Overview

The Navajo Nation has one of the largest and most developed tribal court systems in the United States. Cases are heard in district courts located throughout the reservation in Arizona, New Mexico, and Utah. This guide will help you understand the basic process for filing a civil complaint.

Step 1: Determine the Correct Court

The Navajo Nation has multiple district courts. You must file in the correct district based on:

• Where the defendant resides
• Where the incident occurred
• Where the property is located (for property disputes)

Step 2: Gather Required Information

Before preparing your complaint, gather the following:

• Your information: Full legal name, address, phone number, census number (if applicable)
• Defendant information: Full legal name, address, census number (if known)
• Facts of your case: What happened, when, and where
• Supporting documents: Contracts, receipts, photos, letters, etc.
• Witnesses: Names and contact information
• Damages: Amount of money or other relief you are seeking

Step 3: Prepare Your Complaint

Your complaint must include the following sections:

Step 4: Make Copies

You will need multiple copies of your complaint:

• Original: For the court file
• Copy for each defendant: One copy per person you are suing
• Your copy: At least one copy for your records

Also make copies of any documents you are attaching as exhibits.

Step 5: File Your Complaint

Take your documents to the court clerk at the appropriate district court:

• Bring the original complaint plus all copies
• Bring payment for filing fees (cash, money order, or check — verify accepted forms)
• The clerk will assign a case number and stamp your documents
• Keep your stamped copy for your records

Step 6: Serve the Defendant

After filing, you must formally notify the defendant of the lawsuit. This is called “service of process.”

• Personal service: A process server or Navajo Nation police officer delivers the documents directly to the defendant
• Service by mail: In some cases, certified mail with return receipt may be permitted
• You cannot serve the defendant yourself

After service is complete, file a “Proof of Service” or “Return of Service” with the court.

Step 7: Wait for Response

After being served, the defendant typically has 20 days to file a written response (answer) to your complaint. The defendant may:

• File an Answer admitting or denying your claims
• File a Motion to Dismiss arguing the case should be thrown out
• File a Counterclaim suing you back
• Fail to respond (which may result in default judgment in your favor)

Step 8: Attend Court Hearings

The court will schedule hearings and notify you of the dates. You must attend all scheduled hearings. Be prepared to:

• Arrive early and dress appropriately
• Bring all documents and evidence
• Bring your witnesses (or arrange for subpoenas)
• Be respectful to the judge and court staff
• Present your case clearly and honestly

Alternative: Navajo Peacemaking

The Navajo Nation offers Peacemaking as an alternative to traditional court proceedings. Peacemaking is a traditional dispute resolution process that:

• Focuses on healing relationships rather than assigning blame
• Involves a Peacemaker (naat’aanii) who facilitates discussion
• May include family members and community participants
• Seeks solutions based on Navajo values and traditions
• Can be faster and less adversarial than court

You may request Peacemaking at the time of filing or ask the judge to refer your case.

Important Tips

• Keep copies of everything you file and receive
• Note all deadlines on your calendar
• Update the court if your address or phone number changes
• Never miss a court date without notifying the court in advance
• Consider consulting with an attorney, especially for complex cases

Helpful Resources

• Navajo Nation Courts Website: www.navajocourts.org
• Navajo Nation Code: Available online at the courts website
• DNA People’s Legal Services: Free legal help for qualifying individuals

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