Wednesday, August 7, 2013

As any reasonable person can understand

I've had court clerks deny my paperwork for the stupidest things in the past. Not anymore.

The Court Cannot Deny Your Petitions for 'Want of Form'
or 'Insufficient Process' All it has to be is 'as any reasonable person can understand'.

"And be it further enacted. That no summons, writ, declaration, return, process, judgment, 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 judgment 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, judgment, 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

Due Process provides that the "rights of pro se (Sui Juris) litigants are to be construed liberally and held to less stringent standard than formal pleadings drafted by lawyers; if court can reasonably read pleadings to state valid claim on which litigant could prevail, it should do so despite failure to cite proper legal authority, confusion of legal theories, poor syntax and sentence construction, or litigants unfamiliarity with pleading requirements" (Spencer v Doe, 1998; Green v Branson 1997;Boag V McDougall, 19982; Haines V Kerner, 1972)

"Right to proceed pro se (Sui Juris) is fundamental statutory right that is afforded highest degree of protection" DEVINE V INDIAN RIVER COUNTY SCHOOLBD., 11TH CIR. 1997

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