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
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Arizona v. Wallen