David Ostrom, 40, also asked the judge for 12 weeks' time so he could secure Japanese samurai swords
A Kansas man has requested a judge to allow him and his wife to engage in a sword fight to settle their ongoing legal dispute.
David Ostrom, 40, said the judge had the power to let the parties "resolve our disputes on the field of battle, legally," adding in his filing that trial by combat "has never been explicitly banned or restricted as a right in these United States," reports The Guardian.
He also asked the judge for 12 weeks' time so he could secure Japanese samurai swords.
The Ostroms have been embroiled in disputes over custody and visitation issues and property tax payments.
His motion filed in Shelby county district court stemmed from his frustrations with his ex-wife's attorney, Ostrom told The Des Moines Register.
"I think I've met Mr Hudson's absurdity with my own absurdity, "Ostrom said, adding that his former wife could choose Hudson to act as her champion.
Hudson argued in his legal response that because a duel could end in death, "such ramifications likely outweigh those of property tax and custody issues". Hudson asked the judge to reject the request for trial by combat.
Judge Craig Dreismeier said in his own filing Monday that he won't be issuing a decision anytime soon, citing irregularities with both sides' motions and responses.
"Until the proper procedural steps to initiate a court proceeding are followed, this court will take no further action concerning any motion, objection or petition filed by either party at this time," the judge said.