Writ-of-Praecipe

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  • Topic: Civil procedure, 1, Plaintiff
  • Pages : 2 (507 words )
  • Download(s) : 51
  • Published : May 13, 2013
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John Quincy Jones c/o (street address) city, state, by [00000] Tele: 000-000-0000 John Quincy Jones, Appears as: Sui Juris

(FILL IN NAME OF COURT HERE) THE STATE OF (NAME OF STATE), Plaintiff, vs. JOHN QUINCY JONES, Aggrieved Defendant ) ) ) ) ) ) ) ) ) ) ) ) Case No.: (enter your case number here) WRIT OF PRAECIPE TO THE COURT CLERK Date: (? th) Day of (month), 2005 (time of trial), Traffic Court

11 12 13 14 15 16 17 18 19 20 21 22 23 2. Therefore you are respectfully ordered to enter a default judgment against the Plaintiff and prepare a Certificate declaring that the Plaintiff has failed to join the correct party in this suit and therefore the case is dismissed for failure to state a claim, and lack of jurisdiction. 1. Plaintiff, having received Aggrieved Defendant's Affidavit of Truth on or about the (enter date – i.e., 5th) day of (type name of month), 20__, and a Notice of Default and Three Day Notice to Cure on or about the (enter date – i.e., 5th) day of (type name of month), 20__ as filed in the record, and having failed to plead, with time now expired to do so.

WRIT OF PRAECIPE TO THE COURT CLERK -1-

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3.

Seal the Certificate with the seal of the court and send to parties of interest

within 3 days.

VERIFICATION

In Witness, Whereof, knowing the law of bearing false witness before God and men I solemnly affirm, that, I have read the foregoing, and know the contents thereof to be true to the best of my knowledge, except as to the matters which are therein stated on my information or belief, and as to those matters, I believe them to be true. These instruments are submitted upon good faith belief that they are grounded in fact, warranted by existing law or a good faith argument for the modification or reversal of existing law and are submitted for proper purposes, and not to cause harassment and unnecessary delay or costs....
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