I just used the search function to find the abatement:
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I have received but have not accepted the Uniform Traffic Citation and Complaint and am hereby rejecting said document for cause without dishonor. I am returning said document marked "Without Prejudice" thereby retaining all of my Rights in Law and Equity as I challenge the subject matter and in personam jurisdiction of the court for the following causes:
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That is called
Refusal for Cause. And it is why I teach new suitors they cannot accept and refuse any presentment at the same time.
I marked in red the fatal mistake. And the first paragraph of the treatise explains why. I do not know how this could happen - I suppose the author of the treatise is not the author of the abatement. Any successful abatement will have a refusal for cause but one cannot challenge the jurisdiction of emergency doctrine without appearing.
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There are many who believe that special appearances (by paper work, motions, etc.) nullify a court’s jurisdiction. Under emergency powers this is false doctrine. There is no remedy in challenging a courts jurisdiction, except by abating its process, first.
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I suppose the other way to make my point is to ask,
Why challenge jurisdiction if you have abated process? Look for yourselves:
http://www.jag.navy.mil/documents/mcm2000.pdf
Page 58:
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(b) Requisites of court-martial jurisdiction. A courtmartial always has jurisdiction to determine whether it has jurisdiction. Otherwise for a court-martial to have jurisdiction...
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Regards,
David Merrill.