Affidavit Of Affixation Missouri: Fill & Download for Free

Showing up in a clown’s outfit is more likely to get you into a whole heap of trouble. Here’s another approach.The jury summons generally includes unconstitutional language as well as terms for which the summing court cannot provide statutory support. You can get out of jury duty by bringing these deficiencies to the court’s attention. The letter below is not original with me. You may need to adjust it slightly to fit the jury summons that you received.Additionally, most jurisdictions required personal service of process in order to compel someone to appear in court. Posting a letter in the mail does not qualify as personal service. Thus, in most jurisdictions, you can simply toss the jury summons in the trash — better yet, burn it. Without personal service, they have no one who can testify in court that you received the summons. You may, however, get hauled into court on a bench warrant — at which point, you can ask to see their proof that you received the summons. DO NOT deny receiving it. Whether you received it or not is irrelevant. They have to be able to prove that you received it. Which they will not be able to do. However, you can avoid all of this mess with this handy letter:[Date][Your name and address][Name and address of jurisdiction who sent the summons — it’ll be on the summons.]Re: Juror Qualification Form [Or whatever yours is called]Dear Commissioners, [Or whoever is responsible for sending the summons.]I recently receive a “Juror Qualification Form.” It says, in pertinent part, “Please correctly complete the following statements, sign, and return.” I notice that I am expected to certify my answer. I also notice that penalties may be invoked upon me for my failure to comply. In light of these facts, and to ensure that I fully understand the legal terms being used on the “Juror Qualification Form,” I will need your office to provide me with certain information.A. Question 1 asks, “Are you a United States citizen?” Please provide me with the statutory definition that you are using for the term “United States citizen.” Please include the source of the definition used so that it may be seen in proper context.[Note: There is no statutory definition of United States Citizen. None.]B. Question 2 asks, “Do you live in Webster County?” Please provide me with the statutory definition that you are using for the term “live” in that question. Please include the source of the definition so that it may be seen in proper context.[Again, there is no statutory definition for the word “live.”]C. The final line of the “Juror Qualification Form” asks me to certify with my signature that the answers and statements that I provide are true. Please provide me with your authority to compel me to affix my signature to any document (including an affidavit) under any penalty whatsoever.[In fact, it is unconstitutional to required someone to sign any document under any penalty whatsoever. Thus, they will not be able to provide you with their authority to so compel you.]Please be careful to notice that I have not asked for legal advice. Certainly, you are not in a position to provide me with legal advice. Rather, this is a request for information that should be at your ready disposal.You may mail your response to the address shown at the top of this page. I appreciate your assistance in this matter.Sincerely,[Your signature][Your printed name]In most cases, that will be the end of it. At most, some years down the road, you may received another jury summons. Send them the same letter.I haven't received a jury summons in over 16 years.Nonetheless, the last time I used this letter (16 years ago), it didn’t work the first time. Here are the follow-up letters I send. From the body of my letters, you can surmise the content of the court’s letters.[I received a response from the clerk of the court. This next letter was addressed to the clerk.]Dear _____________,I notice that you began your letter with “RE: Excusal From Jury Duty.” Let’s set this straight immediately. I have not asked to be excused from jury duty. In fact, nothing in my letter dated 29 Nov ’11 even suggests such a desire on my part. Rather, I have asked for clarification of some of the terms in your “Juror Qualification Form” so that I might complete your form correctly. A copy of my questions is repeated below.In your letter dated 21 Dec ’11, you refer me to Chapter 494 of Missouri Revised Statutes. As I am sure both you and “the judge” are well aware, Chapter 494 of the Missouri Revised Statutes does not address any of my questions. Specifically, Chapter 494 of the Missouri Revised Statutes does not provide statutory definitions of the terms “United States citizen,” and “live,” nor does it provide the authority by which you may compel me to affix my signature to any document under any penalty whatsoever.Here, again, are my questions:A. Question 1 asks, “Are you a United States citizen?” Please provide me with the statutory definition that you are using for the term “United States citizen.” Please include the source of the definition used so that it may be seen in proper context.B. Question 2 asks, “Do you live in Webster County?” Please provide me with the statutory definition that you are using for the term “live” in that question. Please include the source of the definition so that it may be seen in proper context.C. The final line of the “Juror Qualification Form” asks me to certify with my signature that the answers and statements that I provide are true. Please provide me with your authority to compel me to affix my signature to any document (including an affidavit) under any penalty whatsoever.If you choose not to answer my questions, then I am unable to properly complete your form.Sincerely,[Clearly, the clerk was in over her head. So, I addressed my next letter to the judge.]Ms. ______ began her letter by stating, in pertinent part, “It is not this court’s responsibility to advise you as to common definitions.” In human discourse, it is always incumbent upon the party asking questions to provide definitions of terms. You have asked a series of questions on your form. I am asking you to define two of your terms. Further, the Missouri Legislature recognizes the need to provide definitions, as the statutes are replete with definitions.If by the statement, “It is not this court’s responsibility,” you meant it is someone else’s responsibility, then it’s a little late to be arguing jurisdiction. You accepted jurisdiction and responsibility by attempting to answer my original letter dated 29 November 2011 rather than referring me to the appropriate office.[Jurisdiction MUST ALWAYS be the FIRST issue raised — it CANNOT be raised later. If any response is given other than questioning jurisdiction, then the party has accepted the jurisdiction.]Ms. _________’s letter goes on to state, in pertinent part, “Federal Law defines ‘United States Citizen’ and I refer you to the entirety of federal law on that subject.” By referring me to the “entirety of federal law” you make clear the impetus behind my question. First, there is no specific statute, which addresses the definition of citizenship. If there were, you certainly would have referenced it. Second, federal law provides a fragmented and splintered definition, which does not reduce to a cohesive whole. Rather, it provides a multifaceted, vague, and nebulous definition.By referring me to the “entirety of federal law,” you are leaving it solely to my opinion. Therefore, based upon your instructions and for the purpose of your form, it is my opinion that I am not “a United States citizen.” I reserve the right to form a different opinion at a different time and in a different situation.In response to my request for a statutory definition for the term “live,” Ms. ________ referred me to State v Hicks, 3 SW. 1005 (1899 Mo Sup Ct.). This is not a statute; this is case law from 1899. The aforementioned case may or may not provide precedent during a trial. Even so, it lacks the authority of a statute and can only serve as a guide for the judge.My third question has yet to be addressed in any of the correspondence from your office. Again, by what authority do you compel me to affix my signature to any document (including an affidavit) under any penalty whatsoever?Finally, Ms. _________ quotes a Missouri Statute, in pertinent part, “a person…who willfully fails…to respond to the juror qualification form shall be in civil contempt of court.” This is yet another thinly veiled threat. Certainly, there can be no charge that I have willfully failed to respond; I have been in active discourse with your office regarding the definition of two terms used on your form and I have asked you to provide the authority by which you compel me to affix my signature under any penalty.I am convinced that if I were standing before you in your court and you asked me the questions I have asked you, that you would not accept the answers you have given me.Here, again, are my questions:A. Question 1 asks, “Are you a United States citizen?” Please provide me with the statutory definition that you are using for the term “United States citizen.” Please include the source of the definition used so that it may be seen in proper context.B. Question 2 asks, “Do you live in Webster County?” Please provide me with the statutory definition that you are using for the term “live” in that question. Please include the source of the definition so that it may be seen in proper context.C. The final line of the “Juror Qualification Form” asks me to certify with my signature that the answers and statements that I provide are true. Please provide me with your authority to compel me to affix my signature to any document (including an affidavit) under any penalty whatsoever.If you choose not to answer my questions, then I am unable to properly complete your form.Sincerely,I still live at the same address and I have not heard from them in over sixteen years. This is a small community even including the surrounding area.I firmly believe that jury duty is a privilege — but more than that, I do NOT tolerate bullies and bullying. Some of our exchange took place over the phone. I told the clerk that I would be happy to serve on a jury, but would not give in to being bullied. I told the clerk that if the judge would send me a letter asking me to serve on a jury, I would be pleased to serve. No such letter ever arrived.