If you are a citizen of the Cherokee Nation or your legal matter involves someone who is, you may have the option—or the requirement—to file a case in Cherokee Nation Tribal Court rather than state court. Filing a case in tribal court can feel unfamiliar, especially if you’ve never dealt with a tribal legal system before.

What Types of Cases Can Be Filed in Cherokee Nation Tribal Court?

The Cherokee Nation Tribal Court has jurisdiction over many types of cases involving citizens of the Cherokee Nation, including:

• Family law cases: divorce, custody, guardianship, paternity, adoption
• Civil cases: contracts, property disputes, personal injury
• Probate matters: wills, estates, and distribution of assets
• Criminal cases: involving Cherokee Nation citizens, under certain conditions

The case must typically involve at least one party who is an enrolled member of the Cherokee Nation and must fall within the Nation’s territorial jurisdiction or involve tribal interests.

Step-by-Step Guide to Filing a Case

1. Determine Jurisdiction

Before filing, confirm that:

• You or the other party is a citizen of the Cherokee Nation
• The case involves events that happened within Cherokee Nation boundaries or on tribal trust land
• The Cherokee Nation Court has legal authority over the matter

If you’re unsure, a tribal attorney can help determine if the court has jurisdiction.

2. Obtain the Correct Forms

There will be specific forms for you to file, which depend on the type of case. If your specific form isn’t online, you can obtain it by visiting or calling the court clerk’s office.

3. Complete the Petition or Complaint

Prepare your legal filing by clearly stating:

• The names and tribal enrollment numbers (if known) of the parties
• The legal basis for your claim or request and what relief or outcome you’re asking the court to order
• Supporting facts, dates, and relevant documents

Use blue or black ink, and be sure your contact information is current. If you have children involved, additional affidavits or parenting plans may be required.

4. File the Paperwork with the Court Clerk

File your completed documents with the Cherokee Nation District Court Clerk. There may be a filing fee, depending on the type of case, however, fee waivers are available for those who qualify financially.

5. Serve the Other Party

After filing, you must legally notify the other party (known as “service of process”). The court clerk can explain acceptable methods, including certified mail and private process servers. Proof of service must be filed with the court before the case can proceed.

6. Prepare for Hearings

Once served, the court will schedule a hearing. You will receive a Notice of Hearing stating the date, time, and location.

Before the hearing:

• Organize your documents and evidence
• Be ready to explain your side clearly and respectfully
• Follow tribal court procedures and dress appropriately

If your case involves children or significant property, the court may appoint a guardian ad litem, mediator, or require additional filings.

7. Attend Court and Follow Orders

The judge may issue orders at your first hearing or set future court dates. It is critical to attend all hearings and comply with court orders, as well as file any necessary follow-up paperwork. Failure to comply may delay your case or result in dismissal.

Tahlequah Tribal Law Attorneys

We help individuals and families understand how to file a case in tribal court. Whether you need to file for custody, defend your parental rights, or resolve a dispute, our team at Tahlequah Lawyers is here to guide you. Call 539-867-2321 today for a free and confidential consultation with one of our tribal law attorneys, or click here to ask your question online.