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Wisconsin Request for Hearing on Case Transfer to Tribal Court

State:
Wisconsin
Control #:
WI-SKU-1667
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Request for Hearing on Case Transfer to Tribal Court

Wisconsin Request for Hearing on Case Transfer to Tribal Court is a process where a person can contest the transfer of a criminal case from a state court to a tribal court. The request must be submitted in writing to the tribal court judge and the state court judge. The request must include the name of the person making the request, their relationship to the case, and the reasons for contesting the transfer. If the request is granted, the case will remain in the state court. There are two types of Wisconsin Request for Hearing on Case Transfer to Tribal Court: 1. Involuntary Transfer Request: This type of request is for cases where the state court judge has decided to transfer the case to a tribal court. 2. Voluntary Transfer Request: This type of request is for cases where the accused has requested that the case be transferred to a tribal court.

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11 - Must there be a hearing on the request for a transfer? Rules of Court, rule 8.418; revise Order on Petition to. Notice of Petition and Petition to Transfer Case Involving an Indian Child to Tribal Jurisdiction ICWA-050 must be served on all other. The child's parent, Indian custodian, or tribe may petition the court to transfer the case to the tribal court of the Indian child's tribe. Registration is the first step BEFORE making other requests, such as enforcing the out-of-state court or tribal court minor guardianship order. IMPORTANT! Child is not a ward of the tribal court. • If request to transfer, Court must hold a hearing. Should not transfer the case to tribal court because (check all that apply): the Indian child's mother father objects to transferring the case. (b) Conduct of Hearing.

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Wisconsin Request for Hearing on Case Transfer to Tribal Court