1 Your name

2 Your address
[City, ST ZIP Code]
3

5 [COURT NAME]
6

7
[PLAINTIFF'S NAME], Case No.: [Number]
8
Plaintiff,
9
NOTICE OF MOTION
10 vs.
DISCOVERY OF EVIDENCE TO
11 SATISFY THE COURT’S
[DEFENDANT'S NAME],
REQUIREMENT OF PERSONAL
12
Defendant JURISDICTION OVER THE
13 RESPONDENT
14

15

16
NOTICE OF MOTION

17 DISCOVERY OF EVIDENCE TO SATISFY THE COURT’S

18
REQUIREMENT OF PERSONAL JURISDICTION OVER THE
19

20 RESPONDENT
21

22

23

24

25

26
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 1
 1 Comes now, [Type in your name] has received notice that he must
2
appear inside this court and participate in State title IV-D Child Support
3

4 Enforcement proceedings or he will be held in default, his license suspended and

5
may be arrested.
6

7
The alleged defendant is a living man with unalienable rights secured
8

9 by the law of the land and a State Citizen1 National2 as defined under 8 USC
10
1101(a)(21) and thereby he cannot be subjected to legal process3 inside a state
11
Court or administrative tribunal4 without his consent.
12

13

14
Furthermore, it is a published fact under Uniform Interstate Family

15 Support Act or UIFSA where is says the State requires consent under Article 2
16
Section 201(a)(1)(2) and thereby the undersigned has provided a published fact to
17
1

18
"One may be a citizen of a State and yet not a citizen of the United States. Thomasson v State, 15 Ind. 449; Cory v
19 Carter, 48 Ind. 327 (17 Am. R. 738); McCarthy v. Froelke, 63 Ind. 507; In Re Wehlitz, 16 Wis. 443."
Mc Donel v State, 90 Ind. Rep. 320 at pg 323;
2
20

21 8 U.S. Code § 1101. Definitions (21) The term “national” means a person owing permanent allegiance to a state.
3

22
42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar process in the
23 nature of garnishment— (A)which is issued by— (i)a court or an administrative agency of competent jurisdiction in
any State, territory, or possession of the United States;
4
24

25 Tribunal The court, administrative agency, or quasi-judicial agency authorized to establish or modify support
orders or to determine parentage.(Page 25) GLOSSARY OF COMMON
CHILD SUPPORT TERMS Office of Child Support Enforcement
26
https://www.acf.hhs.gov/sites/default/files/programs/css/child_support_glossary.pdf
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 2
 1 prove he has merit to require this court to provide proof that it has the required
2
personal jurisdiction over his body to force his appearance to participate in legal
3

4 process5 for child support enforcement proceedings under 42 USC Section 651-
5
669(b).
6

7
In accordance with Uniform Interstate Family Support Act the
8

9 defendant is required to file responsive document as a record the undersigned

10
alleged defendant is not waiving personal jurisdiction and thereby not submitting
11
to the jurisdiction of the state.
12

13

14

15 It is a fact the undersigned defendant’s consent was and is required to

16
submit to the jurisdiction of the state and thereby without evidence of the
17

18 defendant’s signature on a loan he cannot be held in default as claimed by this

19
court in the notice to appear.
20

21
Thereby, as a state citizen national this state court or administrative

22 tribunal is prohibited to deny due process by presuming the undersigned State

23
5
24

25 42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar process in the nature
of garnishment— (A)which is issued by— (i)a court or an administrative agency of competent jurisdiction in any
State, territory, or possession of the United States;
26
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 3
 1 Citizen National is a private person6 or person7 who may subjected to legal
2
process,8 quasi-judicial proceedings.9
3

4 This written response is proof the respondent is contesting that the

5
state court or administrative tribunal’s does not have personal jurisdiction and
6

7
thereby the respondent’s physical appearance is not required or this court or

8 tribunal must rebut the facts presented or must immediately discharge this matter
9
and cease and desist sending notices to appear.
10

11
This response is proof the respondent did not submit to the
12

13 jurisdiction of the court and thereby the respondent’s physical response is not
14
required.
15

16

17

18
6

19
42 USC SECTION 659 private person (4)The term “private person” means a person who does not have
20 sovereign or other special immunity or privilege which causes the person not to be subject to legal process.
7

21
42 USC § 1301(a)(3)The term “person” means an individual, a trust or estate, a partnership, or a corporation.
8
22

23 42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar process in the
nature of garnishment— (A)which is issued by— (i)a court or an administrative agency of competent jurisdiction in
24 any State, territory, or possession of the United States;
9

25
Quasi-judicial Definition 1) A proceeding conducted by an administrative or executive official that is similar to a
court proceeding, e.g. a hearing. A court may review a decision arising from a quasi-judicial proceeding. 2) A
26
judicial act performed by an official who is either not a judge or not acting in his or her capacity as a judge.
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 4
 1 The undersigned State Citizen is requiring discovery of evidence
2
introduced by the petitioner showing the petitioner suffered an injury in fact, and
3

4 proof the injury in fact was caused by the respondent.

5

6 The discovery evidence is required to prove respondent is a member

7
of the Uniformed Services or employed by a federal agency for the court or
8

9 administrative tribunal to have personal jurisdiction to force the appearance of the

10
undersigned respondent. to be subjected to Child support enforcement under
11
executive order 12953.
12

13

14
Without discovery evidence proving the respondent caused the

15 petitioner an injury in fact or the respondent is employed under the executive

16
branch of government, then the court or tribunal lacks personal jurisdiction and
17

18 must discharge this matter immediately.

19

20 THE UNDERSIGNED STATE CITIZEN IS REQUIRING

21
DISCOVERY OF EXCULPATORY EVIDENCE TO PROVE THE
22

23 RESPONDENT SUBMITTED TO THE JURISDICTION OF THE COURT

24
OR ADMINISTRATIVE TRIBUNAL TO PROVE THE COURT OR
25
TRIBUNAL HAS THE REQUIRED PERSONAL JURISDICTION TO
26
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 5
 1 SUBJECT THE UNDERSIGNED STATE CITIZEN TO PARTICIPATE IN
2
THE LEGAL PROCESS UNDER 42 USC SECTION 651-669(b) FOR THE
3

4 STATE’S PARTICIPATION TO RECEIVE AFDC10

5

6 1. The undersigned State Citizen is requiring discovery of exculpatory

7
evidence to prove he consented to participate in legal process under 42 USC
8

9 Section 651-669(b), whereas the undersigned State Citizen understands it, it

10
is an adjudicated fact the State’s participation to receive aid under AFDC is
11
voluntary and thereby the undersigned Sovereign State Citizen’s
12

13 participation is voluntary as well and his consent must be proven for this
14
court to have personal jurisdiction.
15

16
2. The undersigned State Citizen is requiring the court or administrative
17

18 tribunal to order the petitioner to provide discovery exculpatory evidence of

19
a promissory note for the repayment of a loan and thereby without the
20

21
discovery evidence of a promissory note the undersigned State Citizen

22
10

23
“Although state participation in the Social Security Act itself is mandatory, participation by a state in the IV-D
24 program is voluntary. It is enacted pursuant to the spending power of Congress. Case law interpretation of
Congress' power to legislate pursuant to the spending power has recognized that when Congress fixes the terms on
25 which it shall disburse federal money to the state, it is much in the nature of a contract: in return for federal funds,
the states agree to comply with federally imposed conditions.” Wehunt v. Ledbetter, 875 F. 2d 1558 - Court of
Appeals, 11th Circuit 1989
26
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 6
 1 cannot be held in default because there is no evidence to prove the
2
undersigned Sovereign State Citizen consented to a loan by signing a
3

4 promissory note.
5

6 3. The undersigned State Citizen is requiring the court to order the petitioner to
7
provide discovery of exculpatory evidence it served the respondent
8

9 personally with [citation, summons, notice] within this State as required by

10
Article 2 Section 201 BASES FOR JURISDICTION OVER
11
NONRESIDENT Uniform Interstate Family Support Act11.
12

13

14
4. The undersigned State Citizen is requiring the court to provide exculpatory

15 evidence to prove the respondent is employed by federal agency12or a

16
member of the Uniform Services13to force the respondent to be subjected to
17

18
11

19
UNIFORM INTERSTATE FAMILY SUPPORT ACT SECTION 201. BASES FOR JURISDICTION OVER
20 NONRESIDENT. (a) In a proceeding to establish, or enforce, or modify a support order or to determine parentage,
a tribunal of this State may exercise personal jurisdiction over a nonresident individual [or the individual’s guardian
21 or conservator] if: (1) the individual is personally served with [citation, summons, notice] within this State;
12

22
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 201. "Federal agency" means any authority as defined at
23 5 U.S.C. 105, including the Uniformed Services, as defined in section 202 of this order 5 U.S. Code § 105 -
Executive agency “For the purpose of this title, “Executive agency” means an Executive department, a Government
24 corporation, and an independent establishment.”
13

25
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 202. "Uniformed Services" means the Army, Navy,
Marine Corps, Air Force, Coast Guard, and the Commissioned Corps of the National Oceanic and Atmospheric
26
Administration, and the Public Health Service.
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 7
 1 involuntary wage withholding14 under section 101 of Executive Order 12953
2
and without this exculpatory evidence the court or tribunal lacks personal
3

4 jurisdiction to force the undersigned State Citizen to participate in child

5
support enforcement. 15
6

7
FACTS THAT SUPPORT THE RESPONDENT’S CLAIM THAT THIS
8

9 COURT OR TRIBUNAL LACKS PERSONAL JURISDICTION AND MUST

10
IMMEDIATELY DISCHARGE THIS PETITION
11

12
1. It is a fact [type in your name and remove brackets] is a man, a state citizen
13

14
and thereby as a state citizen he is unconditionally sovereign (not a

15 sovereign citizen) within this state and thereby he cannot be subjected to

16
legal process.16
17
14

18
Ex. Ord. No. 12953. Actions Required of all Executive Agencies To Facilitate Payment of Child Support Sec. 301.
19 Wage Withholding. (a) Within 60 days from the date of this order, every Federal agency shall review its procedures
for wage withholding under 42 U.S.C. 659 and implementing regulations to ensure that it is in full compliance with
20 the requirements of that section, and shall endeavor, to the extent feasible, to process wage withholding actions
consistent with the requirements of 42 U.S.C. 666(b). (b) Beginning no later than July 1, 1995, the Director of the
21 Office of Personnel Management (OPM) shall publish annually in the Federal Register the list of agents (and their
addresses) designated to receive service of withholding notices for Federal employees.
22
15

23
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013 Sec. 203. "Child support enforcement" means any
24 administrative or judicial action by a court or administrative entity of a State necessary to establish paternity or
establish a child support order, including a medical support order, and any actions necessary to enforce a child
25 support or medical support order. Child support actions may be brought under the civil or criminal laws of a State
and are not limited to actions brought on behalf of the State or individual by State agencies providing services under
title IV-D of the Social Security Act, 42 U.S.C. 651 et seq.
26 16

NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF

PERSONAL JURISDICTION OVER THE RESPONDENT - 8
 1 2. It is a fact [type in your name and remove brackets] is a man, a state citizen,
2
and thereby as a state citizen he is unconditionally sovereign (not a
3

4 sovereign citizen) within this state and thereby he cannot be subjected to

5 Child support enforcement by any administrative or judicial action by a

6
court or administrative entity of a State17 necessary to submit to paternity or
7

8 to establish a child support order, including a medical support order, and any

9 actions necessary to enforce a child support or medical support order.

10
3. It is an adjudicated fact18 for the court to have personal jurisdiction to
11

12
prosecute the undersigned state citizen there is a constitutional component

13 of standing, a plaintiff must have suffered an "injury in fact," ie, an invasion

14
of a legally protected interest19 and without proof of an injury in fact the
15
42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar process in the
16 nature of garnishment— (A)which is issued by— (i)a court or an administrative agency of competent jurisdiction in
any State, territory, or possession of the United States;
17 17

18 42 USC Section 1301 “State” means any of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States.
19
18

20
“Over the years, our cases have established that the irreducible constitutional minimum of standing contains three
21 elements. First, the plaintiff must have suffered an "injury in fact"—an invasion of a legally protected interest which
is (a) concrete and particularized, see id., at 756; Warth v. Seldin, 422 U. S. 490, 508 (1975); Sierra Club v.
22 Morton, 405 U. S. 727, 740-741, n. 16 (1972);[1] and (b) "actual or imminent, not `conjectural' or `hypothetical,' "
Whitmore, supra, at 155 (quoting Los Angeles v. Lyons, 461 U. S. 95, 102 (1983)). Second, there must be a causal
23 connection between the injury and the conduct complained of—the injury has to be "fairly. . . trace[able] to the
challenged action of the defendant, and not . . . th[e] result [of] the independent action of some third party not
24 before the court." Simon v. Eastern Ky. Welfare Rights Organization, 426 U. S. 26, 41-42 (1976). Third, it must be
"likely," as opposed to merely "speculative," that the injury will be "redressed by a favorable decision."” Id., at 38,
43. Lujan v. Defenders of Wildlife, 504 US 555 - Supreme Court 1992
25 19

26
Dubois v. US Dept. of Agriculture, 102 F. 3d 1273 - Court of Appeals, 1st Circuit 1996
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 9
 1 court or administrative tribunal lacks personal jurisdiction and must
2
immediately discharge or dismiss this matter.
3

4 4. It is a fact the undersigned State Citizen is not employed by a federal

5 agency20or a member of the Uniform Services21 and thereby it is a published-

6
fact22 that under Section101 of Executive Order 1295323the respondent
7

10

11

12

13
20
14
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 201. "Federal agency" means any authority as defined at
15 5 U.S.C. 105, including the Uniformed Services, as defined in section 202 of this order 5 U.S. Code § 105 -
Executive agency “For the purpose of this title, “Executive agency” means an Executive department, a Government
16 corporation, and an independent establishment.”
21

17
Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013, Sec. 202. "Uniformed Services" means the Army, Navy,
18 Marine Corps, Air Force, Coast Guard, and the Commissioned Corps of the National Oceanic and Atmospheric
Administration, and the Public Health Service.
19 22

20 Administration for Children & Families Archive Executive Order - Federal Government a Model Employer
Published: February 27, 1995 https://www.acf.hhs.gov/archive/css/resource/executive-order-federal-
21 government-a-model-employer
23

22
Ex. Ord. No. 12953. Actions Required of all Executive Agencies To Facilitate Payment of Child Support
23 Section 101. This executive order: (a) Establishes the executive branch of the Federal Government, through its
civilian employees and Uniformed Services members, as a model employer in promoting and facilitating the
24 establishment and enforcement of child support. (b) Requires all Federal agencies, including the Uniformed
Services, to cooperate fully in efforts to establish paternity and child support orders and to enforce the collection of
25 child and medical support in all situations where such actions may be required. (c) Requires each Federal agency,
including the Uniformed Services, to provide information to its employees and members about actions that they
should take and services that are available to ensure that their children are provided the support to which they are
26
legally entitled.
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 10
 1 cannot be subjected to Child Support Enforcement24 or IV-D Agency25Wage
2
withholding.26
3

4 5. It is a fact, that States participation in Title IV-D is voluntary27 to receive

5 federal funds under Aid to Families with Dependent Children (AFDC) and
6
therefore the IV-D Agency28is required to follow the guidelines under 42
7

8
24
9

10 Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013 Sec. 203. "Child support enforcement" means any
administrative or judicial action by a court or administrative entity of a State necessary to establish paternity or
11 establish a child support order, including a medical support order, and any actions necessary to enforce a child
support or medical support order. Child support actions may be brought under the civil or criminal laws of a State
and are not limited to actions brought on behalf of the State or individual by State agencies providing services under
12
title IV-D of the Social Security Act, 42 U.S.C. 651 et seq.
13 25

14
IV-D Agency means the single and separate organizational unit in the State that has the responsibility for
administering or supervising the administration of the State plan under title IV-D of the Act. 45 CFR 303.1
15 Definitions
26

16
Ex. Ord. No. 12953. Actions Required of all Executive Agencies To Facilitate Payment of Child Support Sec. 301.
17 Wage Withholding. (a) Within 60 days from the date of this order, every Federal agency shall review its procedures
for wage withholding under 42 U.S.C. 659 and implementing regulations to ensure that it is in full compliance with
18 the requirements of that section, and shall endeavor, to the extent feasible, to process wage withholding actions
consistent with the requirements of 42 U.S.C. 666(b). (b) Beginning no later than July 1, 1995, the Director of the
19 Office of Personnel Management (OPM) shall publish annually in the Federal Register the list of agents (and their
addresses) designated to receive service of withholding notices for Federal employees.
20
27

21
“Although state participation in the Social Security Act itself is mandatory, participation by a state in the IV-D
22 program is voluntary. It is enacted pursuant to the spending power of Congress. Case law interpretation of
Congress' power to legislate pursuant to the spending power has recognized that when Congress fixes the terms on
23 which it shall disburse federal money to the state, it is much in the nature of a contract: in return for federal funds,
the states agree to comply with federally imposed conditions.” Wehunt v. Ledbetter, 875 F. 2d 1558 - Court of
24 Appeals, 11th Circuit 1989
28

25
IV-D Agency means the single and separate organizational unit in the State that has the responsibility for
administering or supervising the administration of the State plan under title IV-D of the Act. 45 CFR 303.1
26
Definitions
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 11
 1 USC Sections 651-669(b)29 and therefore the consent by the respondent is
2
required to participate in Title IV-D program for Child Support
3

4 Enforcement.

5 6. It is a fact the undersigned is a Citizen of the state he was born and thereby
6
this court or administrative tribunal is prohibited to presume he is a citizen
7

8 of the United States30 and a sovereign citizen.

9 THE UNDERSIGNED HAS PROVIDED SUFFICIENT PUBLISHED

10
ADJUDICATED FACTS THAT PROVES THE UNDERSIGNED HAS
11

12 MERIT TO REQUIRE THE COURT OR TRIBUNAL TO PROVIDE

13
SPECIFIC EXCULPATORY EVIDENCE OR THE COURT LACKS
14
PERSONAL JURISDICTION AND MUST DISCHARGE THIS PETITION
15

16 IMMEDIATELY
17

18

19

20

21

22 29

23
Blessing v. Freestone, 520 US 329 - Supreme Court 1997 The structure of each State's Title IV—D agency, like
24 the services it provides, must conform to federal guidelines. For example, States must create separate units to
administer the plan, § 654(3), and to disburse collected funds, § 654(27), each of which must be staffed at levels set
by the Secretary, 45 CFR § 303.20 (1995)
25 30

26
28 USC Section 3002(15)
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 12
 1

4
Dated this [day] of [Month], [year].
5

6
signature
7 Print Your Name
8

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26
NOTICE OF MOTIONDISCOVERY OF EVIDENCE TO SATISFY THE COURT’S REQUIREMENT OF
PERSONAL JURISDICTION OVER THE RESPONDENT - 13