The Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation, Appendix A

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. __________________
	)
Plaintiff,	)
	)
vs.	)
	)
___________________________,	)
Defendant.	)

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

____________________________________________________________________

____________________________________________________________________.

against the laws, peace and dignity of the Ute Indian Tribe.

DATED: ______________________	Signed ________________________ Complaining Witness

Sworn to before me by the complaining witness this _____________________day of
______________________________, 19_____.

	_________________________ Tribal Judge

A-2

UTE INDIAN TRIBAL COURT

OF THE

UINTAH AND OURAY RESERVATION

THE UTE INDIAN TRIBE,	)	WARRANT OF ARREST
	)
Plaintiff,	)
	)
vs.	)
	)
___________________________,	)
Defendant.	)

GREETINGS:	TO THE UTE INDIAN TRIBAL POLICE OR ANY POLICE OFFICER OF THE UNITED STATES INDIAN SERVICE.
.....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.
DATED: __________________________
________________________________ Judge of the Tribal Court
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

......................

A-3

UTE INDIAN TRIBAL COURT

OF THE

UINTAH AND OURAY RESERVATION

THE UTE INDIAN TRIBE,	)	TEMPORARY COMMITMENT
	)
Plaintiff,	)
	)
vs.	)
	)
__________________________,	)
Defendant.	)

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:

___________________________
Judge of the Tribal Court

DATE:_________________________

A-4

UTE INDIAN TRIBAL COURT

OF THE

UINTAH AND OURAY RESERVATION

THE UTE INDIAN TRIBE,	)	FINAL COMMITMENT
	)
Plaintiff,	)
	)
vs.	)
	)
__________________________,	)
Defendant.	)

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____.

___________________________
Judge of the Tribal Court

A-5

UTE INDIAN TRIBAL COURT

OF THE

UINTAH AND OURAY RESERVATION

THE UTE INDIAN TRIBE,	)	ACKNOWLEDGEMENT OF RIGHTS No.______________________
	)
Plaintiff,	)
	)
vs.	)
	)
__________________________,	)
Defendant.	)

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.

____________________________
(Date)

______________________________
(Signature of Accused)

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.
___________________________________ (Date)	________________________________ (Signature of Judge)
RETURN
Received the warrant on _______________________________________, 19___ and executed it on _______________________________________, 19____ and seized the following property: _________________________________________ .................................................(Described the property seized) _________________________________________________________________

_________________________
(Date)

__________________________
(Signature of Officer)

A-7

UTE INDIAN TRIBAL COURT

OF THE

UINTAH AND OURAY RESERVATION

THE UTE INDIAN TRIBE,	)	ss.: CRIMINAL SUMMONS
	)
Plaintiff,	)
	)
vs.	)
	)
__________________________,	)
Defendant.	)


TO: ____________________________________________ ......____________________________________________

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: ___________________________
_______________________________ Clerk of the Tribal Court...........
RETURN
This summons was received by me at ____________________________________, on ________day of _________________________, 19____.
		_________________________ DEFENDANT

Name and address of Counsel:		__________________________ __________________________

A-8

UTE INDIAN TRIBAL COURT

OF THE

UINTAH AND OURAY RESERVATION

THE UTE INDIAN TRIBE,	)	SUBPOENA - CRIMINAL
	)
Plaintiff,	)
	)
vs.	)
	)
__________________________,	)
Defendant.	)

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: ___________________________
		_________________________ Clerk of the Tribal Court
Served on _____________________________ at ____________________________ By Officer ____________________________________________________________ this _______ day of ___________________________________________, 19 _____ Time: _________________________________ Signature: _____________________________

A-9

UTE INDIAN TRIBAL COURT

OF THE

UINTAH AND OURAY RESERVATION

THE UTE INDIAN TRIBE,	)	PROBATION PLEDGE
	)
Plaintiff,	)
	)
vs.	)
	)
__________________________,	)
Defendant.	)

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. _________________
	)
Plaintiff,	)
	)
vs.	)
	)
__________________________,	)
Defendant.	)

Plaintiff claims and alleges as follows:

That Defendant is (make jurisdictional allegation)
That Plaintiff is entitled to relief from Defendant as follows:
1. Defendant owes Plaintiff $_______________________________________
  
  as a result of _________________________________________________
  
  ____________________________________________________________
2. Plaintiff was injured in the amount of $__________________ as a result of
  
  Defendant's negligently/intentionally _____________________________
3. Defendant has possession of ____________________________________
  
  to which Plaintiff is entitled to have possession for the following reason:
  
  ___________________________________________________________
4. 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: _____________________________

	___________________________ PLAINTIFF
	___________________________ (ADDRESS)
	___________________________

A-11

UTE INDIAN TRIBAL COURT

OF THE

UINTAH AND OURAY RESERVATION

__________________________,	)	COMPLAINT FOR DIVORCE No. _________________
	)
Plaintiff,	)
	)
vs.	)
	)
__________________________,	)
Defendant.	)

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.

DATED: _____________________________
	___________________________ PLAINTIFF
	___________________________ (ADDRESS)
	___________________________

A-12, 13

UTE INDIAN TRIBAL COURT

OF THE

UINTAH AND OURAY RESERVATION

___________________________,	)	SUBPOENA - CIVIL
	)
Plaintiff,	)
	)
vs.	)
	)
___________________________,	)
Defendant.	)

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: ___________________________

__________________________
Clerk of the Tribal Court

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
	)
Plaintiff,	)
	)
vs.	)
	)
___________________________,	)
Defendant.	)

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. _______________________
	)
Plaintiff,	)
	)
vs.	)
	)
__________________________,	)
Defendant.	)

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. _______________________
	)
Plaintiff,	)
	)
vs.	)
	)
__________________________,	)
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

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:
	___________________________ Judge of the Tribal Court


DATE:_________________________