CLERK OF COURT PROCEDURES & FILES POLICY

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2 CLERK OF COURT PROCEDURES & FILES POLICY Justice shall be administered in a timely, efficient and effective manner. The Chippewa Cree Tribal Court is responsible for all matters filed before it. The Court Administrator is responsible for overseeing the Tribal Court Clerk s office to ensure efficiency, accountability and accuracy of the Tribal Court as the Judicial Division. The Clerk of Court and Assistant Clerk have the responsibility to accurately receive, file, and maintain all documents pertaining before the Court. PROCEDURES GENERAL FILINGS The Clerk s office must accept all documents presented for filing as long as minimal standards are met. Standards include: Jurisdiction according to the Chippewa Cree Tribal Law and Order Code, identification of parties and required filing fee. 1. A Civil filing fee will never be charged to the office of the Chippewa Cree Tribe Legal Department, Prosecutor, Human Services, Social Services, Housing Authority, Temporary Assistance for Needy Families, Indian Child Welfare Act, Law Enforcement, Wildlife and/or Natural Resources. 2. All documents presented to the Court for filings must be filed stamped (right top corner) with date, time and initials immediately upon receipt, entered into FullCourt and placed in the appropriate case file. 3. Stamp RECEIVED (bottom right corner) on all completed service documents and file in case files (subpoenas, warrants, Notice of Hearings, summons, etc.). 4. Once a new complaint/petition has been properly filed, the Clerk of Court will forward the complaint/petition to the appropriate Clerk and enter into FullCourt to the proper division. The Clerk will place the complaint/petition inside a color-coded file and create a label with case subtype and number.

3 Red Civil (Statement of Claim, Child Support, Paternity, Name Changes, Guardianship Protective Orders and Injunctions Probate) Yellow Custody, Temporary Custody and Marriage License Blue Juvenile Green Criminal Search Warrant Manila Traffic 2 Part Classification Dark Blue Appeals 5. All filings will be accepted between the hours of 8:00 a.m. to 4:30 p.m. Any matters that are handed to the Clerk for filing before the hour of 8:00 a.m. will not be court stamped in until after 8:00 a.m. Any filings after the hour of 4:30 p.m. will not be accepted or court stamped until the next business day. 6. All orders signed by the Judges will be immediately placed in proper case file for processing. All orders must be stamped with the Entered Stamp on the right hand corner and initialed upon receipt and processed through immediately. 7. NO files must be left out of file cabinet or on the Clerk of Court s desk at the end of the work day. All files must be placed in the Clerk of Court filing cabinet in their assigned drawer and locked at the end of the working day. Each Clerk of Court is assigned their own basket. 8. When a defendant is ordered to pay a fine, jail time, probation, Substance Abuse, Domestic Violence Counseling, Wellness Court, or any other services, the Clerk must provide copies of the order to the appropriate parties involved. 9. When a juvenile defendant is ordered to pay fine; detention time, probation, Substance Abuse, Domestic Violence Counseling, Wellness Court, or any other services the Clerk must provide copies of the order to appropriate parties involved ONLY after parental/guardian/custodial consent is obtained and placed in case file. 10. All disposition of cases, including court dates must be logged (up-dated) in FullCourt case management system, arrest record and reminder (tickler) system. 11. The Clerk of Court will ensure quality control and monitor the performance of the Clerks office daily work.

4 12. In the absence of the Clerk of Court, the Court Administrator will be responsible for the oversight of the Clerk of Courts Office. NEW CASE FILINGS When a new complaint/petition/application is received by the Clerk of Court, the complaint/petition/application must be immediately file stamped received in the upper right hand side of the document, initials must be placed in the filing stamp or along with the date and time of filing and shall be placed in the in-coming basket. The Clerk of Court will review the document and forward it to the appropriate Clerk for assignment. 1. The Clerk will enter in the case into FullCourt (the data management system) which will automatically assign a docket number (Alpha-Numeric). The case management system fields shall be completed as much as possible. Such as: Full Legal Name, Date of Birth, Social Security Number, Physical and mailing address, etc. All documents must be scanned into the case management system. 2. The new charge must be logged in the defendant/juvenile arrest record. If an arrest record does not exist a new one must be created. CASE SUBTYPE CATEGORIES: 3. Civil (CV), Adoption (AD), Appeals (AP), Child Custody (CC), Termination of Parental Rights (TR), Child Support (CS), Divorce (DI), Emancipation (EM), Emergency Protection (EP), Full Legal Custody (FC), Guardianship (GS), Loan Default (LD), Legal Separation (LS), Marriage (MR), Name Change (NC), Power of Attorney (PA), Probate (PR), Paternity (PT), Restraining Order (RO), Temporary Custody (TC), Tort (TT), and Criminal (CR), Alcohol Related (AR), Drug Related (DR), Domestic Violence (DV), Extradition Warrant (EW), Fish & Wildlife (FW), Misdemeanor (MD) and Traffic (TR); Juvenile (JV), Juvenile Informal (JI), Alcohol Related (AR), Drug Related (DR), Domestic Violence (DV), and Traffic (TR). 4. The complaint/petition/application is then placed inside color coded file. 5. Create a label. The label shall state the docket number and case subtype, place label on tab portion of the file folder.

5 6. The complaint/petition/application shall be secured on the right hand side of file folder with a prong and a register of actions sheet shall be secured on the left hand side of the case file folder. INDIGENT FILERS-APPEAL CASES ONLY If the plaintiff claims they cannot afford a filing fee (indigent) an application for a Waiver of a Filing Fee must be filed. The application must be attached to the petition and immediately forwarded to the presiding Judge for his/her approval. Only the Waiver is court stamped (upper right hand side). Once the presiding Judge approves the waiver, the Petition will be immediately file stamped and placed in the proper case file. The Clerk of Court will review and forward the document to the appropriate Clerk for case processing. If the Waiver is denied, then the Clerk shall forward the original Waiver form and the original claim statement explaining that the required filing fee must be paid prior to processing the claim. ARRAIGNMENTS POLICY An arraignment is the initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and to enter a plea. (Black s Law Dictionary) The Clerk of Court must screen all criminal complaints to ensure that all complaints meet the requirements pursuant to Chippewa Cree Tribal Law & Order Code and Constitution. PROCEDURE FILINGS 1. Scheduled arraignments issued by summons are held on Tuesdays and Friday at 10:00 a.m. 2. All in custody arraignments are held daily at 1:30 p.m. 3. All complaints/citations filed by the Office of the Prosecutor must be reviewed by the Clerk of Court for proper cites and elements pursuant to Chippewa Cree Tribal Law & Order Code which includes: a. The name of the defendant; and,

6 b. The location where the offense is alleged to have occurred; and, c. The date and approximate time the offense is alleged to have occurred; and, d. The particularity the alleged facts which address and constitute each element of the offense charged; and e. The defendant s residence and mailing address, date of birth, social security number, and physical description. 4. After review of the complaint the Criminal Clerk will promptly file stamp the complaint in the upper right hand side and placed in proper case file. The Clerk of Court will review the document and forward to the appropriate clerk for processing. 5. A docket number must be assigned automatically by FullCourt once entered in the case management system with the proper amount of counts and logged in the defendants record and placed inside a craft color file. The complaint must also be scanned once proper equipment is obtained. 6. Create a label, the label shall state the docket number and case subtype, place label on tab portion of the file folder. 7. If the defendant is not in custody a criminal summons must be issued with the date and time of scheduled arraignment. A copy of the complaint must be attached to the summons for the Defendant. The court date must be scheduled in FullCourt in the master court calendar. 8. If the defendant is located off the reservation the summons shall be issued by certified mail to the defendants last known address. The mailing should be at least 2 weeks prior to the scheduled arraignment date. An affidavit of service (mailing) should be completed and placed in the case file. 9. If the defendant is in custody a summons is not needed. A copy of the criminal complaint is handed to the defendant at the arraignment time. HANDLING MOTIONS 1. When a party wished to move the court on any particular matter a Motion and/or Motion and Order must be filled out and completed by the moving party. Verbal or

7 hand written informal requests will not be accepted, parties must be formalized templates provided by the Clerk of Court. 2. Upon receipt of a Motion, the clerk shall ensure that a docket number is indicated on the motion. 3. When the Clerk receives a motion they must check for certification that the other party has received a copy of the motion. If the Clerk accepts the motion without the certification, then it would be the responsibility of that Clerk to mail or forward a copy of the motion to the other party involved using the certification stamp or fill out the certification in the left bottom of the Motion Form. 4. The Clerk that received the file will forward the case file to the proper Clerk. The motion will be immediately filed in proper case file for review and processing. 5. The motion must be immediately hand carried to the Judges for his/her review. HANDLING ORDER 1. All orders signed by Judges shall be stamped with the Entered Stamp with date and time in the upper right hand side of the document and initialed. The Clerk of Court shall forward the file to the proper Clerk to be processed immediately. 2. NO files must be left on the clerks desk at the end of the work day. All files must be placed in proper cabinet in their assigned drawer and locked at the end of the working day. RECORD KEEPING 1. All files must be maintained in proper chronological order. 2. All files must be organized pursuant to Intra-Office Policy. 3. The FullCourt Register of Action (ROA) must be updated each time a pleading is received or if the case is worked on.

8 4. Diligent effort must be made to give all parties copies of minute orders, Judgements or court orders after the court hearing. If it is impossible to hand copies to the parties then it must be mailed by the next business day. 5. When mailing must occur, an Affidavit for Certificate of Mailing must be completed for each party the mailing goes to. The Affidavit is placed on the left hand side of the case file. The Clerk must write the case number on all certified receipts to ensure proper filing once returned from the Post Office. 6. The FullCourt data base must be updated with new court date and/or disposition for each case count. 7. The FullCourt arrest record must be updated for each case count. 8. The Clerk will assure that the file is properly prepared and ready for hearing 24 hours before the day of the hearing. If pleadings or completed return of service are not in the file, the Clerk must notify the Clerk of Court. The Clerk of Court that is assigned to clerk in the Court that day will notify the presiding judge of non-service. 9. All Motions for continuance must be filed at least 24 hours prior to court date and time. RETENTION & RECORD STORAGE POLICY 1. All Civil cases will be stored by year, case subtype and numerical order in the file cabinets for quick and easy access and all Criminal cases will be stored by year and numerical order for quick and easy access. 2. All files removed from the cabinets must have an out card indicating who checked it out with the day, case number and who has the case file and also recorded in FullCourt who checked out the file and when. This will eliminate lost files. Record Title and Description Retention Period Disposition Divorce 50 years Eviction/forcible Detainer 1 year Foreclosure 10 years Personal Injury

9 -No Judgement/dismissal -Judgement without lien -Money judgement entered and not renewed -Money judgement entered and renewed Property Damage -No judgement/dismissal -Judgement without lien -Money judgement entered and not renewed 5 years 5 years 11 years 21 years 5 years 5 years 11 years 21 years -Money judgement entered and renewed Quiet Title and eminent Domain (?) 20 years Archive Trust Proceedings Permanent Archive Civil Court Report Notes General 7 years Civil Court Reporter Notes Support Hearings 60 days after the order been confirmed Wills Permanent Archive Probate - Conservatorship - Conservatorship Minor - Guardianship - Guardianship Minor - Protective Proceedings - Formal Probate of Will - Informal Probate of Will - Formal Probate - Informal Probate - Domiciliary Proceedings - Heirship Permanent Archive Civil Case Files Minors - Custody - Child Support - Contract Collection Pleadings on a contract or an action for collection on a debt or account due and owing. - Money Judgement Entered and not renewed. - Money Judgement Entered and renewed. - No Money Judgement and Case Dismissals. - Child Support Judgement. Civil Case Files Juveniles (May contain summons, findings of fact, order, documents related to service, court-related notices, 50 years 5 years 11 years 21 years 1 year No Disposal

10 affidavits, evaluations, and reports entered by the court. - Juvenile Delinquency - Juvenile Unruly - Juvenile Deprivation (Without parental rights termination) - Juvenile Sex Offense Files - Juvenile Termination of Parental Rights - Criminal - Inactive - Active 10 years after expiration of final order, or age 18, whichever is later 1 year 10 years after expiration of final order, or age 18, whichever is later. 10 years Permanent After 7 years 7 years Shred Shred Shred Shred Store Away CLERK AND COURT ROOM DUTIES 1. The Clerk of Court s Office should be open from 8:00 a.m. to 4:30 p.m. each work day (excluding holidays). 2. Clerks are assigned to certain areas to clerk in the court room such as Criminal, Civil and Juvenile cases. Clerks must check the calendar to ensure which case(s) is scheduled for that day. 3. Clerks must pull case files by 8:15 a.m. and prepare Register of Action from FullCourt notes for the judges. 4. Case file is then made available for the judge to view and prepare for. 5. Clerk is responsible to prepare court room (Notebook, pen and pencil, Code Book, and taper recorder). Turn computer on and get recording system ready for the hearing. The Clerk must utilize FullCourt to process case while case is being heard in Court. All proceedings must be recorded unless instructions are given by the judge to stop recording. Clerk must make diligent effort in utilizing the case log notes in FullCourt while clerking in court. 6. Clerk must ensure that all forms are available for use in the clerk s areas, this includes exhibit labels and any material necessary for court use.

11 7. Clerk is responsible for not leaving the case file out after the hearing is completed and Court room desks are clear of files, paper, etc. 8. Once hearings are completed for the day the computer must be shut down, lights off and door closed. CALENDARING 1. Before setting a hearing date in the calendar, look for the following: a. If a hearing date is currently scheduled for another case, do not schedule a case during that time. Check all judges calendar prior to scheduling. b. If you see a do not schedule note, do not set a hearing for that day. There is a reason why not to set a case for that date and time. c. All criminal cases are scheduled on Monday, Wednesday and Thursday, Civil on Monday and Wednesday morning and Juvenile on Tuesdays after 3:00 p.m. and catch all on Fridays. d. All in custody arraignments are set every day at 1:30 p.m. Monday through Friday. e. Print out FullCourt Calendar for Prosecutor and Judges; which should include time, name of the case, docket number and what type of hearing prior to every Friday morning Staff meeting for dissemination at staff meetings. 2. When setting a hearing date please do the following: a. Block enough time in the FullCourt calendar for the hearing to take place. We do not want cases to get backlogged and have the parties wait. 3. The Clerk of Court is responsible for the weekly calendar to ensure that all cases set are accounted for and ready to proceed. RELEASE OF FILES 1. Only parties to a case can view a court file. Exceptions will require approval by the judge. 2. Files will be released only upon completion of the request and approved by the Judge.

12 3. Absolutely no type of Juvenile case will be available for review. Only upon a request filed and approved by the Judge. INTRA-OFFICE POLICY CASE FILE FOLDER A case file folder is divided into two sections, a right side and a left side. Contents of each side are as follows: The LEFT side will contain documents, such as: Register of Actions Sheet, Notices, Faxes, Correspondence, Memorandums, Notice of Representation, Executed Service of Process Affidavits of mailings, Service, etc. stamped Proposed Orders (not signed or used). The RIGHT side will contain the court documents, such as: Complaint-criminal case: Petition-civil case or Juvenile case Subpoenas, Summons, Minutes, Orders, Arraignment Sheets, Order Pre-Trial Minute order Motions Exhibits/Attachments, Briefs, Judgement, Post Judgements: a) Modification(s) b) Probation Revocation Orders c) Modified Orders/Judgements; Financial Receipts, Reports, Pre-Sentence Reports, Recommendations Section of the Law Transcripts, Criminal History and (if needed for appeal) word process transcripts to transfer to appeal file. *All faxed copies will be filed in proper folder accordingly to type of document. FINANCIAL POLICY AND PROCEDURES POLICY The Chippewa Cree Tribal Court shall follow the financial procedures outlined below to ensure accountability.

13 PURPOSE This section is intended to set procedures of handling Tribal Court monies that come through the Court in fines, fees, bonds, restitution and child support. 1. All payments shall be in money order form, cash, or cashier s check. Absolutely no personal checks will be accepted. ** 2. **Checks will only be accepted from Companies bearing a company name. 3. A numbered receipt in triplicate form, bearing the name of the Chippewa Cree Tribal Court and original signature, shall be issued for all cash received and each money order or cashier s check, regardless of what the payment is for; fines, fees, bonds, restitution or child support. 4. The receipts shall be distributed as follows: a. Original given or mailed to plaintiff, respondent or defendant. b. 2 nd copy will be filed with Deposit/Accounting Financial Manager. c. 3 rd copy will remain in case file. 5. A deposit sheet shall be completed using FullCourt for each transaction receipted. 6. The Clerk of Court must verify accuracy with another court staff member. 7. The Court Administrator or Clerk must sign and date the Deposit Sheet. 8. A copy of the Deposit Sheet must be made and placed in the Tribal Courts Deposit folder by date order. 9. All receipts must be attached to Deposit Sheet with all money orders, checks and any voided receipts, and taken to the Finance Department for deposit. All receipts must be accounted for. 10. A receipt shall be issued by the Finance Department for the amount received.

14 11. The receipt from the Finance Department shall be stapled to the copy of the Tribal Courts copy of the Deposit Sheet. 12. Deposits shall be made daily. 13. In the event a deposit cannot be made, the deposit shall be placed in a locked safe until the next business day. The Court Administrator must be notified why the deposit could not be made. EFFECTIVE DATE OF COMPLIANCE Approved 1 st reading on the day of, 20 Judicial Commission Chairman Date