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

2. 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

3. Petition to Use Tribal Court

4. 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.

5. Petition to Use Tribal Court

6. 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.

7. 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)

8. 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

9. 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.

10. Notice of Hearing

11. 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

12. SUMMONS

13. 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

14. CERTIFICATE OF SERVICE

15. 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

16. STATEMENT OF MAILING

17. 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.

18. 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)

19. ORDER

20. 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

21. 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

22. 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

23. DECLINATION ORDER

24. Questions?
Questions?