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REFERENCE GUIDE TO LEGAL DEFINITIONS & PROCESSES.

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Presentation on theme: "REFERENCE GUIDE TO LEGAL DEFINITIONS & PROCESSES."— Presentation transcript:

1 REFERENCE GUIDE TO LEGAL DEFINITIONS & PROCESSES

2  INTRODUCTION  DEFINITIONS  CHAPTER 1: LOCATE DOCUMENTS  CHAPTER 2: STIPULATION /or/ ESTABLISHMENT- CHILD SUPPORT; PATERNITY  CHAPTER 2a: REQUEST FOR HEARING  CHAPTER 3: ENFORCEMENT/ORDER TO SHOW CAUSE  CHAPTER 3A: REQUEST FOR HEARING  CHAPTER 4: APPLICATION FOR DEFAULT & ORDER  CHAPTER 5: MEMO FOR WARRANT  CHAPTER 6: FULL, FAITH & CREDIT  CHAPTER 7: MODIFICATION  CHAPTER 8: REDIRECT PAYMENT; EX-PARTE  CHAPTER 9: CONTINUANCE  CONCLUSION

3  Tsande Paitsuk (Good Morning) my name is Kim C. Lambert, I am a Legal Specialist for Eastern Shoshone Tribe Child Support Program with Mr. Ricky Blackburn our Case Specialist along Mr. Jeremy Brave-Heart, ESQ. our attorney from the Attorney General’s Office  We work hand in hand with the EST Office of the Attorney General’s Attorneys, who review all of our departments legal matters & Tribal Court Documents, they also represent our department in all trials..

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16 *This step is VERY IMPORTANT as it is our foundation to start our Legal process. YOU MUST HAVE A CORRECT AND DELIVERABLE PHYSICAL ADDRESS FOR THE NCP! There are 4 forms we use & also use the State office POSSE

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21  IF WE CAN COME TO AN AGREEMENT BETWEEN THE CP & NCP THEN WE WILL DRAW UP A STIPULATION TAKE IT OVER TO THE TRIBAL COURT & HAVE THE JUDGE SIGN IT, AT THIS POINT IT BECOMES AN “ORDER”-THIS IS A 2 STEP PROCESS  IF WE CANNOT COME TO AN AGREMMENT BETWEEN THE PARTIES THEN WE MUST START THE LEGAL PROCESS TO GO TO TRIAL WITH ESTABLISHMENT PETITION, AFFIDAVIT, SUMMONS, CERT OF SERVICE THEN AN ORDER. THIS IS A 5 STEP PROCESS THEN AFTER NCP IS SERVED WAIT 20 DAYS (DUE PROCESS) THEN FILE A REQUEST FOR HEARING  ONCE YOU FILE THE AFFIDAVITS,PETITION&SUMMONS YOU MUST CALL THE PROCESS SERVER TO SERVE THESE DOCUMENTS, THEN AFTER WAITING 20 DAYS (DUE PROCESS) YOU WILL FILE A REQUEST FOR HEARING.

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39 MUST START THE LEGAL PROCESS TO GO TO TRIAL WHEN THE NCP DISOBEY’SO THE ESTABLISHMENT COURT ORDER. THIS IS A 5 STEP: PETITION, AFFIDAVIT, SUMMONS, CERT OF SERVICE THEN AN ORDER. THIS IS A 5 STEP PROCESS THEN AFTER NCP IS SERVED WAIT 20 DAYS (DUE PROCESS) THEN FILE A REQUEST FOR HEARING ONCE YOU FILE THE AFFIDAVITS,PETITION&SUMMONS YOU MUST CALL THE PROCESS SERVER TO SERVE THESE DOCUMENTS, THEN AFTER WAITING 20 DAYS (DUE PROCESS) YOU WILL FILE A REQUEST FOR HEARING.

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47 THIS IS A 2 STEP PROCESS ONCE YOU FILE THE AFFIDAVITS,PETITION&SUMMONS YOU MUST CALL THE PROCESS SERVER TO SERVE THESE DOCUMENTS, THEN AFTER WAITING 20 DAYS (DUE PROCESS) YOU WILL FILE A REQUEST FOR HEARING.

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50 THIS IS A 4 STEP PROCESS- You must have the New Order to Show Tribal Court Order Cert of Service (when NCP was served) and MEMO to give to the tribal Prosecutor

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52 THIS IS A 5 STEP PROCESS ONCE YOU FILE THE AFFIDAVITS,PETITION&SUMMONS YOU MUST CALL THE PROCESS SERVER TO SERVE THESE DOCUMENTS, THEN AFTER WAITING 20 DAYS (DUE PROCESS) YOU WILL FILE A REQUEST FOR HEARING.

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57 THIS IS A 5 STEP PROCESS ONCE YOU FILE THE AFFIDAVITS,PETITION&SUMMONS YOU MUST CALL THE PROCESS SERVER TO SERVE THESE DOCUMENTS, THEN AFTER WAITING 20 DAYS (DUE PROCESS) YOU WILL FILE A REQUEST FOR HEARING.

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64 THIS IS A 2 STEP PROCESS

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67 THIS IS 2 STEP PROCESS

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70 There are many steps to the legal process and a few more that may be utilized for your needs in your department and these forms may be different than what your Tribal Department and Tribal Court authorized. These forms shown are the most common used in our field. Thank you from Kim C. Lambert, Ricky Blackburn & Mr. Jeremy Brave-Heart, ESQ.

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