1 First Middle Last

2 c/o 1234 Your Address Here

3 City, State, nearby [12345]
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5 First Middle Last, by Special Appearance

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8 IN THE xTH DISTRICT COURT, STATE OF STATE

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)
STATE OF YOUR STATE, ) Case No.: xxxxxxxxxx
11 )
)
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Plaintiff, ) Demand for a Writ of Mandamus.
13 )
vs. )
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) Date: Appearance Date, 2022
15 FIRST MIDDLE LAST, ) Time: Appearance Time
)
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)
17 Aggrieved Defendant. )
_____________________________________ )_ ____________________________________
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COMES NOW First Middle Last, Attorney in Fact for the above-mentioned Estate Trust,
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hereinafter “Aggrieved Defendant”, to this Court with the following lawful Demand for a Writ
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of Mandamus in the above-mentioned action on or before Appearance Date, 2022 or as soon
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thereafter as Aggrieved Defendant may be heard.
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Respectfully submitted,
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By: ________________________________ Dated: __________________
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Attorney in Fact
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DEMAND FOR A WRIT OF MANDAMUS

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 1

2 STATEMENT OF THE FACTS AND MERITS

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4 1. The Clerk, Clerk Name Here, having received Aggrieved Defendant's **DOCUMENT
5 NAME** on or about Date They Received, 2022, and **SECOND DOC NAME** on or about
6 Date They Received, 2022, and **THIRD DOC NAME** on or about Date They Received,
7 2022, with time now expired to file timely, has failed to record these documents into the matter
8 after being respectfully ordered to enter the above-titled documents into the record of the above-
9 mentioned matter.
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11 2. The attached Exhibit A contains evidence of the proofs of service to the Clerk’s office
12 and verified as delivered via certified mail by the United States Postal Service.
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14 3. Said Clerk, having neglected or refused to enter the documents into the matter, now
15 therefore the Aggrieved Defendant demands that the writ of mandamus issue forth to mandate
16 the ministerial duty of the Clerk to enter the documents immediately.
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18 MEMORANDUM OF LAW
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20 1. Federal Rules of Civil Procedure, Rule 5 (d) states the following:

21 “(4) Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it is
22 not in the form prescribed by these rules or by a local rule or practice.” (italicized for emphasis)
23

24 2. Title 18 United States Code, Section 2071 states the following:

25 “(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or
26 destroys, or attempts to do so, or, with intent to do so takes and carries away any record,
27 proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or
28 officer of any court of the United States, or in any public office, or with any judicial or public
29 officer of the United States, shall be fined under this title or imprisoned not more than three
30 years, or both.”

DEMAND FOR A WRIT OF MANDAMUS

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 1 “(b) Whoever having the custody of any such record, proceeding, map, book, document,
2 paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies,
3 or destroys the same, shall be fined under this title or imprisoned not more than three years, or
4 both; and shall forfeit his office and be disqualified from holding any office under the United
5 States.” (italicized for emphasis)
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10

11 3. Title 42 United States Code, Section 1985 states the following:

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13 “(2) OBSTRUCTING JUSTICE; INTIMIDATING PARTY, WITNESS, OR JUROR -

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If two or more persons in any State or Territory conspire to deter, by force, intimidation, or
threat, any party or witness in any court of the United States from attending such court, or from
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testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or
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witness in his person or property on account of his having so attended or testified, or to influence
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the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure
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such juror in his person or property on account of any verdict, presentment, or indictment
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lawfully assented to by him, or of his being or having been such juror; or if two or more persons
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conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the
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due course of justice in any State or Territory, with intent to deny to any citizen the equal
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protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to
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enforce, the right of any person, or class of persons, to the equal protection of the laws;”
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(italicized for emphasis)
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4. “A judgment is void if the court that rendered it lacked jurisdiction of the subject matter,
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or of the parties, or acted in a manner inconsistent with due process.” –Klugh v. United States,
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610 F. Supp. 892, 901
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DEMAND FOR A WRIT OF MANDAMUS

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 1
5. “Accordingly, it is settled law that delivery of a pleading to a proper official is sufficient
to constitute filing thereof.” –Freeman v. Giacomo Costa Fu Andrea, 282 F. Supp. 525, United
2
States v. Lombardo, 241 U.S. 73, 36 S. Ct. 508, 60 L. Ed. 897 (1916); Milton v. United States,
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105 F.2d 253, 255 (5th Cir., 1939); Greeson v. Sherman, 265 F. Supp. 340 ([Link].,1967)
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7 CONCLUSION
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9 Because the Clerk has made a discretionary and legal determination by refusing to file the
10 above-titled documents into the above-mentioned pending matter and supported by the attached
11 Exhibit A containing evidence of a proof of service to the Clerk, there is an obstruction of justice
12 for which the laws of the United States provide for punishment including incarceration and fines
13 upon the submission of a complaint by the Defendant to the Attorney General of the STATE OF
14 YOUR STATE. The above-referenced laws show that the Clerk cannot refuse to file a document
15 for form as the duties of the Clerk are ministerial (not judicial). THEREFORE, the Defendant
16 hereby demands that the Writ of Mandamus issue forth to mandate the Clerk to enter the
17 documents immediately or risk prosecution under the laws of the United States.
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19 VERIFICATION
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21 In Witness whereof, knowing the law of bearing false witness before God and men, I
22 solemnly affirm that I have read the foregoing and know the contents thereof to be true to the
23 best of my knowledge except as to the matters which are therein stated on my information or
24 belief, and as to those matters, I believe them to be true. These instruments are submitted upon
25 good faith belief that they are grounded in fact, warranted by existing law or a good faith
26 argument for the modification or reversal of existing law, and are submitted for proper purposes
27 and not to cause harassment and unnecessary delay or costs.
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DEMAND FOR A WRIT OF MANDAMUS

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 1 Respectfully submitted without prejudice, U.C.C. § 1-308,
2

4 By: _____________________________________
5 Attorney in Fact for
6 FIRST MIDDLE LAST, Aggrieved Defendant
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8 I, First Middle Last, certify that I have served the Plaintiff a true and correct copy of this
9 legal document on this Date of Mailing, 2022, and that I also filed a copy of this legal document
10 with the Court Clerk on the above-specified date.
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13 Submitted on this ______ day of Month, 2022

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16 By: _________________________________
17 Attorney in Fact
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DEMAND FOR A WRIT OF MANDAMUS

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