SHIPROCK COURT FAMILY CIVIL FLOW December 2, 2007

Transcription

1 SHIPROCK COURT FAMILY CIVIL FLOW December 2, 2007 Manual Automated System 1. DOCKETING PETITIONS WITH FILING FEE Petitioner files a Family Civil petition with Filing Fee Family Civil Case Types: 1001 Adoption (Adult) 1002 Adoption (Minor) 1003 Child Support 1004 Civil Warrant 1005 Conservatorship 1006 Correction of Record 1007 Custody 1008 Declaration of Name 1009 Divorce 1010 Emancipation 1011 Evaluation/Mental Health 1012 Guardianship (Adult) 1013 Guardianship (Minor) 1014 Injunction 1015 Modification 1016 Name Change 1017 Order to Show Cause 1018 Paternity 1019 Probate 1020 Quiet Title 1021 Recognition of Foreign Judgment 1022 Termination of Parental Rights 1023 Vacate Guardianship 1024 Validation of Marriage 1025 Writ of Garnishment 1026 Writ of Habeas Corpus The following have not been assigned any code: - Domesticate Foreign DV Orders - Vacate Wage Garnishment for Child Support Payments Petitions must be filed with the filing fee which is $10 for divorce or $35 all others. Petitioner is also asked to provide a Self-Addressed Stamped Envelope (SASE) for receipt of petition and summons. * Stamp petition. Create file in the automated system. Case is given an automated docket number. Create physical file folder. Issue 30-Day Summons * and distribute as follows: Original petition and summons to court file. 3 copies petition and 4 copies summons to Petitioner via First Class Mail in the SASE. If Petitioner is represented by legal counsel, then pleadings are sent to legal counsel. Police will not serve Family Civil summons. Petitioner must obtain a private process server. PRINT PROCEEDINGS to file * Some Family Civil Filings do not require a summons, e.g. in adoptions where a Parental Consent Form is filled out, notarized, and submitted with the petition. If a consent is also filed, immediately calendar for Final Hearing. In divorces and other cases where a W a i ve r o f Summons is filed. Create File [Op 1][F][CV] Enter Number of Parties e.g. Divorce = 2 parties Guardianship (minor) = 4 parties (petitioner, child, natural parents) Name Change/Correction of Record = 1 party Name Change for Minor Child = 2 parties (child, petitioner-parent) Enter info for Party 1 (Petitioner) Enter code for nature (of claim) and all other pertinent info on screen Docket number is automatically generated. Entrer next party s info (respondent, minor child, 2 nd petitioner, etc.) Mandatory data fields Party Type Party 1 Petitioner Name Census Origin Chapter DOB Gender Residency/physical Mailing address (SSN not required) Nature claim code (type of case) Judge assigned Number of parties [AUTO DOCKET NUMBER] Enter personal info of Party 2 Respondent Enter personal info of Minors, Decedent, or other parties. [Op 3] Petition filed on (date) Petition/30-Day Summons mailed out (date) Note down parental consent, etc. ALL case-related correspondence between clerk/judge/staff attorney are

2 2. APPLYING PAYMENT OF FILING FEE through a Note to Case File. (See Section 3) Civil Filing Fee Clerk accepts MO and Cashier s checks. Clerk will apply the payment in the automated system under designated Navajo Nation account and issue automated receipt to Petitioner. The MO or cashier s check is attached to both YELLOW and PINK copies of receipt and put in money bag in locked drawer for deposit the following business day into the designated Navajo Nation account. The YELLOW and PINK copies of receipt are separated upon deposit after which PINK copy is filed with financial reports and YELLOW is put in receipt book. (See ACCOUNTING FLOW/Deposit and Reports. ) PRINT updated proceedings Edit & Proceed. 1. Enter amount of filing fee 2. Enter depository code 3. Enter P for payment 4. Complete payment menu with amount of fee, payment type, money order #, name of payee, clerk s code in comment section, type of action 5. Print receipt. Mandatory data fields: account number amount paid clear tickler comments/initial [Proceed to Payments P ] payment amount payment type MO number payor authorization initial print receipt [AUTOPRINT & NUMBERED] [Proceed to Op 3] [ADD PROCEEDINGS/Initials] 3. DOCKETING PETITIONS WITHOUT FILING FEE Petitioner files a Family Civil petition but cannot pay the Filing Fee Petitioner may file the petition and request a waiver of the fee if he/she cannot pay. Petitioner is asked to provide a Self-Addressed Stamped Envelope (SASE) for receipt of petition and summons. Stamp petition. Create file in the automated system without first requiring the filing fee. Case is given an automated docket number However, do not immediately issue a summons. Create physical file folder. Fill out a Note to Case File Form telling the judge that petitioner is requesting a waiver of the fee. The Note to Case Create File [Op 1][F][CV] Mandatory data fields Party Type Party 1 Petitioner Name Census Origin Chapter DOB Gender Residency/physical Mailing address (SSN not required) Nature claim code (type of case) Judge assigned Number of parties [AUTO DOCKET NUMBER] Enter personal info of Party 2 Respondent Enter personal info of Minors, Decedent, or other parties. FAMILY CIVIL FLOW 2

3 File Form is attached to the front of the case folder and given to the judge for action. Judge will not down on the Note to Case File Form whether or not the waiver is granted. If granted, fill out an Order to Waive Filing Fee and judge signs. Issue 30-Day Summons * and distribute as follows: [Op 3] Petition filed on (date) Request for Waiver (date) Waiver granted or denied (date) If granted, Order/Petition/30-Day Summons mailed out (date) Note down parental consent, etc. Original petition, 1 copy of Order to Waive Filing Fee, and summons to court file. Original Order to Waive Filing Fee, 3 copies petition and 4 copies summons to Petitioner via First Class Mail in the SASE. Police will not serve Family Civil summons. Petitioner must obtain a private process server. PRINT PROCEEDINGS to file * Some Family Civil Filings do not require a summons, e.g. in adoptions where a Parental Consent Form is filled out, notarized, and submitted with the petition. In such situations, the matter is scheduled for hearing. Note: Family Court uses a Notes to Case File Form which references at the top only the motion or petition that needs action from the Family Judge. The body of the form is blank for the judge to write down what order or action must be done on the motion or petition. This form is MANUALLY generated. All case-related correspondence between clerk/judge/staff attorney are through a Note to Case File. FAMILY CIVIL FLOW 3

4 4. EVENTS THAT MUST BE RECORDED After Petition is filed, the case file must be updated as proceedings advance. 5. AFFIDAVIT OF SERVICE All incoming documents, including letters and motions, are sent to the judge by filling out a Note to Case File and attaching it to the file folder with the incoming document, letter or motion. The whole is then given to the judge for action. The judge writes instructions for action in the blank space of the Note to Case File, and the clerk follows the instructions. In addition, the events must also be recorded separately in the automated CMS. The following must be recorded in [Op 2]: - payment of filing fee and issuance of receipt - hearing date and time - date service is completed - date affidavit of service returned - date A n s w e r filed - date Notice of Default filed - date Entry of Default signed by Judge - entry of legal counsel for party - code of presiding Judge - if civil warrant issued, date judge signed the warrant - date case is concluded and outcome (e.g. decree granted; stipulation; default) - date Final Order sent to parties is also used to SEARCH via party s first and last name, or first 2 letters of party s first and last name. Mandatory fields include Comments/Initials Tickler The following must be recorded in [Op 3]: - All the above - Type and date of document, motion of letter received and by whom - Type and date of order issued - any action taken by clerk e.g. motion forwarded to judge. Select Y to complete [Op 3] entries. Print proceedings, if necessary. (Proceedings are not printed as a matter of course in Family Civil cases, which continue to rely on manual Notes to Case Files). Respondent is Served Process server files an Affidavit of Service. Clerk records date of service and return of service. Fill out Note to Case File that Respondent has 30 days to file an Answer. Tickler Answer date Comments/initials FAMILY CIVIL FLOW 4

5 Op 3] Respondent is Not Served Clerk reviews all cases on a monthly basis. If after 4 months there has been no service returned, fill out Note to Case File that no Affidavit of Service has been filed. Per judge, send out Notice of Pending Dismissal wi t h approximately 30-days deadline for lack of service. If no response after the deadline, fill out Note to Case File that no response has been received Per judge, fill out Order of Dismissal, judge signs. Mail copy to Petitioner and close file. Tickler Pending Dismissal date Comments/initials Op 3] Comments/initials Op 3] 6. DEFAULT Respondent is successfully served but does not respond. If Respondent does not file an Answer within 30 days after service, Petitioner may request a default by filing a Motion for Default Judgment. Tickler Comments/initials Fill out Note to Case File that no Answer has been received after Affidavit of Service was filed. Op 3] Per judge, fill out Notice of Default Judgment, and mail to Respondent, who has 15 days to respond. Clerk reviews all cases on a monthly basis. If no response, fill out Note to Case File that no response has been received Per judge, issue Default Judgment, judge signs. Enter judgment and close case. 7. COUNTER-PETITIONS Respondent files a Counter- Unlike D.V. counter petitions, Family Civil counter-petitions FAMILY CIVIL FLOW 5

6 Petition against Petitioner are filed under the docket number of the existing petition. Counter petitions must be filed with the appropriate Filing Fee. Respondent must also file an An sw e r to the Petition. Fill out Note to Case and forward the counter petition, Answer and file to judge. Petitioner has 15 days to file a Response. [Op 3] 8. PRE-TRIAL CONFERENCES AND DISCOVERY Judge may schedule a PTC after Respondent Answers. Clerk issues Notice of PTC to both parties or their legal counsel. Parties may file interrogatories or other discovery. At the PTC, parties may stipulate to all or some issues. If parties stipulate to all issues, legal counsel may file a divorce decree by stipulation for judge s review and signature. If judge signs Divorce Decree by Stipulation, copy is mailed to to parties/legal counsel and to Navajo Nation Vital Records. Case is closed. If parties are unable to reach stipulation at the PTC, they may move for a Final PTC or Final Hearing. Per judge, send out appropriate notices. Motions Among motions that may be filed are Motion for Continuance and Motion to Compel Discovery. Clerk forwards to judge via Note to Case File method, and judge may grant or deny motion. 9. MOTION HEARING Motion hearings are held when motions are filed, as judge deems necessary Clerk sends Notice of Motion Hearing to parties or legal counsel. FAMILY CIVIL FLOW 6

7 10. FINAL HEARING Final Hearing is held if issues remain contested after PTC. Per judge, clerk sends Notice of Final Hearing to parties or legal counsel. Judge may instruct legal counsel to submit Brief or Closing Arguments. Judge reviews and signs Final Order. Mail to parties, close case. 11. UNIQUE SITUATIONS Stipulated D i vo r c e If Petitioner files a petition wi t h waiver of service and right to counsel, stipulation, and divorce decree by stipulation, create file as in Section 1 or 2; then record and forward to judge for action as in Section 4. If judge signs the divorce decree by stipulation, mail conformed pleadings to Petitioner and Respondent (if Petitioner provides SASE also for Respondent, otherwise Respondent s copies are sent to Petitioner). Default if a default judgment is entered, mail a copy of Divorce Decree by Default Judgment to parties/legal counsel and to Navajo Nation Vital Records. Edit & proceed as in Secion 4. Navajo Nation Vital Records Clerk must send a copy of all Divorce Decrees, Custody Orders, Termination of Parental Rights, Adoption, Orders for Name Change / Correction of Record / Correction of Date of Birth, Guardianship Decrees, and all Final Orders in Paternity Actions to Navajo Nation Vital Records at the same time copies are mailed to parties. Termination of Parental Rights / Adoption Petition is usually filed with a Motion/Order for Immediate Create file as in Section 1. FAMILY CIVIL FLOW 7

8 Temporary Custody; Motion/Order for Social Study or Home Investigation; and/or Consent from biological parents. Forward to judge via Note to Case File method. If judge signs both orders, distribute copies of Petition and Orders to petitioner and to Shiprock Division of Social Services. If judge does not sign the Orders, per judge send out Notice of Motion Hearing. If temporary custody is granted, distribute Order for temporary custody to Petitioner and to Shiprock DSS. Schedule Final Hearing. Send Notice of Final Hearing to Petitioner and Shiprock DSS. (DSS must file report 5 days prior to Final Hearing). Name Change / Correction of Record / Correction of Date of Birth Petition is filed with the following supporting documents: CIB birth certificate or NN Affidavit of Birth Social Security card ID State driver s license any other documents Petitioner wishes to submit for judge review Forward to judge via Note to Case File method. Judge may grant petition or schedule hearing. Create file as in Section 1. Guardianship of Adult Petition is filed with the following supporting documents: CIB Forward to judge via Note to Case File method. Per judge, enter Order for Social Study, judge signs, distribute to Petitioner and Shiprock DSS. FAMILY CIVIL FLOW 8

9 Schedule Final Hearing. Send Notice of Final Hearing to Petitioner and Shiprock DSS. (DSS must file report 5 days prior to Final Hearing). Judge may issue Guardianship Decree. Guardianship of Minor Petition is usually filed with a Motion/Order for Temporary Custody; Motion/Order for Home Investigation; and/or Consent from biological parents. Forward to judge via Note to Case File method. Judge usually schedules a motion hearing. Per judge, send out Notice of Motion Hearing. If temporary custody is granted, distribute Order for temporary custody to Petitioner and to Shiprock DSS. Schedule Final Hearing. Send Notice of Final Hearing to Petitioner and Shiprock DSS. (DSS must file report 5 days prior to Final Hearing). Judge may issue Guardianship Decree. 12. ISSUES a. Not enough codes in CMS. Wrongful Death actions must now be filed under Probate. b. R should be Decedent in probate cases. FAMILY CIVIL FLOW 9