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 AND DEMAND FOR
)
v. ) PROOF OF JURISDICTION
)
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 present this Her formal Notice and Demand for
written proof of jurisdiction over Her Proper Person and over the
subject matter in the above entitled case.
Such written proof must be filed in the official Court
record for this case, and it must also be properly served on the
Accused at the lawful mailing location shown at the upper left-
hand corner of this Notice and Demand for Proof of Jurisdiction,
in order to be valid and acceptable. The Accused explicitly
reserves her fundamental Right to rebut any and all allegations
stated in the required written proof of jurisdiction.
Notice and Demand for Proof of Jurisdiction:
page 1 of 2
"The law requires proof of jurisdiction to appear on the
record of the administrative agency and all administrative
proceedings." Hagans v. Lavine, 415 U.S. 533. "Therefore, it is
necessary that the record present the fact establishing the
jurisdiction of the tribunal." Lowe v. Alexander, 15 C 296,
People v. Board of Delegates of S.F. Fire Dept., 14 C 479.
Where jurisdiction is denied and squarely challenged,
jurisdiction cannot be assumed to exist "sub silentio" but must
be proven. Hagans v. Lavine, 415 U.S. 528, 533, n. 5; Monell v.
N.Y., 436 U.S. 633. Mere "good faith" assertions of power and
authority (jurisdiction) have been abolished. Owen v. Indiana,
445 U.S. 622; Butz v. Economou, 438 U.S. 478; Bivens v. 6
Unknown Agents, 403 U.S. 388.
"It is an elementary rule of pleading, that a plea to the
jurisdiction is the first in the order of pleading, and that any
plea which refers to the court any other question, is a tacit
admission that the court has a right to judge the cause, and is a
waiver to all exceptions to the jurisdiction." Birty v. Logan, 6
Bush Ky. 8.
Until such time as written proof of jurisdiction is
demonstrated and filed in the Court record of this case, the
Accused shall be entitled to the conclusive presumption that
lawful jurisdiction is lacking In Personam and In Rem.
Dated: March 15, 1996
Respectfully submitted,
/s/ Janet Mary Wallen
Janet Mary, Wallen, Sui Juris
Arizona state Citizen
All Rights Reserved without Prejudice
Notice and Demand for Proof of Jurisdiction:
page 2 of 2
# # #
Return to Table of Contents for
Arizona v. Wallen