. then sit back and enjoy the show and watch the esquires run like rats off a sinking ship. the final step is to simply sit on the be nch and render judgement...and that is sovereignty my brothers and sisters...the captain assuming command of his or her vessel. praise yahweh!
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