Instructions for How To Prosecute Government/Public Servants, for "any Thing... to the Contrary" of these "fundamental principles" of "the common law", which are "the supreme Law of the Land" here in the USA!
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FIRST LINKS TO INSTRUCTIONS PAGES FOR NON-LAWYERS IN US AND STATE COURTS (Both on this Wordpress page and below here on this page also):
https://freeornottobe.wordpress.com/2022/03/13/sources-of-authority-by-topic-subject-of-law/comment-page-1/#comment-54
Especially this instructions page (pdf) from Maryland District court for non-Lawyers, including forms for filing Civil Suits (Which I plan to use as a starting point and improve to add to these pages in the future):
https://www.mad.uscourts.gov/general/pdf/StepByStepEnglish.pdf
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NOW, “HERE IS THE FIRST DRAFT OF THIS “NOTICE OF CLAIM OF DEPRIVATION OF RIGHTS UNDER COLOR OF LAW” TEMPLATE, so anyone can use this notice, and these “sources of authority by topic/subject” here on this WordPress page for now (to be moved to NRDL.org soon)…”:
https://freeornottobe.wordpress.com/2022/03/13/sources-of-authority-by-topic-subject-of-law/comment-page-2/#comment-145
Here is the new page for this 'Notice of Claim of Deprivation of Rights Under Color of Law' Template:
https://www.nrdl.org/notice_template/
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“TABLE OF CONTENTS” for “SOURCES OF
AUTHORITY” BY TOPIC / SUBJECT OF
LAW:
https://freeornottobe.wordpress.com/2022/03/13/sources-of-authority-by-topic-subject-of-law/
Here is the new page for this Table of Sources of Authority by Topic / Subject:
https://www.nrdl.org/sources/
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THE PLAN, is to have instructions and forms and links to laws and other resources, to make it as easy as possible for everyone to sue our government/public servants for everything Contrary to these basic principles of law, in hopes enough people will learn this that we can make it impossible for "Government" to "make or enforce" "any Thing... to the Contrary" of these "fundamental principles" of "the common law" and "the supreme Law of the Land" in these "LawDocs", because every time they try they get sued and it becomes just too expensive for govt. to do anything contrary to its purpose any longer!
THIS IS A WORK IN PROGRESS AND A REALLY BIG MESS RIGHT NOW, but I intend to get this cleaned up and make it an efficient part of my websites asap:
http://www.GovernPublicServants.com
http://www.NRDL.org
http://www.HowWeExist.com
http://www.FreeOrNotToBe.org
Below is the WordPress page I made for this temporarily, where we can have a conversation about this pages content, and share and help organize this content, and actually apply it to improve the quality of life on Earth for everyone:
https://freeornottobe.wordpress.com/2021/12/11/instructions-on-how-to-prosecute-corrupt-and-incompetent-public-servants-aka-government/
In the meantime goto: facebook.com/harleyborgais and see my central facebook note first, where I have links to my best content so far, titled:
"THE MOST IMPORTANT FACEBOOK POST...".
HERE IS A LINK TO THE "Pinned Post" ON FreedomFilesGroup FB Pg, with links to the best things I have to share right now, LIKE FOR SHARING ALL THE 'LawDocs' and other links to Videos SHOWING HOW to 'GovernPublicServants' #LIKEaSOVEREIGN with these 'FundamentalPrinciples' of law and 'AdministrativeRemedies' for now:
https://www.facebook.com/groups/FreedomFilesGroup/posts/755605474462037
HERE IS THE NEWEST “Notice of Claim of Deprivation of Rights Under Color of Law” WHICH SUMMARIZES THESE “fundamental principles” OF “the supreme Law of the Land” ON PG1, WITH ‘SOURCES OF AUTHORITY’ TO PROVE THEM, ROOM FOR YOUR NOTICE OF CLAIM(S), SIGNATURE UNDER PERJURY, NOTARY STAMP, ETC., HERE:
https://www.facebook.com/groups/FreedomFilesGroup/posts/4251343418221541/
INSTRUCTIONS AND FORMS AND RESOURCES ON HOW TO FILE ACTIONS IN US COURTS:
“A SIMPLE GUIDE TO FILING A CIVIL ACTION”, IN UNITED STATES DISTRICT COURT (From Massachusetts Dist. Ct):
https://www.mad.uscourts.gov/general/pdf/StepByStepEnglish.pdf
“General Civil Case Filing Requirements”, OFFICE OF THE CLERK, United States District Court, Southern District of Florida:
https://www.flsd.uscourts.gov/sites/flsd/files/Civil%20Filing%20Requirements.pdf
“A Pro Se Guide”, “TO FILING YOUR LAWSUIT IN FEDERAL COURT”, UNITED STATES DISTRICT COURT, WESTERN DISTRICT OF WASHINGTON:
https://www.wawd.uscourts.gov/sites/wawd/files/ProSeManual4_8_2013wforms.pdf
“REPRESENTING YOURSELF IN A CIVIL CASE”, A “GUIDE FOR THE PRO SE LITIGANT” (North Carolina Dist. Ct.):
https://www.nced.uscourts.gov/pdfs/proseGuide.pdf
“How to File a Civil Action” (In Maryland Dist. Ct.):
https://www.mdd.uscourts.gov/how-file-civil-action
“… For civil cases, venue is usually the district or county which is the residence of a principal defendant, where a contract was executed or is to be performed, or where an accident took place.”
https://civilprocedure.uslegal.com/jurisdiction/venue/
US Court Forms:
https://www.uscourts.gov/services-forms/forms
https://www.uscourts.gov/forms/civil-forms
https://www.uscourts.gov/forms/criminal-forms
https://www.uscourts.gov/forms/law-enforcement-grand-jury-and-prosecution-forms/criminal-complaint
https://www.uscourts.gov/sites/default/files/ao091.pdf
https://www.uscourts.gov/forms/law-enforcement-grand-jury-and-prosecution-forms/arrest-warrant
https://www.uscourts.gov/sites/default/files/ao442.pdf
https://www.uscourts.gov/forms/civil-forms/civil-cover-sheet
https://www.uscourts.gov/forms/pro-se-forms/complaint-civil-case
https://www.uscourts.gov/sites/default/files/complaint_for_a_civil_case.pdf
https://www.uscourts.gov/sites/default/files/complaint_for_violation_of_civil_rights_non-prisoner.pdf
Since ^that^ US Civil Complaint asks whether you’re suing under Federal Laws like 42usc1983 or Bivens v. Narcotics Agents “case precedent”, here is that case:
Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), wherein they decided “…that the absence of any federal remedy for the violation of a constitutional right could not be contemplated because every wrong must have a remedy. Therefore, he found it possible to infer a private right of action for damages even when it was not expressly provided. Brennan did leave open an exception when Congress has specifically provided that there may be no such cause of action, or when there are certain circumstances that would make a court reluctant to infer it, although he did not define what those circumstances might be. Broadly speaking, however, the majority opinion issued a clear rule that federal courts may award damages for any violations of constitutionallly protected interests by using traditional remedies such as money damages.”
https://supreme.justia.com/cases/federal/us/403/388/
That is curious, perhaps this has been updated since then and reworded so that “absence of any federal remedy for the violation of a constitutional right” DOES NOT seem to exist now, as you can read in the current US Code Title 42 Section 1983 now as of Dec.2021:
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. …”
U.S. Code Title 42 CHAPTER 21 SUBCHAPTER I § 1983
42 U.S. Code § 1983 – Civil action for deprivation of rights
https://www.law.cornell.edu/uscode/text/42/1983
THIS IS USEFUL TOO, these “fundamental principles” of “law” I’ve put together effectively are “the common law” and therefore are “the supreme Law of the Land” which is based upon them, and when the written laws are deficient “the common law” takes over:
“(a)Applicability of statutory and common law
The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.
…”
U.S. Code Title 42 CHAPTER 21 SUBCHAPTER I § 1988
42 U.S. Code § 1988 – Proceedings in vindication of civil rights
https://www.law.cornell.edu/uscode/text/42/1988
Instructions from various US District Courts in various States:
FIRST HOW TO FILE IN US COURTS IN ARIZONA, MY STATE:
https://www.azd.uscourts.gov/handbook-self-represented-litigants
https://www.azd.uscourts.gov/efiling/about-electronic-case-filing
https://www.azd.uscourts.gov/efiling/e-filing-procedural-information
https://www.azd.uscourts.gov/efiling/training-user-manual
“ELECTRONIC CASE FILING
How to Submit Case Opening Documents
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA”
https://www.azd.uscourts.gov/sites/default/files/documents/how%20to%20submit%20case%20opening%20documents.pdf
“U.S. District Court for the DISTRICT OF ARIZONA
DISTRICT OF ARIZONA – Document Filing System” (ECF=Electronic Case Filing system)
https://ecf.azd.uscourts.gov/cgi-bin/ShowIndex.pl
“Instructions for a Prisoner Filing a Civil Rights Complaint
in the United States District Court for the District of Arizona”
https://www.azd.uscourts.gov/sites/default/files/forms/Civil%20Rights%20Complaint%20instructions-form.pdf
“DISTRICT OF ARIZONA
PRO BONO OPPORTUNITIES FOR LAWYERS” (Meaning Volunteer Lawyers for people who cant afford one, as required by law for all licensed lawyers a certain amount each year I believe):
https://www.azd.uscourts.gov/sites/default/files/documents/DAZ%20Notice%20of%20Pro%20Bono%20Opportunities.pdf
“UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
GUIDE FOR FILING A CIVIL SUIT”
http://www.cod.uscourts.gov/Portals/0/Documents/Forms/CivilForms/Filing_a_Civil_Suit_Package.pdf
INSTRUCTIONS AND FORMS AND RESOURCES FOR FILING IN STATE COURTS:
FOR ARIZONA STATE COURT(S):
Az A.G. Criminal Complaint, Instructions page:
https://gateway-sis.azag.gov/PublicComplaint/begin.aspx
https://www.azcourts.gov/efilinginformation
“For those filing to have your civil and/or firearms rights restored:”
https://www.clerkofcourt.maricopa.gov/services/filings/criminal-filing
“Restoration of Civil and/or Gun Rights”
https://superiorcourt.maricopa.gov/llrc/crim_crrr/
Civil Filings/Lawsuits in Az Court:
https://www.clerkofcourt.maricopa.gov/services/filings/civil-and-tax-filing
HOW TO FILE CERTAIN TYPES OF COURT “MOTIONS”:
In most cases you can use a general form from the court and fill in the details you need and write “see attached [Title of Document]” to attach any extra info or evidence, or just put that and write your whole complaint formally to attach to the motion, etc..
HERE ARE PAGES WITH EXAMPLES AND INSTRUCTIONS ON HOW TO PUT TOGETHER LEGAL DOCUMENTS:
Thats the part which explains the relevant laws which goes with a civil or criminal complaint.
Heres more info on it:
https://lawtutors.net/structure-of-an-objective-legal-memo/
DIRECTIONS FOR BRINGING A MOTION
https://www.courts.ca.gov/partners/documents/insformot.pdf
Example memorandum of law…
https://www.westbar.org/pdf/DEFAZIOwritingsample.pdf
Here is the FB post with my notice of claim examples:
https://www.facebook.com/groups/FreedomFilesGroup/posts/755605474462037/
Here is a motion to vacate a judgement which was based upon fraud on the court, under Rule 60 of US Court Procedure, which includes btw newly discovered evidence as another reason to vacate past judgements, and other reasons:
https://www.slideshare.net/LegalDocsPro/sample-motion-to-vacate-judgment-for-fraud-on-the-court-under-rule-60d3
Those look like pretty good example motions we can use…
https://www.familylawselfhelpcenter.org/self-help/56-guardianship/additional-orders/194-changing-guardians
https://www.familylawselfhelpcenter.org/images/forms/guardianship/gship-set-aside-packet-pdf.pdf
https://www.familylawselfhelpcenter.org/images/forms/guardianship/gship-removal-packet-pdf-fillable.pdf
Although they are using Nevada Laws, but the format is a perfect example to use I think. It even provides forms for the judge to simply finish if they agree, doing the judges work for them as much as possible (great idea!).
The Example Civil Suit from Dr Shiva below just numbers the paragraphs, but I think its best to add numbered paragraphs and each line and page, at the end, or when they become necessary (so you can refer to a specific paragraph or line or page specifically when needed). If you add the references early you will likely have to change them and it makes more work.
The Notice of Claim I made has the signature line and notary stamp sections, and the summary of law for us to sue for everything “unconstitutional”. I think you can look at Dr Shivas examples, and use my Notice of claim if you want to Start, but you just need to type up your story first I think, including dates and so on, and then you can go over it and format everything as needed.
I think if you look at the civil suit filings from Dr shiva you can see a good example of how to prepare affidavits and civil suits and evidence:
https://vashiva.com/first-amendment-twitter-galvin-lawsuit/
“MOTION TO VACATE” A PREVIOUS COURT ORDER:
“A motion to vacate is not simply a second chance and it should not be confused with an appeal. These are very different legal processes. When a person files an appeal, he basically approaches a higher authority and argues that a lower authority had faulty judgment and asks the higher authority to do something about it. When a person files this motion, however, he basically returns to the source of the judgment and claims that he did not have a fair opportunity to present his case and, therefore, requests the court to deem its decision void.”
https://www.mylawquestions.com/what-is-a-motion-to-vacate.htm
AND THIS IS A REALLY USEFUL THING FOR PEOPLE IN NH FAMILY COURTS, THIS CLASS ACTION IN THE NH COURT, (I think the “Class Action” part of it was dismissed though so each individual has to handle their own case, but others can make use of this if its similar to theirs):
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-08/011120meehancomplaint.pdf
This is an excellent example for us to follow, and so much evidence to help support a case that these agencies are very corrupt.
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See how I end my notice of claim (attached also) with the signature and notary lines:
I hereby declare under penalty of perjury the foregoing is true to the best of my knowledge,
[Signature, Printed Name of Claimant, Date Signed]
NOTARY STAMP & SIGNATURE, ACKNOWLEDGMENT:
Subscribed and affirmed to before me, _______________________________________, a Notary Public,
this day of ________, , that the above-named man/woman did appear before me,
and proved to be the man/woman executing this document.
________________________, Notary Public My commission expires:_______________
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FILING A COMPLAINT ON YOUR OWN BEHALF, IN THE UNITED STATES DISTRICT COURT, FOR THE DISTRICT OF ARIZONA:
Relevant laws for filing Civil Suits in the State of Arizona's courts:
Criminal Complaint, to Arizona Attorney General, Mark Brnovich
Relevant laws for filing Civil Suits in the State of New Hampshire's courts:
Rules of the Circuit Court of the State of New Hampshire -- Family Division
Rules of The Circuit Court of the State of New Hampshire -- District Division
Court Information - United States District Court for the District of New Hampshire
Links to forms:
Including the Notice of Claim of Deprivation of Rights Under Color of Law with the summary of these "fundamental principles" of "Law" therein, here:
www.facebook.com/groups/FreedomFilesGroup/posts/755605474462037
www.facebook.com/permalink.php?story_fbid=965117453669816&id=517986018382964
www.nrdl.org/fundamental_principles.html
Relevant laws like US Codes for Formatting Motions (Especially Civil Procedure rules 7,9,10):
https://www.law.cornell.edu/rules/frcp/rule_7
https://www.law.cornell.edu/rules/frcp/rule_8
https://www.law.cornell.edu/rules/frcp/rule_9
https://www.law.cornell.edu/rules/frcp/rule_10
www.law.cornell.edu/rules/frcp/title_III
28 U.S. Code § 1915 – Proceedings in forma pauperis (How to get filing fee's waived if you can't afford them)
https://www.law.cornell.edu/uscode/text/28/1915
28 U.S. Code § 1332 – Diversity of citizenship; amount in controversy; costs
https://www.law.cornell.edu/uscode/text/28/1332
28 U.S. Code § 1251 – Original jurisdiction
https://www.law.cornell.edu/uscode/text/28/1251
28 U.S. Code § 1331 – Federal question
https://www.law.cornell.edu/uscode/text/28/1331
28 U.S. Code § 1391 – Venue generally
https://www.law.cornell.edu/uscode/text/28/1391
Arizona Revised Statutes (ARS’):
12-401. Venue
https://www.azleg.gov/ars/12/00401.htm
12-123. Jurisdiction and powers
https://www.azleg.gov/ars/12/00123.htm
EXAMPLE COMPLAINTS FROM PROFESSIONAL LAWFIRMS:
____________________________________________________________________________________
...more...
FBI Criminal Complaint against Communist United States v. Chaoqun (1:18-cr-00611) - From here: www.courtlistener.com/docket/7945906/united-states-v-chaoqun/
...In violation of 18usc951(a):
U.S. Code Title 18. CRIMES AND CRIMINAL PROCEDURE Part I. CRIMES Chapter 45. FOREIGN RELATIONS Section 951. Agents of foreign governments.
Freedom of Information Act Gallery 2011
https://archive.epic.org/open_gov/foiagallery2011.html
SO FOR CONTENT NOW I NEED TO ADD, ACTUAL INSTRUCTIONS HOW TO SUE GOVT:
Herein are instructions on how to prepare and file Civil Suit and Criminal Charges in US Court, and basic principles of law clearly showing what is ‘Constitutional’ and therefore ‘Lawful’ or not.
(And note I am figuring this out as I go, so once I am successful with prosecuting our govt I can offer more. I’ve had success getting cases dismissed and making my police stop enforcing a lot of things, so now I’m learning to start prosecuting them and stop this corruption and profit from it, and show everyone in the whole country how to do the same, asap)
FIRST I think people need to comprehend these “fundamental principles” of “the common law” which are “the supreme Law of the Land” here in the USA, which fit on one piece of paper, and which Tempe Police have told me make “over 90% of what we do” clearly “Unconstitutional”, and are therefore “deprivation of rights under color of law” to “make or enforce” or even “neglect to prevent”, which is an actual “crime” and a civil liability thanks to these basic principles of “Law”. They need to be familiar with the US and State Constitutions as well, and some basic court rules and procedures. This is why I made these “LawDocs” “For Police Encounters” and for “Justice System, Basic Rules”, and the new “Notice of Claim of Deprivation of Rights Under Color of Law” which has the one page summary of these “fundamental principles” in the form of a notice of claims to use for this purpose, along with pages of “sources of authority” to go with it, from “the supreme Law of the Land” so they over-rule “any Thing… to the Contrary”. (There are links to get them free in the navigation bar at top of this page, and Here.)
SECOND I think to start the actual civil or criminal complaint, first people need to articulate exactly the wrong or harmful things they are alleging (how it violates the basic principles of law mentioned above), and any remedy they believe is proper for a Court of Law to order, including reasons why for everything, and they need to look up relevant laws and be familiar with the US and State Constitution, so they can QUOTE the relevant laws when making points (like I do now), and explain clearly how that exact law was violated, exactly. Then make this as complete but also efficient as possible, and add “sources of authority”[1] at the end, so each number in [square brackets] in the complaint refers to one “source of authority” at the end, with the quote and source and a URL link to it when possible for each quote. When the complaint is done you can add a number to each paragraph, and if needed to each line on the left so you can refer to other parts of the complaint by paragraph or line number.
THIRD could be to add to the Complaint the remedy or solution(s) you believe proper or are demanding and reason(s) why you believe are “just” and “lawful”, whether it be just financial compensation, or the court to declare something is in fact unlawful and order it be stopped, or that a duty be fulfilled, etc.. Its a good idea to find “precedents” from similar cases when demanding things like money for compensation (like Trezevant v. Tampa for $1,000/minute of unlawful detention for example).
FOURTH figure out which exact court is the correct one (possibly sooner if needed earlier to make complaint), depending on the location of the “offense” usually, the laws of which State or US Laws are being violated, who is being sued and/or accused of a crime, especially the type of case (criminal or civil, “probate”, “tort”, etc….). Depending on case details some of these things may need to be handled in a different order though. Once the proper court is chosen, then you can add that to the title of the Complaint, and any other details of the court needed in the complaint (an example of a reason why the court might need to be figured out earlier depending on details of the case).
FIFTH checking court rules, (possibly sooner if needed for complaint), one may need to look up the rules of Court Procedure for that court and this type of case, to be familiar with those which may be relevant during their case. And if needed in the Complaint to refer to them or quote them this step (and deterimining for sure which is the right court) may need to be done before or while making complaint initially. [I plan to be adding links to all this as time permits me to]
SIXTH to file the complaint, after all the evidence and facts and “sources of authority” are put together in a formal complaint according to the requirements of that courts rules and these “fundamental principles” of “the common law” and “supreme Law of the Land”, and you review the entire complaint to make sure its as complete and efficient and clear for anyone to comprehend your points as easily as possible, then its ready to file in the proper court. There are usually fees for filing actions in courts which can be ‘waived’ if you cannot afford it and supply a document showing evidence of that.
SEVENTH to be prepared for undesirable or unjust responses, during the case you may need to continue learning court rules and relevant laws, and you may need to even file charges against the opposing party or their lawyers or the judge along the way, so be prepared for all of this. I have learned when I file demands with my “Public Servants” I outline exactly what these “fundamental principles” of “the common law” and “the supreme Law of the Land” requires them to do according to the evidence supplied, and especially outline exactly the penalty for them if they do “any Thing… to the Contrary” without sufficiently proving these legal arguments wrong on the courts public record. In my experience so far this tends to make police and judges just stop enforcing whatever they bothered me for and dismiss my cases in just a few minutes, even THANK me for making their jobs easier and safer, and no lawyer or judge has proven me wrong on these basic principles and what is “Constitutional” or not in years now!
Now lets look at "Jurisdiction", where we should file suit and especially WHY one court is proper over another (NH State, or US Dist?):
“Should I File in Federal or State Court?”:
That says:
“So unless your case involves one of the few types of cases over which federal courts have exclusive jurisdiction (copyright violations, patent infringement, or federal tax claims), the state court in the state in which you live will probably have jurisdiction to hear your case, whether you’re seeking an adoption, guardianship, or divorce, suing a landlord or a tenant, have a consumer complaint against a contractor or repair shop, want to go to small claims court, need to probate a will, or are involved in one of the vast variety of other kinds of legal disputes.”
“Most lawsuits that can be filed in federal district court can also be filed in state court. Federal courts have exclusive jurisdiction only in a very few kinds of federal question cases, such as lawsuits involving copyright violations, patent infringement, or federal tax claims.
This means that plaintiffs in all diversity jurisdiction cases and nearly all federal question cases have a choice of suing in federal or state court. Lawyers call the process of deciding which court is best for a plaintiff’s case “forum shopping.”
…” It gives examples then of reasons to choose the one court over the other. I think if we are suing the State we want to use US Courts.
https://www.nolo.com/legal-encyclopedia/subject-matter-jurisdiction-state-federal-29884-2.html
NOW, FOR LAWS TO USE TO ENFORCE COURT ORDERS, I.E. CHARGE SOMEONE WITH “CONTEMPT” OF COURT:
US Court Resources, definition of ‘contempt’:
https://www.justice.gov/archives/jm/criminal-resource-manual-752-general-definition-contempt (Note it involves acts which ” obstruct the administration of justice”)
https://www.justice.gov/archives/jm/criminal-resource-manual-753-elements-offense-contempt
https://www.justice.gov/archives/jm/criminal-resource-manual-728-criminal-contempt
https://www.justice.gov/archives/jm/criminal-resource-manual-727-civil-contempt
https://www.justice.gov/archives/jm/criminal-resource-manual-784-least-possible-power-rule
(There are a LOT more good resources there if you search the left side of the page, for US Codes and Procedures and Rules and so on)
https://www.uscourts.gov/forms/civil-forms
18 U.S. Code § 401 – Power of court (Source of authority to punish for “contempt”)
https://www.law.cornell.edu/uscode/text/18/401
“18 U.S. Code § 402 – Contempts constituting crimes”
https://www.law.cornell.edu/uscode/text/18/402
“Federal Rules of Criminal Procedure Rule 42. Criminal Contempt”
https://www.law.cornell.edu/rules/frcrmp/rule_42
“42 U.S. Code § 1995 – Criminal contempt proceedings; penalties; trial by jury”
“U.S. Code Title 42, THE PUBLIC HEALTH AND WELFARE, Chapter 21. CIVIL RIGHTS, Subchapter I. GENERALLY”
https://www.law.cornell.edu/uscode/text/42/1995
“18 U.S. Code § 3691.Jury trial of criminal contempts”
https://www.law.cornell.edu/uscode/text/18/3691
(This seems like it only applies to people in foreign countries though so not sure how useful this one is)
U.S. Code, Title 28. JUDICIARY AND JUDICIAL PROCEDURE, Part V. PROCEDURE, Chapter 117. EVIDENCE; DEPOSITIONS
28 U.S. Code § 1784 – Contempt
https://www.law.cornell.edu/uscode/text/28/part-V/chapter-117
FOR THE STATE OF NEW HAMPSHIRE:
https://www.courts.nh.gov/our-courts/superior-court/forms
The NH Basic/General Motion Form (to show what basic elements are needed and basic format for NH Court):
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2839-se.pdf
2020 New Hampshire Revised Statutes
Title LI – Courts
https://law.justia.com/codes/new-hampshire/2020/title-li/
Here are links to the rules for the various NH courts, especially the Superior Court:
https://www.courts.nh.gov/rules-superior-court-state-new-hampshire
https://www.courts.nh.gov/new-hampshire-superior-court-administrative-rules
https://www.courts.nh.gov/rules-supreme-court-state-new-hampshire
https://www.courts.nh.gov/supplemental-rules-supreme-court-new-hampshire-electronic-filing
https://www.courts.nh.gov/rules-circuit-court-state-new-hampshire-district-division
And it was this Civil Checklist that was referring to rules 3.1 to 3.52 which I was not finding until I clicked the full Table of Contents button:
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-06/civilcomplaintchecklist.pdf
These ones I looked up for a person in New Hampshire for a Family Court case:
“How to Enforce a Court Order”
https://www.courts.nh.gov/our-courts/circuit-court/family-division/divorceparenting/how-enforce-court-order
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/petition-for-contempt.pdf
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2199-f.pdf
https://www.courts.nh.gov/our-courts
NH Superior Court Rule 52, Rule 52. Enforcement, Contempt, Arrest:
https://www.courts.nh.gov/rules-superior-court-state-new-hampshire
FYI I was looking at the rules for superior court… and I was seeing in rule 9, “Answers; Defenses; Forms of Denials”, in (c) it says if you had not requested a jury trial when filing it would be considered a waiver and loss of the right to do so. It also mentions in there 30 day time limits mostly to appeal court decisions to higher courts and so on.
On the NH Court Webpage on which court to file in it says:
“Basic Facts
The District Division of the Circuit Court can hear civil cases involving requests for money damages. The damages may not exceed $25,000. If damages exceed $25,000, the case must be filed in the Superior Court. If damages are $10,000 or less, a Small Claim may be filed.
Civil Complaints may be filed in the District Division. The NH Supreme Court recently issued new court rules for these actions. In addition, it is important to be familiar with the general Rules of the Circuit Court District Division.”
https://www.courts.nh.gov/our-courts/circuit-court/district-division/civil-cases
So it refers to the “general Rules of the Circuit Court District Division” which we should be familiar with here:
“GENERAL RULES” 1.1 to 1.28…
https://www.courts.nh.gov/rules-circuit-court-state-new-hampshire-district-division#
So we need those “general rules” and these ones, Rule 1 thru 55 for Civil Suits in Superior Court:
https://www.courts.nh.gov/rules-superior-court-state-new-hampshire
So the ones I was looking at were the ones referred to in the instructions page for cases $10,000 to $25,000 for District Court then:
https://www.courts.nh.gov/our-courts/circuit-court/district-division/civil-cases
The reference there to “new rules” 3.1 to 3,52 are these ones then, for the District Court, Electronic Filing:
“CIVIL RULES APPLICABLE TO CASES FILED ON OR AFTER THE IMPLEMENTATION OF ELECTRONIC FILING IN CIVIL CASES IN THE DISTRICT DIVISION”
https://www.courts.nh.gov/rules-circuit-court-state-new-hampshire-district-division#page-id-5501
So the “general Rules of the Circuit Court District Division” 1.1 to 1.28 might not really be relevant for the most part to your case unless certain things happen which those “general rules” govern.
Especially useful here are the first ones in the list for Superior Court “CIVIL RULES”, especially the first 13, and 7-9 for filing the civil suit to start in Superior Court (these are the most likely to need at that point):
https://www.courts.nh.gov/rules-superior-court-state-new-hampshire
Here are Superior Court Forms:
https://www.courts.nh.gov/our-courts/superior-court/forms/civil-forms
And their Civil Complaint form (which shows what we need in it, but I think examples I have which were actually filed by law firms are better):
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2688-se.pdf
This might be useful: “CASE STRUCTURING AND ADR ORDER
(See Superior Court Civil Rules 5 and 32)”
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2700-se.pdf
Oh I finally found the page for self help instructions for civil cases in NH Superior court, here:
https://www.courts.nh.gov/our-courts/superior-court/civil
THIS LOOKS ESPECIALLY HELPFUL FOR FILING SUIT IN NH SUPERIOR COURT WITHOUT A LAWYER:
“Court Service Center
New Hampshire Superior Court
(06/20/2013)
REPRESENTING YOURSELF IN COURT”
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/prose.pdf
And court rules for the Circuit, District, and Superior court:
https://www.courts.nh.gov/resources/court-rules
And you might use some of the NH Laws in the RSA for the Superior Court instead here:
Title 491 – Superior Court
https://law.justia.com/codes/new-hampshire/2020/title-li/title-491/
Maybe you might need some like these:
“Section 491:8 – Actions Against State.”
“491:24 Civil Suits Against Municipal Officials.”
In NH cases you might need some of these “General Rules” (when certain things happen which they govern):
So this first page again is the basic instructions where all these other links came from initially, then the Checklist for Civil Suits again, and where all the court rules are…
https://www.courts.nh.gov/our-courts/circuit-court/district-division/civil-cases
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-06/civilcomplaintchecklist.pdf
And here is a link to that Case “In re Guardianship of B.C.”:
https://law.justia.com/cases/new-hampshire/supreme-court/2021/2021-0199.html
“Petitioner appeals a circuit court order denying her petition for guardianship of her great-nephew, a minor child, pursuant to RSA chapter 463 (2018 & Supp. 2020). On appeal, petitioner challenged the circuit court’s determination that she could not obtain guardianship because the New Hampshire Division for Children, Youth and Families (DCYF) already had legal custody of the child as a result of ongoing abuse and neglect proceedings. After review, the New Hampshire Supreme Court concluded that an award of legal custody pursuant to RSA chapter 169-C did not preclude the appointment of a guardian pursuant to RSA chapter 463. Accordingly, judgment was vacated and the case remanded for further proceedings.”
(Also FYI It was not pasting as Clickable links, and I just learned, if you highlight the URL and press Ctrl+K it makes it into a clickable link. FYI)
SOME SPECIFIC NEW HAMPSHIRE LAWS I WAS LOOKING UP FOR A PERSON WITH A GUARDIANSHIP CASE IN PROBATE COURT WHICH MIGHT HELP PEOPLE IN SIMILAR CASES:
“New Hampshire Code of Administrative Rules
He – Department of Health and Human Services
He-M – Former Division of Mental Health and Developmental Services
CHAPTER He-M 500 – DEVELOPMENTAL SERVICES
PART He-M 525 – PARTICIPANT DIRECTED AND MANAGED SERVICES
He-M 525.01 – Purpose and Scope”
https://regulations.justia.com/states/new-hampshire/he/he-m/chapter-he-m-500/part-he-m-525/he-m-525-01/
“PART He-M 525 PARTICIPANT DIRECTED AND MANAGED SERVICES
Statutory Authority: New Hampshire RSA 171-A:3; RSA 171-A:18, IV; RSA 137-K:3, IV
He-M 525.01 Purpose and Scope.
(a) The purpose of these rules is to establish minimum standards for participant directed and
managed services for individuals who have a developmental disability or acquired brain disorder.
(b) Participant directed and managed services (PDMS) enable individuals who have a
developmental disability or acquired brain disorder to direct their services and to experience, to the greatest
extent possible, independence, community inclusion, employment, and a fulfilling home life, while
promoting personal growth, responsibility, health, and safety.
(c) These rules shall not apply to individuals who receive services under He-M 524, in-home
supports.
(d) Nothing in these rules shall supersede the provisions of He-M 503.08 regarding service
guarantees for persons with developmental disabilities.
He-M 525.02 Definitions.
(a) “Area agency” means “area agency” as defined under RSA 171-A:2, I-b.
…”
So that rule above is:
“CHAPTER He-M 500 DEVELOPMENTAL SERVICES
Readopt with amendment He-M 525.01 through He-M 525.06, effective 3-22-11 (Document #9890-A),
cited and to read as follows:
PART He-M 525 PARTICIPANT DIRECTED AND MANAGED SERVICES
Statutory Authority: New Hampshire RSA 171-A:3; RSA 171-A:18, IV; RSA 137-K:3, IV
He-M 525.01 Purpose and Scope.
…”
https://law.justia.com/codes/new-hampshire/2020/title-xii/title-171-a/ “2020 New Hampshire Revised Statutes, Title XII – PUBLIC SAFETY AND WELFARE, Chapter 171-A – SERVICES FOR THE DEVELOPMENTALLY DISABLED”
https://law.justia.com/codes/new-hampshire/2020/title-x/title-137-k/ “Title 137-K – Brain and Spinal Cord Injuries”
https://www.dhhs.nh.gov/oos/bhfa/documents/hem517.pdf “TABLE OF CONTENTS, CHAPTER He-M 500 DEVELOPMENTAL SERVICES”
“New Hampshire Code of Administrative Rules
He – Department of Health and Human Services
He-M – Former Division of Mental Health and Developmental Services
CHAPTER He-M 500 – DEVELOPMENTAL SERVICES
PART He-M 525 – PARTICIPANT DIRECTED AND MANAGED SERVICES
He-M 525.01 – Purpose and Scope”
https://regulations.justia.com/states/new-hampshire/he/he-m/chapter-he-m-500/part-he-m-525/he-m-525-01/
“…
(a) Summary of what the rule says and of any proposed amendments:
He-M 525 specifies minimum standards for participant directed and managed services (PDMS) for
individuals who have a developmental disability or acquired brain disorder, to enable individuals to
direct the services they receive to the greatest extent possible. …”
https://www.dhhs.nh.gov/oos/aru/documents/hem525ip.pdf
FORTUNATELY THESE NH LAWS DO REQUIRE THE STATE TO DO WHAT IS ACTUALLY IN THE BEST INTEREST OF THE PERSON BEING ASSIGNED A ‘GUARDIAN’ AND THAT THE FAMILY MEMBERS SHOULD BE THE FIRST CHOICE, THAT THE STATE IS ONLY FOR WHEN THERE IS NO FAMILY CAPABLE, AND THE PARENTS SHOULD BE ABLE TO CHOOSE WHAT HAPPENS TO THEIR CHILD AND ACCESS THEIR CONFIDENTIAL RECORDS AND SO ON. SO THE COURTS SHOULD ONLY GO AGAINST THE PARENTS’ WILL WHEN THERE IS ‘PROBABLE’ EVIDENCE IT WOULD BE HARMFUL TO THE “DEPENDANT CHILD”:
So I see in the Rule 525 Purpose and Scope of these Area Agencies the part where it describes how they must care for dependent people. Thats an important part of these NH Laws for Guardianship cases.
And especially the relevant NH laws:
Title 463 – Guardianship of Minors and Estates of Minors
https://law.justia.com/codes/new-hampshire/2020/title-xliv/title-463/
Title 171-A – Services for the Developmentally Disabled
https://law.justia.com/codes/new-hampshire/2020/title-xii/title-171-a/
“XII. “Least restrictive environment” means the program or service which least inhibits a client’s freedom of movement, informed decisions and participation in the community, while achieving the purposes of habilitation and treatment.”
https://law.justia.com/codes/new-hampshire/2020/title-xii/title-171-a/section-171-a-2/
SOME HELPFUL COURT CASES FOR EXAMPLES AND INFORMATION:
David Meehan et al v. State of New Hampshire, Department of Health and Human Services & a. | New Hampshire Judicial Branch
https://www.courts.nh.gov/media/requested-cases/civil/david-meehan-et-al-v-state-new-hampshire-department-health-and-human
So here is the actual complaint we can use as example and evidence to show these agencies are “abusive”:
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-08/011120meehancomplaint.pdf
This is a site showing what is considered when they do an investigation…
https://www.dlc-ma.org/our-pa-authority/#eighteentext
This woman is now in federal court suing these people and she is probably going to be very successful at doing so:
Indictment of Janet Delfuoco for Threats Made Against Members of the Judiciary | News Release | NH Department of Justice
https://www.doj.nh.gov/news/2018/20180126-janet-delfuoco-indictment.htm
We Need Help to Spread this Story – Not Guilty on All Charges – Granite Grok
https://granitegrok.com/mg_manchester/2020/07/we-need-help-to-spread-this-story-not-guilty-on-all-charges
“If you have experienced or witnessed any” abuse by these agencies this lady is filing a suit and “will find a time to talk by phone”: NancyRobinWeiss@gmail.com
And the relevant RSAs it mentions in the intro paragraph:
http://www.gencourt.state.nh.us/rsa/html/XII/169-C/169-C-mrg.htm (CHILD PROTECTION ACT)
http://www.gencourt.state.nh.us/rsa/html/XLIV/463/463-mrg.htm (GUARDIANSHIP OF MINORS AND ESTATES OF MINORS)
Regarding “Area Agencies” like these places which have “Guardianship” over incapacitated persons:
https://law.justia.com/codes/new-hampshire/2016/title-xii/chapter-171-a/section-171-a-2/
And if you want again the link to the example motion form for these courts, and Superior Court Rules we may need for this:
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2839-se.pdf
https://www.courts.nh.gov/rules-superior-court-state-new-hampshire
Ok here is a bunch of links for preparing a lawsuit in NH I have found so far, instructions and where to file and help preparing the right forms and so on, for a guardianship case:
This page seems to be instructions for filing into an existing guardianship case, and it says it will generate forms for you depending on what you are asking to file:
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-05/nhjb-3019-fpe.pdf
And I was also looking at this Civil Complaint Checklist:
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-06/civilcomplaintchecklist.pdf
And here is a form for “Checklist for Filing a Guardianship of Incapacitated Person Case (person only)”:
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-06/034egdninc-person.pdf
I got that form from this page:
https://www.courts.nh.gov/resources/electronic-services/circuit-court/self-represented-parties-and-other-non-attorney-filers
“The District Division of the Circuit Court can hear civil cases involving requests for money damages. The damages may not exceed $25,000. If damages exceed $25,000, the case must be filed in the Superior Court. If damages are $10,000 or less, a Small Claim may be filed.”
https://www.courts.nh.gov/our-courts/circuit-court/district-division/civil-cases
Lets look at which laws to cite for “Venue” and “Jurisdiction” like that example…
The NH Constitution for one thing here:
“Part 2, Form of Government, Judiciary Power, New Hampshire State Constitution.”
https://www.nh.gov/glance/judicial.htm
https://law.justia.com/codes/new-hampshire/2020/title-li/title-490-f/
“502-A:16 Venue in Civil Causes. – Actions shall be returnable to the district court of the judicial district where either plaintiff or defendant resides…”
(Btw it then mentions “Actions Against Tenants” under RSA 540 which is not relevant then)
https://law.justia.com/codes/new-hampshire/2020/title-li/title-502-a/section-502-a-16/
Here is an RSA addressing that (the amount of money being demanded affects which court and whether a jury is an option):
“502-A:15 Jury Trial. –”
https://law.justia.com/codes/new-hampshire/2020/title-li/title-502-a/section-502-a-15/
That jury trial NH Law refers to this one too:
“502-A:14 Civil Causes.”
https://law.justia.com/codes/new-hampshire/2020/title-li/title-502-a/section-502-a-14/
It says: “upon the entry of any action for damages under RSA 502-A:14, II or II-a …the cause shall be at once transferred to the superior court for the county or judicial region in which the court is located…”. So those sections are for:
“…
II. Concurrent Jurisdiction. All district courts shall have concurrent jurisdiction with the superior court of civil actions for damages in which the damages claimed do not exceed $25,000, the title to real estate is not involved and the plaintiff or defendant resides within the district where such court is located. In all such actions, unless trial by jury is claimed as provided in RSA 502-A:15, the parties shall be heard by the justice, associate justice or special justice, who shall make findings of fact which shall be final. Questions of law may be transferred to the supreme court in the same manner as from the superior court.
II-a. Expanded Concurrent Jurisdiction. …”
https://law.justia.com/codes/new-hampshire/2020/title-li/title-502-a/section-502-a-14/
That CivilComplaintCheckList.pdf mentions RSA 502-A for more info on the Civil Court Process:
Title 502-A – District Courts
https://law.justia.com/codes/new-hampshire/2020/title-li/title-502-a/
Here I’ll share again those links I put together for the NH Court rules and forms and instructions for all this, and I just looked up this general motion form here: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2839-se.pdf
So the “general Rules of the Circuit Court District Division” 1.1 to 1.28 seem to not really be relevant for the most part to your case right now, unless certain things happen which those “general rules” govern.
It seems the main ones we will need right now are the first ones in the list for Superior Court “CIVIL RULES”, especially the first 13, and 7-9 for this point (filing the civil suit to start in Superior Court, these are the most likely for us to need at this point):
https://www.courts.nh.gov/rules-superior-court-state-new-hampshire
Here are Superior Court Forms:
https://www.courts.nh.gov/our-courts/superior-court/forms/civil-forms
And their Civil Complaint form (which shows what we need in it, but I think examples I have actually filed by lawfirms are better):
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2688-se.pdf
This might be useful: “CASE STRUCTURING AND ADR ORDER
(See Superior Court Civil Rules 5 and 32)”
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/nhjb-2700-se.pdf
Oh I finally found the page for self help instructions for civil cases in NH Superior court, here:
https://www.courts.nh.gov/our-courts/superior-court/civil
THIS LOOKS ESPECIALLY HELPFUL FOR FILING SUIT IN NH SUPERIOR COURT WITHOUT A LAWYER:
“Court Service Center
New Hampshire Superior Court
(06/20/2013)
REPRESENTING YOURSELF IN COURT”
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-04/prose.pdf
And court rules for the Circuit, District, and Superior court:
https://www.courts.nh.gov/resources/court-rules
And we might use some of the NH Laws in the RSA for the Superior Court instead here:
Title 491 – Superior Court
https://law.justia.com/codes/new-hampshire/2020/title-li/title-491/
But at the moment I dont think I see any we need here right now.
Maybe we might need some like these:
“Section 491:8 – Actions Against State.”
“491:24 Civil Suits Against Municipal Officials.”
SO WHAT I WAS LOOKING AT WAS FOR DISTRICT COURT, AND WE DONT REALLY NEED THIS PART (Except we might need some of these “General Rules” if certain things happen which they govern)…
So this first page again is the basic instructions where all these other links came from initially, then the Checklist for Civil Suits again, and where all the court rules are…
(But see this page is for District Court but we’re in Superior, though I am trying to find a similar page for the Superior Court….there its above here now)
https://www.courts.nh.gov/our-courts/circuit-court/district-division/civil-cases
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-06/civilcomplaintchecklist.pdf
(So ^this^ District Div. civil complaint checklist is not the right one then, now I put the links to Superior Ct. above)
MORE USEFUL “SOURCES OF AUTHORITY” FOR VARIOUS OTHER NEEDS AND PURPOSES:
REGARDING “BURDEN OF PROOF” WHICH IS ON THE ONE ALLEGING, NOT THE ONE DEFENDING, CLEARLY:
Recent NJ Supreme Court Ruling how courts may not “shift the burden of proof” to Defendants to prove something did not happen, which clearly violates “due process of law”, “probable cause” requirements for all “searches and seizures” and “criminal prosecutions”, etc.:
“New Jersey Division of Child Protection and Permanency v. J.R.-R. and G.R.-R.” (November 9, 2020 — Decided September 27, 2021)…
https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_56_57_19.pdf
Regarding burden of proof case in MA
http://alexnesson.com/guardianship-case-regarding-the-burden-of-proof-to-vacate-a-guardianship/
US CODES RELATING TO WRONGFUL DISCLOSURES OF INFORMATION:
In US Codes title 18 is for Criminal and 42 for Civil suits and so on, so thats not criminal if in title 42 most likely, from this Section:
“Title 42. THE PUBLIC HEALTH AND WELFARE Chapter 7. SOCIAL SECURITY Subchapter XI. GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION Part C. Administrative Simplification”…
” 42 U.S. Code § 1320d–6 – Wrongful disclosure of individually identifiable health information
https://www.law.cornell.edu/uscode/text/42/1320d-6 “
“42 U.S. Code § 1320d–5 – General penalty for failure to comply with requirements and standards”
https://www.law.cornell.edu/uscode/text/42/1320d-5 “
This is for Social Security, but it looks like also for Federal Health Care Services in General, this part is relevant:
“42 U.S. Code § 1320c–9 – Prohibition against disclosure of information
https://www.law.cornell.edu/uscode/text/42/1320c-9 “
If you go up higher you can see this part applies to all sorts of Federal Health Care Services here:
https://www.law.cornell.edu/uscode/text/42/chapter-7
INFO REGARDING WHAT EVIDENCE CAN AND CANNOT BE USED SUCH AS “HEARSAY”:
If this helps, what circumstantial and hearsay evidence are and when they can and cant be used:
The Difference Between Hearsay and Circumstantial Evidence – Mark Catanzaro (catanzarolaw.com)
https://catanzarolaw.com/2021/06/difference-between-hearsay-and-circumstantial-evidence/
Hearsay evidence in affidavits (linkedin.com)
https://www.linkedin.com/pulse/hearsay-evidence-affidavits-gavin-jay-anand-jayapal
Circumstantial Evidence: Definition, Types & Examples – Video & Lesson Transcript | Study.com
https://study.com/academy/lesson/circumstantial-evidence-definition-types-examples.html