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 # # #
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Arizona v. Wallen