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19 views4 pages

Writofmandamus TEMPLATE

Uploaded by

amylpb11
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Brad-Everett: Aultman,

c/o 1234 Your Address Here


City, State, nearby [12345]

Brad-Everett: Aultman, by Special Appearance

IN THE 6TH DISTRICT COURT, STATE OF IOWA

)
)
STATE OF IOWA, ) Case No.: xxxxxxxxxx
)
)
Plaintiff, ) Demand for a Writ of Mandamus.
)
vs.
)
) Date: Appearance Date, 202
BRAD EVERETT AULTMAN, Time: Appearance Time
)
)
Aggrieved Defendant. )
____________________________________ )
_ ____________________________________
_

COMES NOW Brad-Everett: Aultman, Attorney in Fact for the above-mentioned Estate Trust,
hereinafter “Aggrieved Defendant”, to this Court with the following lawful Demand for a Writ
of Mandamus in the above-mentioned action on or before Appearance Date, 202 or as soon
thereafter as Aggrieved Defendant may be heard.

Respectfully submitted,

By: ________________________________ Dated: __________________


Attorney in Fact

STATEMENT OF THE FACTS AND MERITS

1. The Clerk, Clerk Name Here, having received Aggrieved Defendant's **DOCUMENT
NAME** on or about Date They Received, 2022, and **SECOND DOC NAME** on or about
Date They Received, 2022, and **THIRD DOC NAME** on or about Date They Received,
2022, with time now expired to file timely, has failed to record these documents into the matter
after being respectfully ordered to enter the above-titled documents into the record of the above-
mentioned matter.

DEMAND FOR A WRIT OF MANDAMUS


-1-
2. The attached Exhibit A contains evidence of the proofs of service to the Clerk’s office
and verified as delivered via certified mail by the United States Postal Service.

3. Said Clerk, having neglected or refused to enter the documents into the matter, now
therefore the Aggrieved Defendant demands that the writ of mandamus issue forth to mandate
the ministerial duty of the Clerk to enter the documents immediately.

MEMORANDUM OF LAW

1. Federal Rules of Civil Procedure, Rule 5 (d) states the following:


“(4) Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it
is not in the form prescribed by these rules or by a local rule or practice.” (italicized for
emphasis)

2. Title 18 United States Code, Section 2071 states the following:


“(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or
destroys, or attempts to do so, or, with intent to do so takes and carries away any record,
proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or
officer of any court of the United States, or in any public office, or with any judicial or public
officer of the United States, shall be fined under this title or imprisoned not more than three
years, or both.”
“(b) Whoever having the custody of any such record, proceeding, map, book, document,
paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies,
or destroys the same, shall be fined under this title or imprisoned not more than three years, or
both; and shall forfeit his office and be disqualified from holding any office under the United
States.” (italicized for emphasis)

3. Title 42 United States Code, Section 1985 states the following:

“(2) OBSTRUCTING JUSTICE; INTIMIDATING PARTY, WITNESS, OR JUROR -


If two or more persons in any State or Territory conspire to deter, by force, intimidation, or
threat, any party or witness in any court of the United States from attending such court, or from
testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or
witness in his person or property on account of his having so attended or testified, or to
influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or
to injure such juror in his person or property on account of any verdict, presentment, or
indictment lawfully assented to by him, or of his being or having been such juror; or if two or
more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any

DEMAND FOR A WRIT OF MANDAMUS


-2-
manner, the due course of justice in any State or Territory, with intent to deny to any citizen the
equal protection of the laws, or to injure him or his property for lawfully enforcing, or
attempting to enforce, the right of any person, or class of persons, to the equal protection of the
laws;”
(italicized for emphasis)

4. “A judgment is void if the court that rendered it lacked jurisdiction of the subject matter,
or of the parties, or acted in a manner inconsistent with due process.” –Klugh v. United States,
610 F. Supp. 892, 901

5. “Accordingly, it is settled law that delivery of a pleading to a proper official is sufficient


to constitute filing thereof.” –Freeman v. Giacomo Costa Fu Andrea, 282 F. Supp. 525, United
States v. Lombardo, 241 U.S. 73, 36 S. Ct. 508, 60 L. Ed. 897 (1916); Milton v. United States,
105 F.2d 253, 255 (5th Cir., 1939); Greeson v. Sherman, 265 F. Supp. 340 (D.C.Va.,1967)

CONCLUSION

Because the Clerk has made a discretionary and legal determination by refusing to file the
above-titled documents into the above-mentioned pending matter and supported by the attached
Exhibit A containing evidence of a proof of service to the Clerk, there is an obstruction of justice
for which the laws of the United States provide for punishment including incarceration and fines
upon the submission of a complaint by the Defendant to the Attorney General of the STATE OF
IOWA STATE. The above-referenced laws show that the Clerk cannot refuse to file a document
for form as the duties of the Clerk are ministerial (not judicial). THEREFORE, the Defendant
hereby demands that the Writ of Mandamus issue forth to mandate the Clerk to enter the
documents immediately or risk prosecution under the laws of the United States.

VERIFICATION

In Witness whereof, knowing the law of bearing false witness before God and men, I
solemnly affirm that I have read the foregoing and know the contents thereof to be true to the
best of my knowledge except as to the matters which are therein stated on my information or
belief, and as to those matters, I believe them to be true. These instruments are submitted upon
good faith belief that they are grounded in fact, warranted by existing law or a good faith
argument for the modification or reversal of existing law, and are submitted for proper purposes
and not to cause harassment and unnecessary delay or costs.

DEMAND FOR A WRIT OF MANDAMUS


-3-
Respectfully submitted without prejudice, U.C.C. § 1-308,

By: _____________________________________
Attorney in Fact for
BRAD EVERETT AULTMAN, Aggrieved Defendant

I, Brad-Everett: Aultman, certify that I have served the Plaintiff a true and correct copy of
this legal document on this / / , 202 , and that I also filed a copy of this legal
document with the Court Clerk on the above-specified date.

Submitted on this ______ day of , 202

By: _________________________________
Attorney in Fact

----------------------------------------------- LAST PAGE --------------------------------------------------

DEMAND FOR A WRIT OF MANDAMUS


-4-

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