Dear Freedom Fighters, Do not make me sorry for doing this.
I have done my best to make this remedy available to you and please read the laws I have provided below and attached first. Rewrite the document in your own words and file it if you wish to intervene with your own Declaration of facts and exhibits. Please do not make it long and drawn out and oppressive for the Court. Make it simple and concise use Rule 8 as your guide on simple and concise statements of pleadings.
It would be very nice if someone else would step in and help a little bit with all of these pleadings to be made, but, don't count on it. Please show respect for this Court in Nevada. Please do not use this to harass anyone. I have already sent out my Writ of Prohibition, but I will do it again along with the Rule 8 Document as soon as I send this off to you. Read that first so that you can see what has been filed there is no need for you to re-plead everything that has already been pleaded. I am doing this to help protect you from the illegal use of your names and to help you to find a remedy before you get wrapped up in a net like me. Don't hurt me with it. Proceed thoughtfully and carefully and make this even shorter if you can. But, this is a chance for you to protect yourselves, and, state your claim for relief before they come after you. Whatever happens here is Appealable to the Supreme Court.
Dear "Big Shots" - I do not pretend to be a lawyer I am an artist fighting all by myself on several fronts to stay out of jail and to survive, while trying to protect people I promised to help protect. So, unless you are willing to rewrite this and actually do something to help do not bother me with your ridicule and your armchair quarterback wisdom, critique, and guidance.
Please Read the Application For Writ of Prohibition already filed by the Nevada State Claimants, and then
Please find the Intervenor Document for those who wish to intervene in the Nevada State Court 1st Amendment Writ of Prohibition which will be heard on May 4th at 9:00 a.m. Here in Las Vegas If your name was seized in the raid on Freedom Books and if you have a question on authority, jurisdiction, 1st Amendment right to freely associate, redress of grievance, and, particularly if you have received threatening Notices or have been threatened with criminal prosecution or have had money taken from a 3rd party without administrative due process or you want the judicial determination of your rights accordingly under the Declaratory Judgments Act, you have standing in this lawsuit against the United States and/or United States of America. You must file your intervenor document before May 4, 2004 and I have attached a Rule 8 guideline on how to make your pleadings short and concise. This does not have to be difficult Read the laws carefully and read what has already been filed. You need only say what relief you are entitled to, and you do not need to make long pleadings. See Rule 8 for guidance.
Below, please find the Nevada Statutes entitling you to relief. A document is attached which you may work with and you may attach to your filing a copy of a Notice of Levy or Lien or W-4 Letter or frivolous letter or Court pleadings where your association with Irwin has been used to prejudice your case.
I do not know if there is a filing fee for this. Perhaps someone will call the Clerk of the Clark County Courthouse to find out. I have already paid the filing fee for the Writ. Please distribute to anyone you know that may want to join this action in Nevada under this circumstance. Thank you, Cindy
Here are the relevant laws and links so that you may begin understanding how to join in the case in Nevada on May 4th, 2004 where the State Court will hear our Petition for Writ of Prohibition and Motion for declaratory judgment Judicial Declaration of Rights Illegal seizure of property and jurisdiction and authority arguments. The Hearing will be in Department IV in the Clark County Courthouse, 200 South Third Street, at 9:00 a.m. I will send you a Writ so you can see what was filed. You may intervene no matter where you live because your name was seized in the raid at Freedom Books and therefore, whatever happens to us will be used against you if we do not win our cases. This is how you have standing to intervene. You may even submit cross claims. So, if you have had any money taken from you, or a Notice of Lien or a W-4 Letter or an adverse determination from a CDP hearing or audit, and you are a customer of Freedom Books, you have a standing to intervene or join as a Plaintiff in the State Case.
Pass it around to those you know who may want to join in.
NRS 1.030 Application of common law in courts. The common law of England, so far as it is not repugnant to or in conflict with the Constitution and laws of the United States, or the Constitution and laws of this state, shall be the rule of decision in all the courts of this state.
[1911 CPA § 532; RL § 5474; NCL § 9021]
NRS 12.130 Intervention: Right to intervene; procedure, determination and costs.
1. Before the trial, any person may intervene in an action or proceeding, who has an interest in the matter in litigation, in the success of either of the parties, or an interest against both.
2. An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant.
3. Intervention is made as provided by the Nevada Rules of Civil Procedure.
4. The court shall determine upon the intervention at the same time that the action is decided. If the claim of the party intervening is not sustained, he shall pay all costs incurred by the intervention.
[Part 1911 CPA § 64; RL § 5006; NCL § 8563]
NRS 30.010 Short title. NRS 30.010 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec010> to 30.160 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec160> , inclusive, may be cited as the Uniform Declaratory Judgments Act.
[16:22:1929; NCL § 9455]
NRS 30.020 "Person" defined. "Person" wherever used in NRS 30.010 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec010> to 30.160 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec160> , inclusive, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.
[13:22:1929; NCL § 9452]
NRS 30.030 Scope. Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declarations shall have the force and effect of a final judgment or decree.
[1:22:1929; NCL § 9440]
NRS 30.060 Declaration of rights in certain cases. Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic or insolvent, may have a declaration of rights or legal relations in respect thereto:
1. To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or
2. To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
3. To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
[4:22:1929; NCL § 9443]
NRS 30.070 Enumeration not exclusive. The enumeration in NRS 30.040 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec040> , 30.050 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec050> and 30.060 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec060> does not limit or restrict the exercise of the general powers conferred in NRS 30.030 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec030> in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
[5:22:1929; NCL § 9444]
NRS 30.080 Discretion of court to render or enter judgment. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
[6:22:1929; NCL § 9445]
NRS 30.090 Review. All orders, judgments and decrees under NRS 30.010 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec010> to 30.160 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec160> , inclusive, may be reviewed as other orders, judgments and decrees.
[7:22:1929; NCL § 9446]
NRS 30.100 Supplemental relief. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
[8:22:1929; NCL § 9447]
NRS 30.110 Jury trial. When a proceeding under NRS 30.010 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec010> to 30.160 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec160> , inclusive, involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
[9:22:1929; NCL § 9448]
NRS 30.120 Costs. In any proceeding under NRS 30.010 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec010> to 30.160 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec160> , inclusive, the court may make such award of costs as may seem equitable and just.
[10:22:1929; NCL § 9449]
NRS 30.130 Parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General shall also be served with a copy of the proceeding and be entitled to be heard.
[11:22:1929; NCL § 9450]
NRS 30.140 Construction. NRS 30.010 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec010> to 30.160 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec160> , inclusive, are declared to be remedial; their purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations; and are to be liberally construed and administered.
[12:22:1929; NCL § 9451]
NRS 30.150 Severability. The several sections and provisions of NRS 30.010 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec010> to 30.160 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec160> , inclusive, except NRS 30.030 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec030> and 30.040 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec040> , are hereby declared independent and severable, and the invalidity, if any, or part or feature thereof shall not affect or render the remainder of such sections invalid or inoperative.
[14:22:1929; NCL § 9453]
NRS 30.160 Uniformity of interpretation. NRS 30.010 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec010> to 30.160 <http://www.leg.state.nv.us/nrs/NRS-030.html#NRS030Sec160> , inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
[15:22:1929; NCL § 9454]
The Rules Regarding Joinder Are Liberal
Modern procedural rules allow a party to join as many claims, counterclaims, cross-claims, and third party claims as he has against another party. Under the Federal Rules, the categories known as causes of action are done away with altogether. Parties may add as many claims as they wish. (See FRCP 18) The only restriction on joinder of claims in the federal courts is imposed by subject matter jurisdiction limitations. Thus in federal courts, each claim generally must have an independent basis for subject matter jurisdiction. Personal jurisdiction and venue also must be proper as to each claim. (Friedenthal § 6.6)
Joinder of Parties
FRCP 20 deals with permissive joinder of parties. The plaintiff has the option whether to join a party if the tests of Rule 20 are met. Rule 20(a) applies to joinder of both plaintiffs and defendants. It creates two tests for joinder. 1) There must be some question of law or fact common to all parties which will arise in the action. 2) There must be some right to relief asserted on behalf of each of the plaintiffs and against each of the defendants, relating to or arising out of a single transaction or occurrence or series of transactions or occurrences. These tests are cumulative and both of them must be satisfied to permit joinder. (Wright, §71) The purpose of Rule 20 is to promote trial convenience and expedite the final determination of disputes, thereby preventing multiple lawsuits.
Impleading Third Parties
FRCP 14 provides that a defendant can bring in as a third party defendant one claimed by the defendant to be liable to him for all or part of the plaintiff's claim against the defendant. The rule is not mandatory; defendant may refrain from impleader and assert his claim instead in an independent action if he prefers. (Wright, §76) In order to satisfy FRCP 14(a), any liability of a third-party defendant must necessarily be secondary or derivative to the liability of the original defendant.
Impleader seeks to assert a claim against someone who is not already a party to the action. It must involve a transfer of liability based on the plaintiff's original claim. Impleader of a third party because he is directly liable to the plaintiff in the original action is forbidden. E.g., a defendant sued for negligence cannot implead a third party whose negligence was totally responsible for plaintiff's injury. (Friedenthal §6.9)