Janet Mary, Wallen, Sui Juris Arizona state Citizen c/o General Delivery Amado, Arizona state zip code exempt In Propria Persona By Special Appearance IN THE JUSTICE COURT FOR THE COUNTY OF PIMA STATE OF ARIZONA, ) Case No. 96-CR-19-MI ) Plaintiff in Admiralty ) NOTICE OF APPEARANCE ) v. ) IN WRITING ) Janet Mary, Wallen, ) ) Defendant at Law ) _____________________________) COMES NOW the Accused, Janet Mary, Wallen, Sui Juris, a Citizen of Arizona state, appearing not generally but specially In Propria Persona, to declare as follows: 1. Based upon the grounds set forth herein, I make my special appearance in writing, pursuant to the above captioned and alleged cause. "The word 'appearance' means in law the coming into court of the party summoned in an action, either by himself or by his attorney, and there are several different kinds and methods of appearance." In Re: Cool's Estate, 18 A.2d 714, 716, 19 N.J.Misc. 236. 2. It is notoriously known that an appearance need not be made in Person. An appearance by counsel, or in writing, is just as valid as an appearance in Person. For example: Notice of Appearance in Writing: page 1 of 2 "Where a paper, which has been voluntarily executed by the defendants in a suit pending and therein filed, contains a recital, 'we hereby make our appearance to said cause', such phrase signifies that they make an appearance for every necessary purpose of the cause." Mutual National Bank of New Orleans v. Moore, 24 S. 304, 306 "While every 'answer' constitutes an 'appearance', the converse is not true." Rio Del Mar Country Club v. Superior Court, Santa Cruz County, 190 P.2d 295, 300. 3. In agreement with the cited case law, I hereby make an "Appearance De Bene Esse": "De Bene Esse ... conditionally; provisionally; in anticipation of future need. A phrase applied to proceedings which are taken ex parte or provisionally and are allowed to stand as well done for the present." Black's Law Dictionary, 5th edition. "An 'appearance de bene esse' is designed to permit a party to a proceeding to refuse to submit his person to the jurisdiction of the court unless it is finally determined that he has forever waived that right." Farmers Trust Co. v. Alexander, 6 A.2d 262, 265 4. An "appearance de bene esse" is therefore a Special Appearance designed to allow the Accused to meet and discharge the contractual requirement of making an appearance, and at the same time, to refuse to submit Herself to the Jurisdiction of any alleged Plaintiff, hence of the Court, unless and until some judicial department Prosecutor makes all disclosures, specifically by producing a Complaint of damage and/or injury, signed and verified by the injured party. Dated: March 15, 1996 Respectfully submitted, /S/ Janet Mary Wallen Janet Mary, Wallen, Sui Juris Citizen of Arizona All Rights Reserved without Prejudice Notice of Appearance in Writing: page 2 of 2 # # #
Return to Table of Contents for
Arizona v. Wallen