Civil Procedure

Robert Clarkson 864-225-3061 email Nelson Waller 864-225-0882

Table of Contents

  1. Forms
    1. Federal Civil Procedures with Forms
    2. Sample Writ of Certificate
    3. Sample Summons Form
    4. Application to Proceed Without Prepayment of Fees and Affidavit
      (Requires Adobe Reader)
    5. Civil Cover Sheet (requires Acrobat)
    6. Civil Cover Sheet (Typable PDF Form)
    7. Return of Service Form
    8. New Proof of Service
  2. Motions
    1. Motion for Enlargement Of Time
    2. Motion to Recuse
      1. Old Clarkson Case
      2. Affidavit in Support of Motion To Recuse
      3. Motion to Recuse: Coy's Case
      4. Clarkson's Affidavit in Support of Coy's Motion
      5. The Law on Recusal of a Judge
    3. Fraud Upon the Court: Law on Motion to Recuse
    4. Objection to Denial of IFP
    5. Husband to Represent Wife
    6. Motion for Special Appearance
    7. Motion for Rehearing en banc
    8. Motion for Special Appearance
  3. Instructions
    1. Federal Civil Procedures with Forms
    2. Mailing to the IRS
    3. The Importance of Proper Pleadings
    4. How to File Pleadings in Federal Court
    5. Interrogatories Explained
    6. How to Draft Interrogatories
    7. Equal Access to Justice Act
    8. Information for Filing a Civil Rights Complaint(Requires Adobe Reader)
    9. Instructions for Filing an Appeal Brief
    10. Instructions on Filing and Service under Rule 4
  4. Discovery
    1. Request for Production of Documents
    2. Request for Admission
    3. Request for Admission-SC
    4. Request for Production-SC
    5. Informal Discovery (rule 26 Letter)
  5. Cases and Pleadings FYI
    1. Bob Schultz Case on Right to Petition
      1. Press Release
      2. Complaint
      3. Appeal Brief
      4. Reply Appellate Brief
      5. Petition for rehearing en banc
      6. Petition for Writ of Certiorari
      7. Verified Complaint
  6. Appeals
    1. Notice of Appeal
    2. Sample Appellate Briefs
    3. How to Appeal in Federal Court
    4. Appellate Brief Instructions
    5. Order for Stay Pending Appeal
    6. In Forma Pauperis Application for Appeals
    7. Motion for Amicus Brief
    8. Petition for a Writ of Certorari
    9. Oral Argument in Schultz Case
      Right-click here to download audio file (3.9 MB, .wma) Please do not attempt to open this large audio file directly from the server.
    10. Informal Brief for Fourth Circuit (Copy and Paste)
    11. Informal Brief for Fourth Circuit (Typable PDF)
    12. Map of Circuit Courts
    13. Petition for Writ of Certiorari -- Benson
  7. Miscellaneous
    1. Bill of Particulars in Georgia's Magistrate Court
    2. Civil Procedure Explained by LexisNexis
  8. Useful Resources
    1. Anti-Government Movement Guidebook
    2. How to File Federal Judicial Misconduct Complaints
    3. Attorney General's Action on Administrative Procedure Act

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In Forma Pauperis application for appeals

Instructions: You can pay the approx $250 filing fee to appeal. Or you can file free as an indigent. You need permission from the court for this. Click here for application, fill out and submit to the clerk of court. You need to be truthful on this and some people take the 5th instead of furnishing financial information. This of course is unpopular with the courts.

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Motion for Enlargement of Time
THE UNITED STATES DISTRICT COURT
DISTRICT OF_____________________
United States of America        )    CIVIL ACTION #
and                             )
Internal Revenue Agent          )    
_____________________           )
Petitioners                     )
vs.                             )    MOTION FOR ENLARGEMENT OF TIME
_____________________           )
Respondent(s)                   )

Respondent pursuant to Rule 6B, FRCivP moves this Court for an Enlargement of Time and for a postponement of the hearing in this ease for thirty days or ___ based upon the following grounds.

1. Respondent, as attorney pro se, needs additional time to research the law, gather evidence and prepare an adequate defense against the assertions of the Petitioners both in fact and law. Since Respondent is not an attorney and also employed full time, he is limited in his ability to Prepare his case due to the small time allowed by the Show Cause Order.

Haines VS. Kerner, 404 USS 519; 1972. The US Supreme Court ruled that the court shall allow procedural time for pro se litigants.

2. Respondent will be harmed and suffer irreparable damage if not granted additional time to prepare for the hearing, locate and subpoena witness, and complete his discovery.

3. Respondent requests this continuance in order for the Government to fulfill his discovery request. In the event Government gains protective order to halt discovery, Respondent needs more time in order to find and utilize additional methods to gather information. When the IRS fails to comply with the request for Discovery, Respondent is entitled to a separate hearing.

4. And other grounds as permitted by law and as will be hereinafter submitted to this court.

I hereby certify that I have on this date delivered or mailed to opposing parties copies of this pleading, postage prepaid and properly addressed.

Date: ____________________________
Address: _________________________
________________________________
________________________________
Respondent, Pro Se

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Request For Production Of Documents
UNITED STATES DISTRICT COURT 
DISTRICT OF_________________
Plaintiff(s)         		)   CIVIL ACTION ______________
vs.                  		)
Defendant(s)         		)   REQUEST FOR PRODUCTION
_______________      		)   OF DOCUMENTS

Requester, pursuant to Rule 34 FRCivP, requests that you allow the inspection and copying of the following documents and other items at your office at 10:00 A.M. on the thirtieth (30th) day after service of this upon you:

  1. Each and every document, record and material that you have or can obtain about requester and his party.
  2. Each and every document, record and material that you have or can obtain about this action or pertaining to it.
  3. Each and every document, record and material about or pertaining to this requester and this action held of obtainable by your attorney and the firm or agency for which he works.
  4. The documents of yours and your attorney’s pertaining to the witnesses in this case or potential witnesses.

I hereby certify that on or about this date, I mailed properly a copy of this pleading to all parties at their proper addresses(es), postage pre-paid.
This request is continuing in nature and applies to documents as described above that hereafter are obtained by you.
Date:_______________
Requester_____________________

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Request For Admission
 
UNITED STATES DISTRICT COURT
DISTRICT OF____________________
Plaintiff's				)   Case No:____________
ACTION #________        		)
		        		)
Commissioner of Internal Revenue	)   REQUEST FOR ADMISSION
Defendant(s)____________________	)   

TO:_______________________
Requester, pursuant to FRCivP 36, requests that above—designated person do make the following Admissions within thirty (30) days’ service of this request or within such shorter time as the Court may allow. For the purposes of this action, admit or deny in writing that the following statements are true:

I hereby certify that on or about this date, I mailed properly a copy of this pleading to opposing parties.

Date:
_____________________
_____________________

Plaintiff pro se
Address:_____________

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Request For Admissions-SC
         
     
STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
COUNTY OF____________
Medical	Center,	Inc.,  		) Civil Action
Plaintiff,	       		) No._________________
vs.        	       		)
Defendant(s).	       		) REQUEST FOR ADMISSIONS
		

TO: Defendants,

YOU ARE HEREBY REQUIRED, pursuant to Rule 36(a) of the South Carolina Rules of Civil Procedure, to admit or deny the following numbered requests for admission, in writing, within thirty (30) days after service of this Request.

If you cannot admit or deny any such request, you are under a duty seasonably to amend a prior response if (a) you know that the response was incorrect when made, or (b) you know that the response though correct when made is no longer true and the circumstances are such that a failure to amend the response is, in substance, a knowing concealment. If you fail to admit the truth of any matter as requested and this Defendant thereafter proves the truth of the matter, Defendant may apply to the Court for an order requiring you to pay to it the reasonable expenses incurred in making that proof, including reasonable attorneys’ fees. Further, if you fail to admit or deny the request in writing within thirty (30) days after service, exclusive of the day of service, the request shall be deemed admitted.

1. Do you admit that _____________________was a patient at ____________ Area Medical Center, Inc. from October 26, 2000 through October 28, 2000?

2. Do you admit that during her hospitalization during the period set forth above ______________ received hospital services and supplies pursuant to the direction and orders of her admitting and attending physicians?

3. Do you admit that _________ was the husband of ______________ during the period from October 26, 2000 through October 28, 2000?

4. Do you admit that payment has not been made to ___________ Area Medical Center, Inc. for the hospital services and supplies provided to _______________ during her hospitalization from October 26, 2000 through October 28, 2000?

Medley & Medley Law Firm P.A

_________________________
John Doe Deere

500 South Patriot Street
P.O. Box YYYY
__________, SC 29622

Attorneys for Plaintiff
_______Area Medical Center, Inc.
May, 2003

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Request For Production-SC
       
STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
Area Medical Center,	)	Civil Action No._________
Inc.,		        )
Plaintiff,	        )
                        ) 	PLAINTIFF’S FIRST REQUEST
vs.			) 	FOR PRODUCTION, INSPECTION
 			) 	AND COPYING OF DOCUMENT TO
Defendant(s).		) 	DEFENDANT

TO: Defendants,

The Plaintiff, Area Medical Center, Inc., by and through its undersigned attorneys, hereby requests, pursuant to Rule 34 of the South Carolina Rules of Civil Procedure, that the Defendant produce and permit the Plaintiff to inspect and copy the following documents:

INSTRUCTIONS:

If any request for documents is deemed to call for the production of privileged or immune materials of whatever kind and such privilege or immunity is asserted, identify’ in writing each document so withheld and provide the following information:

(a) The reason for withholding the document;

(b) A statement of the basis for the claim of privilege, work product or other ground of non-disclosure;

(c) A brief description of the document, including the date, the number of pages, the name of its authors or preparers, the name of each person to whom it was sent, the present
custodian and the subject matter of the document;

With respect to any responsive document which was formerly in your possession, custody or control and has been lost, destroyed or is no longer in your possession for any reason, state the type of document, the subject matter of the document, the author, the person to whom it was sent and the date on which the document was lost or destroyed.

REQUEST FOR PRODUCTION OF DOCUMENTS:

  1. Any and all documents identified in response to Plaintiffs Interrogatories numbered 1 through 8.

  2. Any and all medical records, medical reports, and other written documents pertaining to the care, treatment, examination, testing or other observation of the Defendant.

  3. A copy of a current Curriculum Vitae of each and every expert the Defendant intends to call or list as a witness to testify against the Plaintiff concerning Plaintiffs charges.

  4. Any and all other documents or photographs of any type, nature, or description whatsoever not produced in response to any of the preceding requests which the Defendant will rely upon at trial, either for the proof of Defendants’ case or impeachment purposes.

The Plaintiff requests that these documents be made available for inspection and copying at the
offices of the Plaintiffs attorneys at XYZ Street, ____________South Carolina, or at such place as may be mutually agreed upon between the parties at 10:00 A. M. on the thirtieth day after service hereof.

In lieu of production for inspection and copying at the aforesaid time and place, the Defendants’ attorneys may, if they so desire, comply with this request by forwarding legible photo static copies of these documents to the undersigned attorneys at Post Office Box 123, South Carolina 29000 prior to the date and time mentioned above.

Medley & Medley Law Firm P.A.

________________________________
John Doe Deere

SC 29000
Telephone: (864)
Facsimile: (864)
MyTown, South Carolina
Attorneys for Plaintiff
Local Area Medical Center, Inc.

May, 2003

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MOTION TO COMPEL ANSWERS TO INTERROGATORIES
                        
                  
UNITED STATES DISTRICT COURT
DISTRICT OF_______________
________________,	)	CIVIL NO._____________________
   Petitioner           )   	
                        )   	MOTION TO COMPEL ANSWERS TO
vs.         		)              INTERROGATORIES
                        )  
The United States       )
     and                )
_________________,      )
   Respondents          )

TO:______________:

Pursuant to Rule 37 FRCivP, Petitioner moves this court for an order requiring the above-named to answer Interrogatories propounded by Petitioner pursuant to Rule 33 of said rules:

  1. Heretofore, Petitioner filed Interrogatories in this case which were to be answered by the above-named in 30 days or objected to, as the rules required.
  2. The above-named have not answered said interrogatories, made objections thereto, nor made any response whatsoever.
  3. Petitioner moves this court for an order requiring the above-named to answer the Interrogatories heretofore filed, to pay Petitioner his expenses and costs in preparation of this motion, to issue sanctions against Respondents and to admonish their attorney.
  4. The sanctions against Respondents for failure to answer Interrogatories should include:
    1. This Court should order that the questions or designated facts should be taken to be established for the proposes of this action;
    2. This Court should refuse to allow Respondents to oppose Petitioner's designated claim as in the Interrogatories and prohibit Respondent from introducing matters in opposition;
    3. The Court should strike out these parts of Respondents pleadings pertaining to the questions on the Interrogatories and/or refer judgment by default against Respondents.
    4. That Respondent: and their counsel should he held in contempt of Court for failure to obey any orders of this Court

I certify that I mailed on or about this date a copy of this Motion to opposing party.

Date: ______________________ _______________________________
Respondent

Address:___________________
________________________

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Interrogatories-SC pg 1
         
STATE OF SOUTH CAROLINA
IN THE COURT OF COMMON PLEAS
COUNTY OF ANDERSON
 The Evil Corporation; Inc	)	Civil Action No: 2002-CP-04-XXX	
Plaintiff,			)
vs.				)
Mr. Patriot and             	)	FIRST INTERROGATORIES
Mrs. Patriot,               	)	TO PLAINTIFF, The EVIL CORPORATION
Defendants                  	)

FROM: DEFENDANTS Mr. & Mrs. PATRIOT

TO: Plaintiff: The Evil Corporation; Inc YOU WILL PLEASE TAKE NOTICE that pursuant to Rule 33 of the South Carolina Rules of Civil Procedure, you are hereby required to respond fully in writing, and under oath, to the following Interrogatories, and to serve your answer to these Interrogatories upon the undersigned, within thirty (30) days after service of the same upon you, subject to the Definition of Terms and Directions attached hereto as attachment A.

INTERROGATORIES

  1. Give the names and addresses of persons known to the parties or counsel to be witnesses concerning the facts of the case and indicate whether or not written or recorded statements have been taken from the witnesses and indicate who has possession of such statements.
  2. For each person known to the parties or counsel to be a witness concerning the facts of the case, set forth either a summary sufficient to inform the other party of the important facts known to or observed by such witness, or provide a copy of any written or recorded statements taken from such witnesses.
  3. Set forth a list of photographs, plats, sketches or other prepared documents in possession of the party that relate to the claim or defense in the case.
  4. In cases involving personal injury, set forth the names and addresses of all physicians who have treated the party and all hospitals to which the party has been committed in connection with said injuries and also set forth a statement of all medical costs involved.
  5. Set forth an itemized statement of all damages, exclusive of pain and suffering, claimed to have been sustained by the party.
  6. List the names and addresses of any expert witnesses whom the party proposes to use as a witness at the trial of the case as well as said witness~ professional occupation, subject matter in which said expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and the specific grounds on which said expert’s opinion is based.
  7. As to each person the Defendant expects to call as an expert witness at trial, please also state:
    1. Expert’s educational background;
    2. The subject matter or area on which each such person is to testify,
    3. A list of books, treatises, journal articles or other works with which each such person regards as authoritative on the subject matter on which such person is expected to testify.
    4. Identify all exhibits that you plan to use at the trial.
      Each of the above Interrogatories shall be deemed continuing from the time of service until the trial of the case, and any further information obtained by any party to this action shall be promptly submitted to the undersigned.

Date:__________________________________
Mr. Patriot, Attorney Pro se

___________________________________________________________________________

Attachment A: Definitions of Terms and Directions

DEFINITION OF TERMS
The following definitions apply to each of the Interrogatories set forth below, and are deemed to be incorporated in the Interrogatories:
  1. The word person” means all entities, including all individuals, joint owners, companies, partnerships, joint ventures, corporations, trusts and estates.
  2. The word “document(s)” means all written, recorded or graphic matter, whether produced or reproduced or stored on papers, cards or tapes, belts, computer devices, or in the constructive possession, custody or control of you, your officers, directors, agents or employees or which are known by you to exist; and includes originals, all copies of originals, and all prior drafts, including but not limited to the following: writing, papers, correspondence, drafts, notebooks, telegrams, diaries, accounts, invoices, orders, letters, reports, notes, memoranda, manuals, drawings, diagrams, sketches, charts, dictating tapes, the notes or shorthand of secretaries or stenographers or assistants, photographs, negatives, prints, tape or disc recordings, photo records, sound recordings, movie films, doctors’ reports, descriptions, books, checks, bank account records, memos of telephone conversations, and any substance supporting or using the preparation thereof, as well as any other written material.
  3. The word “identify” when used with respect to a person or persons means to state the names, addresses and telephone numbers of such persons or person.
  4. The word “identify” when used with respect to a document or documents, means to describe a document or documents by date, the subject matter, name of persons who wrote, signed, initialed, dictated or otherwise participated in the creation of the same, the name of the addressee or addressees, if any, and the name and addresses of the person(s) who have custody of said documents.
  5. The word “identify”, when used with respect to an act, means to describe the substance of the event or events constituting such act and to state the date when such act occurred, the identity of each and every person or persons participating in such act; the identity of all other persons, if any, present when such act occurred; whether any minutes, notes or memoranda or other recording of such was made; whether such recording now exists; and the identity of the person or persons presently having custody or control of such recording.
  6. “The date” means the exact day, month and year if ascertainable, or if not, the best approximation thereof.

DIRECTIONS

  1. In Answering each Interrogatory:
    1. Identify each writing or document relied upon in the preparation of each answer;
    2. Which forms all or part of the basis for the answer, or
    3. Which corroborates the answer; or
    4. The substance of which forms all or part of the answer.
    5. If all information furnished in answer to all or any part of an Interrogatory is not within the personal knowledge of the affiant, state the name of each person to whom all or any part of the information furnished is a matter of personal knowledge, and the name of each person who communicated to the affiant any part of the information furnished.
    6. If the answer to all or any part of the Interrogatory is not presently known or available, include statement to that effect, furnish the information known as available, and respond to the entire Interrogatory by Supplemental Answer in writing under oath within ten (10) days from the date the entire answer becomes known or available.
    7. These Interrogatories are deemed to continue up until the time of trial.

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Motion To Recuse
        
UNITED STATES TAX COURT
Washington, D.C 20217
ROBERT B. CLARKSON               }   Docket No. 201.59—80
and				 }
FRAN P.	CLARKSON		 }
Petitioner,			 }
V.                               }   Motion to Recuse
COMMISSIONER OF INTERNAL REVENUE }
Respondent,			 }

Petitioner coves that C. Morley Featherston, Chief Judge of this institution before whom certain motions in this case are now pending, and may in the future be placed, recuse himself on the following grounds:

  1. That Featherston has personal bias and prejudice against Mr. Robert B. Clarkson, Petitioner and favors the party, as explained in the accompanying affidavit.
  2. That Featherston purposefully in March of 1977, played a sneak trick personally against Clarkson who then was serving as attorney pro bono.
  3. That Featherston was personal friend of the late Tax Court Judge Queerly, who made a direct and intentional threat against Mr. Clarkson.
  4. That Featherston knows that Clarkson has political and economic Views opposing the Marxist, income tax system to the extent that he represented free, pro bono close to 500 American citizens against IRS tyranny.
  5. That Featherston proceed no further in this ease and another Tax court Judge be reassigned to hear the proceedings, any further motions, and the motion filed herewith.

_________________________
R. B. Clarkson, pro se
Dated: 10 Feb. 80
515 Concord Ave.
Anderson, S. C. 29621
864-225-3061

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Affidavit In Support of Motion To Recuse
         
UNITED STATES TAX COURT
Washington, D.C. 20217
Robert B. Clarkson              )           Docket No. 20159-80
Fran P. Clarkson                )
Petitioner,                     )
v.                              )
Commissioner of Internal Revenue)         Affidavit in Support
Respondent			)         of Motion to Recuse

Petitioner R.B. Clarkson deposes and states under oath:

  1. That he is the Petitioner in this case and that the sayings and doings here below are taken from the best of his memory.
  2. In March 77, in Columbia, S.C. Attorney R.B. Clarkson was representing a client in a special Tax court session. That earlier that month, the regular Tax court had net in Colombia, and Attorney Clarkson had about a dozen cases scheduled for trial. However, tax court ‘Judge” Queerly was scheduled to hear Clarkson's numerous cases; none of which had been settled or compromised; in fact Clarkson had approximately one-half the cases scheduled for trial.

    However, Clarkson moved that Judge Queerly recuse himself because of his prior direct threat against Attorney Clarkson. Judge Queerly, realizing the wrongfulness of his prior actions (described more graphically below), granted the motion and removed himself from Clarkson’ s case.
  3. Consequently, Featherston and his staff flew to Columbia later that month for a special session for Clarkson's cases. However, when Featherston, his clerks, and retainers, plus several IRS Attorneys arrived, Attorney Clarkson, as assistant public defender for his county, was trying criminal cases 40 miles away, and unable to attend the special session.
  4. Later Clarkson did appear, but without his clients who were not notified of this special session.

    Featherston then personally accused in effect Attorney Clarkson of dilatory tactics of actually trying to delay a case. Such false accusations are totally incorrect, malicious, harmful, and serve convincing evidence that Featherston has great personal bias against Clarkson, disregard of Clarkson's duties as public defender; unwillingness to listen to Clarkson's explanation and those of the witnesses who exclaimed the delay.

    Featherston's personally prejudice against Clarkson is great, even to the extent that he would make such a wrongful accusation. Now that the accusation end Clarkson's fervent denials are on record, Featherston is biased and prejudiced against Clarkson personally.
  5. That finally alter several unfortunate postponements, the case was heard, and at the conclusion, Featherston played a dirty, sneaky, low, disgusting, shameful trick on Clarkson.
  6. Prior the case being held, Clarkson had subpoenaed a large number of top-level IRS agents, but due to his huge case load, he had subpoenaed the wrong agent who had a similar name to the one Clarkson needed.

    The correct procedure and human courtesy would have been for the bureaucrat (who later testified that he knew immediately that Attorney Clarkson had made a simple error ) to simply call Clarkson. But no, in typical IRS mentality, the incorrectly subpoenaed agent went directly (against

    Court rules) personally (violation of roles) to Featherston, without notifying opposing counsel.

    Featherston demonstrated his great bias and prejudice against Clarkson, demonstrated his respect for the rules, for fair play, for decency for our system of law, by joining with the agent to trick unsuspecting Clarkson.

    Featherston had only that agent, and none of the numerous others sit in his courtroom for weeks as the case was postponed without even telling Clarkson of the typing error!! Featherston let his hatred, bias, and prejudice against Clarkson override decency, respect for law, and Tax court rules. His zeal to “get” Clarkson was so great that he also abandoned his judicial oath. He is still biased against Clarkson.

    At the closing of the case, alter hearing the evidence supposedly in fair and impartial manner, Featherston announces:
    1. Sanctions against Clarkson both for subpoenaing the incorrect agent, and allowing him to sit there for weeks (now how was Clarkson supposed to know he was there).
    2. That he, Featherston had known about this problem for weeks!! and never corrected Clarkson.
    3. Without allowing Clarkson either notice of the sanction or an opportunity to contest. Featherston just announced his punishment.
  7. Unlike the IRS attorneys, clerks, “judges”, Clarkson was not informed until the agent testified as to his real name.
  8. Featherston abandonment of judicial ethics was so gross that he should not be allowed to sit on any of Clarkson’ s cases or any case - where decency and respect for judicial ethics would be required.
  9. Further, Featherston was a co-hort, co-worker, and friend of Tax court Judge (sic) Queerly. In March l976 Attorney Clarkson represented pro-bono a taxpayer harassed by IRS goons, before Queerly in Columbia, S.C. However, Queerly's conduct in a prior case was shocking, disgusting, horrifying, even worse than Featherston's earlier conduct.

    IN the prior case as Clarkson and his client watched, Queerly told the obviously incompetent IRS attorney to shut up, and then Queerly vigorously cross-examined a taxpayer, badgered the witness, and antagonized the horrified tax attorney.

    When Clarkson's case came up, the young attorney would not allow such, and immediately Clarkson and Queerly became involved in a scurrilous argument. When Clarkson entered into the record his objection to Queerly's outrageous conduct, the overbearing fool shrieked: "I rule against your motions, I find for the government; case dismissed!"

    Without hearing the motions, even starting the case, or allowing Clarkson an opportunity to proceed under objection, Queerly ran out of the room, robe slapping behind him. Queerly's mental defect by then was obvious even to his buddies at the IRS and he was later removed from the bench.
  10. Since Queerly had with typical tax court finesse ruled against Clarkson's client, Clarkson appealed on grounds of Judicial Misconduct; mainly basing his objections on the bases of Queerly's conduct in the case Clarkson only witnessed.

    Without objection of the IRS, which knew the tax court allowed deranged persons to hold court, Clarkson won his appeal!
  11. Unfortunately, Queerly was regulated to the seminar circuit on behalf of the IRS and appeared at the University of South Carolina Law School tax seminar in January 1977. At the end of the speaking, Clarkson happened to be near Queerly and introduced himself. Queerly shouted: "I remember who you are. I'll get you!!"
  12. As before, later in March 1977, Clarkson had Queerly, Featherston's personal friend, to recuse himself from all of Clarkson's cases.
  13. Featherston's action against Clarkson, as indicated above, shows a predisposition and bias, and clearly indicates he has irrevocably made up his mind regarding any issues in this case. His conduct, preserved on the record, creates such an appearance of partiality and bias that any actions in this matter are subject to extreme question.
  14. The tax court has 17 other judges, available to hear and decide these issues and Featherston has a responsibility and duty in light of questions of his partiality to allow another judge to determine the issue.
  15. As a result of Featherston's personal prejudice, and bias and attacks against petitioner, as well as his relationship with Queerly, he should remove himself from any involvement whatsoever from this case.

Date: 10 Feb 81 _________________
Anderson, SC R.B. Clarkson, PRO SE

Sworn to before me this 10th day of February 1981
I certify that this motion is made in good faith.

_______________________________
R.B. Clarkson, PRO SE

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Mailing to the IRS

Freedom Tip
Mailing the IRS

by Sovereign Dave

When sending things to governmental agencies bent on losing things, one needs some form of delivery confirmation. Ideally this is certified mail with return receipt. However is you’re cheap like me, you’ll discover this incurs quite an expense at about $5 per mailing.


With the Automated Computer System at the IRS one can be kept quite busy just with response letters at $5 per pop. However, you need to be aware that certified and return receipt are two different services. The first is the numbered green stick-on label; the second is the green card that gets sent back.


You don’t really need the green card. Just pay the $1.80 for the green label with the numbers. Go down to the post office and pick up a stack of them. Whenever you write a letter put the number for one of the labels on the top of the letter. This way you can track them and keep track of them yourself.


To verify delivery go to the UPS website and click on track and confirm. Enter the number and track the date it was delivered. Print this out if you wish as your receipt.

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You Win or Lose... on Pleadings

Pleadings are the first and most important part of your lawsuit. Do them wrong at the beginning of the lawsuit and(no matter what follows) you lose! Everything begins with the pleadings. That's where the lawsuit starts. Everything that comes afterward then hangs on the pleadings. Pleadings include: Complaints, Answers, Affirmative Defenses, Replies, Counter-claims, Cross-claims, and Third-party Complaints. Each has its own requirements ... easy to learn, disastrous to ignore.

  1. THE COMPLAINT: The plaintiff's first pleading is his complaint. It must state the "elements" of at least one cause of action on which the court can grant relief, or it will be dismissed. Not every wronghas a judicial remedy. Only those wrongs the courts recognize as "causes of action". Don't imagine you can simply"write a letter" to the judge complaining about some wrong and get relief. It doesn't work that way. You must state at least one of the"causes of action" courts recognize. Just complaining "someone done me wrong" won't make the grade.If the plaintiff fails to allege a particular cause of action, and fails to win on his other causes of action, he cannot later bring in the one he left out. "If it ain 't in the pleadings it ain 't in the lawsuit."
  2. THE ANSWER AND AFFIRMATIVE DEFENSES: The defendant's initial pleading is his answer. The defendant must file affirmative defenses (another pleading) at the same time he files his answer, or those defenses may be waived. Depending on the circumstances, he mightalso file a counter-claim, cross-claim, or third-party complaint ... all pleadings.
  3. THE REPLY: If the defendant files affirmative defenses with his answer, the plaintiff should file a "reply" (another pleading) denying the defendant's affirmative defenses to avoid them. Understanding what constitutes effective pleadings is easy. We'll show you how to do it right ... step-by-step. Doing it wrong is the #1 reason people lose! The plaintiff is bound by his pleadings. If he didn't plead it in his complaint, he can't get it in the judgment. He can't file a motion later on and get it. He can't wait until trial and then bring it up. If it isn't part of his pleadings, it isn't part of the lawsuit. Similarly, if thedefendant doesn't deny what the plaintiff says, then it's admitted for all purposes. If the defendant doesn't filehis affirmative defenses withhis answer, then those defenses may be ignored. If you want a jury trial - plaintiff or defendant -you must demand it in your initial pleading, or your later request for a jury may be denied.

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How To File Pleadings In Federal Court

From Clarkson's Law Course

  1. If you are a Tax Patriot, you may find yourself in Federal Court one day. If you have been a real Patriot, not the sunshine variety, you will be filing numerous FOIA-Privacy Act Suits, Civil Rights Suits, and Grand Jury Indictments against the New World Order. In order to do this, you need a few simple instructions.
  2. The instructions herein are general comments on filing procedure in federal court and tax court. Beware, the Clerk's rules vary from district to district and change frequently. State court procedures are similar. Keep in close contact with the Clerk's office, who generally are willing to assist you. If you have a question, do not hesitate to ask them.
  3. The filing requirements for the first papers are considerably different than the subsequent pleadings. The first papers, generally Summons and Complaint or Summons and Petition must be filed with a filing fee of about $100.00. If you live close to a federal courthouse, advisably you should hand carry your first papers so you can familiarize yourself with the procedures. Thereafter, for convenience, just mail them in. Exhibits should be attached to complaint.
    When you mail in your motions, Summary of Authorities, use a cover letter such as the NCR-Forms from Dr. Clarkson. Read instructions on back of pink copy.
  4. Whenever possible, save on filing fee and service cost by filing in forma pauperis. However, to be an indigent, you must have almost no assets and not be working, plus sign an affidavit to that effect. The affidavit must be correct, so be careful here.
  5. You should collect a large quantity of various federal court forms. FREE for the asking. Telephone or write your local federal courthouse and order 25 of the following forms: Civil Summons Form, CIV-1; Acceptance of Service Forms: Marshal Service Form, USM-285; Civil Cover Sheet if used in your district); a form affidavit in support of request to proceed in forma pauper is; Civil Subpoena, DC#1; Civil Subpoena for Documents, DC48; Deposition Subpoena, DC#9; a copy of of local rules, a copy of Federal Rules of Civil Procedure(FRC1vP), plus any other necessary forms or required documents.
  6. Federal courts will sometimes furnish you with a free copy of the local rules. You may or may not need them. However, you definitely need a copy of the Federal Rules of Civil, Criminal, and Appellant Procedures, available from West Publishing Company, 1-800-9352, or free at your local law library.
  7. FRC1vP explains service of process, Rule 4(i) explains special procedure for suing the United States government.
  8. The main and first paper in any lawsuit or pleading is the complaint or petition. In this, the plaintiff or the petitioner states his basic case, the facts thereto. The complaint should be short, sweet and simple. Only one complaint is filed in an action.
  9. Attached to the complaint is the summons. This is the official document issued by the court demanding that the other side file an answer. The Civil Summons Form, available free from the courthouse, can be filled in by the Patriot. Simply fill in the caption (the top portion), then put your name as attorney pro Se, then your address, then the number of days for the government to answer, 60 days in most suits, 30 days for FOlAs. If Patriot is unsure of himself, he can take the Summons, Marshal's Form, et al to the courthouse and the deputy clerks there will fill it out. A filing fee is required when the summons and complaint are filed, but no other fees thereafter.
  10. All parties in a lawsuit or court action are entitled to notice. That means a copy of the pleadings, which is the essence of The Constitutional Right of Due Process. You must serve a copy of the Summons and Complaint on each party in the law suit.
    Service, only on the first papers, is often performed by the U.S. Marshal, who requires a completed copy of their service from, USM 285, and some money. You may pay the Marshal's fee in advance, but generally they will bill you later. No other papers, other than the first papers and subpoenas need to be served by the Marshal. Just mail subsequent pleadings to the Clerk and alt parties by regular, first class mail. Attach a "certificate of service".
  11. Service of process means hand delivering, hand carrying to the actual person named in the lawsuit or to someone of responsible age (over age 14), where he resides or at place of employment. You can just drop off subpoena or summons to IRS officials at any local tax office.
    In some districts, you can request permission from the court to have a friend or private service agent to effect service. However, this request is time-consuming and troublesome which should only be asked for a large number of defendants, of witnesses to be subpoenaed. In other districts, you can have a friend without prior permission effect service.
    The summons process should not be used for harassment, because it is too expensive and the heads of various agencies may never know that process has been served or even that they are even a party to the action. In FOIA suits and suits against the government, the rules require you to serve the U.S. Attorney and other government officials automatically. Take a large number of copies to the courthouse to have stamped prior to service.
  12. The Marshal Service Return should be filled out according to the directions of your local Marshal's office, which vary from area to area. Each person served should have his name on at least one Marshal's form.
  13. After you file your complaint, the government will respond with an answer and various dilatory motions. You do not need to respond to the answer, but some patriots do file a reply in response to the answer. Do not be concerned or frightened by the answer, even though it always disagrees with your complaint.
    The U.S. Attorneys are bullies, thugs, and minions of the New World Order. You can expect dirty, low lying tactics from them. These lackeys will file motions to dismiss or motion for summary judgment against you. You must respond to these with a time limit. See local rules for deadlines.
  14. Subpoenas are just like other pleadings. Fill out, attach USM 285, and deliver or mail to Clerk of Court, or have a private process server do the service.
    However, for federal court subpoenas, you must attach a check for witness fees and mileage. Since most checks are not cashed, use personal checks, not money orders, as money orders could sit in the courthouse for years uncashed.
    Most subpoena forms are presigned by the Clerk of Court. If so, you can complete and carry them directly to U.S. Marshal without going through Clerk of Court or have a friend to serve as agent for process (Rule 4(c)).
  15. Be sure to keep one copy of all pleadings for yourself, preferably two copies in two separate files, in case you lose one. Set up a good filing system and keep it orderly.
  16. Discovery (meaning interrogatories, motion for production of documents, depositions, admissions of fact) is most important. File yours soon after initiating the suit. Samples and ready-to-use forms on discovery are available from
    The Patriot Bookstore, P.O. Box 2368, Anderson

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Interrogatories Explained

INTERROGATORIES
by Robert Clarkson

515 Concord Ave.
Anderson1 SC 29621
864-225-3061

Interrogatories are a list of questions sent by a party in a lawsuit to the opposing party, or any other person with knowledge pertaining to the subject of the suit. Under rules of the various courts, the person who receives the interrogatories must answer them within so many days. Rule 33 of the Federal Rules of Civil Procedure (FRCivP) mandate an answer or an objection within thirty (30) days.

  1. If the Patriot frames his question properly, he can force opposing party to reveal a great deal of information at almost no cost. However, if the questions are not, the opposing party must spend a great deal of time and effort to furnish the information, costing the litigant time and money.
  2. Unlike depositions which must be scheduled and then typed, interrogatories are relatively swift and sure. Also, Interrogatories are precise; the answers are definite and the recipient cannot be easily weaseled out of them later as the Interrogatory must sign them. Since they are directed to a particular person, the Bureaucratic run-around can be lessened. Answers to Interrogatories, in fact, speak for the government agency.
  3. Interrogatories are an important part of DISCOVERY, ie. where parties in a lawsuit seek to learn the rules of court and about the opposing side and witnesses prior to the trial. The Discovery process includes: (1) Deposition, (2) Admission of facts and admission of documents, (3) Interrogatories, and (4) Production of documents.
  4. However, Interrogatories do have some problems in that one receives a lawyer's answer, carefully coined and screened, phrased in the least helpful and harmful terms possible. Unlike a deposition, an answer to an Interrogatory can be evaded without a sharp follow-up question, and also can tip off the opposing party to one's line of approach. Also, the recipient of an unsatisfactory or evasive answer is stuck without opportunity of a fast follow-up.
  5. Drafting Interrogatories is not hard at all if one remembers the KISS principal: Keep it short, simple. Word your questions narrowly, on point, relevant to the issues involved. Do not ask senseless questions or your opponent will use them against you as an excuse to delay or move for a protective order.
  6. Expect the government attorneys to violate the law, to use evasive and useless answers. You may end up in Court on the Interrogatories, so do some research.
  7. Do not use interrogatories as a harassment weapon until you have all the information you want. Courts can easily see during a Protective Order hearing the real purpose of your questions. If you have irrelevant materials in with solid questions, the Court may throw them all out. Stick to the issues until you get the information you need. Then if you want proceed with harassment, delay9
  8. Refusal to answer Interrogatories is an excellent dilatory tactic which the government will use at great length, especially in FOIA suits. Therefore, normally one would not use an interrogatory when he is in a hurry to resolve the suit in more FOIA-Privacy Act Litigations.
  9. You file Interrogatories like any other pleading, according to local rules. See Clarkson's "How to File Pleadings , Law Course #7, insert to Patriot Cannon, October 80. PLUS, you apparently need to send one copy of the Interrogatories to the person or agency to whom it is addressed.

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How To Draft Interrogatories
  1. Make each interrogatory TO THE POINT.

  2. Read your complaint, pull out what points of law need to be proven; what facts are needed to back up your allegations. Draw a list of salient points, legal issues, allegations, legal complaints, needed facts. The examine each of these and draw from each of these the facts or happening which would lead to the salient point, i.e. the proof to lead up to conclusion.

  3. After listing these needs, draw questions from them, frame interrogatory to meet certain needs, i.e. rewrite the factual statement in form of a question. Draw questions which would lead to answers to prove points of law.

  4. As Cooley says: "Stay On Point!"

    Draft questions on point, to illicit a certain answer to confirm a fact, to dispose of an unknown. The questions should all head toward a salient issue.

  5. Examine all pleading in your case, opponent's answer, then the material court decision and pick out issues, disputed areas and again pull out questions - interrogatories which would lead to useful answers.

  6. Make each interrogatory meaningful, relevant, and material. Do not waste your time sending in ridiculous, non-sensitive discovery. You will only grieve the judge and infer that you either did not know what you are doing or have filed an harassing, vexatious complaint.

  7. Protective orders, i.e. judicial order halting discovery are easily obtained by government attorney from his buddy - the judge.

    So why mess up good elicitations with irrelevant ones? Draw good ones first. Then, after you have the needed and essential information, if you want to file the harassment discovery, do so later. Do not mix the good with the bad, or the DA in the black robe will squash all of them; even ones that might have survived a protective motion had they been standing on their own.

  8. Actually, you would be wasting your time and energy sending in foolish questions. Best: do good work and be consistent.

    Do not try to use courts and lawsuits for harassments; the establishment has methods to forestall that - so you are only wasting your own time ruining your chances later if you have a legitimate claim. Better methods of egg-throwing are available.

    Interrogatories are a list of questions sent by a party in a lawsuit to the opposing party. or any other person with knowledge pertaining to the subject of the suit. Under rules of the various courts, the person who receives the interrogatories must answer them within so many days. Rule 33 of the Federal Rules of Civil Procedure (FRCivP) mandate an answer or an objection within thirty (30) days.

  9. If the Patriot frames his question properly, he can force opposing party to reveal a great deal of information at almost no cost. However, if the questions are not framed properly and request irrelevant materials and overbroad question, the opposing party is entitle to a protective order squashing the Interrogatories.

  10. In any event, Interrogatories save the litigant time and money. The only costs to the requestor is postage. However, the opposing party must spend a great deal of time and effort to furnish the information.

  11. Unlike depositions which must be scheduled and then typed, Interrogatories are relatively swift and sure. Also, Interrogatories are precise; the answers are definite and the precipitant cannot be easily weaseled out of them later as the Interrogatory must sign them. Since they are directed to a particular person, the Bureaucratic run-around can be lessened. Answers to Interrogatories, in fact, speak for the government agency.

  12. Interrogatories are an important part of DISCOVERY, ie. where parties in a lawsuit seek to learn the rules of court and about the opposing side and witnesses prior to the trial, The Discovery process includes: (1) Deposition, (2) Admission of facts and admission of documents, (3) Interrogatories, and (4) Production of documents.

  13. However, Interrogatories do have some problems in that one receives a lawyers answer, carefully coined and screened, phrased in the least helpful and harmful terms possible. Unlike a deposition, an answer to an Interrogatory can be evaded without a sharp follow-up question, and also can tip off the opposing party to one's line of approach. Also, the recipient of an unsatisfactory or evasive answer is stuck without opportunity of a fast follow-up.

  14. Drafting Interrogatories is not hard at all if one remembers the KISS principal:

    Keep it short, simple. Word your questions narrowly, on point, relevant to the issues involved. Do not ask senseless questions or your opponent will use them against you as an excuse to delay or move for a protective order.

    Expect the government attorneys to violate the law, to use evasive and useless answers. You may end up in Court on the Interrogatories, so do some research.

  15. Do not use Interrogatories as a harassment weapon until you have all the information you want. Courts can easily see during a Protective Order hearing the real purpose of your questions. If you have irrelevant materials in with solid questions, the Court may throw them all out. Stick to the issues until you get the information you need. Then if you want, proceed with harassment, delay,

    Refusal to answer Interrogatories is an excellent dilatory tactic which the government will use at great length, especially in FOIA suits. Therefore, normally one would not use an Interrogatory when he is in a hurry to resolve the suit in more FOIA-Privacy Act Litigations.

  16. You file Interrogatories like any other pleading, according to local rules. See Clarkson's "How to File Pleadings , Law Course #7; PLUS, you apparently need to send one copy of the Interrogatories to the The person or agency to whom it is addressed!
Clarkson's Law Course # 10
Patriot Law Reporter

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Informal Discovery

From:________________________
_____________________________

To:
U S Attorney
Attn: AUSA
US Courthouse

Re:_____________________________________

Dear Government Attorney:

  1. Pursuant to Rule 26a)(1) FRCP, I hereby provide the other parties the following information:
    1. Plaintiff does not know any person who has discoverable information relevant to disputed facts, except employees and agents of defendants and these are known to defendant and
      This is an FOIA action, defendants have all of the discoverable information and Plaintiff has little or none.
    2. FOIA Plaintiff does not have any documents or things relevant to disputed facts, except those of the defendant and those are know to defendant.
    3. Plaintiff has no computation of damages.
    4. Plaintiff has no insurance agreements pertaining to this case.
      1. Plaintiff has no witnesses, expert or otherwise.
      2. Plaintiff has no experts or statement of experts.
      3. Plaintiff does not expect to have any more information in this case, but will send to defendants if such becomes available.
  2. (A)(B)&(C) Plaintiff has no witnesses, evidence or documents (except those released by defendants) or exhibits except those attached to the complaint or addendum to complaint and these have been filed in Court already.
  3. Pursuant to Rule 26(d) & (f), I request that you meet with me within 14 days after the date of this letter at 10 am at my address above or to discuss the nature of the claims, discovery, settlements, etc. If you are not at that place at that time, or make suitable arrangements, then I will proceed with discovery in the normal manner.


Date: _____________ Yours,
______________________

Rule 26 letter

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CIVIL PROCEDURE: HOW TO APPEAL IN FEDERAL COURT
CLARKSON LAW COURSE (#14)

Occasionally the freedom fighter, battling the enemy in court as attorney pro se, will lose round one in that the IRS minion calling himself a Judge will rule against the litigant. Therefore, the true descendant of George Washington, Thomas Jefferson, et al needs to take the case further, to appeal to a higher court.

  1. Notice: Within the proper time limits start the appeal process by filing your Notice of Appeal. Be sure to meet the time requirements, generally 10 days but 30 days in Federal Civil cases. Read carefully Rule #4 FRAP (Federal Rules Appellant Procedure) and/or local rules.
    Remember, the requirements and tine limits differ in different courts and then change frequently. Write the appropriate court and ask.
    Appellant (one who appeals) must notify the court of his intention to appeal (see sample in any Clarkson packet or FORM #1, FRAP), and copies of the pleading as usual, must be sent all parties (see "How To File Pleading's Clarkson Law Course #8)and so certified to the Clerk of Court. Due Process, a Constitutional requirement, means Notice of filing to be sent to all parties in a law suit.

  2. Assistance: Litigants are encouraged to stay in regular contact with the Clerk's office on procedural matters. The lady folks there will be delighted to help you - just call or visit and ask.
    The Clerk's office will have a specialist, a deputy clerk called the Appeals Clerk, who handles all the appeals, knows all the ropes and is there to assist you. Call or visit. Plus many knowledgeable Patriots can help you. If you are a member of The Patriot Network, contact your local advisor, or National Advisor Robert Clarkson at 863-225-3061.

  3. Rules and Forms: All the courts have a multitude of sticky points and requirements constantly changing and trapping the unwary. Write the Clerk of for both the District Court and the Appeals Court and request a copy of:
    1. The Federal Rule of Appellant (or Civil or Criminal) Procedure. For years these were furnished free. Try it.
    2. local Rules: Each court has their own pitfalls, called "local rules . Request a copy, generally free.
    3. Forms, notices, etc.
  4. A copy of the FRCivP (Federal Rules of Civil Procedure) and the FRAP can be purchased from any law bookstore found in major cities or from The Patriot Bookstore, P0 Box 17001, Greenville, SC 29607 ($16).

  5. The Record and The Transcript: The rules require you to "order the record from the Clerk of the lower court. Call the appeals clerks, see what all this entails and then do so. Order the transcript directly from the Court Reporter (address from clerk of court) after contacting him or her about the cost. Purchasing the transcript is voluntary - you do not need one on appeal. The court stenographer will require you to pay for the typing in advance.

  6. Cost: In Federal Court, filing on appeal cost about $70 unless you are indigent, i.e. less than $2,000 in assets, no real estate, no bank account and compensation less than $200-$300 per month. Try to appeal en forma pauperis; simply fill out the form, furnished free by the Clerk's office. If you have assets and wages, take the 5th on those questions.

    The worst the stooge can do is deny your request and you can appeal that. Do not tell fibs - take the Fifth. If lower court denies you indigency petition or refusal to furnish financial information, appeal to higher courts.

    Your time to submit the brief, generally 45 days, beginning when you receive the transcript. Lawyer Delay says to draw out that procedure.

  7. Stay: Those who appeal generally received an unfavorable decision below thusly the effect needs to be halted or stayed until the appeal process is complete.

    Stays of execution of the decision are almost always granted, provided an appeal bond is posted. In civil cases as tax court, a bond in cash or government securities must be posted, except for an interlocutory appeal.

    If you must post bond, use U.S. Treasury notes, signed over to the Clerk of Court, not cash which does not draw interest as the years go by. Best to have a "strawman," friendly third party to post the bond so it cannot be seized by other claimants against you. Paupers do not need to post security.

    For a stay to prevent the decision from being immediately carried out, request one from the lower court judge via a "Petition for Stay ". See Clarkson packets for sample.

  8. The Brief: Eventually your dilatory tactics have all been used up and you must submit your Appellant brief. The Appeals Court will issue you a "briefing schedule", giving you dates and deadlines. Meet them - even if the government attorneys ignores them like the other rules.

    If you need help, the Court of Appeals assigns frequently one law clerk or secretary as case manager for each case. Find out if they did and who that may be and call upon for procedural assistance.

    Writing your brief is really simple. Find some old ones to read, do so and pick up the style. When researching, you may find a case very similar to your issues, if so write the Clerk of Court for that particular appeals court and request a copy of the appellant's brief. See Brief Request Letter on Page 4.

    Whether the decision is for or against your case is immaterial, as the appeals brief will advocate your position. The Network has a brief bank, a file of old briefs, for the use of members.

    Typing: The FRAP requires certain color binders, size paper, margins, type styles, etc. However, the brief can be typed and copies on a bond copy machine. Purchase appropriate color folders at any office supply store. File the number of briefs required, send the U.S. tacky Attorney his and keep many for yourself.

    Brief consists of Title pane, Table of Contents and Citations; Statement of the Case, i.e. dates, times and people, the history; Statement of Relevant Facts, i.e. facts which you wish to rely upon Argument your legal position, precedents and citations. Generally, you file an Appendix separately, i.e. copy of transcripts, motions, exhibits, decisions all bound together. The Appendix can be expensive but not necessary in all cases.

  9. Request oral argument - an excellent stalling tactic. Arrive early so you can watch some lawyers to see how its done. You want to "argue your case". By argue, we do not mean bicker, like little children, but set forth your position with vigor, passionately, wisely, carefully.

    You will have so many minutes and the clerk will show you the warning and the ending lights. If your case is placed on the summary calendar, incidentally, contest that - move for oral argument, setting forth good grounds, i.e. important case. FRAP Rule 27 outlines motion procedure.

  10. Post Appeal Relief: If the appeals court rules the wrong way, you can request for 2-3 months and petition the U.S. Supreme Court for a Writ of Certiorari. However, the time to file these is limited - so begin preparation early. Your case will not initially be heard by the full appeals court, i.e. 15-20 Appellant justices, but before a "Panel" of three judges. However, when you petition for a rehearing, you can also request a rehearing en blanc i e. before the full court. This is unpopular now and seldom granted unless the stooges themselves request it.
-----------------------------copy-----print-----form-----------------------------------------

To: Clerk of Court ____________ From: ______________________
U. S. Court of Appeals ___________________________
Re: __________________________

Gentlemen:

I have a case which I will soon be appealing to your court, as attorney pro se. Since I am not an experienced litigant, could you please advise me of your current procedures.

Please send me:

  1. Copy of Local Rules
  2. Copy of Federal Rules of Appellant Procedure
  3. Copy of an Appellant's Brief that I can look at and also a Petition for Rehearing.
  4. Any other forms or information I might need.

Yours,
_________________________
Date:_____________________

---------------------copy--------------print-------fo-----------------------------------------copy-----print-----form-----------------------------------------

To: Clerk of Court ____________ From: _____________________________

To: Clerk of Court
U.S. Court of Appeals for
The_____________Circuit

_____________________________________________________________
Re: Case of _____________________________________________________
Cite:_________________ F 2d______________(19)


Dear Honorable Clerk:

I am representing myself as attorney pro se in a case almost identical to the case above-mentioned. I am now or will be preparing a brief in my case and I need a little assistance.

I need a copy of a brief as a guide, as a model, so that I might prepare my brief to the specifications of the Federal Appeals Court; follow the correct procedures and see how an experienced attorney has written a brief on a case similar to mine.

Could you send me a copy of the brief of the Appellant or ____________________ in the ----------------------------------------copy------print------form----------------------------------------
FROM: l me now and I will remit promptly.

I read this case in the Federal Reporter and noticed that this case was decided on _________________________ and was listed in your Court as docket #


Yours,
__________________________
Date:______________________
Form: Brief Request Letter

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Notice Of Appeal
UNITED STATES DISTRICT COURT
______DISTRICT OF______
____________________      )
Petitioner                )   CIVIL ACTION NO. _______
                          )                   
  vs.                     )    NOTICE OF APPEAL 
                          )             
____________________      )
Respondents

Notice is hereby given that Petitioner above-named hereby appeals to the United States Court of Appeals for the _________Circuit, from the order dated __________ from the Honorable________________________________ U.S. District Judge for the above District, which denied Petitioner damages under illegal tax collection act IRC § 7433.

CERTIFICATE OF SERVICE: I hereby certify that on this date I sent to opposing counsel a copy of this pleading, postage prepaid and properly addressed.
_______________________________          Date: ___________________ 
Petitioner, Pro Se
				
Address:_______________________
        _______________________

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Order For Stay Pending Appeal
UNITED STATES DISTRICT COURT
DISTRICT OF___________________
Petitioner              ) CIVIL NO._________
vs.                     ) ORDER FOR STAY PENDING APPEAL
The United States and   )
____________________    )
Respondents             )

This matter comes before me, upon request of Petitioner for a stay pending appeal of the Order of the District Court which required third-party record keepers to deliver records and papers to the Internal Revenue Service.


I find that Petitioner's rights would be violated unless a stay is granted.
Upon consideration,


IT IS ORDERED, that a stay be, and the same is hereby granted, pending the hearing and determination of the appeal, or until further order of the Court.
_____________________
United States District Judge


Date:_________________________

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The Law on Recusal of a Judge

Federal law requires the automatic disqualification of a Federal judge under certain circumstances.

In 1994, the U.S. Supreme Court held that "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. If a judge's attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified." [Emphasis added]. Liteky v. U.S. , 114 S.Ct. 1147, 1162 (1994).

Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) "is directed against the appearance of partiality, whether or not the judge is actually biased.") ("Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.").

That Court also stated that Section 455(a) "requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice."

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