What if the clerk refuses to file documents?

What happens when the court dishonors [a] man and refuses to allow common law ( a court of record) in the court?

UPDATE: Pursuant to Federal Rule of Civil Procedure 5(d)(4), the Clerk’s Office cannot refuse to file a document only because it is not in the form prescribed by the federal rules or local rules. If the document submitted for filing contains specified, substantive defects, the intake clerk will stamp the document as “received but not filed” and prepare a “Notice of Document Discrepancy” for review by the judge. The person filing the document will be given a copy of the notice. The judge may order the papers stricken or returned to counsel after they are examined. It is recommended counsel follow any directions given on the accompanying discrepancy form to correct the deficiencies.

Common Issues

The biggest frustration we face is the lack of integrity within the legal society and at times, within court system itself.  It takes paying attention and some perseverance.  Assume no one is your friend, even if they try to be nice about it.  This is war to them.  They may be attempting to get you to talk and reduce your status and thus accept jurisdiction.  It is your right to use the common law, as a man.  While most judges and magistrates don’t feel threatened by common law, others see it as an absolute threat to the their closed union money machine.  If everyone began using common law, their little revenue generating scheme would be over.  Because many Clerks serve at the good pleasure of the Chief Judge, they tend to follow the lead of the Chief Judge.  Yes, there are many honorable judges, but be careful.

A man should require a Judge and Clerk to record their oaths and performance bonds into a case before proceeding, be sure to use this when needed.  A man can always give fair warning (a simple notice) to the person that interferes with his right to move a claim; and finally, the man may make a claim against the person that trespasses on his rights.

Essentially, the courthouse was built with public funds to serve the public (the man and woman), and is just as public as the local library.  We pay a filing fee to therefore have exclusive use of a public room in the courthouse.

Another tip if they deny your recording… cite Federal Rule of Civil Procedure 5(d)(4), and ask for their supervisor and request their oaths of office. Then request to see the District Attorney because the recorder is denying due process, and you want to file a complaint.

Often times the issue is just formatting and the title of your document. If they don't have a category for you document type, it makes it difficult for them to understand and file. So ask about this in advance. Also, if you have a legal case file open, get all your documents in that file early, so they also appear in the record.  It harder to deny entering documents in a case file than simply recording them.

Share this post

Author

Related Posts

Explore our blog for valuable insights and tips

Powered by WishList Member - Membership Software

0
Would love your thoughts, please comment.x
()
x