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Re: Pro Se filings!

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  • Occupant Family
    OK! Someone finally asked an intelligent question that may be answered by the following: The Writ SHALL not be dismissed for lack of form or failure of
    Message 1 of 2 , Mar 29, 2005
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      OK!

      Someone finally asked an intelligent question that may be answered by the
      following:

      The Writ SHALL not be dismissed for lack of form or failure of process.
      All the pleadings must be is as any reasonable man/woman would
      understand. Clearly written, affidavits of facts and law. Use this under
      "jurisdiction" in the Complaints you write.

      "And be it further enacted. That no summons, writ, declaration, return,
      process, judgement, or other proceedings in civil cases in any of the
      courts or the United States, shall be abated, arrested, quashed or
      reversed, for any defect or want of form, but the said courts
      respectively shall proceed and give judgement according as the right of
      the cause and matter in law shall appear unto them, without regarding any
      imperfections, defects or want of form in such writ, declaration, or
      other pleading, returns process, judgement, or course of proceeding
      whatsoever, except those only in cases of demurrer, which the party
      demurring shall specially sit down and express together with his demurrer
      as the cause thereof. And the said courts respectively shall and may, by
      virtue of this act, from time to time, amend all and every such
      imperfections, defects and wants of form, other than those only which the
      party demurring shall express as aforesaid, and may at any, time, permit
      either of the parties to amend any defect in the process of pleadings
      upon such conditions as the said courts respectively shall in their
      discretion, and by their rules prescribe (a)"
      Judiciary Act of September 24, 1789, Section 342,
      FIRST CONGRESS, Sess. 1, ch. 20, 1789

      Hope that covers it on the topic!

      Deo volente,
      Jim
      When someone who is honestly mistaken hears the truth,
      They will either quit being mistaken or cease to be honest!

      ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
      On Sat, 26 Mar 2005 11:41:58 -0500 <Sacs1@...> writes:
      >
      >
      > All these cases mention a Pro Se litigant should not be held to the
      same
      > standards as a lawyer in their "Pleadings". All law dictionaries
    • Michael Pf
      Thank you, James - finally a word of authority with a verifiable citation. THAT S WHAT I M TALKIN BOUT! ... that may be answered by the ... form or failure
      Message 2 of 2 , Mar 29, 2005
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        Thank you, James - finally a word of authority with a verifiable citation.
          
        THAT'S WHAT I'M TALKIN' 'BOUT!
         
        > Occupant Family <lookin2c@j...> wrote:
        > OK!
        >
        > Someone finally asked an intelligent question
        that may be answered
        by the
        > following:
        >
        > The Writ SHALL not be dismissed for lack of
        form or failure of
        process.
        > All the pleadings must be is as any reasonable
        man/woman would
        > understand. Clearly written, affidavits of
        facts and law.  Use
        this under
        > "jurisdiction" in the Complaints you write.


        Michael
        Laguna Niguel, CA
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