By: Joel Stephen Mattson

Everything in the courtroom hinges on one word: jurisdiction. If the court doesn’t have it, every ruling, order, and judgment is void. And here’s the kicker—it’s the court’s duty to prove jurisdiction, not your duty to accept it.

If they can’t prove it, you can file a motion to dismiss that cuts the legs out from under the entire case. This is your final blow.

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Step 1: Understand What Jurisdiction Really Means

Jurisdiction means the court has:

• Subject matter authority (the right to hear this type of case)
• Personal jurisdiction (authority over you specifically)
• Territorial jurisdiction (authority in the location of the incident)

And in administrative courts (Article I tribunals), jurisdiction also requires your consent.

(Read: Why Most Court Cases Are Fraudulent from the Start)

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Step 2: Make the Lack of Jurisdiction Clear on Record

Before filing a motion, you should have already:

• Filed a Notice of Non-Consent to Magistrate Jurisdiction
• Submitted an Affidavit of Truth denying jurisdiction
• Challenged the court to produce proof of authority (which they likely haven’t)

This sets the stage for your motion to dismiss.

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Step 3: Prepare Your Motion to Dismiss

Title: Motion to Dismiss for Lack of Jurisdiction and Failure to Rebut Affidavit of Truth

Key Sections to Include:

1. Introduction
   • “This motion is made to challenge the authority of this court to proceed, as jurisdiction has not been lawfully established.”
2. Statement of Facts
   • Detail the lack of consent
   • State that no contract has been shown
   • Reference prior filings and unrebutted affidavits
3. Legal Basis
   • Article III, Section 2, Clause 1 (original jurisdiction requirements)
   • 28 U.S.C. §636 (requires consent for magistrate jurisdiction)
   • Clearfield Doctrine (no contract = no enforcement authority)
   • Boykin v. Alabama and Brady v. U.S. (waivers must be knowing and voluntary)
4. Relief Requested
   • Immediate dismissal with prejudice
   • Statement that all prior proceedings are void ab initio due to lack of jurisdiction
5. Affirmation and Signature
   • Swear under penalty of perjury that the facts are true and correct

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Step 4: File and Serve It

• File with the clerk of court
• Serve on judge, opposing party, and clerk
• Keep certified copies and proof of service

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Step 5: Follow With a Judicial Notice

After filing the motion, submit a Judicial Notice to force the court to recognize your unrebutted affidavit and the constitutional violations.

Judicial Notice can also:

• Highlight fraud by omission
• Reinforce that the court is operating outside Article III authority
• Attach case law and constitutional citations the court cannot ignore

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What If They Ignore Your Motion?

If the court refuses to rule or denies your motion without proving jurisdiction:

• File an Interlocutory Appeal if available
• File a Motion to Vacate Judgment based on void orders
• Prepare to escalate to federal court on constitutional grounds

A court without jurisdiction is like a pirate ship—armed, loud, and scary, but completely unlawful.

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Final Word: Dismiss the Illusion

Don’t just defend. Don’t just survive.

Attack the foundation.

If jurisdiction is presumed and never proven, you have every right to strike the case down at its core.

File the motion. Demand proof. Collapse the court’s authority.

Because when jurisdiction falls—everything else goes with it.

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