Kongiganak Tribal Members may use the following forms for various Tribal Justice mediation services. Each tribal court form has an explanation page for your reference. You may also inquire at the court how to best proceed with your case. We are there to help you through the process.

• Petition to Use the Tribal Court (Form)

• Complaint (Form)

• Request to Change Order (Form)

• Appeal (Form)

Petition to Use the Tribal Court

The Petition To Use The Tribal Court form is used by anyone who wishes to use the tribal court for any reason, except when a Complaint has been filed against someone who is accused of violating a tribal ordinance. The Petition is basically a request to use the tribal court. Examples of when this form is used are when a person wants the court to recognize a traditional adoption, or when a person wants to have the tribal court settle a dispute between people in the village.

To fill out the form, the person wanting to use the court fills their name on the Petitioner line. If the matter concerns a dispute with someone else, that person’s name goes on the Respondent line. If it is a child protection matter, the child’s name and date of birth go in the box. The tribal court clerk will accept the Petition, check to see if all the necessary information is on the form, and fill in the case number.

The Kong Tribal Court Bailiff is responsible for giving or mailing a copy of the Petition to other people involved in the case. That means that the Bailiff will have to xerox the completed form as many times as necessary for the other people involved in the case. “Other people involved in the case” means anyone whose rights or interests are affected by the case. If there is a question about whose rights or interests are affected, the court should decide who should be involved.

There is a statement for the Bailiff or Tribal Court Clerk signature near the bottom of the form to certify that a copy of the completed form was received by the other people involved in the case. That is called the “Statement of Service”. If the form is mailed, the return receipt should be filed with the case records after the Tribal Court gets it back from the post office.

Click the button below for the Petition form:

Complaint Form

The Complaint form is used like a ticket or a citation. After the form is filled out, the original copy is given to the tribal court clerk. A copy is given to the person who is being cited for violating a tribal ordinance. In order for the Complaint to be given to the person committing a violation and also to the tribal court clerk, the completed Complaint form will have to be xeroxed since it is not a carbon copy type form. The court should receive the original of any completed form and other persons should receive a copy.

An example of when a Complaint might be used is when a person has alcohol in the village and the tribal council has passed an ordinance against possessing alcohol in the village. Another example is when a person is in contempt of court, as when someone acts out in a hearing against the direction of the presiding judge or when he or she does not comply with an Order of the court.

The information on the Complaint form will be read at the arraignment hearing by the presiding judge.

Note: The first paperwork to begin a case in tribal court will either be a Complaint or a Petition To Use The Tribal Court.

Click the button below for the Complaint form:

Request To Change Order

The Request To Change Order is used as a “last-ditch” effort by a person who wants to try to change the tribal court’s mind. It is not an appeal process.

If a Petitioner, Plaintiff, Respondent, or Defendant in a case has new evidence that might change the decision of the tribal court, or simply wants the court to reconsider their decision, the Request To Change Order form is filled out, given to the court and given to all other people involved in the case.

The person requesting the court to reconsider its decision is responsible for filling out the form, and giving or sending a copy of the form to any other people involved in the case. Other people involved in the case would be a VPSO or other person issuing a complaint if a Complaint was filed, or people on the other side of a dispute if a Petition To Use The Tribal Court was filed.

The Statement Of Service on the form must be filled out for proof to the court that any other people involved in the case have been given or mailed a copy of the Request To Change Order and the return receipt must be filed with the tribal court when the post office sends it back.

It is up to the court whether or not it wishes to reconsider its decision.

Click the button below for the Request to Change Order form:

Appeal

A person who wants to appeal a decision of a tribal court begins an appeal process by filling out an Appeal and Notice Of Appeal form. The Appeal form is used to state the reason or reasons why a person wants the tribal appellate court to review a case. Appeals can be filed by a Petitioner, Plaintiff, Respondent, or Defendant. The Notice Of Appeal form is used to inform all people involved in the case that the Appeal has been filed.

The completed Appeal and Notice Of Appeal forms are filed with the tribal appellate court and copies of the Appeal and Notice Of Appeal are sent by the person asking for the appeal to any people who might be on the other side of the case and to the original tribal court. That might include a VPSO or other person who filed a Complaint, or a person who was on the other side of a dispute brought before the tribal court by a Petition To Use The Tribal Court.

Click the button below for the Appeal form: