«Court»

«Petioner», Petitioner, vs.  «Respondent_Agent», «RA_Title» for for «Respondent», Respondent 	 CAUSE No «Cause_No»  WRIT OF HABEAS CORPUS HABEAS CORPUS AND NOTICE OF HEARING 	

TO:  «Respondent_Agent» For «Respondent» Respondent.

YOU ARE HEREBY COMMANDED under this WRIT OF HABEAS CORPUS to appear before the above Court on the 

____________ day of _____________, 1997, at, ________o'clock, 

in the Presiding Department, or such other department to which the matter may then be assigned, located at the _____________ County Courthouse, room ____________, and, petitioner will be present at the hearing. If the Petitioner is in the physical custody of the Respondent, the Respondent will produce the Petitioner at said hearing.

.You are commanded under this WRIT OF HABEAS CORPUS to there and then produce and disclose the body (corpus) of the injured/damaged party, the jurisdiction, legal authority and the nature and cause of the Petitioners restraint by answering the questions attached hereto this writ.

.You are commanded under this WRIT OF HABEAS CORPUS that all attached questions must be answered under penalty of perjury as true, correct, and complete. Failure to certify the answers thereto in this manner will be deemed as a non response to the questions. A non responsive answer to any question set forth herein will be deemed a non responsive answer to all questions.

.You are commanded under this WRIT OF HABEAS CORPUS,  that if for any reason(s), the disclosure, and/or release, of any information demanded under this writ is exempt under statutory authority of the PRIVACY ACT, YOU ARE COMMANDED to state the applicable statutory authority said information can be disclosed, and/or released.

.The court, should the Respondent fail or refuse to provide a true sworn, accurate and complete answer under penalty of perjury under the laws of the United States of America, to the attached questions hereto forthwith, shall be construed as a failure to prosecute, a request to dismiss, and constructive intent by the Respondent to enter a nolle prosequi by tacti procuration.

.The court, will  order the immediate release and discharge of Petitioner from the Respondents restraint if such restraint is found to be without cause and unlawful, and,

.The court, will order the immediate release and discharge of Petitioner from the Respondents action filed in «R_Court» under cause no. «R_Cause_No» if such restraint is found to be without cause and unlawful

WITNESS my hand and official seal this ________day of ________________, 1997.

CLERK OF THE SUPERIOR COURT 

__________________________________________

By ________________________________________
                           Deputy Clerk 

Submitted this the _______ day of the ________ month of _________.

______________________________________
by: «Petioner», Petitioner

Questions to Determine the Jurisdiction, Authority and the Nature and Cause of the Respondent's Restraint of the Petitioner's Liberties

PARTIES IN INTEREST

.Is the true and correct spelling of the Petitioner's (appellation in upper and lower case).«Petioner»? 

.Was there an affidavit of truth or other instrument filed within the action in which Petitioner spelled the Petitioner's appellation?

.Is the true and correct spelling of the Defendants appellation on the Respondent's action (Appellation in all upper case) «Statutory_Appilation»?.

.Was the Respondent aware of the true and correct spelling of the Petitioner's appellation when the original action of the Respondent was filed in «R_Court» ?

.If the answer to question #4 is yes. Is it not the duty and obligation of the Respondent to prevent or correct such error that would prejudice the rights of the Petitioner by disclosing the fact that the Petitioner was not properly named as a party in Respondents action to the Petitioner as well as the court?

.If the answer to question #4 is yes.  Did the Respondent ever notice the Petitioner, or the court that the Petitioner was not properly named as a party in the Respondents original Complaint?

.Was the spelling of Defendant's appellation ever rebutted by Respondent?

.Is an un rebutted affidavit admissible as evidence in a court of law?

9.Did the Respondent name the Petitioner in the Respondents action as required by F.R.C.P. 10(a)?

10.Did the Respondent serve the Petitioner by process as required by F.R.C.P. 4 and 5?

11.Did the Respondent lawfully join the Petitioner to the Respondent's action under cause number «Cause_No» as required be F.R.C.P. 19?

12.Did the Respondent lawfully join the Petitioner as a voluntary substitute for the named Defendant as required by F.R.C.P. 17(a) before moving forward with the Respondent's action under cause number «R_Cause_No»?

13.If the answer to questions #9, 10, 11, and 12 is yes, Petitioner demands that the Respondent produce a true certified copy of said documents bearing the bona-fide signature of the Petitioner.

14.If the answer to questions #9, 10, 11 and 12 is no, by what authority does the Respondent aver that the Respondent has any authority or jurisdiction to join the Petitioner to the Respondents action under cause number «R_Cause_No» involuntarily?

.Do the terms State Resident and State Citizen mean artificial entity established under the legislative authority of the state?

.If the answer to question #15 is yes, do the safeguards of the Bill of Rights as amended to the Constitution of the United States of America extend to a State Resident and/or State Citizen?

.Is the Petitioner a State Resident and State Citizen?

.If the answer to question #17 is yes, what fact and statute define "person" as used in this proceeding are relied upon to make a positive affirmation thereto?

.Is the Petitioner a statutory person?

.If the answer to question #19 is yes, what fact and statute define "person" as used in this proceeding are relied upon to make a positive affirmation thereto?

.Is the Petitioner a citizen of the United States of America?

.Does the Tribunal and the Respondent recognize that Petitioner has unalienable rights to which the Petitioner is entitled in the process and procedures set forth in the matter of the Respondent's action?

.If the answer to question #22 is yes, does this tribunal recognize its duty and obligation to be bound by the Constitution and Laws of the United States of America as Supreme Law and render any provision of the Constitution or Law of the Republic of «P_State» a nullity if it conflicts with the Constitution and Laws of the United States of America and prevent the enforcement of any law of the Republic of «P_State» or law of the premise of the legislative/venue jurisdiction of the STATE OF «STATUTORY_STATE» that would abridge the inherent rights of the Petitioner?

.Did Petitioner ever voluntarily answer the Respondent's action?

.Is the Petitioner entitled by law to effective assistance of counsel?

.Does the Petitioner herein have a right to unfettered counsel of choice (without said counsel being a bar approved attorney) to act in their stead for them in the proceedings before the tribunal?

.If the answer to question # 26 is no. On what Constitutional or legislative authority is this limitation to choice of counsel based?

.Is the Petitioner's choice of assistance of counsel limited to a member of the Washington State Bar?

29.Does WSL 1933 c 94 § 2; codified in RCW 2-48-010 provide to wit ?:
"There is hereby created as an agency of the state, for the purpose and within the powers herein set forth, as association to be known as the Washington State Bar Association, hereinafter designated as the state bar...."

.Is the Bar association of «P_State» also referred to as The State Bar?

.If the answer to question #29 is yes. Is the State Bar an agency of the STATE OF «STATUTORY_STATE»?.

.If the answer to question #30 is yes.  Are all members of the State Bar required to swear or affirm in writing to uphold the Constitution and Laws of the United States of America and the Republic of Washington?

.Are members of the State Bar required under obligation of oath to prevent or correct any act or omission that would abridge the rights of the Petitioner? If the answer is yes, are members of the State Bar who knowingly fail or neglect to render a nullity, any «P_State» state constitution provision or law that conflicts with the Constitution and Laws of the United States of America or prevent the enforcement of any «P_State» State law that would abridge the inherent rights privileges or immunities of the Petitioner, subject said member under the law, to damages suffered by the Petitioner, due to said members failure or neglect?

.Are all members of the state bar agents of the STATE OF «STATUTORY_STATE»?

.Is the state bar currently providing assistance of counsel to the Plaintiff through a member of the state bar?

36.Is it a conflict of interest for an agent of the state bar of the STATE OF «STATUTORY_STATE» to also represent the interest of the Defendant in an action where the STATE OF «STATUTORY_STATE» is the appoising  party?

37.If the Answer to question #35 is yes. Can the STATE OF «STATUTORY_STATE», compel a member of the state bar to involuntarily provide assistance of counsel to the Defendant while being an agent for the STATE OF «STATUTORY_STATE» and thus violate their oath of office and code of ethics?

.If the answer to question #36 is yes, can the  STATE OF WASHINGTON fulfill it's obligation to insure effective counsel in a civil procedure requiring that the state agency known as the state bar provide assistance of counsel to both the Plaintiff and named Defendant?

39.If the answer to question #38 is yes, is the Petitioner entitled to be discharged from the Respondent's action and restraint due to the Petitioner being deprived of the right to effective counsel?

40.Is the American Bar Association and the «P_State» Bar Association organized under the authority of the Crown of England?

.Is the American Bar Association and the «P_State» Bar Association operating as agents of the Bank of England or any other bank financial institution, or commercial process to collect a private debt for the creditors of the UNITED STATES in bankruptcy under international law?

.Is the Petitioner a real party in interest in the Respondent's action?

.If the answer to question #42 is no, is the Petitioner entitled to be discharged from the Respondent's action as a non-party, insufficient service and process and failure to join parties under civil rule 4; 5; 10(a); 12(b)(2)(4)(5)(7); 17(a); 19?

VENUE

1.What is the venue of the tribunal in which the action is filed? 
B:Is the tribunal in the premises of the people's jurisdictional/venue of the Republic of «P_State» or 
C:the premises of the legislative venue of the STATE OF «STATUTORY_STATE» or
D:in the premises of the people's jurisdictional/venue of the union of several states known as The United States of America or 
E:in the premises of the legislative venue of the UNITED STATES or
F:in the premises of the military of the United States, or
G:Other?

.Does the session laws of Republic of «P_State» require the Official Flag of the United States of America and the Official Flag of «P_State» be prominently displayed in all public buildings as well as court rooms?

9.Are the proceedings under the venue and jurisdiction of a principal or authority foreign to the united States of America?

10.If the Answer to question #3 is no, why is the official flag of the United States of America not displayed in the building or court room?

11.Is placing fringe upon the National Flag of the United States of America authorized by statute?

12.If the answer to question #5 is yes, what is the specific statute of the United States authorizes the placing of fringe upon the National Flag of the United States of America.

13.If the answer to question #5 is no, is placing fringe upon the National Flag of the United States the crime under the laws of the United States of America, of defacement and mutilation of the National Flag of the United States of America?

14.Is the placing of fringe upon the National Flag represent the office of the President of the United States as commander-in-chief of the army and navy?

15.If the answer to question #7 is yes, is the display of a National Flag with fringe represent the venue and jurisdiction of the President of the United States as commander-in-chief of the army and navy?

16.If the answer to question #8 is yes, is the court where the Respondent's action is filed, by displaying the fringed National Flag, a United States military tribunal under the authority and jurisdiction of the President of the United States as commander-in-chief of the army and navy, a tribunal of limited venue and jurisdiction?

17.Is the tribunal organized under the general laws of 
a: the premises of the people of the Republic of «P_State» or 
b: the laws of the premises of the legislative jurisdiction/venue of the STATE OF «STATUTORY_STATE» or 
c: under the authority and premises of an authority foreign to the premises of either the people of the Republic of «P_State» or 
d: of the legislative jurisdiction/venue of the UNITED STATES?

18.Does the tribunal have the power and authority to hear actions filed by the people in the premises of the people of the Republic of «P_State» venue/jurisdiction (without the legislative venue)?

19.Is the state agency known as the state bar an a: executive department agency or b: judicial department agency?

20.Are all judicial officers members of the state bar?

21.If the answer to question #7 is that the state bar is an executive department agency, is the «R_Court» an executive/administrative department tribunal?

22.If the answer to question #9 is yes, does an executive tribunal have any bona-fide venue over judicial matters in the Republic of Washington?

23.Does the tribunal have lawful venue jurisdiction over the Respondent's action?

24.If the answer to question # 11 is no, is the Petitioner entitled to be discharged from the Respondent's action for lack of venue jurisdiction under civil rule 12(b)(3)?

JURISDICTION

1.What is the jurisdiction of the proceedings in the action? Is the proceedings in a: law, in b: equity, in c: admiralty, in d: maritime, in d: ecclesiastical, e: military, or f: other?

2.If the answer to question #1 is "other", please specify the jurisdiction of this tribunal in this proceeding.

3.Does the tribunal and Respondent have authority to compel the Petitioner into proceedings by way of the Respondent's action and to prejudice the rights of Petitioner, if Petitioner does not respond to the action without first being entitled to know the nature and cause of the proceedings?

4.Was Petitioner asked to enter a plea or answer in regards to the prejudice or Respondent's action?

5.What is the name of the party who signed the charging instrument, Respondent's action or other, in which said instrument avers that the Petitioner has a signature on any instrument which makes the Petitioner liable to the Respondent for any specific performance set forth in the Respondent's action?

6.Is the party named in response to question #5 an attorney or other public official who has taken and signed and filed a written an oath to uphold the Constitution for the united States of America as amended in 1791 (without the legislative venue of the United States), the Constitution for «P_State» and its Bill of Rights (without the legislative jurisdiction), and the Organic laws of the Republic of «P_State»?

7.Is the party named in question #5 acting under their own authority or appointed under the authority of another?

8.If the answer to question #7 is that the party named in question #5 is acting under the authority of another, what is the name of that party?

9.Is the party named in response to question #8 one who is an attorney or other public official who has taken and signed and filed a written oath to uphold the Constitution for the united States of America as amended in 1791 (without the legislative venue of the United States), the Constitution for «P_State» and its Bill of Rights (without the legislative jurisdiction), and the Organic laws of the Republic of «P_State» and who is also required to post a surety bond for the faithful performance of said duties under the oath described herein.

10.Where is the oath filed that is described in Question #9, and who is the person in charge of keeping said oath on file, and what is the title of that person?

11.Who or what company, person, or entity is the issuer of the bond described in the answer to Question #9, and what is the address of said bond issuer?

12.Does failure or neglect to file the written, signed oath of office or bond by the person responding to question #7 or any other public official result in that public official vacating the office?

13.Does controlling an office of trust by one who has not filed a written oath of office and/or bond constitute impersonation of a public official?

14.Is impersonation of a public official a: civil or b: criminal offense under the laws of the republic of «P_State»?

15.If the answer to question #7 is no.  By what authority does the party named in question #5 aver that said party is the lawful agent of the «Respondent»?

16.If the answer to question #7 is no. Is the Respondent's action that of the STATE OF «STATUTORY_STATE»?

17.If the answer to Question #7 is no.  Has any action been initiated by the STATE OF «STATUTORY_STATE»?

18.Has the party named in question #5 and/or #7 sworn or affirmed an oath to any other principal or authority foreign to the venue of the United States of America, which negates or nullifies the duty and obligation the oath or affirmation to uphold the Constitution and Laws of the United States of America imposes and bestows a title of nobility or  honor upon said party?

19.If the answer to question # 18 is yes.  To what foreign principal or authority has the party named in question #5 and/or #7 sworn said allegiance to?.

20.If the answer to question #18 is yes. Has the party named in question #5 and/or #7 filed with the department of immigration and naturalization as a foreign agent?

21.Is the presiding judicial officer a duly elected judicial officer under a: the authority of the Constitution of the Organic Republic of Washington or b: the legislative authority of the STATE OF WASHINGTON?

22.Is the presiding judicial officer in response to question #21 one who is an attorney or other public official who has taken and signed and filed a written oath to uphold the Constitution for the united States of America as amended in 1791 (without the legislative venue of the United States), the Constitution for «P_State» and its Bill of Rights (without the legislative jurisdiction), and the Organic laws of the Republic of «P_State» and who is also required to post a surety bond for the faithful performance of said duties under said oath?

23.Where is the oath filed that is described in Question #22 and who is the person in charge of keeping said oath on file, and what is the title of that person?

24.Who or what company, person, or entity is the issuer of the bond described in the answer to Question #22, and what is the address of said bond issuer?

25.Does failure or neglect to file the written, signed oath of office or bond by the person in response  to question #22 or any other public official result in that public official vacating the office?

26.Does controlling an office of trust by one who has not filed a written oath of office and/or bond constitute impersonation of a public official?

27.Is impersonation of a public official an a: civil or b: criminal offense under the laws of the republic of «P_State»?

28.Is the presiding judicial officer serving as a pro tempore judicial officer in regard the Respondent's action?

29.If the answer to question #28 is yes, did said judicial officer secure a written agreement form all parties to the Respondent's motion, and file a written signed oath to the record of the court regarding the Respondent's motion as required by Washington Session Law 1987 c 73 §1; codified in RCW 2.08.180?

30.If the answer to question #29 is no, then by what authority does the pro tempore presiding judicial officer assume to preside over the Respondent's action?

31.Under what authority of law is the Petitioner obliged to comply with orders or directions of a party holding and controlling an office of trust under color of office who has no authorization of the Republic of «P_State» or the STATE OF «STATUTORY_STATE» to act under the authority of the Republic of «P_State» or the STATE OF «STATUTORY_STATE»?

32.Is this case being prosecuted by a bona-fide public prosecutor under the general powers of an organic civil government, unfettered by legal disabilities including but not limited to bankruptcy or military oversight or control or other limitation, or by a common informer or other such private prosecutor?

33.If the Answer to question #32 is no.  What legal disability is this case being prosecuted under?

34.Has the UNITED STATES been declared bankrupt?

35.If the answer to question #34 is yes.  By what authority does the Respondent bring action against the Petitioner while the «STATUTORY_STATE» is in a state of bankruptcy?

36.What is the substance of the current money of account in the premises of the venue and jurisdiction of the tribunal and the Respondent's action?

37.Does the substance of the money of account in the answer to Question #36 comply with the requirement of the Constitution for the United States of America, Article I, §10, that no state shall make anything but gold and silver a tender in payment of a debt?

38.If the answer to Question #37 is no, then is the premises of the jurisdiction and venue of the tribunal and Respondent's action within one of the "states" (Republics) as said organic states are defined in the Constitution for the United States of America?

39.If the answer to Question #38 is no, then what is the authority for the origin and legal authority for the state in which the premises of the venue and jurisdiction of the tribunal and Respondent action are lodged?

40.Does the tribunal have lawful jurisdiction with regard to the Respondent's action?

41.If the answer to question #40 is no, is the Petitioner entitled to be discharged from the Respondent's action for lack of jurisdiction under civil rule 12(b)(1)?

RIGHT OF ACTION/CAUSE OF ACTION

1.Does the Respondent's action set forth a controversy? 

2.If the answer to Question # 1 is yes, what is the controversy set forth in the Respondent's action?

3.Does the Respondent's action set forth the claim that Petitioner herein has a signature on any instruments upon which Petitioner has any legal or equitable duty with respect to the Respondent?

4.If the answer to question #3 is yes, can the Respondent produce a certified copy of said document bearing the bona-fide signature of the Petitioner.

5.Is Petitioner's prejudice civil/equity or criminal/equity?

6.If the answer to question #5 is criminal/equity, is the prejudice infamous?

7.If the answer to question #6 is yes, did the Respondent initiate the Respondent's action against the Petitioner by indictment or present of the Grand Jury?

8.If the answer to question #7 is no, by what constitutional authority does the Respondent deny the Petitioner the protected right not to be held to answer an infamous crime without an incitement or presentment by the grand jury?

9.Does the Respondent aver that the Petitioner failed in a duty or obligation to a) a  Washington Session Law or b) a Revised Code of Washington?

10.If the Answer to question #9 is Revised Code of Washington, is the Revised Code of Washington actual legislation of the Republic State of Washington?

11.If the answer to question #10 is no, is the Revised code of Washington only evidence of the Legislation of the Republic of Washington?

12.If the answer to question #11 yes, can a citizen be accused of violating evidence?

13.If the answer to question #9 is Washington Session Law, does the law the Respondent avers is the subject of the Respondent's issues against the Respondent to be limited in it's application to a specific class?

14.If the Answer to question #13 is yes, is the class to whom the legislature of the Republic/State of Washington intended the Washington Session Law the Respondent avers is the subject of the Respondent's issues against the Petitioner to be limited in it's application to the class known specifically to the legislature as persons?

15.Does the Legislature of the Republic/State of Washington include natural born citizens in it's specific statutory definition of the class known as persons?

16.If the answer to question #15 is yes, what is the specific Washington Session Law in which the Legislature of Washington included natural born citizens of the United States in the Legislature of the Republic/State of Washington's, specific statutory definition's of the class known as persons?

17.If the answer to question #15  is no, does the Respondent have any lawful authority to apply either a Washington Session Law or a Revised Code of Washington to the Petitioner when the Petitioner is not a member of the class known to the Legislature of the Republic/State of Washington as persons?

18.Did the Petitioner file into the record of this tribunal an affidavit containing a statement that the Petitioner has no contractual agreement with Respondent?

19.Was the affidavit referred to in question #6 made under penalties of perjury under the laws of the United States of America?

20.What Instruments does the Respondent aver, contain the Petitioner's bona-fide signature to which a right of action and cause of action have accrued?

21.What instrument, the Respondent's action or other, avers that the Petitioner has a bona-fide signature on any instrument which makes the Petitioner liable to the Respondent for any specific performance set forth in the Respondent's action? What is the name of this instrument and who has the original of said instrument?

22.Is said instrument a contract/license or court order?

23.If the answer to question #22 is court order, was said court order signed by judicial officer who signed and filed a written oath of office prior to assuming the duties as a Judicial officer.

24.If the answer to question #22 is court order, was signing judicial officer a pro tempore judicial officer, and if so did said pro tempore judicial officer comply with the provision of Washington Session Law 1987 c 73 §1; codified in RCW 2.08.180 prior to issuing the order?

25.Does the WSL 1905 c 58 §1 codified in RCW 19.36.010 state to wit?:

Contracts, etc. Void unless in writing. In the following cases, specified in this section, any agreement, contract and promise SHALL be void, unless such agreement, contract or promise, or some note memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person (party) thereunto by him lawfully authorized....."

26.Does the Respondent named herein have direct knowledge that Petitioner has bona-fide signatures on any instrument which makes the Petitioner liable to the Respondent for any specific performance set forth in the Respondent's action?

27.Does the Respondent have any direct evidence, admissible under the rules of evidence by the Republic of «P_State», by affidavit under penalty of perjury true, correct, and not misleading, that establishes that the Petitioner herein has any bona-fide signatures on any instrument which makes the Petitioner liable to the Respondent for any specific performance set forth in the Respondent's action?

28.Who is the damaged party in the action?

29.What substance does the damaged party have at risk?

30.Does the Respondent's action disclose the Respondent's right of action and cause of action?

31.If the answer to question #17 no, is the Petitioner entitled to be discharged from the Respondent's action due to the Respondent's failure to state a cause for which relief can be granted under Civil Rule 12(b)(6)?

WHAT SUBSTANTIVE SYSTEM OF LAW IS THE TRIBUNAL OPERATING UNDER

1.What is the specific substantive system of law of law under which the tribunal the Respondent's action is filed in operating under? a) Constitutional; b) Feudal; c) Ecclesiastical; d) Military; e) Commercial; f) Common Law g) other.

Submitted this the ______ day of the ________ month of __________,

____________________________________________
by: «Petioner», Petitioner