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Order 0801 Cogniz Law of Case

This document is from the 7th Judicial Circuit Court of Missouri, Clay County regarding a case between William Duff and police officers William Frazier and Alan Roth. The court takes judicial notice of federal rules of civil procedure, the definition of a court of record, and the law and exhibits of this case. It invites the plaintiff, defendants, and magistrate to each file a brief by a certain date showing cause why the judicial notice should not take effect or should be modified.

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201 views2 pages

Order 0801 Cogniz Law of Case

This document is from the 7th Judicial Circuit Court of Missouri, Clay County regarding a case between William Duff and police officers William Frazier and Alan Roth. The court takes judicial notice of federal rules of civil procedure, the definition of a court of record, and the law and exhibits of this case. It invites the plaintiff, defendants, and magistrate to each file a brief by a certain date showing cause why the judicial notice should not take effect or should be modified.

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1 IN THE 7TH JUDICIAL CIRCUIT COURT OF MISSOURI

2 COUNTY OF CLAY - DIVISION 2


3 Clay County Circuit Court
4 William Duff, ) CASE NO. 07CY-CV06125
5 Plaintiff, )
6 ) ACTION
7 v. ) FOR TRESPASS, AND
8 ) TRESPASS ON THE CASE
9 OFFICER WILLIAM FRAZIER, (SERIAL 3092) )
10 AND )
II OFFICER ALAN ROTH (SERIAL # 4090) ) VERIFIED
12 Defendants.
13
14
15 THE COURT, on its own motion, takes judicial notice of the following:
16 1. Federal Rules of Civil Procedure.
17 2. "A 'court of record1 is a judicial tribunal having attributes and exercising functions
18 independently of the person of the magistrate designated generally to hold it..." Jones v. Jones,
19 188 Mo.App. 220, 175 S.W. 227, 229; ExParte Gladhill, 8 Mete., Mass., 171,_per Shaw, C. J.
20 3. The Law of this Case and Exhibit F of plaintiff s action.
21
22 Further, the magistrate, plaintiff, and defendants are invited to each file and serve on all other
23 interested parties a brief no later than<^$jj$)3H<4@@^to show cause to this court why this judicial notice
24 should not take effect or should be modified. The court, mindful of the rights of the parties and the
25 importance of fair play, will liberally construe the arguments presented.
26
27
28 DA 31,2007

THE COURT

date -
Will
Attornatus Privitus
SEAL

Cc: William Duff to: [email protected],


William Frazier and Alan Roth to: 1001 NW Barry Rd.
Kansas City, Missouri C/O KCMO Police Department - North Division

william duff Page 1 7/31/2007


CERTIFICATE OF SERVICE

I hereby certify the forgoing document has been sent to all defendants at 1001 NW Barry rd
KCMO c/o Kansas City Police Department - north division

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