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


 

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