APG network Documents

Superior Court District of Columbia

Civil Division

Washington, D.C.

COMES NOW, Plaintiffs, Dale and Weston, and files their Nihil Dicit Judgment to this

Court and states as follows: This is not a pleading. This is a NOTICE OF DEMAND for Nihil

Dicit Judgment against the defendants for failure to respond to the claim the Plaintiffs have

filed in a Reconsideration on 11.09.09 (see below). Our document has gone past the 60 days

to be answered. The Plaintiffs have fulfilled their end of the case by properly prosecuting the

defendants. The defendants failed to appear.

1. Plaintiffs, Dale and Weston, hereby Notice this Superior Court of a Nihil Dicit demand.

We move this before this court so that it can order the warranted judgment(s) in favor of

petitioners for all relief and motions sought in the record of all pleadings. Plaintiff’s further

request nominal, compensatory, punitive and any other damages that the court deems Just and

Proper, inclusive of reasonable compensation for "time" necessarily expended to prosecute this

action. Punitive damages are in order due to the Respondents frivolous and non-responsive

alleged "answers" from the Defendant's non-submissions throughout the 7-month ordeal; which

directly caused unnecessary delay and the subsequent appeal to an already overburdened

Supreme Court.

SUPPORT FOR NIHIL DICIT JUDGEMENT

1. "Nihil Dicit. He says nothing. The name of the judgment which may be taken as of course

against a defendant who omits to plead or answer the plaintiffs declaration or complaint within

the time limited. In some jurisdictions it is otherwise known as judgment `for want of plea.' "

NIHIL DICIT

NIHIL DICIT. He says nothing. It is the failing of the defendant to put in a plea or answer to the plaintiff's declaration by the day assigned; and in plea or answer to the plaintiff's declaration by the day assigned; and in this case judgment is given against the defendant of course, as he says this case judgment is given against the defendant of course, as he says nothing why it should not. Vide 15 Vin. Ab. 556; Dane's Ab. Index, h.t. nothing why it should not. Vide 15 Vin. Ab. 556; Dane's Ab. Index, h.t.

By default of either party in the course of legal proceedings, as in the case of judgment by nihil di\cit or non sum informatus, when the defendant has omitted to plead or instruct his attorney to do so after a proper notice or in cases of judgment by non pros; or as in case of nonsuit, when the plaintiff omits to follow up his proceedings.

JUDGMENT BY NIL DICIT, is one rendered against a defendant for want of a plea. The plaintiff obtains a rule on the defendant to plead within a time specified, of which he serves a notice on the defendant or his attorney; if the defendant neglect to enter a plea within the time specified, the plaintiff may sign judgment against him.

Black's Law 5th, page 942

2. "Nihil Dicit Judgment. Judgment entered against defendant, in proceeding in which he is in

court but has not filed an answer, is a "nil dicit judgment"; all error of pleading being waived,

court examines petition only to determine if it attempts to state a cause of action within the

court's jurisdiction."

Cite omitted Black's Law 5th, page 943

3. This court has jurisdiction pursuant to Jurisdictional statements entered in the Record and

Motions. The Defendant has not responded on the Record nor to the Petitions or Motions

appropriately noticed and "served" upon Respondents, and subsequently filed in this Court on

November 9, 2009. The allotted time limit to respond of 20/30 days has long since expired.

Therefore the Nil Dicit Judgment is appropriate in fact and in order and therefore, this demand

is made through this Court to satisfy the relief requested as presented in the record.

4. Plaintiffs rely on the use of this process and in good faith proffer to this court its "remedy"

based on a thorough reading of the seventeen North Carolina cases on this subject, some of

which are infra;

R. M. OATES v. W. G. GRAY, 66 N.C. 442 (1872) Supreme Court of North Carolina. ". An entry on the docket of "general issue, stat, lim, with leave," is not sufficient pleading and in the discretion of the Judge below would authorize judgment of nil dicit."

WESTON v. LUMBER CO., 162 N.C. 165 (1913) 77 S.E. 430 "It is, therefore, not necessary, says a great law writer on this subject, that the judgment should have been awarded upon the decision of an issue, for where it is given for want of a plea, which is judgment by nil dicit, or where it one by non sum informatus, or by confession, or by default, the conclusiveness of it is the same as if the fact had been actually (203) contested by plea or traverse. Stephen on Pleading (9 Am. Ed. by Heard), pp. 109 and 195. This he calls estoppel by record. There was no answer in Mills v. Witherington, supra, and consequently no actual litigation of the title and no specific reference to it in the pleadings."

5. Defendant is now estopped from entering any rebuttal at all as they have forfeited and waived

that right by their inaction and an estoppel now constructively exists. This Court has only now to

rule on the evidence of fact and law submitted by Plaintiffs. Defendant was uncooperative of the

Administrative process below having failed to respond to the fact and law placed upon the

record. They simply offered nothing but "general" denials absent the specificity, procedure and

clarity, required by law. And NOW, they thumb their noses at our states highest court by failing

even to recognize its high importance by ignoring the process placed upon its record.

HOKE v. EDWARDS AND OTHERS, 46 N.C. 532 (1854) 2 S.E. 70
"Upon a default or a nil dicit, on an action of debt, in a Justice's judgment, the plaintiff is entitled to a final judgment, at the time when the default is made, and need not execute an inquiry before a jury."

6. Since a nihil dicit judgment has greater force than a default, and the fact that Defendant never

responded to the notices on the Record; and now has not even participated in this action by

entering any "response" at all, compels that a nihil dicit judgment issue instanter. "Judgment

taken against party who does not answer is judgement nihil dicit, which amounts to confession of

cause of action stated, and carries with it, more strongly than judgment by default, admission

of justice in plaintiff's case." Black's Law 5Th Nihil Dicit

7. From the General Statutes of North Carolina 24-6. Clerk to ascertain interest upon default

judgment on bond, covenant, bill, note or signed account. When a suit is instituted on a single

bond, a covenant for the payment of money, bill of exchange, promissory note, or a signed

account, and the defendant does not plead to issue thereon, upon judgment, the clerk of the

court shall ascertain the interest due by law, without a writ of inquiry, and the amount

shall be included in the final judgment of the court as damages, which judgment

shall be rendered therein in the manner prescribed by 24-5. (1797, c. 475, P.R.; R.C., c. 31,

s. 91; Code, s. 531; Rev., s. 1956; C.S., s. 2310.)

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