Again, from 1 Corpus Juris:
II Objections to Jurisdiction
[17] A. Nature of Pleas to the Jurisdiction.
At common law pleas by which objection is taken to the jurisdiction of the court are not strictly
pleas in abatement, but are in a class by themselves and are designated as pleas to the
jurisdiction. They differ at common law from pleas in abatement in several respects, as, for
example, in that they must be pleaded in person and not by attorney, and in that they must
conclude, not with a prayer for judgment of the writ or declaration, or of the writ and declaration,
and that the same be quashed, but whether the court will or ought to take further cognizance of
the action or suit. They are, however, dilatory pleas, as distinguished from pleas to the merits, in
that their effect is to defeat the present suit and not to deny or bar the cause of action, and
therefore they are in modern practice treated for most purposes like other dilatory pleas as pleas
in abatement, and are subject to most of the rules governing such pleas.
The following is an excerpt from an article by James Hazel titled The Abatement Process (See
also James' article: Notes About Deceptive All Capitals Names):
In written form, the following example, to be delivered to the court clerk or judge, conforms with
Randy Lee's successful petition, and to the requirements for abatements as enumerated in Corpus
Juris Secundum and many, many cases, which have treated the subject of abatement for
misnomer.
[This is useful for instances where you have the opportunity, as in most cases, to reply in writing
to a written demand/summons -- as it's much simpler than appearing in person, and most people
prefer this option.]
First Amendment Petition for Abatement
To: THE (FICTITIOUS NAME OF COURT, EXPRESSED IN ALL UPPERCASE LETTERS);
ADDRESS OF COURT, INCLUDING ZIP CODE.
From: Petitioner John Doe (properly capitalized); Mail received: c/o (USPS address, including
ZIP Code).
Regarding: (Complaint, demand or accusation, [No.____]), attached hereto and thereby
incorporated as an integral part of this Petition for Abatement.
COMES NOW, John Allan Doe, the live Man, by authority of the First Article of amendment
(A.D. 1791) to the constitution of the United States, to petition this court to abate the above-
referenced (Accusation, Complaint) on the following grounds:
1. The (accusation--complaint) against JOHN DOE, a fictitious name, was delivered into
my hand on (date). As a prudent Man who fears that his ignoring of the Instrument might
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well result in coercive procedures being used against him, I have chosen to approach this
court with this petition that the court abate the Instrument so it cannot in its present form,
further restrain my liberties.
2. That the Instrument was served on or delivered to me is evidence that this is a case of
misnomer or mistaken identity. The instrument is against a fictitious name, "JOHN
DOE." My given, Christian name is "John," with the initial letter capitalized as required
by Rules of English Grammar for the writing of the names of natural persons. My
patronymic, family name or surname is "Doe," with the initial letter capitalized. The
(accusation, complaint) does not name me as a Party.
3. If the complainant or accuser has any claim or argument against me, it can bring a
complaint or accusation against my real name. My objections herein will make it possible
for the complainant or accuser to issue a corrected writ, which is the primary purpose of
matters in abatement.
4. This is by content, grounds, intent and definition is a petition in abatement, and not a plea
in bar; and may not be construed as a motion for dismissal or for mere amendment of the
instrument. It may be justly resolved, only by abatement by the court.
When a Petition for Abatement is before a court, that court is charged with according to the
defendant (petitioner) the benefit of the doubt. In addition, courts should take cognizance of the
law that provides: Where conditions for its issuance exist, abatement is a matter of right, not of
discretion; The misnomer or mis-description of a party defendant is ground for abatement; and,
Grounds for abatements are the same for equity and law cases.
FURTHER I SAYETH NOT, except to advise the court that in the absence of abatement of the
instrument as a restraint against my liberty, I shall henceforth remain mute.
Dated this ____ day of the (First - Twelfth) month of the Nineteenth Hundred and Ninety Sixth
year Anno Domini, in _____________ County, State of __________ (capitalize lawful name of
State):
__________________________________
John Allan D
