In 2002, The Telegraph reported that a British court rejected a petition by 60-year-old Leon Humphreys in which he requested the opportunity to fight a champion of the Driver and Vehicle Licensing Agency with "samurai swords, Ghurka knives or heavy hammers" instead of paying a £25 fine for driving his motorcycle off the road.
David Ostrom, 40, of Paola, Kan., said his ex-wife, Bridgette Ostrom, 38, of Harlan, Iowa, and her attorney, Matthew Hudson, have destroyed him legally, according to a January 3 court filing, the Des Monies Register reported.
Instead of undertaking the usual procedure of having a judge help settle the issue, Mr Ostrom has requested their dispute be settled in a "trial by combat" with swords.
Hudson filed a resistance to Ostrom's trial by combat motion by doing a little spelling check.
"I think I've met Mr. Hudson's absurdity with my own absurdity", Ostrom reportedly said in a filing to the court.
"To this day, trial by combat has never been explicitly banned or restricted as a right in these United States", David Ostrom argued in court records.
The right for trial by combat was inherited from British common law, which served as the basis of the United States legal system.
Ostrom told the Register that he got the "trial by combat" idea from a 2016 case in NY, where a Supreme Court justice acknowledged that medieval combat was a viable option for resolving a legal dispute.
"Although [Ostrom] and [the] potential combatant do have souls to be rended, they respectfully request that the court not order this done..."
If one or both participants were to die mid-duel, the lawyer reasoned, it would outweigh the custody and property tax issues that brought both of them into court in the first place.
"Just because the USA and Iowa constitutions do not specifically prohibit battling another person with a deadly katana sword, it does prohibit a court sitting in equity from ordering same".
"Respondent and counsel have proven themselves to be cravens for refusing the answer the call of battle", he wrote. Otherwise, he believes his ex-wife should lose the dispute.
Dreismeier's response is not a rejection of Ostrom's proposal and it was unclear what steps needed to be followed for the case to proceed.
He asked the court to order Ostrom undergo psychological treatment.
Ostrom told the Register that he doesn't have any history of mental illness.
Mr Ostrom has also admitted that he has no experience in sword fighting, which is a odd admission when you're literally requesting just that.
"I don't think he has the guts to do it", Ostrom said.