Common Law Court

United States of America

 

Rules of Procedure:

                                                                       

            The rules follow and match the Federal Rules of Civil Procedure based on the presumption that the Federal Rules were derived from common law and the courts of the United States are used to enforce monetary judgments issuing out of common plea.   When the rules at common plea are not specific refer to the local rules of the United States Court of Federal Claims.  The local rules for due process of all courts, Federal Rules of Civil Procedure and Federal Rules of Evidence are construed to be the same and supplementing to each other.   

            The rules at common plea are incomplete and must be supplemented by Federal Rules of Civil Procedure, Federal Rules of Evidence and other rules used in Federal courts.  The form of pleadings by the Federal Rules of Civil Procedure is followed except as hereinafter shown.                                                                                                    

Rule 1.   Scope and Purpose of the Rules.

 

            These rules govern procedure in the Common Law Court of the United States of America in all suits at common law.  They shall be construed and administered to secure a jury trial of right and execution of this judgment in the United States Court of Federal Claims.   The intent is to protect the right to a jury trial on any issue of fact in dispute for all parties to the proceeding.

(a) The rules are construed and numbered to be in conformance to Federal Rules of Civil Procedure.

(b) The rules are construed and numbered to be in conformance to the rules of the United States Court of Federal Claims.

(c) The rules and returns are automatically amended by the court based on litigation in collateral proceedings in the United States Court of Claims.

            (d) The changes are subject to jury trial demands.

                       

Rule 2.  One Form  Action.

 

            There shall be one form of action know as a “common law action”. 

 

Rule 3.  A common law action is commenced by filing a writ with the court.    

(a) Writs of Habeas Corpus Ad Subjiciendum are protected by Article 1, Section 9, Clause 2 of the Constitution.

            (b) Writs of Habeas Corpus Ad Subjiciendum are provided for by Title 48 U.S.C. § 1492.

                       

Rule 4.  Process.

 

            (a) Service Upon The United States.

            Service upon the United States hall be made in accordance to United States Court of Federal Claims Rule 4.(a), (b) and (c).

 

            (b).  Service of Upon Other Parties.

 

            Service shall be executed an all other parties by a form requiring a signed receipt and in conformance to Title 28, Section 1602-1611.

 

Rule 7.  Pleadings Allowed - Trial by Evidence.

 

(a) There shall be a petition which the court shall forthwith award and/or issue an order to show cause.

(b) The writ shall be an exparte hearing for the purpose of claiming a trial by jury as declared by the 7^th Amendment.

(c) The return and all evidence submitted against it may be amended by the court or by leave of court, before or after being filed.

(d) The court shall hold an evidentiary hearing forthwith and dispose of the matter as law and evidence require.

            (e) A presumption of consent exists and a response is not required.

           

           

Rule 15.  Amended And Supplemental Pleading.

 

            (a) Amendments.

 

 A party may amend the party’s own writ as a matter of course at any time before a traverse at common plea is served.

 

            (b) Amendment To Conform To New Evidence

 

A party shall amend the party’s own writ as a matter of course at any time new evidence is acquired or arises since the date of the previous writ.

 

            (c) Any adverse party of interest may respond within 10 days of the amended writ.

 

Rule 38.  Jury Trial of Right

 

(a) Right Preserved.  The right of trial by jury as declared by the Seventh Amendment to the Constitution shall be preserved to the parties inviolate.

 

(b) Demand.  Any party may demand a trial by jury of any issue by serving upon the other parties a demand therefor in writing at any time after the final order of the justice is entered and not later than 10 days after the service of the last pleading directed to such issue.

            (c) The demand shall be:

            (1) In writing.

            (2) Filed with the clerk at common plea with 2 copies.

            (3) Served on each party by process requiring a signature verification.

            (4) Shall specify the issues which the party wishes so tried.

(d) Waiver.   The failure of a party to serve and demand as required by this rule constitutes a waiver by the party of trial by jury.

            (e) The final decision of the justice at common plea is the last pleading directed to such issue.

 

Rule 69.   Execution

 

(a) Process to enforce a judgment for the payment of money shall be a “Writ of Habeas Corpus Ad Subjiciendum” filed in the United States Court of Federal Claims.