Fillable Form 1: IN THE HO-CHUNK NATION TRIAL COURT (Ho-Chunk Nation)

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Form 1: IN THE HO-CHUNK NATION TRIAL COURT (Ho-Chunk Nation)

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P:/Pet. to Register & Enforce a Foreign J. or Order (05/16) Page 1 of 5
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IN THE
HO-CHUNK NATION TRIAL COURT
______________________________,
Petitioner,
v.
______________________________,
Respondent.
P
ETITION TO REGISTER AND ENFORCE
A
FOREIGN JUDGMENT OR ORDER
Case No.: CG
0___ - _____
[assigned by the Court]
I. CAUSE OF ACTION
The petitioner files this action requesting relief against the named respondent. A certified
copy of the existing foreign Judgment or Order is attached as evidence of an adjudication of the
respondent’s obligation. The petitioner comes now to Register and Enforce the Judgment or Order
of the State of _________________, County of , Case No.: or
_______________________ Tribal Court, Case No.: __________. The petitioner pleads the
following facts:
The following information relates to the P
ETITIONER:
1. Name: _________________________________________________
2. Maiden name
(if applicable): __________________________________
3. Address: ______________________________________________
(state physical address also if P.O. Box is listed)
______________________________________________
City State Zip Code
4. Phone: (_____)_________________ (_____)__________________
Home Work
5. Facsimile Number (if available): (_____)_______________________
6. E-mail Address: _________________________________________
7. I am a member of the Ho-Chunk Nation: Yes or No.
Tribal Enrollment Number:
PETITIONER’S INFORMATION
P:/Pet. to Register & Enforce a Foreign J. or Order (05/16) Page 2 of 5
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The following information relates to the RESPONDENT
1. Name: ________________________________________________
2. Maiden name (if applicable): ________________________________
3. Address (last known): ____________________________________
(state physical address also if P.O. Box is listed)
____________________________________
City State Zip Code
4. Phone: (_____)_________________ (_____)_________________
Home Work
5. Facsimile Number (if available): _____________________________
6. Social Security Number: ________ - ____ - _________
7. E-mail address: _________________________________________
8. If the defendant cannot be located at the above address listed in (3), a
possible alternative place to locate him/her is at the following location:
____________________________________________________________
___________________________________________________________.
9. The respondent is a member of the Ho-Chunk Nation: Yes or No.
If yes, the respondent’s enrollment number is: 439A00 _________.
(four numbers)
10. The respondent is employed by the Ho-Chunk Nation: Yes or No.
11. I am aware of these judgments, other than the one at issue in this petition,
against the respondent: (provide the name of the other petitioner(s), if
known)
_______________________________________________________.
II. JURISDICTION:
This Court has original jurisdiction over this case pursuant to the “cases and controversy”
clause of the H
O-CHUNK NATION CONSTITUTION, ART. VII, § 5(a), providing that the Trial Court
shall have “original jurisdiction over all cases and controversies,” in law and equity arising under
the CONSTITUTION, laws, customs, and traditions of the Ho-Chunk Nation. This Court may have
personal jurisdiction over parties who are not members if they work for the Nation, reside on the
Nation’s lands, or consent to such jurisdiction. In addition, this Court is authorized under the Ho-
RESPONDENT'S INFORMATION
P:/Pet. to Register & Enforce a Foreign J. or Order (05/16) Page 3 of 5
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Chunk Nation Rules of Civil Procedure, Rule 73 to extend full faith and credit and comity to the
orders and judgments of foreign courts.
III. REQUEST FOR RELIEF
I, or We, request that the Court recognize the validity of the attached Foreign Order
and enforce the Order against the respondent. The attached Order is a valid Judgment rendered in
a competent court of record. This Petition is respectfully submitted to the HCN Trial Court
requesting that an Order garnishing and/or attaching any wages, income and/or an Order seizing
or imposing liens upon property owned by the respondent located on trust lands of the Ho-Chunk
Nation, in part or in whole, to satisfy the above Order or Judgment for the amount owed.
Balance due
Judgment(s): _________________________
Garnishment-related costs: ______________
Post-judgment interest: _________________
Payments made: ______________________
Total: _________________________
If granted, the Ho-Chunk Nation Department of Treasury shall direct payments to:
Name: _________________________________________________
Mailing Address: ________________________________________
______________________________________________
City State Zip Code
IV. PRAYER FOR RELIEF
For the stated reasons above and according to the attached documentation, the petitioner
requests the Court enter a Judgment against the respondent and grant the relief sought by petitioner.
THE FOLLOWING DOCUMENTS HAVE BEEN ATTACHED FOR USE IN THIS CASE:
A certified copy of the foreign judgment
A certified record of payments made pursuant to the judgment
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NUMBER OF ADDITIONAL PAGES USED: ____________
By affixing my signature below, I swear that I have provided the above information in good
faith and with the belief that each statement represents a true and accurate account of the facts
based upon adequate research and investigation. I recognize that the Ho-Chunk Nation Judiciary
may impose sanctions if it determines that I have made statements in bad faith, including
intentional misstatements or statements made upon inadequate research or investigation. I also
recognize that the foregoing admonition extends to include the omission of material facts or law,
which I knew, or should have reasonably known, would impact or prove relevant to the action.
I file this petition of my own free will and absent threats, intimidation or coercion of any
kind. I understand that any decision reached by the Ho-Chunk Nation Trial Court is binding and
that if I disagree with the findings or conclusions or remedies of the Trial Court, I may file an
appeal with the Ho-Chunk Nation Supreme Court. I further acknowledge that since I am
submitting myself to the jurisdiction of the Ho-Chunk Nation Judiciary, I am subject to its
determinations, including those relating to contempt of court.
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RESPECTFULLY SUBMITTED BY PETITIONER,
Signature: __________________________________________
Date: ________________________, 20 ______
Signature of counsel (if any): ___________________________________
Mailing address of counsel: ___________________________________
___________________________________
E-mail address of counsel: ___________________________________
Telephone number of counsel: __________________________________
Facsimile number of counsel: ___________________________________
Ho-Chunk Bar number of counsel: ______________________________
If not a member of the Ho-Chunk bar, a Motion to Appear Pro Hac Vice has been
attached in accordance with Ho-Chunk Nation Rules of Civil Procedure, Rule 16(B),
1
and/or I
have applied for membership in the Ho-Chunk Nation bar in accordance with the Ho-Chunk Nation
Rules for Admission to Practice.
SUBSCRIBED AND SWORN TO before me this day of , 20______
at .
City State
Notary Public for
State
My commission expires:
1
Parties can obtain a copy of the Ho-Chunk Nation Rules of Civil Procedure by contacting the Ho-Chunk Nation
Judiciary at (715) 284-2722 or (800) 434-4070 or visiting the judicial website at http://www.ho-
chunknation.com/government/judiciary/judicial-rules.aspx.
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Form 1: IN THE HO-CHUNK NATION TRIAL COURT (Ho-Chunk Nation)

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Completed 23 December 2020

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