1 IN SOME COURT

2
)
3 Somebody )
) Case No.: _________________
4
v. )
5 ) Notice and Demand
That be Me ) Challenge of Jurisdiction
6
)
7
8
NOTICE AND DEMAND FOR PROOF OF JURISDICTION
9 JURISDICTION IS HEREBY AND HEREWITH CHALLENGED ॱ
10
11
COMES NOW That be Me, with the allegation that the SUPERIOR COURT OF
12
13 XXXXXXXX, or any/all aliases of this name, is not a judicial power court which was created by
14 the Constitution for the State of Xxxxxxxxxxx, but rather is an administrative power only court
15
created for commercial purposes by the legislature of STATE OF XXXXXXXXXXX, acting as
16
an instrumentality of the United States, and forcing compliance with its Orders by use of armed
17
18 mercenary police actions. The actions of said court are direct violations of the rights held by the
19 People under the Constitution for the State of Xxxxxxxxxx, through said court’s use of deceptive
20
practices, procedures, rules, and word-smithing.
21
That be Me, is a Free Man (or Woman) standing on the soil of Xxxxxxxxxx state as a
22
23 Free Inhabitant and member of the body politic the State of Xxxxxxxxxx, entitled to all of the
24 protections of the Constitution for the State of Xxxxxxxxxx. Furthermore, STATE OF
25
XXXXXXXXXXXX, acting as an instrumentality of the United States, is required to comply
26
with and enforce compliance with all of the provisions of the Constitution for the United States
27
28 of America, especially that portion known as the Bill of Rights under which is guaranteed “due
29
30
Challenge of Jurisdiction Page 1 of 9
 1 process of law” in a court holding judicial power. An administrative power court cannot give
2 due process of law as it operates on rules, procedures, and statutes only and NOT on Law.
3
That be Me, has the right to challenge the jurisdiction of any court that attempts to force
4
compliance with it deceptive practices, procedures, rules, and word-smithing at any time, and
5
6 this right has been upheld by numerous decisions by the Supreme Court of the United States.
7 Once jurisdiction has been challenged, it is the mandatory obligation of the opposing party to
8
prove the basis of the court having jurisdiction to proceed in the matter before it, and until that
9
has been put on the Record of the court, the court can proceed no further.
10
11 Further, the Supreme Court of the United States has ruled that jurisdiction can be
12
challenged at any time even as much as 15 (fifteen) years after a judgment has been entered.
13
14 An objection to subject matter jurisdiction is not waivable and may be raised at any time,
15
even on appeal. Barrett ex rel. Estate of Barrett v. U.S., 462 F.3d 28 (1st Cir. 2006). Defective
16
standing also cannot be cured by substitution of the real party in interest. Zurich [*12] Insurance
17
18 Company, v. Logitrans, Incorporated, et al., 297 F.3d 528 (6th Cir. 2002).
19
"Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the
20
court lacks jurisdiction, the court has no authority to reach merits, but, rather, should dismiss the
21
22 action." Melo v. US, 505 F2d 1026. "Where there is no jurisdiction over the subject matter, there is
23
no discretion to ignore that lack of jurisdiction." Joyce v. US, 474 F2d 215. "Generally, a
24
plaintiff's allegations of jurisdiction are sufficient, but when they are questioned, as in this case, the
25
26 burden is on the plaintiff to prove jurisdiction." Rosemond v. Lambert, 469 F2d 416. "Judgment
27
rendered by court which did not have jurisdiction to hear cause is void ab initio." In Re Application
28
of Wyatt, 300 P. 132; Re Cavitt, 118 P2d 846. "It is elementary that the first question which must
29
30
Challenge of Jurisdiction Page 2 of 9
 1 be determined by the trial court in every case is that of jurisdiction.” Clary v. Hoagland, 6 Cal.685;
2 Dillon v. Dillon, 45 Cal. App. 191,187P. 27. “A departure by a court from those recognized and
3
established requirements of law, however close the apparent adherence to mere form in method of
4
5 procedure, which has the effect of depriving one of a constitutional right, is as much an “excess of
6 jurisdiction" as where there exists an inceptive lack of power.” Wuest v. Wuest, 53 Cal. App. 2d
7
339,127P.2d 934.
8
9
In a very recent decision the Supreme Court unequivocally stated in James v. City of
10
11 Boise Idaho, 136 S.Ct. 685 (2016):
12 "It is this Court's responsibility to say what a [federal] statute means, and once the
13 Court has spoken, it is the duty of other courts to respect that understanding of the
governing rule of law.” Nitro–Lift Technologies, L.L.C. v. Howard, 568 U.S.
14 ––––, ––––, 133 S.Ct. 500, 503, 184 L.Ed.2d 328 (2012) (per curiam )
15 (quoting Rivers v. Roadway Express, Inc.,511 U.S. 298, 312, 114 S.Ct. 1510, 128
L.Ed.2d 274 (1994) (internal quotation marks omitted)). And for good reason. As
16 Justice Story explained 200 years ago, if state courts were permitted to disregard
17 this Court's rulings on federal law, “the laws, the treaties, and the constitution of
the United States would be different in different states, and might, perhaps, never
18 have precisely the same construction, obligation, or efficacy, in any two states.
19 The public mischiefs that would attend such a state of things would be truly
deplorable.” Martin v. Hunter's Lessee, 1 Wheat. 304, 348, 4 L.Ed. 97 (1816)."
20
21 The court also said:

22 "The Idaho Supreme Court, like any other state or federal court, is bound by
23 this Court's interpretation of federal law" [emphasis added]

24 That be Me at this time makes that challenge and demands that the SUPERIOR COURT
25
OF XXXXXXXXXXXXX order the so called Plaintiff in this case provide direct evidence and
26
proof on the record the that the SUPERIOR COURT OF XXXXXXXXXXX is a judicial power
27
28 court which was created by the Constitution for the State of Xxxxxxxxxxxx and operates in

29 compliance with all of the provisions of the Constitution for the United States of America.
30
Challenge of Jurisdiction Page 3 of 9
 1
2 AFFIDAVIT
3 The State of Xxxxxxxx )
4 ) ss. TO ALL TO WHOM THESE PRESENTS SHALL
5 The County of Xxxxxxxx ) COME

6
I, the Affiant, who goes by the appellation, (Your Name Upper and Lower case), a
7
living, breathing flesh-and-blood man, a Free Man (or Woman) standing as a Free Inhabitant
8
on Xxxxxxxxxxxx the county, (Name of State Upper and Lower case) the land, non-territorial
9
to the United States and therefore without the United States, being of sound mind, and over the
10
age of twenty-one, reserving all rights, being unschooled in law, and who has no BAR
11
attorney, is without an attorney, and having never been re-presented by an attorney, and not
12
waiving assistance of counsel, knowingly and willingly Declares and Duly affirms, in
13
accordance with laws in and for The State of Xxxxxxxxxxxx, insert your state's Constitution
14
year 18XX, in good faith, with no intention of delaying, nor obstructing, and with full intent
15
for preserving and promoting the public confidence in the integrity and impartiality of the
16
government and the judiciary, that the following statements and facts, are true and correct of
17
Affiant’s own first-hand knowledge, understanding, and belief, does solemnly declare, and
18
depose and say:
19
20 1. That I, That be Me, declare that I am competent to state to the matters set forth herein; and
21
2. That I, That be Me, declare that I have personal knowledge of the facts stated herein; and
22
23 3. That I, That be Me, declare that all the facts stated herein are true, correct, and certain,

24 admissible as evidence, and if called upon as a witness I will testify to their veracity; and

25 4. That I, That be Me, declare that I am not in receipt of any evidence or other material facts
26 that the SUPERIOR COURT OF XXXXXXXXXXX, or any/all aliases of this name, is not
27 an administrative power only court, which is masquerading as a judicial power court, which
28 was created by the Legislature for the State of Xxxxxxxxxxxxx, and I believe that no
29 contrary evidence exists; and
30
Challenge of Jurisdiction Page 4 of 9
 1 5. That I, That be Me, declare that I am not in receipt of any evidence or other material facts
2 that judicial power courts, the SUPERIOR COURT OF XXXXXXXXXXX is not created
3 only by the Constitution for the State of Xxxxxxxxxx, and I believe that no contrary
4 evidence exists; and
5 6. That I, That be Me, declare that I am not in receipt of any evidence or other material facts
6 that the SUPERIOR COURT OF XXXXXXXXXX, or any/all aliases of this name, is not
7 an administrative power only court created for commercial purposes by the legislature of
8 STATE OF XXXXXXXXXXXX, acting as an instrumentality of the United States, and I
9 believe that no contrary evidence exists; and
10
7. That I, That be Me, declare that I am not in receipt of any evidence or other material facts
11
that the SUPERIOR COURT OF XXXXXXXXXXXX, or any/all aliases of this name, is
12
13 not an administrative power only court forcing compliance with its Orders by use of armed

14 mercenary police actions, and I believe that no contrary evidence exists; and

15 8. That I, That be Me, declare that I am not in receipt of any evidence or other material facts
16 that the SUPERIOR COURT OF XXXXXXXXXXX or any/all aliases, is not by the
17 actions of said court directly violating the rights held by the People under the Constitution
18 for the State of Xxxxxxxxxxxx, through said court’s use of deceptive practices, procedures,
19 rules, and word-smithing, and I believe that no contrary evidence exists; and
20
9. That I, That be Me, declare that I am not in receipt of any evidence or other material facts
21
that there is any person holding themself out as a judge for the SUPERIOR COURT OF
22
XXXXXXXXXXX who has taken the proper oath for a state judicial officer, which is
23
required to be taken by Act of Congress, as set out at 1 Stat 23, which reads:
24
“SEC. 1. Be it enacted by the Senate and [House of] Representatives of the United
25 States of America in Congress assembled, That the oath or affirmation required by
26 the sixth article of the Constitution of the United States, shall be administered in the
form following, to wit: "I, A. B. do solemnly swear or affirm (as the case may be)
27 that I will support the Constitution of the United States."
28
SEC. 3. And be it further enacted, That the members of the several State
29 legislatures, at the next sessions of the said legislatures, respectively, and all
30
Challenge of Jurisdiction Page 5 of 9
 1 executive and judicial officers of the several States, who have been heretofore
chosen or appointed, or who shall be chosen or appointed before the first day of
2
August next, and who shall then be in office shall within one month thereafter, take
3 the same oath or affirmation, except where they shall have taken it before; which
4 may be administered by any person authorized by the law of the State, in which
such office shall be holden, to administer oaths.” [Emphasis added]
5
and I believe that no contrary evidence exists; and
6
7 10. That I, That be Me, declare that I am not in receipt of any evidence or other material facts
8 that the SUPERIOR COURT OF XXXXXXXXXX, or any/all aliases of this name, is not
9 committing unlawful seizures, claiming authority beyond it jurisdiction when it orders the
10 taking of the real property of the People of Xxxxxxxxxx state, and I believe that no
11 contrary evidence exists; and
12 11. That I, That be Me, declare that I am not in receipt of any evidence or other material facts
13 that the foreclosure on the real property of the People of Xxxxxxxxxxxx state is not a
14 seizure, and I believe that no contrary evidence exists; and
15
16
17 12. That I, That be Me, declare that I am not in receipt of any evidence or other material facts

18 that a seizure is not the exclusive jurisdiction of the United States District Court as

19 controlled by Act of Congress codified as 28 U.S.C. 1356, which reads:

20 “The district courts shall have original jurisdiction, exclusive of the courts
21 of the States, of any seizure under any law of the United States on land or
upon waters not within admiralty and maritime jurisdiction, except matters
22 within the jurisdiction of the Court of International Trade under section
23 1582 of this title.” (June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96–417,
24 title V, § 508, Oct. 10, 1980, 94 Stat. 1743.)

25 and I believe that no contrary evidence exists; and

26 13. That I, That be Me, declare that I am not in receipt of any evidence or other material facts
27 that when the SUPERIOR COURT OF XXXXXXXXXXXX, or any/all aliases of this
28 name, refuses to rebut this Affidavit, point by point on the Court Record, that said Court is
29
30
Challenge of Jurisdiction Page 6 of 9
 1 not committing sedition against the People of Xxxxxxxxxxxxx state, and I believe that no
2 contrary evidence exists; and
3
4 FURTHER AFFIANT SAITH NOT.
5 I declare under the penalty of bearing false witness before Nature’s God and Men as
6 recognized under the laws in and for The State of Xxxxxxxxxxx, the Laws of the United States
of America and the Law of Nations, acting with sincere intent and full standing in law, do
7
herewith certify and state that the foregoing contents are true, correct, complete, certain,
8 admissible as evidence, and not intended to mislead anyone, and that (Your Name Upper and
9 Lower Case) executes this draft in accordance with (Your Name Upper and Lower Case)’s best
knowledge and understanding without dishonor, without recourse; with All rights reserved, sans
10
prejudice.
11
12 As done this _____ day of April in the year 2018, under penalty of perjury under
13 the laws of the United States of America.
14
15 Duly sworn this ____ day of May, 2018:
16 L.S. __________________________
17 That Be Me
Some Street
18
Some City, Some State
19
20
STATE OF XXXXXXXXXXX )
21 ) JURAT
COUNTY OF XXXXXXXXXX )
22
23
Before me the undersigned, a Notary acting within and for the County of Xxxxxxxxxxx
24
25 and State of Xxxxxxxxxxxxx on this _____ day of ______________, 2018, personally appeared
and known to me - OR - proved to me on the basis of satisfactory evidence to be the person
26 whose names is subscribed to the within instrument, to be the identical Man (or Woman), That
27 Be Me, who being duly sworn, declared the above to be true, correct, and not meant to mis-lead,
to the best of his firsthand knowledge, understanding, and belief, by his free will and voluntary
28 act and deed by his signature on the foregoing document, executed the within instrument.
29
Given under my hand and seal this ______ day of _______________, 2018.
30
Challenge of Jurisdiction Page 7 of 9
 1
2 _______________________________
3 Notary signature Seal
4
______________________________
5
Printed Notary name
6
My commission expires _________________
7
8
9
10
11 CONCLUSION with MOTION
12
WHEREFOR, That Be Me, having duly challenged the jurisdiction and claim of
13
14 judicial power of SUPERIOR COURT OF XXXXXXXXX in the Cause No.
15 XXXXXXXXX, does now motion and demand said Court order the Plaintiff in said cause to
16
prove on the Record of this instant case that the Declarations of That Be Me are invalid and
17
to prove that this Court was created by the Constitution for the State of Xxxxxxxxxxxx,
18
19
holding judicial power, and that the judges who have presided over this case had on file the

20 required oath set forth by Act of Congress as 1 Stat 23 before they issued the orders, which
21 said judges claim to have judicial power to issue and to have enforced by any law
22
enforcement agency. Further, should this Court refuse to issue such an order to the Plaintiff,
23
this Court admits on the Record of this case that all orders which have been issued by any
24
25 alleged judge of this Court in this instant case are VOID, not merely voidable.

26
27 VERIFICATION

28 I, That Be Me, a Xxxxxxxx State Citizen and one of the People of Xxxxxxxxxxxx(Your
state), makes this Verification based on personal knowledge of matters set forth herein
29
and appearing without waiving any rights or remedies, being competent in mind and
30
Challenge of Jurisdiction Page 8 of 9
 1 body to testify, do hereby declare, verify and affirm that the facts stated herein are true,
2 correct, and complete in all material fact, not misrepresented based on my own
knowledge to the best of my current information, knowledge and belief under the
3
penalty of perjury of the laws of the united States of America and the laws of (Your
4
State Upper and Lower Case), and is admissible as evidence in a court of law or equity,
5 except as to those matters that are therein made upon information and belief, and as to
6 those claims or facts, I believe them to be true and admissible as evidence, and if called
7 upon as a witness, I will testify as to the veracity of my statements.
8 Entered this ____ day of May, 2018.
9
10 L.S. ____________________________
11 That Be Me,
12 One of the People of the body politic
13 the State of Xxxxxxxxxxxxx
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Challenge of Jurisdiction Page 9 of 9