"A902"

THE BACKWARDS 209A ABUSE LAW SITE

Law and court procedures that are "fair on their faces" but administered "with an evil eye
or a heavyhand" are discriminatory and violate the equal protection clause of the Fourteenth Amendment. Yick Wo v. Hopkins, 118 US 356

Appearing Specially, Special Appearance, Appearing Generally, General appearance

Special or general appearance in the court affects how the court recognizes you and how the court recognizes its jurisdiction over you. If the court has no general jurisdiction over you, it can not hear the complaint or suit filed against you. If you request appearance as a special appearance, you may argue whether the court has the right to exercise general jurisdiction over you. The usual default is general appearance. If you do not write your response as a Special appearance, you have given the court jurisdiction over you.

Further your response should only discuss jurisdiction over you. If you make any other type of motion you risk your special position with the court. In the motion below, a number of cases are cited which have decided when a special appearance has been converted to a general appearance. By this conversion, the plaintiff can now have his trial in his court of choice.

COMMONWEALTH OF VIRGINIA

CIRCUIT COURT

Warrenton VA SS DOCKET NO. CH02--231 ……..

Linda S. Wright

Sean S. Wright

Respondents/Plaintiffs

J. William Wright, III

Petitioner/Defendant

Motion For

General Appearance of Respondent

Now comes the Petitioner, J. William Wright (William) who requests this Honorable Court adjudicate the respondent Linda S. Wright and her attorney C. Bowers, as appearing Generally, and no longer appearing Specially.

As reasons therefore the William states the following:

1. William has received Response to Motion For Appointment Of Counsel And Motion For Sanctions . (Motion)

2. William contends such an opposition is an invasion of his personal rights to obtain counsel. Further said Motion is improperly submitted without statutory authority or constitutional authority to deny a person his rights to counsel .

3. As Motion claims the party respondent is specially appearing , the respondent has no right to submit this except under general appearance. "An appearance for any other purpose than questioning the jurisdiction of the court-because there was no service of process, or the process was defective, or the action was commenced in the wrong county, or the like-is general and not special, although accompanied by the claim that the appearance is only special." Norfolk and Ocean View Railway Co. v. Consolidated Turnpike Co., 111 Va. 131, 136, 68 S.E. 346, 348 (1910).

Any action on the part of defendant, except to object to the jurisdiction over his person which recognizes the case as in court, will constitute a general appearance." 6 C.J.S. Appearances § 19 (1975). CAROL H. LEE, SR. v. MARY Y. LEE, Record No. 2195-01-2, COURT OF APPEALS OF VIRGINIA, 2002 Va. App. LEXIS 516.

A general appearance "is a waiver of process, equivalent to personal service of process, and confers jurisdiction of the person on the court." Nixon v. Rowland, 192 Va. 47, 50, 63, S.E.2d 757, 759 (1951).

4. Because the Motion additionally requests sanctions on the petitioner, and objects to counsel being assigned, the respondent is now appearing generally. "Any action on the part of defendant, except to object to the jurisdiction, which recognizes the case as in court, will amount to a general appearance. " BROWN v. BURCH and DAVID KELLEY McNISH, III 30 Va. App. 670; 519 S.E.2d 403 (1999) quoting Maryland Casualty Co. v. Clintwood Bank, Inc., 155 Va. 181, 186, 154 S.E. 492, 494 (1930).

A general appearance is entered, however, if a motion to vacate a judgment or order is based on other than jurisdictional grounds, either wholly, or in connection with an objection to the jurisdiction, or if in addition to the request to vacate the judgment defendant asks for other relief . . . .Lee supra § 26.

WHEREFORE William requests respondent be adjudged as APPEARING GENERALLY.

____________________________________

John W. Wright III

P.O. Box 1

Markham, VA 22643-0001

DATE:__________________

NOTICE OF HEARING

Plaintiff requests this motion will be heard at the Circuit Court in Warrenton, VA, on _Tuesday Nov. 19_2002______ at 9 AM.

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of this Motion upon:

C. Bowers, Walker Jones et al

31 Winchester St. Warrenton, VA

by mailing (postage paid) or by hand on Nov. 18, 2002

______________________________

William Wright, III

When the law is against you, argue the facts. When the facts are against you, argue the law. When both are against you, attack the plaintiff.


This Site
SEARCH THIS SITE

HOME