Administrative Order 01-1: Court Clerk/Court Assistance Officer Duties with Respect to Court-Approved Forms
Whereas the
Supreme Court has established Court Assistance Offices in each judicial
district; and
Whereas Canyon County
has been selected to host the Court Assistance Office for the Third Judicial
District; and
Whereas the Court
Assistance Office and its patrons may at some time receive assistance from
deputy court clerks or other court personnel;
Now, therefore, it
is hereby ordered that among their judicial duties, clerks of the district
court, their deputies, and court assistance officers in this district are
authorized and directed to assist the public by providing court-approved forms
and written instructions for their use. Such assistance may include explaining
terminology used in the forms and instructions, directing the person to the
appropriate place on a form or instruction to find the information requested,
and assisting the person with the use of computer programs to generate
completed forms. While court personnel may provide the foregoing information
regarding completion of court-approved forms, no advice may be given as to what
information the person should provide on the form. Nor should the clerk refer the
person to a specific completed form from another case file as an example to
follow in filling out the court form. The assistance provided should be
impartial, in that the same assistance is provided to all parties. No advice
should be given as to the most appropriate court procedures to be undertaken.
Court personnel should recommend that an attorney be consulted for further
assistance and should provide information as to how legal services may be
obtained, so long as the information is impartial as to which attorney should
be consulted.
Court-approved
forms include domestic violence forms, small claims forms, and any other forms
prescribed by statute or court rule. In addition, the following family law
forms are hereby approved for use:
Filing for
Divorce
CAO 1-1 Summons
[ILAS]
CAO 1-2 Divorce
Complaint: With Minor Children
CAO 1-3 Divorce
Complaint: No Minor Children
CAO 1-4A Agreed
Divorce Petition: With Minor Children
CAO 1-4B Agreed
Divorce Petition: No Minor Children
CAO 1-5 Motion
for Service by Publication [file: svc.pub.motn.rtf]
CAO 1-6 Affidavit
in Support of Motion for Service by Publication [file: svc.pub.affd.rtf]
CAO 1-7 Affidavit
and Motion for Personal Service outside the state, or by publication [file:
personal svd.affd.rtf]
CAO 1-8 Order
for Service by Publication [file: svc.pub.ord.rtf]
CAO 1-9 Order
for Personal Service Out of State [ILAS]*
CAO 1-10A Affidavit
for Fee Waiver [ILAS] [or Ct. Clerk]
CAO 1-10B Order
for Fee Waiver
CAO 1-10C Affidavit
for Fee Waiver – Prisoner [Ada]
CAO 1-10D Order
for Fee Waiver – Prisoner [Ada]
CAO 1-11 Affidavit
Verifying Income – Child Support [file: income.affd.rtf]
CAO 1-12 Child
Support Worksheet – Shared Custody [file: shared-sup.worksht.rtf]
CAO 1-13 Child
Support Worksheet – Sole Custody [file: sole-sup.worksht.rtf]
CAO 1-14 Child
Support Order Transmittal Form
Proof of
Service
CAO 2-1 Acceptance
of Service w/military waiver or non-military statement [ILAS]
CAO 2-2A Admission
of Service, General appearance, waiver and consent [ILAS]
CAO 2-2B Affidavit
of Service w/Divorce Orientation [ILAS]
CAO 2-3 Affidavit
of Mailing per Order to Serve by Pub [ILAS]
Defendant/Counterdefendant’s
Pleadings
CAO 3-1 Pro
Se Notice of Appearance [file: appear.notc.rtf]
CAO 3-2 Answer
[file: answer.rtf]
CAO 3-3 Divorce
Answer and Counterclaim [Children or No Children]
CAO 3-4 Reply
to Counterclaim
Motions
CAO 4-1 Motion
for ADR Screening [FHT]
CAO 4-2 Order
for ADR Screening [FHT]
CAO 4-3 Stipulation
for ADR Screening [FHT]
CAO 4-4 Stipulated
Order for ADR Screening [FHT]
Finalizing the
divorce:
Settlement Documents
CAO 6-3 Parenting
Plan Agreement [file: parent.plan.agmt.rtf]
CAO 6-4 Custody
and Parenting Plan [file: custody&plan.rtf]
CAO 6-8 Stipulation
for entry of decree [file: stipulation.rtf]
CAO 6-10 Quitclaim
Deed [file: qclaim.deed.rtf]
Default
Documents
CAO 7-1 Motion
and Affidavit for Order of Default [ILAS]
CAO 7-2 Order
of Default [file: default.entry.rtf]
CAO 7-3 Testimony
of Default Applicant: With Minor Children
CAO 7-4 Testimony
of Default Applicant: No Children [WCH]
CAO 7-5 Notice
of Intent to take Default
Final Orders
CAO 8-1 Decree
of Divorce [Children]
CAO 8-2 Agreed
Divorce Decree [Children]
CAO 8-3 Decree
of Divorce [No Children]
CAO 8-4 Agreed
Divorce Decree [No Children]
CAO 8-5 Certificate
of Divorce or Annulment [Vital Statistics] [hard-copy only]
Enforcement
H & W License Suspension
Packet: visitation [Petition, Affidavit in Support, Notice of Intent to
Suspend, Affidavit of Service, Request for License Suspension Hearing, and
Order] [hard copy only]
H & W Income Withholding
Packet: Pro Se [Motion, Order, and Answer] [hard-copy only]
CAO 9-1 Satisfaction
of Judgment
Modification
*CAO 10-1 Verified
Petition to Modify [Child Custody, Visitation and Support [IVLP]*
*CAO 10-2 Verified
Petition to Modify [Child Custody and Visitation] [IVLP]*
*CAO 10-3 Notice
of Verified Petition for Modification [IVLP]*
*CAO 10-3A Summons
– Petition to Modify [file: summons.mod.petn.rtf]
*CAO 10-4 Affidavit
in Support of Motion to Modify [IVLP]*
*CAO 10-5 Affidavit
Verifying Income [IVLP]*
*CAO 10-6 Affidavit
of Service [IVLP]*
CAO 10-7 Stipulation
for Modification
*CAO 10-8 Motion
for Order of Default [IVLP]*
*CAO 10-9 Order
of Default [for Custody] [IVLP]*
*CAO 10-10 Affidavit
of Other Party’s Age, Competency, Military Service, and Last Known Address
[IVLP]*
CAO 10-11 Order
Modifying Child Support, Custody, and/or Visitation
*CAO 10-12 Order
Modifying Custody and/or Visitation [file: eval.ord.rtf]
*CAO 10-13 Answer
to Petition to Modify [file: dismiss.modify.motn.rtf]
*CAO 10-14 Order
for Service Outside the State [file: out-state.svd.ord.rtf]
*CAO 10-15 Affidavit
and Motion for Service Outside the State [file: out-sate.svd.affd.rtf]
Paternity
CAO 11-1 H
& W Acknowledgement of Paternity [hard-copy only]
Name Change
CAO 12-1 Petition
to Change Name [file: name.chg.petn.ftf]
CAO 12-2 Name
Change Hearing [file: name.chg.hear.rtf]
CAO 12-3 Order
for Change of Name [file: name.chg.ord.rtf]
CAO 12-4 Name
Change Letter for Publication [file: name.chg.pub.rtf]
Domestic
Violence
Supreme Court approved DVPO forms
Small Claims
Court approved Small Claims forms.
Dated this 1st day of February, 2001.
Signed by Stephen W. Drescher, Administrative District Judge
|
|
