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Special Appearance
Not Legal Advice just thinking out loud.
PLEASE READ THIS SPECIAL APPEARANCE CAREFULLY
NOTICE OF SPECIAL RESTRICTED APPEARANCE to Challenge Jurisdiction
NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSON(S) and his/her/its attorney(s) that I do hereby NOW Specially Appear in my own right and for the sole purpose of objecting to and challenging jurisdiction.
Notice to the agents is notice to the principals and notice to the principals is notice to agents applies to my agreement to Now Specially Appear per your Notice of Personal Appearance.
To Whom if may concern: The Court, Judge, Clerk of the Court, Police Dept. and Prosecutor, etc.
Officers Name: _____________________________________________
RESERVATION OF RIGHTS
I specifically Reserve and do NOT Waive all my fundamental rights, privileges, and immunities as one of the People of these united States of America as guaranteed to me by the Constitution for the united States of America.
I claim and give myself the right to drive and I do NOT waive this Right, per the 9th Amendment to the Constitution for the united States of America.
I do NOT waive my right to timely personal Service of a valid Summons with a verified Complaint with evidence of an injured party on me prior to any scheduled court date.
APPEARANCE (defined)
"Appearance" is defined by Bouvier to be "a coming into court as a party to a suit, whether as plaintiff or defendant; the formal proceeding by which a defendant submits himself to the jurisdiction of the court"; while the word "defend" is defined in Black's Law Dictionary as follows: "To contest and endeavor to defeat a claim or demand against one in a court of justice."
"An alleged defendant appears in an action when he answers, demurs, or gives the plaintiff/COP written notice of his appearance, or when an attorney gives notice of an appearance for him." This section makes it plain that, although an answer is an appearance, an appearance is not necessarily an answer. The words "answer" and "appear" are not synonymous.
There is a possibility that your organizations may interpret, construe, or presume the definition of "appearance" in Bouvier (above) to create the presumption that, by signing a Promise on a Notice to Appear, I have agreed to become a party, either as defendant or as plaintiff, in a proposed legal proceeding initiated without proper or timely personal service of process. That potential interpretation, construction, or presumption is unreasonable.
My reasonable agreement is to be physically present at the place and time set in your Notice of Personal Appearance only upon the condition of proof of jurisdiction being sent to me within 10 days of your receipt of this NOTICE OF SPECIAL RESTRICTED APPEARANCE.
It is my reasonable intention that my Notice of Special Restricted Appearance constitutes my full, complete, and total performance of my Promise to Appear and completely discharges any and all obligation(s) which any court may presume against me.
There is a possibility that your organizations may interpret, construe, or presume my Promise to Appear as a recognizance, so I researched 'recognizance'.
recognizance. ... A bond or obligation, made in court, by which a person promises to perform some act or observe some condition, such as to appear or observe some condition, such as to appear when called, to pay a debt, or to keep the peace. Most commonly, a recognizance takes the form of a bail bond that guarantees an unjailed criminal defendant's return for a court date [the defendant was released on his own recognizance]. See RELEASE ON RECOGNIZANCE.
personal recognizance… The release of a defendant in a criminal case in which the court takes the defendant's word that he or she will appear for a scheduled matter or when told to appear. This type of release dispenses with the necessity of the person's posting money or having a surety sign a bond with the court. ...
NOTICE IS HEREBY GIVEN that I have no known debt/duty/obligation to the potential opposing party that I should validate, or should obligate myself to, by executing a Recognizance.
John Q Public__________________________
Copy served on Officer to serve to the Prosecutor - notice to agent notice to principal.
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We are all in violation of the law somewhere, so is your adversary. Romans 3:23
The State in Fact, without the UNITED STATES
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