Before a court (judge) can proceed judicially, jurisdiction must be complete consisting of two opposing parties – not their attorneys, although attorneys can enter an appearance on behalf of a party, only the parties can testify (in other words mere attorney’s can’t simply read statements into the record alone. Therefore, until the plaintiff testifies under oath, the court has no basis upon which to rule judicially. This must include the two halves of subject matter jurisdiction = the statutory or common law authority the action is brought under (the theory of indemnity), and the testimony of a competent fact witness regarding the injury (the cause of action).
If it is found there is a jurisdictional failing appearing on the face of the record, the matter is void, subject to vacation with damages, and can never be time barred. A question which naturally occurs: “If I vacate a void judgment, can they just come back and try the case again?” Answer: A new suit must be filed and that can only be done if within the statute of limitations.
“Lack of jurisdiction cannot be corrected by an order nunc pro tunc (now for then). The only proper office of a nunc pro tunc order is to correct a mistake in the records; it cannot be used to rewrite history.” E.g., Transamerica Ins. Co. v. South, 975 F.2d 321, 325-26 (7th Cir. 1992); United States v. Daniels, 902 F.2d 1238, 1240 (7th Cir. 1990); King v. Ionization Int’l, Inc., 825 F.2d 1180, 1188 (7th Cir. 1987). And Central Laborer’s Pension and Annuity Funds v. Griffee, 198 F.3d 642, 644(7th cir. 1999).
The number of void judgments on the books in America’s courthouses is so great, there is no practical way to estimate how many there are. IF EVERY VOID JUDGMENT WAS VACATED WITH DAMAGES, IT WOULD REPRESENT THE GREATEST SHIFT IN MATERIAL WEALTH IN THE HISTORY OF THE WORLD!