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    hc1 Procedure

    Uploaded by

    El-Seti Anu Ali El

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd

    hc1 Procedure

    Uploaded by

    El-Seti Anu Ali El
    103 views2 pages

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    hc1-procedure

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    103 views2 pages

    hc1 Procedure

    Uploaded by

    El-Seti Anu Ali El

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    of 2

    Your comments are invited.

    Here is a rough framework of a habeas corpus. It is based upon the principles


    suggested at http://www.1215.org

    There are lots of different ways to structure a habeas corpus. It all depends upon
    what parties are involved and what the situation is. In this example it is assumed
    that one sovereign is coming to the aid of another sovereign who is incarcerated and
    not able to act for himself.

    When composing a habeas corpus, the group should get together and discuss and critique
    it. No one person can remember every detail from the seminars. But, in a group there
    is a tendency for there always being someone who remembers what another forgets, so
    that the "group mind" effectively has total recall to aid in utilizing everything
    needed.

    One barrier that everyone will have a lot of trouble with: remembering your
    sovereignty. Intellectual knowledge is one thing. But it is quite another to
    actually internalize it. Personal sovereignty is as much an attitude as it is a
    status. You should no more tolerate a challenge to your sovereignty than would a 15th
    century king tolerate anyone entering his castle uninvited. The tool of choice for
    enforcing sovereignty is 8.5x11 sheets of paper containing objections, writs of error
    coram nobis, and prosecutions for contempts of your court. You should have an example
    of that on the CD given out at the seminar, or you can access the example at

    http://www.1215.org
    click on EXAMPLE

    The attached papers are in legacy RTF format. That means that you should be able to
    use The files with most word processors that are less than five years old. This file
    set consists of four files. They are:

    hc1-procedure.rtf = a brief outline of the steps


    hc2-petition.rtf = the actual petition
    hc3-attachment-a.rtf = petition attachment (law decree)
    hc4-writ.rtf = the writ from your court to the custodian

    =========================================================================

    ROUGH OVERVIEW OF HABEAS CORPUS PROCEDURE

    Create the following papers:


    Petition for writ of habeas corpus (verified)
    Writ of habeas corpus/order to show cause
    File papers; if possible, set hearing date to be 8 days later
    Serve papers same day as filed; if clerk refuses, then "FILE ON DEMAND"
    After serving, file proof of service (so the court knows who got a copy)
    In addition to the custodian, serve a copy on the
    state deputy attorney general or city attorney
    On 4th calendar day, check the docket to see whether the return is filed
    If return has been filed
    Prepare verified denial and further allegations re the return.
    File the denial/allegations and serve a copy on same persons you
    previously served.
    On hearing date, if judge attempts to make any rulings, don't worry.
    All you need to do is object. If the judge wants to know why you object,
    explain that it is your wish. Don't talk any more than you have to.
    After the hearing you can issue whatever writs of error necessary to
    correct the judge. Remember, the judge is the "mirror" of the
    sovereign and must execute your wishes.
    Depending upon the situation you may need to accuse the judge of contempt of your
    court, or you could file a new suit against the judge/state in federal court. Title 18,
    USC 241 (conspiracy/deprivation against rights under color of law), 242, and 1509
    (obstruction of court orders) are possibilities.

    ==================================================

    This example of a habeas corpus is just one of many possible formats. Basically, you
    should review carefully the federal and state statutes. Even though statutes don't apply
    in a court of record, it is good to be educated about the relevant statutes so that you
    have the correct mindset and thus keep a good image as you proceed. Your papers and
    proceedings should mimic the statutory process so long as it does not undermine your
    sovereign capacity.

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