IMPORTANT THIS PACKET IS IN NO WAY INTENDED TO SUBSTITUTE FOR THE ADVICE OF A PRIVATE ATTORNEY. IMPORTANT

Transcription

1

2 IMPORTANT THIS PACKET IS IN NO WAY INTENDED TO SUBSTITUTE FOR THE ADVICE OF A PRIVATE ATTORNEY. IMPORTANT If either party is in the military, special rules may apply and it is strongly recommended that you seek the advice of an attorney. Private Counsel is Always Recommended for Legal Matters. The law allows any person to represent themselves in a legal action. However, filing an action with the court and representing yourself in the courtroom can be a complicated legal procedure and this packet does not attempt to address all the legal issues involved in bringing your matter before the court. This packet is created to help you access the legal system without the assistance of an attorney. When representing yourself, you are responsible for understanding the law that governs your case and for filing the proper legal documents. The laws and rules are set out in the Nevada Revised Statutes, the Rules of Civil Procedure, and the local rules governing the jurisdiction in which you are filing your documents. When you sign these documents and present them for filing with the court, it is assumed by the court that you have carefully read the documents, that you understand all the terms in the documents, that you agree with all the provisions in the documents, and that you are aware of all the consequences those provisions may produce. Before filling in any portion of the following document, read all the material included in this packet regarding custody, visitation, child support, and definitions of terms. THIS INFORMATION IS PROVIDED AS A COURTESY ONLY. THE COURT, SELF HELP CENTER, NON-PROFIT ORGANIZATION, OR LAW LIBRARY THAT MAY PROVIDE THIS INFORMATION SHALL NOT BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE FURNISHING OF THIS MATERIAL.

3 INSTRUCTIONS FOR FILLING OUT THE FORMS IMPORTANT: If you are presently represented by an attorney in this matter you cannot file a Stipulation on your own. The attorney of record must either: 1. File the Stipulation on your behalf, Or 2. File a formal Withdrawal of Counsel form so you can represent yourself in this matter, Or 3. Sign a Substitution of Counsel form which substitutes the attorney out of the case and states you are representing yourself in this matter. If you have ever been represented by an attorney in this matter, you must be sure the attorney has formally withdrawn from the case by filing a Withdrawal of Counsel form or a Substitution of Counsel form with the filing clerk s office. If you do not know if your former attorney has formally withdrawn from your case, please check with the filing clerk s office before trying to file the Stipulation. If your former attorney has not formally withdrawn from the case, the judge cannot accept the Stipulation and cannot sign the Order. The forms do not have to be typed but, if you are filling the spaces in by hand, be sure to use a pen with black or blue ink and print neatly. Do not use any white-out correction fluid on the documents or they will not be accepted for filing. The penalty for making a false statement in a declaration that is made under penalty of perjury is a minimum of 1 year and a maximum of 4 years in prison, with the possibility of an additional fine of $5000 or more if authorized or required by statue. See N.R.S Included in this packet are the following forms: Stipulation Modifying Child Related Orders Joint Request For Submission of Stipulation Order Affirming Stipulation REV 10/2009 AA 1 S-2

4 Filling in the Stipulation Starting in the upper left corner, each party must fill in their name, address and telephone number. Fill in the heading exactly as it appears on your other documents, including the case number and the department number. Fill in the information in the spaces, as directed. Do not leave spaces blank. EXAMPLES OF WORDING FOR CHANGES When detailing the changes you want made to an order or decree, state the page upon which the original provision is found in the decree or order and the line or paragraph upon which the provision is found, for instance: On page 2, paragraph 3, of the divorce decree, instead of father will have visitation with the minor child beginning on Saturday morning at 10:00 a.m. we agree that father s visitation should be changed to begin on Friday night at 5:00 p.m. When adding something to a decree or order, make the statement that it is an addition to the decree or order, for example: Husband and Wife agree that the following should be added and included in the decree or order: Husband and Wife agree they will equally share the premiums of the medical insurance for the children and equally share any unpaid medical debts incurred on behalf of the children. When agreeing that something should be removed, entirely, from a decree or order, it is extremely important that it is clear just what should be removed. For instance: On page 5, paragraph 3, lines 2 through 5, Husband and Wife agree that the following should be removed, entirely, from the decree or order: All the furnishings of the home shall be sold and the profits shall be divided equally between Husband and Wife. -or- On page 1, paragraph 2, lines 3 through 6, it is stated that the furnishings of the home shall be sold and the profits divided equally between Husband and Wife. We agree that line must be entirely removed because the house burned down and all the furnishings have been destroyed. These are only examples of how detailed your changes must be. If you have any questions, seek the advice of a private attorney or guidance from the Family Court Self Help Center. REV 10/2009 AA 2 S-2

5 Filling out the Joint Request for Submission of Stipulation In the upper left corner, print your Names, Addresses and Telephone Numbers. Fill in the heading (Petitioner/Plaintiff, Respondent/Defendant) as it appears on all other documents in this case, including the Case No. and Dept. No. Carefully fill in the remaining spaces as directed on the form. SIGN THE DOCUMENT Filling in the Order Fill in the heading exactly as it appears on your other documents, including the case number and department number. Fill in the date the Stipulation was filed with the Court in the two spaces provided. Do not fill in any further information. The judge will fill in the information at the time of signing the Order. You are now ready to copy and file your forms. Copying and Filing of Documents You are responsible for the proper copying and filing of the documents. It is better if you make the copies before bringing them to be filed in. If the filing clerk s office makes copies for you they must charge $0.50 per page for copies. You will need at least two copies of the Stipulation, two copies of the Joint Request For Submission and two copies of the Order in addition to the original documents. If exhibits are attached to the original documents, a copy of the exhibits must be attached to each of the copies. Take the original documents and the copies to the filing clerk s office located on the first floor of the courthouse at 75 Court Street, Reno, NV. The filing clerk will keep the original documents and return the file stamped copies to you. The file clerk will now transfer the whole file from their office to the judge for review and signature on the order. It is advised that you each include a self addressed, stamped envelope when you file your Stipulation with the file clerk s office so you can be assured of receiving a copy of the signed, file stamped Order after the judge has signed it. If you do not receive a copy of the signed Order Affirming Stipulation within ten (10) days after filing it with the clerk s office, you may track the status of your documents. To track the status of your documents, contact the clerk s office at (775) REV 10/2009 AA 3 S-2

6 If the Court needs more information than you have provided in the Stipulation, the Court may mail you a letter of deficiency stating what is needed to complete the Stipulation, or, the Court may set a hearing. In either case, it will be your responsibility to follow-up to complete the necessary paperwork to get your Stipulation affirmed. REV 10/2009 AA 4 S-2

7 IMPORTANT BEFORE YOU START READ ALL INSTRUCTIONS CAREFULLY Do NOT use Wite-Out or other correction fluid/tape on the documents. The Filing Office will not accept documents with Wite-Out or other correction fluid/tape on them. Use Black Ink PRINT all information neatly REV 7/2010 AA

8 Code: 4050 Name: Address: Telephone: Name: Address: Telephone: Self-Represented Litigants IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, Plaintiff/Petitioner,, Defendant/Petitioner/Respondent. / IN AND FOR THE COUNTY OF WASHOE vs Case No. Dept. No. STIPULATION MODIFYING CHILD RELATED ORDERS IT IS HEREBY STIPULATED AND AGREED, by and between (Plaintiff/Petitioner s and, the parties in this matter, name) (Defendant/Petitioner/Respondent s name) that the orders now existing, which were entered on regarding (Date the order was entered that you are modifying) the child(ren) in this matter, namely: NAME DATE OF BIRTH REV 9/ S-2

9 be modified, or changed, as follows: Be very specific and detailed as to how you want the order changed. For each part of the order or decree that you want to change, first, identify the part of the document to be changed, and second, state the change you are agreeing to. If the change is a new addition to the order or decree, state the fact that it is to be added to the order or decree. (See instructions for examples of proper wording) (If more room is needed, you may attach additional paper. Be sure each page is clearly identified as a Continuance of the Stipulation and each page is initialed by both parties) REV 9/ S-2

10 All other provisions, except those modified, shall remain as stated in the prior order(s). The parties hereby certify that they are not represented by counsel in this matter and, if they have been previously represented by counsel in this matter, that counsel has formally withdrawn from this case by having filed with the Court either a formal Withdrawal of Counsel or a Substitution of Counsel, stating the party now represents themselves. This document does not contain the Social Security number of any person. We declare, under penalty of perjury under the law of the State of Nevada, that the foregoing is true and correct. Dated: Dated: (Signature) (Signature) REV 9/ S-2

11 Code: 3860 Name: Address: Telephone: Name: Address: Telephone: Self-Represented Litigants (Date Stipulation is filed) IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, Plaintiff/Petitioner,, Defendant/Petitioner/Respondent. / IN AND FOR THE COUNTY OF WASHOE vs JOINT REQUEST FOR SUBMISSION OF STIPULATION Case No. Dept. No. The Petitioners above named, acting in Proper Person, request that their Stipulation Modifying Orders filed on, be submitted to the Court for review and approval. This document does not contain the Social Security number of any person. We declare, under penalty of perjury under the law of the State of Nevada, that the foregoing is true and correct. Dated: (Signature) Dated: (Signature) REV 3/2016 ER 1 S-2

12 1 Code: IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, Plaintiff/Petitioner,, Defendant/Petitioner/Respondent. / IN AND FOR THE COUNTY OF WASHOE vs ORDER AFFIRMING STIPULATION Case No. Dept. No. Based upon the Stipulation and Agreement of the parties filed in this matter on agreement of the parties,, and finding that it is in the best interests of the minor child(ren) to confirm the IT IS HEREBY ORDERED that the prior order(s) of this Court regarding the minor children is/are hereby modified and the provisions as stated in the Stipulation Modifying Child Related Orders filed on ordered to abide by those modified provisions., are hereby AFFIRMED and the parties are hereby PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS NRS REV 3/2016 ER 1

13 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS , and that the terms of the Hague Convention of October 25, 1980, adopted by the 14 th Session of the Hague Conference on Private International Law, apply if a parent abducts or wrongfully retains a child in a foreign county. Dated: DISTRICT JUDGE REV 3/2016 ER 2