Rick A. Garcia, Esquire Director – AVCP Tribal Justice Forms - General Rick A. Garcia, Esquire Director – AVCP Tribal Justice

Petition to Use Tribal Court * A petition to use Tribal Court is the first-step in a Tribal Court case. * Tribal Court cases are discretionary in nature – meaning that a Tribal Court will review a petition to decide if the Tribal Court will hear a particular case. Tribal Courts are not mandated to hear any Tribal Court case – that decision it is up to the Tribal Court to decide. * The petition, which is filed by the Petitioner, should include facts that allow a Tribal Court to consider whether to take the Tribal Court case. * The petitioner should always include what remedy they are asking of the Tribal Court

Petition to Use Tribal Court

Petition to Use Tribal Court It is important for the Petitioner to include necessary and important facts that will enable the Tribal Court to make a determination on whether to hear the case. Additional important information would include contact information for the respondent/defendant.

Petition to Use Tribal Court

Petition to Use Tribal Court Fact Pattern: Choose which of the below facts you would include in a Petition to Use Tribal Court that alleges theft of property. A. Petitioner claims that Respondent has lived next to each other for twenty years. B. Petitioner claims that on several occasions, Respondent has expressed an interest in her outdoor water fountain C. Petitioner claims that two weeks ago, her outdoor water fountain went missing. D. Petitioner does not like the clothes that Respondent wears. E. Respondent has a mean dog that terrorizes the neighborhood. F. Petitioner does not like Respondent’s cooking. Her food is too salty. G. Petitioner heard from Neighbor X that Respondent took possession of her water fountain. H. Respondent has crazy hair and therefore must be crazy too. I. Petitioner likes to watch Judge Judy every day. J. Petitioner is asking the Tribal Court to enter an order requiring the return of her water fountain.

NOTICE OF HEARING Notice of Hearing Legal document that advises parties of the date, time, and location of a court case hearing. Notice of hearing should be sent to all parties involved: (1) The Court Clerk, (2) The Plaintiff (petitioner), and (3) The Defendant (respondent)

NOTICE OF HEARING Notice of Hearing How soon should a hearing be scheduled? We want to ensure that a hearing is scheduled in enough time to give participants time to make accommodations with work, school, and family life

NOTICE OF HEARING Notice of Hearing Generally, 14 calendar days from the date that the Notice of Hearing is mailed is considered “reasonable” time for a hearing. For example, if a Notice of Hearing is being sent on October 1st, the ideal hearing date would be after October 15th.

Notice of Hearing

SUMMONS Summons Legal document that tells a Defendant/Respondent or a party to a case that they are required to appear before the court on a specific day. Summons should also detail: 1. Consequences for failure to appear 2. If telephonic appearances are available and if so, how to schedule telephonic appearance

SUMMONS

CERTIFICATE OF SERVICE Certificate of Service Certificate of Service is filled out by the Court Clerk when mailing documents to all parties in the case. Certificate of service ALWAYS should accompany notices, orders, or other court documents to prove service was completed

CERTIFICATE OF SERVICE

STATEMENT OF MAILING Statement of Mailing Similar to a Certificate of Service Used by the Tribal Court Clerk to record that documents were sent to parties to a case

STATEMENT OF MAILING

ORDER Order Used to document the findings of the court and to detail any mandates or restrictions of the parties. Always includes a jurisdictional statement, which details the authority of the court to hear a case.

ORDER Order Always includes a jurisdictional statement, which details the authority of the court to hear a case. Jurisdiction can be based on: Case involves Tribal Member Matter arose in Indian country Matter was delegated to jurisdiction of the court by agreement (intertribal court, MOA with State, etc)

ORDER

DECLINATION ORDER Declination Order Used to notify a Petitioner that the Tribal Court is declining to hear a particular case. REMEMBER – Tribal Courts have complete discretion on whether they will hear a particular case filed

DECLINATION ORDER Declination Order Reasons why a Tribal Court may decline to hear case: Lack of resources to hear case Conflict of interest with TC Judges Lack of jurisdiction Other reasons

DECLINATION ORDER Declination Order The declination order should detail other available remedies for the Petitioner. For example, that other available legal remedies may be available in State court

DECLINATION ORDER

Questions? Questions?