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The
Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation
Received:
1988
Appendix
A - Forms
UTE
INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| THE
UTE INDIAN TRIBE, |
)
|
CRIMINAL
COMPLAINT
No. __________________
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Plaintiff,
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vs.
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___________________________,
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Defendant.
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The
undersigned complainant swears that: On or about _______________________,
19____, at approximately __________________________________ o'clock
_____m.
at ________________________________________________within the
jurisdiction
................................. (Location)
of this Court, _____________________________________________ did
commit the
.....................................................(Defendant's
Name)
offense
of ________________________________________________ in violation
of
.................................................(Name
of Offense)
Sec.
____________________________ of the Ute Law and Order Code in
that he did
____________________________________________________________________
____________________________________________________________________.
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| against
the laws, peace and dignity of the Ute Indian Tribe. |
| |
| DATED:
______________________ |
Signed ________________________ Complaining Witness
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| Sworn
to before me by the complaining witness this _____________________day
of |
| ______________________________,
19_____. |
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_________________________
Tribal Judge
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A-2
UTE INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| THE
UTE INDIAN TRIBE, |
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WARRANT
OF ARREST
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Plaintiff,
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vs.
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___________________________,
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Defendant.
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)
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GREETINGS:
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TO
THE UTE INDIAN TRIBAL POLICE OR ANY POLICE OFFICER OF THE
UNITED STATES INDIAN SERVICE.
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.....WHEREAS,
a complaint has been filed in the above-entitled Court charging
that the
offense of _______________________________________________________
in
in
violation of Section _________________, of the Ute Law and Order
Code, has been
committed and accusing the above-named Defendant thereof, you
are hereby
commanded to arrest and bring the said Defendant before a Judge
of the Ute Indian
Tribal Court to answer said complaint.
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DATED:
__________________________
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________________________________
Judge of the Tribal Court
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Received the within warrant on the ______________day
of __________________________________________
19___and executed the same on the _______________
day of _______________________________________
19___by arresting the within named defendant at
_____________________________________________
and now have him or her before the court as commanded.
_____________________________________________
..........................Officer's
Signature
_____________________________________________
.....................................Title
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......................
A-3
UTE INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| THE
UTE INDIAN TRIBE, |
)
|
TEMPORARY
COMMITMENT
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Plaintiff,
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vs.
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__________________________,
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Defendant.
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TO
THE KEEPER OF THE JAIL OF THE UINTAH AND OURAY INDIAN RESERVATION:
WHEREAS,
the above-named Defendant has been lawfully arrested and is
now before
the Court,
and
WHEREAS,
good cause has been shown why he should be detained until the
decision of
his case,
YOU
ARE HEREBY COMMANDED to receive the above-named Defendant in
custody and
hold him until the next session of the Court or further order
of the Court.
Offense:
Cash
Bond Set At:
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___________________________
Judge of the Tribal Court
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| DATE:_________________________ |
A-4
UTE INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| THE
UTE INDIAN TRIBE, |
)
|
FINAL
COMMITMENT
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)
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Plaintiff,
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vs.
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__________________________,
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Defendant.
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TO
THE KEEPER OF THE JAIL OF THE UINTAH AND OURAY INDIAN RESERVATION:
.....Whereas,
the above-named Defendant having this day been found guilty of
violation
of Section _______________ of the Ute Law and Order Code by committing
the offense
of __________________________________________________________________,
I have adjudged that he serve __________________________ days
in jail and/or pay
$_____________________. You are therefore commanded to receive
him in custody
for the period stated unless otherwise ordered by the Court.
.....Done
in open Court this _____ day of ____________________________________,
19____.
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___________________________
Judge of the Tribal Court
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A-5
UTE INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| THE
UTE INDIAN TRIBE, |
)
|
ACKNOWLEDGEMENT
OF RIGHTS
No.______________________
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)
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Plaintiff,
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)
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)
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vs.
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)
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)
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__________________________,
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)
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Defendant.
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)
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I
hereby acknowledge that I have read and/or had explained to me
the following
matters and that I understand them:
...(1)
I am charged with ______________________________________________
in
violation of Section __________of the Ute Law and Order Code.
The maximum
sentence for a conviction of this charge is __________________________________.
....(2)
I have the following rights:
- The
right to remain silent and make no statement whatsoever, unless
I choose to do so.
- The
right to be tried by a jury if I so choose.
- The
right to be represented by counsel at my own expense and to
have the opportunity to obtain and consult with counsel. I
understand, however, that the Ute Indian Tribe has no obligation
to provide me with counsel.
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____________________________
(Date)
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______________________________
(Signature of Accused)
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| WITNESS: |
_______________________________ |
| |
_______________________________ |
A-6
UTE INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
WARRANT
TO SEARCH
|
TO
ANY TRIBAL POLICE OFFICER OR OTHER AUTHORIZED LAW ENFORCEMENT
OFFICER:
A
sworn statement having been filed with me by _____________________________
..................................................................................................
........_.. (name of officer)
charging
that he has reason to believe that on the premises known as _______,
_______________________________________________________________
(address
or description of property)
located
within the jurisdiction of this Court, there is located certain
seizable
property, namely,________________________________________________
______________________________________________________________
(describe
property to be seized)
and as I am satisfied that there is probable cause to believe that
such property is
located as above described and is properly subject to seizure,
YOU ARE HEREBY COMMANDED to search the premises named above
for the
property
specified and to serve this Warrant, and if the property is found
there to
seize it and bring it before this Court.
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___________________________________
(Date)
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________________________________
(Signature of Judge)
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RETURN
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Received
the warrant on _______________________________________, 19___
and executed it on _______________________________________, 19____
and
seized
the following property: _________________________________________
.................................................(Described
the property seized)
_________________________________________________________________ |
|
_________________________
(Date)
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__________________________
(Signature of Officer)
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A-7
UTE
INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| THE
UTE INDIAN TRIBE, |
)
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)
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Plaintiff,
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)
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vs.
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__________________________,
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Defendant.
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TO:
____________________________________________
......____________________________________________ |
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You
are hereby summoned to appear personally before the Ute Indian
Tribal
Court
of the Uintah and Ouray Reservation, located at Fort Duchesne,
Utah on the
_____ day of __________________, 19_____, at ______ a.m. or p.m.,
to answer
the following offense: ___________________________________________________
____________________________________________________________________
Ute
Law and Order Code, Section _____________________.
NOTICE:
|
YOU ARE HEREBY NOTIFIED that an officer of the Court will file
a complain against
you for Disobedience to the Lawful Orders of Court, and the Court
will issue a warrant
for your arrest if you fail to appear.
DATED: ___________________________
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_______________________________
Clerk of the Tribal Court...........
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RETURN
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This
summons was received by me at ____________________________________,
on
________day of _________________________, 19____. |
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_________________________
DEFENDANT
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Name
and address of
Counsel: |
__________________________
__________________________
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A-8
UTE INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| THE
UTE INDIAN TRIBE, |
)
|
SUBPOENA
- CRIMINAL
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)
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Plaintiff,
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vs.
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__________________________,
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Defendant.
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TO:
____________________________________________
......____________________________________________ |
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YOU
ARE HEREBY COMMANDED to appear before the above-entitled Court
at Fort
Duchesne,
Utah on the ________ day of _____________, 19 ____, at _______o'clock
to serve as _____________________________________, in the above-entitled
case.
If you fail to obey this subpoena without good cause, an officer
of the court will fill a
complaint against you for Disobedience to the Lawful Orders of the
Court and the Court
will issue a warrant for your arrest.
DATED: ___________________________
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|
_________________________
Clerk of the Tribal Court
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Served on _____________________________ at ____________________________
By Officer ____________________________________________________________
this _______ day of ___________________________________________,
19 _____
Time: _________________________________
Signature: _____________________________
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A-9
UTE INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| THE
UTE INDIAN TRIBE, |
)
|
PROBATION
PLEDGE
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)
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Plaintiff,
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)
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)
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vs.
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__________________________,
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Defendant.
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)
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I,
_______________________________________________, the above-named
defendant,
having accepted probation in the above-entitled case for a period
of
________________________, do hereby pledge as follows:
- That
I will not violate any Tribal law, ordinance or resolution
or federal or state
law during the term of my probation.
- That
I will report to ________________________________________________
at least every ____________________________and that I will
comply with such
terms and conditions as he/she shall establish.
- That
___________________________________________________________
_______________________________________________________________
_______________________________________________________________
DATE: _____________________________ |
| |
_________________________
Defendant
|
A-10
UTE INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| __________________________, |
)
|
CIVIL
COMPLAINT
No. _________________
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)
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Plaintiff,
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)
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vs.
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)
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)
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__________________________,
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)
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Defendant.
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)
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Plaintiff
claims and alleges as follows:
- That
Defendant is (make jurisdictional allegation)
- That
Plaintiff is entitled to relief from Defendant as follows:
- Defendant
owes Plaintiff $_______________________________________
as a result of _________________________________________________
____________________________________________________________
- Plaintiff
was injured in the amount of $__________________ as a
result of
Defendant's negligently/intentionally _____________________________
- Defendant
has possession of ____________________________________
to which Plaintiff is entitled to have possession for
the following reason:
___________________________________________________________
- Other
______________________________________________________
___________________________________________________________
WHEREFORE, Plaintiff prays that the Court grant judgment in
his/her favor as
follows:__________________________________________________________
that Plaintiff recover his/her costs of court, and for such
other relief as to the
Court seems just.
DATE: _____________________________
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___________________________
PLAINTIFF
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___________________________
(ADDRESS)
|
| ___________________________ |
A-11
UTE
INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| __________________________, |
)
|
COMPLAINT
FOR DIVORCE
No. _________________
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)
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Plaintiff,
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)
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)
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vs.
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)
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)
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__________________________,
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)
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Defendant.
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)
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Plaintiff
claims and alleges as follows:
- That
Defendant is an enrolled member of the Ute Tribe.
- That
Defendant resides at __________________________________________
-
That Plaintiff is a resident of ________________________________________
and has been for ______________________________ months.
- That
Plaintiff and Defendant are husband and wife, having been
married at
___________________________ on __________________________,
19___.
-
That
Plaintiff and Defendant have _____ children issue of said
marriage and
their names and ages are as follows:
______________________________________________________________
______________________________________________________________.
-
That
said child are now in the care and custody of the Plaintiff
who, as their
mother (father), is entitled to have such custody awarded
to her (him).
- That
on or about ________________________________, 19 ____, Defendant
(a) Committed adultery;
(b) Willfully deserted Plaintiff for more than one year;
(c) Willfully neglected to provide for Plaintiff the common
necessities of life for
......a period of one year;
(e) Was convicted of a felony or a Class A offense;
(f) Treated Plaintiff cruelly, causing her bodily injury/great
mental distress;
(g) Became permanently insane;
(h) Was or became permanently impotent, which impotency continues
to be
......present.
- Plaintiff
and Defendant have acquired the following property during
their
marriage, which Plaintiff is entitled to have awarded to him/her:__________
____________________________________________________________.
-
A
reasonable amount to be awarded Plaintiff as alimony and
support money is
$______________________ per month.
WHEREFORE, Plaintiff demands judgment as follows:
(1) Divorcing Plaintiff and Defendant;
(2) Awarding Plaintiff care, custody and control of said
minor children;
(3) Awarding Plaintiff the property listed above;
(4) Awarding Plaintiff the sum of $_________________ per
month as alimony
and child support.
(5) Awarding Plaintiff his/her costs of court.
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DATED:
_____________________________
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___________________________
PLAINTIFF
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___________________________
(ADDRESS)
|
| ___________________________ |
A-12, 13
UTE
INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| ___________________________, |
)
|
SUBPOENA
- CIVIL
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)
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Plaintiff,
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)
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)
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vs.
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)
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)
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___________________________,
|
)
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Defendant.
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)
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TO:
____________________________
_____________________________
|
YOU
ARE HEREBY COMMANDED to appear before the above-entitled Court
at Fort
Duchesne,
Utah on the ________ day of _____________, 19 ____, at _______o'clock
to serve as _____________________________________, in the above-entitled
case.
If you fail to obey this subpoena without good cause, an officer
of the court will fill a
complaint against you for Disobedience to the Lawful Orders of the
Court and the Court
will issue a warrant for your arrest.
DATED: ___________________________
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|
__________________________
Clerk of the Tribal Court
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|
Served
on _________________________ at ________________________________
By
Officer ____________________________________________________________
this
_______________ day of ____________________________________, 19____.
Time:___________________________________________
Signature:_______________________________________
|
A-14
UTE
INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| ___________________________, |
)
|
SUMMONS
AND NOTICE OF
ACTION - CIVIL
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)
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Plaintiff,
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)
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)
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vs.
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)
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)
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___________________________,
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)
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Defendant.
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)
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TO:
____________________________
_____________________________
|
YOU
ARE HEREBY SUMMONED and required to file with the Clerk of the
Ute Tribal
Court
and serve a copy upon the Plaintiff or his counsel, an answer to
the Complain
which is hereby served upon you, within twenty (20) days after service
of this
summons upon you, exclusive of the day of service. If you fail to
do so, judgment by
default will be taken against you for the relief demanded in the
Complaint.
DATED
this ___________ day of ______________________________, 19____.
|
| |
_________________________
Clerk of the Tribal Court or
Counsel for Plaintiff
|
I
have this date served the Summons and Complaint upon the aboved-named
Defendant.
|
| DATE
_____________________________________ |
TIME_____________________ |
| OFFICER/SERVER:
_____________________________________________________ |
I
have this date received the above Summons and Complaint.
|
| |
DEFENDANT:
______________
DATE: ____________________ |
A-15
THE
INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| THE
UTE INDIAN TRIBE, |
)
|
BAIL
BOND
No. _______________________
|
| |
)
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Plaintiff,
|
)
|
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)
|
|
vs.
|
)
|
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)
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__________________________,
|
)
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Defendant.
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)
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|
An
order having been made by the above-entitled Court on _______________
19___,
that the above-named defendant be held to answer on a charge of
_______________,
___________________________________________________________________,
Sec. _____ of the Ute Law and Order Code, upon which bail has
been set at $_______.
.....We, ___________________________________________________________
and
_______________________________________________________, persons
subject
to the jurisdiction of the above-entitled Court, do hereby agree
and undertake that the
above-named Defendant shall be and appear at all times and places
as the Court shall
order to answer for such charge and at all times obey the orders
and process of said
Court,
and, if convicted on such charge, said Defendant shall appear
for judgment,
sentencing and execution of sentence;
.....We
further agree to pay the Ute Indian Tribe the sum of $____________________
upon order of the Court if said Defendant shall fail to perform
any of said conditions,
and understand that a charge of failure to obey the lawful orders
of the Court may be
filed against us should we fail so to do.
|
| |
___________________________________
Surety
______________________________
Surety
|
| THE
UTE INDIAN TRIBE, |
)
|
|
| |
) |
ss.: |
| STATE
OF UTAH |
) |
|
________________________________________________________________
and
______________________________________________________________________,
the
sureties to the above Bail Bond, being first duly sworn, says
each for himself, and
not one for the other, that he is worth the sum of $___________________________
over and above all his just debts and liabilities and exclusive
of property exempt from
execution and that he resides within the Uintah and Ouray Reservation.
Subscribed
and sworn to and filed and approved before me this ___ day _______,
19_____.
|
|
_____________________________
UTE TRIBAL JUDGE...........
|
A-16, 17
THE
INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| THE
UTE INDIAN TRIBE, |
)
|
RELEASE
ORDER-OWN RECOGNIZANCE
No. _______________________
|
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)
|
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Plaintiff,
|
)
|
| |
)
|
|
vs.
|
)
|
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)
|
|
__________________________,
|
)
|
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Defendant.
|
)
|
On
this ______________ day of ______________________________, 19
___,
I hereby
release_______________________________________________________
on his own recognizance. Said defendant is hereby ordered to return
on the ________
day of ______________, 19___, at _______________ o'clock ___m.,
and if he fails
to do so, he will be charged with Bail Jumping or Failure to Obey
the Lawful Orders of
the Court.
Conditions
of Release/Remarks:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
Date
_______________________________, 19___.
|
| |
___________________________
Tribal Judge
|
| |
|
| Time
Released _______________ a.m. or p.m. |
Date
_________________________ |
| |
|
| Time
Returned ______________ a.m. or p.m. |
Date
_________________________ |
| |
|
| |
____________________________
Signature of Jailer
|
A-18
THE
INDIAN TRIBAL COURT
OF
THE
UINTAH
AND OURAY RESERVATION
| THE
UTE INDIAN TRIBE, |
)
|
CASH APPEARANCE BOND
No. _______________________
|
| |
)
|
|
Plaintiff,
|
)
|
| |
)
|
|
vs.
|
)
|
| |
)
|
|
__________________________,
|
)
|
|
Defendant.
|
)
|
| THE
DEFENDANT PROMISES AND AGREES: |
That
if the Defendant fails to appear personally before the Tribal
Court of the
Ute Indian Tribe at (time) ___________ on _________________________,
19___,
and there to answer to a complaint filed against him or her, and
to appear at such
other times as he may be ordered by the Court until final disposition
of this case, then
he
or she shall forfeit $ ________________________ deposited as a
personal bond
and be liable to be charged with Bail Jumping or Failure to Obey
the Lawful Orders of
the Court. If the Defendant does appear at all times so required,
then this bond shall
become void upon final disposition of the case.
|
Signed
this _________________ day of ______________________, 19 ____.
|
| |
| |
___________________________
Defendant
|
Signed
and acknowledged before me on ________________________ 19____.
|
| |
_____________________________
Clerk or Judge
|
| DISPOSITION: |
Bond
forfeited. Date ____________________
|
___________________________
Clerk
|
$ ___________________ returned.
|
_____________________________
Defendant
|
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|