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Note: I am a truther-activist and a great father, I just owe the government a few thousand dollars. I am respectfully seeking your knowledge.

Scenario: My legal fiction is being summoned; first appearance; I am not using a private nor public attorney; I will be appearing as my strawman, not the living man.

In a family court case, can I "motion for discovery" prior to a first appearance? Should I be "motioning for discovery" or "demanding discovery"? Can I motion by mail, or only in person?

Can you recommend and websites, links, portals, books, etc?

Can you advise specific statutes, codes, and/or sections I should be familiar with? Can you recommend specific documents/articles I should become acquainted with?

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    This question does not contain enough information to provide an answer because there are many varieties of family court cases and different rules apply to different cases. Also your statement "I will be appearing as my strawman, not the living man" is legal nonsense that suggests you are trying to employ the doctrines of the Sovereign Citizen movement or something similar which are completely invalid. The last several people trying that in Colorado were all sentenced to decades in prison as a result.
    – ohwilleke
    Jul 3, 2018 at 16:54
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    If you're going to be appearing in a real court in front of a real judge then you'd better be prepared to forget all about terms like "My legal fiction", "appearing as my strawman, not the living man", etc. They will not serve you well there.
    – brhans
    Jul 3, 2018 at 16:55
  • Note also that in New York State, family court does not have jurisdiction over divorces (because New York State is weird).
    – ohwilleke
    Jul 3, 2018 at 17:09
  • @Evan: Why is this tagged and noted as "family law" if you owe the government money. Family court has nothing to do with owing the government money? I think you are confused by the fact that the New York Unified Court System hears multiple types of cases, including family-law cases. That doesn't make this a family-law case by default.
    – sharur
    Jul 3, 2018 at 18:10
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    @sharur I suspect that the government is either acting as a collection agent for child support owed to an ex- or has made cash welfare payments to an ex- which the state has a right to recover from arrears of child support. Hypothetical, but plausible. Could also be collection of restitution or a fine in a criminal matter in family court jurisdiction.
    – ohwilleke
    Jul 3, 2018 at 21:40

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To paraphrase the Princess Bride: "I don't think those words mean what you think they do".

The "truther-activist", "sovereign citizen", and "Citizen vs. Human Being" concepts will only hurt you. It has never succeeded, to my knowledge; It has failed multiple times.

Let me tell you a little about myself to illustrate what I mean: I am a software developer (and it seems from your profile, you are at least somewhat computer inclined, so this will hopeful make sense to you). The business side of the company I work for think that myself and my team write "magic code", and having the system do whatever they ask for is just a matter of pressing enough buttons in the correct order. It totally insane, and it completely analogous to what you are propose. The court is a carefully designed system, and you don't have the power to make arbitrary changes to it. Certainly not through the "arbitrary button presses" of "legal fiction".

Some things to note

  1. Legal fictions are never summoned. People are. Organizations are. See initial paraphrase with regards to "legal fiction". Your legal fiction has not been summoned, you have.

  2. You will be appearing as yourself, not a straw man. I'm sorry to break it to you, but whomever you have heard this from is wrong, and in the most best case scenario, they are confusing what they want to be true for reality. If they have received any money from you in relation to this opinion, then they are almost certainly a scammer and a liar.

  3. If you insist on going further with this nonsense, then you WILL lose, regardless of what actual facts you have. My condolences.

Now, to answer the question you asked: Yes, you can file a monition for discovery before first appearance (but not before pleading). You can file by mail, and in some jurisdictions, online. Source: https://www.nycourts.gov/courthelp/goingtocourt/caseBasics.shtml.

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