Time: Mon Jun 30 05:32:10 1997
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Date: Mon, 30 Jun 1997 05:28:29 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: FRCrP Rule 60(b)
Just change the pleading to read:
Petition in the Nature of Coram Nobis
-or-
Petition in the Nature of Mandamus
Read the All Writs Statute for authority.
That solves the problem.
/s/ Paul Mitchell
http://www.supremelaw.com
At 02:09 AM 6/30/97 -0700, you wrote:
>I think this is one of the more classic parts to be found. Audita
>querela, I am told, is the writ to sue a judge. So check out:
>
>Rule 60 (b) of the Federal Rules of Criminal Procedure in pertinent part:
>
>"Writs of coram nobis, coram vobis, audita querela, and bills of review
>and bills in the nature of a bill of review, are abolished, and the
>procedure for obtaining relief from judgment shall be by motion as
>prescribed in these rules or by an independent action."
>
>That's what it says right on the first page at the beginning. Now most
>lawyers would probably stop looking for these methods after reading
>that. But... if you go to the BACK of the Chapter in the Revisions Notes
>you find:
>
>"... With reference to the question whether, as the rules now exist,
>relief by coram nobis, bills of review, and so forth, is permissible, the
>generally accepted view is that the remedies are still available,
>although the precise relief obtained in a particular case by use of these
>ancillary remedies is shrouded in ancient lore and mystery. [See Wallace
>v. United States, C.C.A.2, 142 F.2d 240]"
>
>Can you believe that?! "[S]hrouded in ancient lore and mystery", like
>some lawyer reading that is going to want to get up in front of a court
>and try it expecting any minute for them to start shouting 'Witch!' like
>he's trying to do black magic or something!
>
>Amazing. Like this writ was lost to shrouded history by accident and not
>by design. Yeesh! Now we know why you never see it being done..!
>
>[L.S.] ckerr - Sui Juris, juris et de jure,
>Exclusively a Citizen of California Republic,
>With Explicit Reservation of All My Rights, Without Prejudice.
>
>P.S. Notice how they won't even say "audita querela" again in the
>revision notes? Out of site out of mind tactics?? Naaah!
>
>P.S.S. I said in a recent post to you that A.G. was the head of the
>executive arm, and relised later my error. Oops.
>
>
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