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Denial Corporate Existence

This document provides a notice of non-corporate status. It references Rule 8(b) of the Federal Rules of Civil Procedure, which applies equally in civil and criminal actions. Rule 8(b) establishes a presumption that any responding party in a case is a corporation. However, this document serves to rebut that presumption by providing notice that the responding party is not incorporated. It cites a previous court ruling that a failure to deny under oath an allegation of corporate status makes that status a finding of fact by the court unless rebutted before trial.

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Kristin Cantley Snell
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60 views1 page

Denial Corporate Existence

This document provides a notice of non-corporate status. It references Rule 8(b) of the Federal Rules of Civil Procedure, which applies equally in civil and criminal actions. Rule 8(b) establishes a presumption that any responding party in a case is a corporation. However, this document serves to rebut that presumption by providing notice that the responding party is not incorporated. It cites a previous court ruling that a failure to deny under oath an allegation of corporate status makes that status a finding of fact by the court unless rebutted before trial.

Uploaded by

Kristin Cantley Snell
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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EXHIBIT 019 - NOTICE OF NON-CORPORATE STATUS

Point 019 - A. The Federal R le! o" Ci#il Pro$ed re% R le &'% a((lie! in Ci#il and Cri)inal a$tion! *ith e+ al "or$e and e""e$t ,e$a !e $ri)inal i! al*a-! $i#il in nat re. No $i#il or $ri)inal $a !e o" a$tion $an ari!e le!t there ,e a $ontra$t. See Ead! #. .ar/!% '09 P. 'd '&1% '20. There i! al*a-! a (re! )(tion that a $ontra$t e3i!t! and that the re!(ondin4 (art- i! a Cor(oration. Under R le &'% *hi$h i! the !a)e in all !tate! a! in the Federal R le!% the Te3a! Co rt o" a((eal! 5&th Cir6 ha! r led o" the "indin4 o" "a$t% ,- the Co rt% that 7the failure of an adverse party to deny under oath the allegation that he is incorporated dispenses with the necessity of proof of the fact8. Th !% a (re! )(tion ,e$o)e! a "indin4 o" "a$t ,- the $o rt nle!! re, tted ,e"ore trial.

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