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Thread: R4C on Order to Desist R4C's

  1. #1

    R4C on Order to Desist R4C's

    This is a bit revealing, and entertaining as while the Document says ORDER, the clerk has it registered on PACER as an "opinion". - Just a federal judge's opinion folks...

    Click Here to View.

    Here is my opportunity to share how delightful it is to check the account summary and find a balance of $00.00 even though I like to download suitors' process regularly. Somebody realized that PACER should not be charging at all, being a government publication service and they opened up a Cloud (I believe) calling it Public Archive. NOTICE: RECAP it turns out is not free. It loads to "Public Archives" and is free from there but PACER charges for the initial download! Once you download the free document it becomes available for free from this public archive too! RECAP is a browser tool you load on to your browser.

    Read the clerk instruction and note the next time a suitor encounters resistance to publication (Record Forming) I will instruct that he or she add the demand the clerk publish it on PACER too. Notice that the R4C is marked as FILED by the US Clerk of Court. For now however, it would seem the clerk feels publication on PACER is at the discretion of the court.


    Regards,

    David Merrill.
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    Last edited by David Merrill; 07-06-14 at 12:06 AM.

  2. #2
    That Judge must have been in a hurry because he forgot to sign it.

  3. #3
    Quote Originally Posted by LearnTheLaw View Post
    That Judge must have been in a hurry because he forgot to sign it.
    The judge's name was typewritten on the signature line. I sanitized it well...

    David,

    This morning I have news of federal refund (attached) as result of lawful money tax return filing. Have wonderful example docs from start to finish, just need to sanitize. So a big THANK YOU! there.

  4. #4
    Naturally it couldn't be a true "order" because there was no stipulation of the parties. These administrative courts require stipulations.

    All law is contract and contract makes the law!

    From Bouvier's; http://www.constitution.org/bouv/bouvier_s.htm

    STIPULATION, contracts. In the Roman law, the contract of stipulation was made in the following manner, namely; the person to whom the promise was to be made, proposed a question to him from whom it was to proceed, fully expressing tho nature and extent of the engagement and, the question so proposed being answered in the affirmative, the obligation was complete.

    2. It was essentially necessary that both parties should speak, (so that a dumb man could not enter into a stipulation) that the person making the promise should answer conformably to the specific question, proposed, without any material interval of time, and with the intention of contracting an obligation.

    3. From the general use of this mode of contracting, the term stipulation has been introduced into common parlance, and, in modern language, frequently refer's to any thing which forms a material article of an agreement; though it is applied more correctly and more conformably to its original meaning to denote the insisting upon and requiring any particular engagement. 2 Evans' Poth. on Oblig. 19.

    4. In this contract the Roman law dispensed with an actual consideration. See, generally, Pothier, Oblig. P. 1, c. 1, s. 1, art. 5.

    5. In the admiralty courts, the first process is freq uently to arrest the defendant, and then they take the recognizances or stipulation of certain fide jussors in the nature of bail. 3 Bl. Comm. 108; vide Dunlap's Adm. Practice, Index, h. t.

    6. These stipulations are of three sorts, namely: l. Judicatum solvi, by which the party is absolutely bound to pay such sum as may be adjudged by the court. 2 De judico sisti, by which he is bound to appear from time to time, during the pendency of the suit, and to abide the sentence. 3. De ratio, or De rato, by which he engages to ratify the acts of his proctor: this stipulation is not usual in the admiralty courts of the United States.

    7. The securities are taken in the following manner, namely: 1. Cautio fide jussoria, by sureties. 2. Pignoratitia; by deposit. 3. Juratoria, by oath: this security is given when the party is too poor to find sureties, at the discretion of the court. 4. Aude promissoria, by bare promise: this security is unknown in the admiralty courts of the United States. Hall's Adm. Pr. 12; Dunl. Adm. Pr. 150, 151. See 17 Am. Jur. 51.

  5. #5
    Quote Originally Posted by EZrhythm View Post
    Naturally it couldn't be a true "order" because there was no stipulation of the parties. These administrative courts require stipulations.
    For not limited to administrative purposes the judge is free to issue an order sua sponte.

    http://en.wikipedia.org/wiki/Sua_sponte

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