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Originally Posted by farmer_giles_of_ham
You know this goes right to what we've been hammering at here recently. Its all about bouncing the ball back into THEIR court- with anything, tax, vehicle any accusation in general from anyone.
Demur demur demur.
My first teachers 'splained me that good, too- but it took a while to get it...
We have one basic automatic tool: denial by testimony beats hearsay private opinions. That right there probably beats 90% of all cases.
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Demur? LOL. You best check your state's civil procedure rules.
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Ga. Code. 9-11-7 Pleadings - motions.
[subsections a and b redacted due to irrelevancy]
(c) Demurrers, pleas, etc., abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.
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[Emphasis added]
And a demurrer won't work in federal court, either. Fed. Rule of Civil Procedure 7 states as follows:
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(a) Pleadings. Only these pleadings are allowed:
(1) a complaint;
(2) an answer to a complaint;
(3) an answer to a counterclaim designated as a counterclaim;
(4) an answer to a crossclaim;
(5) a third-party complaint;
(6) an answer to a third-party complaint; and
(7) if the court orders one, a reply to an answer.
(b) Motions and Other Papers.
(1) In General. A request for a court order must be made by motion. The motion must:
(A) be in writing unless made during a hearing or trial;
(B) state with particularity the grounds for seeking the order; and
(C) state the relief sought.
(2) Form. The rules governing captions and other matters of form in pleadings apply to motions and other papers.
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[Emphasis added]
You have a defense, you best raise it by answer or motion. Preferably both, and filed at the same time.
JOO NOOB! LOL
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We reject Skurdal's argument that he is a "free man" exempt from the laws because he has "no contracts" with either the state or federal governments...No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them...Accepting Skurdal's assertion of exempt status is an invitation to anarchy. We decline that invitation. - State v. Skurdal, Supreme Court of Montana, 235 Mont. 291, 767 P.2d 304 at 308 (1988).
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