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CITIZEN POTAWATOMI NATION

2017 CODE




TITLE PAGE

Title 1: Constitution

Title 2: Tribal Enrollment

Title 3: Tribal Sovereignty and External Relations

Title 4: Election Code

Title 5: Legislative Branch

Title 6: Executive Branch

Title 7: Judiciary and Appellate Procedure

Title 8: Admission, Practice and Discipline of Attorneys

Title 9: Civil Procedure

Title 10: Collection, Repossession and Civil Forfeiture

Title 11: Criminal Procedure

Title 12: Criminal Offenses and Punishment

Title 13: Domestic Relations and Support

Title 14: Domestic Violence and Prevention of Domestic Abuse

Title 15: Healing to Wellness Court Administration and Procedure

Title 16: Evidence

Title 17: Juvenile Code and Indian Child Welfare

Title 18: Mental Health Adjudication and Treatment

Title 19: Traffic Offenses

Title 20: Alcohol and Tobacco

Title 21: Animal Control

Title 22: Banks and Banking

Title 23: Business and Corporation Regulation

Title 24: Building Codes

Title 25: Copyrights, Patents and Intellectual Property

Title 26: Education Assistance Program

Title 27: Food and Drugs

Title 28: Health, Hospitals and Asylums

Title 29: Health Programs and Public Welfare

Title 30: Governmental Contracts

Title 31: Labor and Employement

Title 32: Mineral Lands and Mining

Title 33: Money and Finance

Title 34: Navigation and Navigable Waters

Title 35: Public Conservation and Environmental Protection Act

Title 36: Public Fences and Maintenance

Title 37: Public Highways and Roadways

Title 38: Public Housing

Title 39: Public Hunting and Fishing

Title 40: Public Land Development, Protection, Zoning and Eminent Domain

Title 41: Public Property, Buildings, Parks and Works

Title 42: Railroads

Title 43: Shipping

Title 44: Taxation and Revenue

Title 45: Telephones and Communications

Title 46: Territories and Insular Possessions

Title 47: Transportation

Title 48: Treaties of the Potawatomi People

Title 49: Uniform Commercial Code

Title 50: Utilities and Other Public Services

Title 51: Professional Licenses




CONSTITUTION OF THE CITIZEN POTAWATOMI NATION

PREAMBLE

We, the Citizen Potawatomi Nation, sometimes designated as the Potawatomi Tribe of Oklahoma, in furtherance of our inherent powers of self-government, in order to take advantage of the opportunities for economic independence and social advancement offered by the Thomas-Rogers Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1976), do hereby adopt this Constitution pursuant to the Oklahoma Indian Welfare Act of June 26, 1936 (49 Stat. 1967) which shall supersede the constitution approved by the Secretary of the Interior on October 17, 1938, and ratified on December 12, 1938, and amended on September 27,

1956, December 27, 1960, April 24, 1961, September 21,

1970, April 20, 1983, April 5, 1989, April 8, 1996, and

August 16, 2007, with ratification.

ARTICLE 1 – NAME

The official name of this Tribe shall be the Citizen

Potawatomi Nation.

ARTICLE 2 – OBJECTIVES

Section 1. The objective of the Citizen Potawatomi Nation in organizing under this Constitution shall be:

  1. To promote the general welfare of the Citizen Potawatomi Nation and its members by exer- cising to the fullest extent the inherent powers of self-government vested in the Tribe since time immemorial and any additional powers of self-government vested in the Tribe by Federal or state law.

  2. To secure for the Tribe and its members the powers, benefits, rights, and privileges provided for in Article 1, Section 8 of the Constitution of the United States, the Act of June 18, 1934 (48 Stat. 984) and the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967).

  3. To secure the powers, benefits, rights, and priv- ileges as provided by any laws of the United States now or hereafter enacted for the benefit of Indians or other citizens of the United States.

  4. To secure, for the Citizen Potawatomi Nation, a Charter of Incorporation from

  5. the Secretary of the Interior that allows the tribe to enjoy, those powers specifically mentioned in the Oklahoma Indian Welfare Act of June 26, 1936 (49 Stat. 1967).

ARTICLE 3 – MEMBERSHIP OF TRIBE

Section 1. The membership of the Citizen Potawatomi Nation shall consist of the following persons:

  1. All persons of Indian blood who were bona fide members of the Citizen Potawatomi Nation and who were enrolled or were entitled to be enrolled on the official census roll of the Band on January 1, 1937.

  2. Each child of Citizen Potawatomi Nation Indi- an blood born since the date of said roll whose parents is, or was, a member of the Tribe.

  3. Each child of the Citizen Potawatomi Nation Indian blood of a marriage between a member of the Tribe and any other person.

  4. As used in this Article, the term “a member of the Tribe” means a member of the Tribe at the time of the child’s birth, or, in the case of a post- humous child, if membership rights are claimed through the deceased parent, the parent was a member of the Tribe at the time of death.

  5. The burden of proof as to eligibility for mem- bership in the Citizen Potawatomi Nation will be on the claimant for membership in each case.

  6. The Business Committee shall have power to prescribe rules and regulations covering future membership including adoptions and the loss of membership, subject to confirmation by a ma- jority of the votes cast for a General Council referendum containing such rules and regula- tions in a regular or special election.

  7. No member of the Citizen Potawatomi Nation may hold membership in any other Indian tribe.

ARTICLE 4 – TRIBAL JURISDICTION

Section 1. The jurisdiction and governmental powers of the Citizen Potawatomi Nation shall, consistent with applicable Federal law, extend to all persons and to all real and personal property, including lands and natural resources, and to all waters and air space within the Indian country, as defined in 18 U.S.C. section 1151 or its successor, over which the Citizen Potawatomi Nation has authority.

Section 2. The jurisdiction and governmental powers of the Citizen Potawatomi Nation shall also, consistent with applicable Federal law, extend outside the exterior boundaries of the Citizen Potawatomi Nation to all tribal members. These powers shall also extend to any persons

or property which are, or as may hereafter be, included with the jurisdiction of the Citizen Potawatomi Nation under any laws of the Citizen Potawatomi Nation, any State, or the United States.

Section 3. The jurisdiction and governmental powers of the Citizen Potawatomi Nation shall be exercised by three separate branches of Tribal Government: Legislative, Executive Officers and Judicial. All legislative powers are embodied in the Tribal Legislature (also called the Business Committee), including appropriation of all tribal moneys. All executive powers are embodied in the Executive, including the management of the business of the Tribe, supervision of tribal employees, enforcement of tribal law, and expenditure of all tribal moneys. All judicial powers are embodied in the Judiciary. Appropriate legislation shall be adopted to provide for a tribal law enforcement agency and other appropriate administrative agencies of the Tribe.

ARTICLE 5 – Citizen Potawatomi Nation Indian Council

Section 1. There shall be a Citizen Potawatomi Nation Indian Council (Council). The membership of the Citizen Potawatomi Nation Indian Council shall be all Citizen Potawatomi Nation Indians, 18 years of age or older who have not been adjudged incompetent by a court of competent jurisdiction.

Section 2. The Business Committee shall provide for the Citizen Potawatomi Nation Indian Council rules of procedure, subject to this Constitution, by appropriate legislation, and the Citizen Potawatomi Nation Indian Council shall exercise such authority and powers as are delegated to it by this Constitution.

Section 3. There is reserved to the Citizen Potawatomi Nation Indian Council the authority to approve all actions of the Business Committee, or to delegate specific authority to the Business Committee to take particular actions, prior to any such action of the Business Committee becoming effective, which results in:

  1. the appropriation and budgeting of moneys of the Council held in trust by the Tribe as the pro- ceeds of any claim against the United States, in- cluding interest earned thereon for expenditure for the benefit of the tribe;

  2. the sale of any land or interest in lands, and in connection with the purchase of lands or inter- est in lands, to authorize and cause to be exe- cuted a mortgage or encumbrance covering or

    extending to property not being purchased.

  3. approval of any settlement of treaty claim of the Citizen Potawatomi Nation against the United States.

ARTICLE 6 – EXECUTIVE OFFICERS

Section 1. The Executive Officers of the Tribe shall be the Chairman, Vice-Chairman, and a Secretary/ Treasurer who shall serve for four year terms of office and until their successor shall be qualified and installed in office.

Section 2. It shall be the duty of the Chairman to preside at all meetings of the Council and the Business Committee and perform all duties appertaining to the office, and the Chairman shall see that the laws of the Tribe are faithfully enforced. The Chairman shall have general supervision of the affairs of the Council and of the Business Committee. The Chairman may veto acts of the Business Committee, which can be overridden by a 10 vote majority of the Business Committee, exclusive of the Chairman, within thirty (30) days.

Section 3. The Vice-Chairman shall perform the duties of the Chairman in his absence or during his incapacity to act as defined by law, and shall undertake such other duties as may be assigned to him by the Chairman or by law.

Section 4. The Secretary/Treasurer shall correctly record the proceedings of all meetings. He shall have custody of the records and all papers of the Council, which records and papers shall be open to inspection during business hours, in his presence, by any member of the Council desiring to read them. He shall keep a correct list of all members of the Council and a correct list of all enrolled members of the Tribe, shall authenticate all accounts or orders of the Council and in the absence of the Chairman and Vice-Chairman, shall call the meetings to order until a Chairman pro tem is selected. He shall render a written report at the annual meeting, and at the expiration of his term of office, the records and all papers in his possession shall be turned over to his successor. He shall issue notices of all meetings and conduct all general correspondence, as directed by the Council or the Business Committee.

The Secretary/Treasurer shall verify all moneys of the Council for an accurate account of receipts and disbursements. The Secretary/Treasurer shall verify all Council moneys entrusted to his care in one or more tribal accounts as may be provided by legislation of the Business Committee, and shall endorse all

disbursements therefrom. The Secretary/Treasurer shall require an annual audit by a competent independent Certified Public Accountant of all moneys of the Council

- moneys formerly held in trust by the Bureau of Indian Affairs and subsequent appreciation - which shall be submitted to the General Council annually.

ARTICLE 7 – BUSINESS COMMITTEE

Section 1. There shall be a Business Committee, hereinafter called Tribal Legislature, which shall consist of the Executive Officers as provided in Article 6, five

(5) Legislators elected from Oklahoma, and eight (8) Legislators elected from Legislative Districts equally apportioned, within 30%, by population in the remaining States of the United States. Legislators shall serve four

  1. year terms of office and until their successors shall be qualified and installed in office.

    Section 2. Subject to any limitations in this Constitution, and except for those powers expressly reserved to the Citizen Potawatomi Nation Indian Council by this Constitution, or delegated to another tribal entity by this Constitution, the Legislature is empowered to enact legislation, transact business, and otherwise speak or act on behalf of the Citizen Potawatomi Nation in all matters on which the Tribe is empowered to act now or in the future including the authority to hire legal counsel to represent the Tribe, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior so long as such approval is required by Federal law.

    ARTICLE 8 – RECALL

    Section 1. The Legislature shall enact a law entitled: The Recall and Removal Act. This legislation shall establish the procedures to be followed in consideration of recall actions. Said Recall and Removal Act shall contain the definitions of misconduct in office which shall subject a tribal officer to a Recall Election. Thereafter, this Act may be amended or repealed only by the Citizen Potawatomi Nation Indian Council at an election conducted pursuant to Articles 9 and 12 of this Constitution. Such Act shall provide that not more than two recall proceedings may be pending in the Tribal Court at any time. A recall proceeding shall not include more than one official, unless the Court consolidates two or more actions for a good cause shown. The Recall and Removal Act shall include the following:

    1. The Court, pursuant to the rules or civil proce- dure, shall hear complaints brought by a person alleging misconduct in office by members of the Legislature or Judicial Officers of the Tribe The

      Court shall require, prior to hearing any such action, that the complaining party post a bond in such amount as the Court shall deem proper to guarantee the costs, damages, and attorney fees of the person complained of in the event that the recall action was filed without probable cause to believe misconduct in office had occurred or that the recall action was otherwise filed in bad faith.

    2. n any such recall action, the Court shall have power, to hear the evidence of the complaining party or parties and to determine whether the act or acts of misconduct in office have been shown by clear and convincing evidence so that a recall election should be held. If the Court de- termines that a Recall Election should be held, a two-thirds (2/3) majority of those voting in an election held pursuant to Article 12, Section 9, shall be necessary to recall the officer from his office. Any appeal taken of the judgment of the Trial Court ordering a recall election shall be expedited by the Supreme Court.

Section 2. No person may be recalled pursuant to this Article unless at least 5% of the members of the Citizen Potawatomi Nation Council cast ballots in the Recall Election.

ARTICLE 9 – REMOVAL AND FORFEITURE

Section 1. The Legislature, and the Supreme Court in the case of any judicial officers, shall remove any of its members, or a member of the Executive branch, from office for misconduct in office, as defined in the Recall and Removal Act, or upon conviction of such member by any Court of competent jurisdiction of a felony or other offense involving dishonesty or moral turpitude, or if such member becomes ineligible to hold his office under this constitution, by a unanimous vote of the remaining members of that body.

Section 2. Such removal action shall be taken only upon proof by clear and convincing evidence at a formal hearing during which a verbatim transcript and record of the proceeding is made, and at which the party complained of shall have the right to not less than thirty

(30) days notice, the right to counsel at his own expense, the opportunity to cross examine witnesses against him, introduce any evidence in his favor, and to otherwise be accorded due process of law.

Section 3. A person removed in such a proceeding shall have the right to appeal the removal directly to

the Supreme Court upon the record established at the hearing. During such appeal, which shall be expedited by the Court, the officer shall be deemed suspended but not removed from office until a final decision of the Court. For purposes of this Article, removal of an Executive Officer from the Legislature shall also be deemed a removal from his Executive Office whether or not specifically stated in the removal action.

ARTICLE 10 – INITIATIVE AND REFERENDUM

Section 1. The members of the Citizen Potawatomi Nation shall have the authority to enact legislation, consistent with this Constitution’s delegation of specific powers, by petition to the Legislature bearing the language of the proposed tribal law, the signatures, roll numbers, and current address of at least ten percent (10%) of the Citizen Potawatomi Nation Indian Council, provided, that in the general election upon such proposed legislation which shall be called by the Legislature within ninety (90) days of the receipt of a valid petition, a majority of the voters who cast ballots in such election vote in favor of the proposed legislation. Notice of such referendum election shall be given to the registered voters at least fifteen (15) days prior to such election. The Legislature shall be bound by a vote enacting such proposed legislation into law from the date of the election at which such legislation was enacted until it expires by its own terms or until changed by voters at a subsequent election.

Section 2. The members of the Citizen Potawatomi Nation shall have the authority to reject any legislation action taken by the Legislature by referendum petition to the Legislature bearing the language of the tribal law sought to be rejected, the signatures, roll numbers, and current address of at least ten percent (10%) of the Citizen Potawatomi Nation Indian Council, provided, that in the general election upon such legislation, which shall be called by the Legislature within ninety (90) days of the receipt of a valid petition, a majority of the voters who casts ballots in such election vote against the legislation as enacted by the Legislature. Notice of such initiative election shall be given to the registered voters at least fifteen (15) days prior to such election. If the legislation is rejected by such vote, that enactment is null and void as of the date of referendum.

ARTICLE 11 – COURT

Section 1. The judicial power of the Citizen Potawatomi Nation is hereby vested in one Supreme Court consisting of seven (7) Justices and such inferior courts as may be established by Tribal law.

Section 2. The Courts of the Citizen Potawatomi Nation shall be courts of general jurisdiction and shall further have jurisdiction in all cases arising under the constitution, laws, and treaties of the Citizen Potawatomi Nation. The Supreme Court shall have original jurisdiction in such cases as may be provided by law, and shall have appellate jurisdiction in all cases.

Section 3. The Tribal Courts, in any action brought before them, shall have the power of judicial review, in appropriate cases, in order to declare that legislative enactments of the Legislature or the Council, are unconstitutional under this Constitution or prohibited by Federal statutes and void. In such cases, the Court shall have the authority to declare such act void and to issue injunctive relief. In cases initiated by the Tribal Chairman prior to enforcement of a legislative act, the court shall rule presuming a case in controversy.

Section 4. The Supreme Court Justices and Tribal Court Judges shall be selected by the Legislature and confirmed by the Citizen Potawatomi Nation Indian Council at a general election called for that purpose, and shall serve six (6) year terms and until their successor be duly confirmed and installed. At the expiration of such term, each Justice or Judge may, at his option, be considered for reconfirmation to a new term by the Council.

Section 5. Vacancies in Tribal Judicial Offices may be filled by appointment of the Legislature for the remainder of the unexpired term. Such appointment shall be valid for not more than one hundred twenty (120) days unless the Citizen Potawatomi Nation Indian Council confirms the appointee to complete the remainder of the unexpired term. If no Citizen Potawatomi Nation Indian Council election is called to act upon such appointment within the one hundred twenty (120) day period, the appointment of that person shall not be renewed.

ARTICLE 12 – ELECTIONS

Section 1. The Chairman, Vice Chairman and Secretary/Treasurer shall be elected to a four (4) year term of office and until their successors be qualified and installed in office by a majority vote at an election to be conducted by secret ballot, with absentee voting, on the date of the annual Citizen Potawatomi Nation Indian Council meeting. All elections shall be conducted pursuant to an Election Ordinance adopted by the appropriate legislation of the Citizen Potawatomi Nation Legislature. At the time of their election they shall be not less than thirty-five (35) years of age, and residents

of the State of Oklahoma not less than six (6) months prior to taking office, and not have been convicted of a felony or other serious crime involving incarceration for moral turpitude in any court of competent jurisdiction, or have been incarcerated for a crime for more than six

(6) months within ten (10) years previous to the date of the election, unless pardoned.

Section 2. No person shall be allowed to run for, or hold, more than one (1) elected tribal position at any one time.

Section 3. The Legislature serving at the time of this Amendment shall adopt legislation within ten (10) days of adoption of this Amendment describing eight (8) Legislative Districts of equal proportion, within 30%, of members of the Citizen Potawatomi Nation Indian Council living outside of Oklahoma. They shall be numbered one (1) through eight (8) for those Legislative Districts outside of the State of Oklahoma and nine (9) through thirteen (13) for those Legislators within the State of Oklahoma.

Section 4. In order to provide for staggered terms of office, in a special election held within 120 days of the adoption of this Amendment in which eleven (11) Legislators will be elected, one (1) Legislator’s first term shall coincide respectively with the term of office of the former Councilman #1 and both of whom shall, at the time of their election and thereafter, be residents of the State of Oklahoma. Two (2) Legislators’ first term shall coincide respectively with the terms of office of the former Councilman #2 and all three of whom shall, at the time of their election and thereafter, be residents of the State of Oklahoma. Four (4) Legislators’ first term of office shall coincide with the term of office of the Tribal Chairman and all four (4) Legislators shall, at the time of their election and thereafter, not be residents of the State of Oklahoma. Four (4) Legislators’ first term of office shall coincide with the terms of office of the Vice Chairman and the Secretary/Treasurer, and all four

  1. Legislators shall, at the time of their election and thereafter, not be residents of the State of Oklahoma. Business Committee members in office at the time of this Amendment will serve out their terms of office and may stand for reelection at the next regular election.

    Section 5. Legislators whose first term of office expires at the same time as the Tribal Chairman shall reside, one each, in Legislative Districts 1,2,3 and 4. Legislators whose first term of office shall expire at the same time as the term of office as the Tribal Vice Chairman and Secretary/Treasurer shall reside, one each, in Legislative

    Districts 5,6,7 and 8. Legislators who live in Oklahoma shall be Legislators 9, 10, 11, 12 and 13.

    Section 6. Apportionment of the Legislative Districts and any boundary changes necessary to reflect reapportionment shall occur every ten (10) years, after the initial apportionment and boundary descriptions set by appropriate legislation of the Legislature serving at the time of the adoption of this Amendment.

    Section 7. The newly elected officers shall be installed immediately upon their election or at such time as may be provided in the Election Ordinance approved by the Council, or as soon thereafter as any period provided by law for a challenge to the election has expired or as soon thereafter as any dispute regarding the election be finally resolved as provided by law.

    Section 8. The incumbent officers as of the date of adoption of this Constitution shall continue to serve until the normal expiration of their terms as provided for in Section 3 of this Article, and the election held upon expiration of those terms shall be the first regular election held pursuant to this Constitution.

    Section 9. Special elections for the Recall of Tribal Officials shall be conducted on order of the court by an independent Election Board to be established pursuant to a Recall Election Ordinance prescribed by the Legislature and concurred on by the Council, provided that at least 5% of the members of the Citizen Potawatomi Nation Indian Council, must vote in order for the Recall Election to be valid. Other special elections shall be conducted by the Election Board as required in Article 9 or Article 12, or upon request by resolution of the Legislature.

    ARTICLE 13 – MEETINGS OF THE COUNCIL

    Section 1. Annual meetings of the Citizen Potawatomi Nation Indian Council shall be held on the last Saturday of June of each year for receiving reports and any other business which may come regularly before the Council. The purpose of the Citizen Potawatomi Nation Indian Council meetings shall be to give information and to discuss any matter pertaining to the Citizen Potawatomi Nation. Any actions taken with respect to the authority reserved to the Council by this Constitution shall be made only by a subsequent election held in accordance with, and within the time specified in the Election Ordinance, which election shall be open to all members of the Council.

    Section 2. Such meeting shall be held at the Tribal

    Office Building designated for that purpose at the

    Citizen Potawatomi Nation Capital Complex south of Shawnee, Oklahoma, unless some other point under the jurisdiction of the Citizen Potawatomi Nation is specifically designated in the call.

    Section 3. Special meetings of the council may be called at the discretion of the Chairman, and shall be called by him upon the written request of the majority of the Legislature or the written request of five percent (5%) of the members of the Council.

    Section 4. The principal object of the special meeting must be stated in the call for same and may include the words “and for the discussion of other business that may be presented.” Unless these words are added, no other business can be discussed except for the object stated in the call. Any actions taken with respect to the authority reserved to the Council by this Constitution shall be made only by a subsequent election held in accordance with, and within the time specified in, the election ordinance, which election shall be open to all members of the Council.

    Section 5. Notice of meetings of the Citizen Potawatomi Nation Indian Council shall be given through all appropriate means by the Secretary/Treasurer of the Nation at least ten (10) days prior to the date of such meeting.

    Section 6. The agenda for each meeting of the Citizen Potawatomi Nation Indian Council shall be compiled by the Tribal Chairman. Following completion of discussion on all agenda items other tribal business may be discussed, subject to the requirements of Section 4 of this Article.

    Section 7. As required, following the meetings of the Citizen Potawatomi Nation Indian Council, the election board shall conduct an election pursuant to the election ordinance to decide the issues approved by the Council.

    ARTICLE 14 – MEETINGS OF THE LEGISLATURE

    Section 1. The regular meetings of the Legislature shall be held the last Thursday in February, May, August, and November unless otherwise provided by resolution.

    Section 2. Special meetings of the Legislature may be called by the Chairman at his discretion, and shall be called by him upon the written request of nine (9) members of the Legislature.

    ARTICLE 15 – VACANCIES

    Section 1. The Chairman, subject to the approval of the majority of the remaining members of the Legislature,

    whether or not the number of remaining members would constitute a quorum shall have the authority to appoint persons to fill any vacancies in any elective office on an interim basis until the next regular election at which time a person shall be elected to serve the remainder of the unexpired term or for a new term in its regular order as the case may be.

    Section 2. In case of vacancy in the office of Chairman, the Vice-Chairman shall succeed at once to the office of the Chairman until the next regular election at which the office of Chairman shall be filled for the remainder of the unexpired term or for a new term in its regular order as the case may be.

    Section 3. During the period in which the Vice-Chairman serves as Chairman under these circumstances, the Vice-Chairman’s office shall not be considered vacant and he/she shall return to serve the unexpired portion of his/her own term of office (if any) upon election and installation of a Chairman. Should the Vice-Chairman be elected, to the chairmanship, his vacancy shall be filled according to Article 12, Section 1.

    ARTICLE 16 – RIGHTS OF PERSONS

    Section 1. The Citizen Potawatomi Nation shall not:

    1. Make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the peo- ple peaceable to assemble or to petition for a redress of grievances.

    2. Violate the rights of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describ- ing the place to the searched and the person or thing to be seized.

    3. Subject any person for the same offense to be twice put in jeopardy.

    4. Compel any person in any criminal case to be a witness against himself.

    5. Take any private property for a public use with- out just compensation.

    6. Deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witness- es in his favor, and at his own expense to have the assistance of counsel for his defense.

    7. Require excessive bail, impose excessive fines, or inflict cruel and unusual punishment.

    8. Deny to any person within its jurisdiction the equal protection of its laws or deprive any per- son of liberty or property without due process of law.

    9. Pass any bill of attainder or ex post facto law.

    10. Deny to any person accused of an offense pun- ishable by imprisonment the right, upon request, to a trial by jury of not less than six (6) persons.

ARTICLE 17 – QUORUM

Section 1. Nine (9) members of the Legislature shall constitute a quorum at any meeting.

Section 2. Five percent (5%) of the members of the Citizen Potawatomi Nation Indian Council shall constitute a quorum to transact business at a meeting. Should a quorum not be achieved at a duly-called meeting of the Council, the Legislature may initiate a referendum election on any agenda items which require action by the Council under the authority reserved to it by this constitution. Such referendum election shall be conducted pursuant to the provisions of the election ordinance.

ARTICLE 18 – TRIBAL ENACTMENTS

Section 1. All final decisions of the Council on constitutionally delegated matters shall be embodied in resolutions approved by a referendum election to be held within ninety (90) days. Every resolution of the Council shall begin with the words, “Now, therefore be it resolved by the Council of the Citizen Potawatomi Nation”.

Section 2. All final decisions of the Legislature on matters of temporary interest or matters relating to particular circumstances, officials, or individuals shall be embodied in resolutions. Every resolution of the Legislature shall begin with the words, “Now, therefore be it resolved by the Legislature of the Citizen Potawatomi Nation”.

Section 3. All final decisions of the Council of the Citizen Potawatomi Nation upon ongoing matters necessary to the orderly administration of its delegated powers and authority shall be embodied in ordinances, which may be called statutes, approved by a referendum election held within ninety (90) days. Every ordinance shall begin with the words, “Be it enacted by the Council of the Citizen Potawatomi Nation”.

Section 4. All final decisions of the Legislature of the Citizen Potawatomi Nation upon ongoing matters necessary to the orderly administration of tribal affairs, or having general or continuing application shall be embodied in ordinances, which may be called statutes. Every ordinance shall begin with the words, “Be it enacted by the Legislature of the Citizen Potawatomi Nation”.

ARTICLE 19 – AMENDMENTS

Amendments of this Constitution may be proposed by a unanimous vote of the Legislature or by a petition signed by thirty percent (30%) of the members of the Tribal Council, shall be submitted to a referendum vote of the members of the Tribe, and shall be effective if ratified by a 2/3 majority vote of those registering and voting in an election called for that purpose under the supervision of the Election Committee.

ARTICLE 20 – SAVINGS CLAUSE

Any previous ordinances or resolutions enacted by the Tribe shall continue in full force and effect to the extent they are not in conflict with this Constitution unless revoked or amended in the future.

ARTICLE 21 – RATIFICATION

This Constitution, when ratified by a majority vote of the qualified voters of the Citizen Potawatomi Nation voting at an election called for that purpose, in which at least thirty percent (30%) of those entitled to vote shall cast their ballots, shall be effective from the date of ratification.




CITIZEN POTAWATOMI NATION

RELINQUISHMENTS AND DISENROLLMENTS

TITLE 2




INDEX

CHAPTER SECTION

  1. RELINQUISHMENTS AND DISENROLLMENTS

    Relinquishments 101

    Disenrollments 102

    CHAPTER ONE RELINQUISHMENTS AND DISENROLLMENTS

    Section 2-1-101 Relinquishments

    1. Any adult member of the Citizen Potawatomi Nation may voluntarily relinquish their mem- bership. Such a relinquishment must be in writ- ing, and the signature must either be notarized or witnessed by two persons. A person who has relinquished their membership in the Citizen Potawatomi Nation as an adult, over the age of Eighteen (18), may not reapply for membership.

    2. The membership of any member of the Citizen Potawatomi Nation who is not at least Eighteen

      (18) years of age may not be relinquished by anyone. The only exception is when the par- ent or guardian desires to enroll the minor child into another federally recognized Indian Tribe. However, this may only be accomplished on a conditional relinquishment form. A person whose membership in the Citizen Potawatomi Nation was relinquished by a parent or guardian while the person was a minor may reapply for membership after reaching the age of Eighteen (18).

    3. Any member wishing to relinquish will be en- couraged to do so on a conditional relinquish- ment form. In such case, the relinquishment will become effective upon the acceptance of that individual into membership of another Tribe. The member’s name will not be removed from the Citizen Potawatomi Nation until documen- tation of the acceptance into the other Tribe’s membership is received.

    4. Should a member insist upon relinquishing in writing, without using the conditional relin- quishment form, the Tribe will comply with the member’s wishes and will remove the mem- ber’s name from the Citizen Potawatomi Nation Tribal Roll on the effective date specified in the submitted written relinquishment.

      Section 2-1-102 Disenrollments

      The Director of Tribal Rolls shall bring to the attention of the Legislative Committee on Enrollment the names of such Tribal members as an examination of the records of the enrollment office indicate, might be subject to disenrollment. Should the Legislative Committee on Enrollment determine that disenrollment action is necessary; the procedures described in this section

      shall be followed. Any person whose disenrollment has been completed shall not be eligible to reapply for membership.

      1. Grounds for disenrollment. A Tribal member shall be subject to disenrollment if records reveal one or more of the following conditions exist:

        1. The member was erroneously enrolled (that is, they did not meet the eligibility criteria in existence at the time of their enrollment).

        2. The member has accepted benefits of land or money (or if a minor, a parent or guard- ian has accepted benefits of land or money on the minor’s behalf) as an enrolled member of another Indian Tribe after the effective date of the Revised Constitution of the Citizen Potawatomi Nation.

        3. The member is currently enrolled with an- other Indian Tribe and has either refused to relinquish membership in the other Tribe or has failed to respond to a notice of the requirement to relinquish membership in the other Tribe.

      2. Procedures for disenrollment. Members identified as being subject to disenrollment pursuant to subsection (1) of this section shall be notified by certified mail, return receipt requested, of the in- tent to disenroll. Included in the notice shall be the date set for a hearing before the Legislative Committee on Enrollment to consider the matter. Following the hearing, whether or not the affect- ed member makes any appearance or response, the Legislative Committee on Enrollment shall de- termine if the member shall be disenrolled. The disenrolled member shall be notified of the action taken by certified mail, return receipt requested. Such notice shall include the right to appeal the Legislative Committee on Enrollment decision to the Legislature within Thirty (30) days of the date of the receipt of the notice. Should such an appeal be timely filed, the Legislature shall make a decision on the disenrollment. The decision of the Legislature shall be final. If no appeal is timely filed, the decision of the Legislative Com- mittee on Enrollment shall be final.


      TRIBAL SOVEREIGNTY AND EXTRNERAL

      TITLE 3




      INDEX

      CHAPTER SECTION

      1 Tribal Sovereignty 101

      CHAPTER ONE TRIBAL SOVEREIGNTY

      Section 3-1-101. Sovereign Immunity

      Noting in this Code shall be construed to constitute a waiver of the Tribe’s sovereign immunity.




      CITIZEN POTAWATOMI NATION

      ELECTION CODE

      TITLE 4


      CHAPTER

      1. ELECTION CODE

      SECTION

      Citation

      101

      Purpose

      102

      Definitions

      103

      Time Periods

      104

      Creation

      105

      Composition

      106

      Appointment

      107

      Oath

      108

      Officer Selection

      109

      Sub-appointments

      110

      Filing Certifications

      111

      Eligibility

      112

      Term

      113

      Compensation

      114

      Records

      115

      Duties

      116

      Procedure

      117

      Rules

      118

      Election Days

      119

      Forms

      120

      Instructions to Voters

      121

      Public Information

      122

      Polling Place

      123

      Ballot Box

      124

      Access to Ballots

      125

      Voting Booths

      126

      Poll Watchers

      127

      Electioneering and Loitering

      128

      Voter Conduct 129

      Anonymous Election Material 130

      Application 131

      Public Disclosure of Campaign

      Contributions 132

      No Posting of Tribal Campaign Election Literature or Signs on Tribal Property 133

      Candidates Employed by the Tribe 134

      Eligibility 135

      Voters Lists 136

      Who May Challenge 137

      How to Challenge 138

      Time for Challenge 139

      Decision 140

      Appeal 141

      Appeal Time 142

      Appeal Parties 143

      Eligibility to File 144

      Ballot Eligibility 145

      Filed Candidate 146

      Filing Period 147

      Form of Declaration 148

      Names of Candidates 149

      Acceptance 150

      Certification of Slate 151

      Use of Tribal Newspaper 152

      Filing for More Than One

      Office Prohibited 153

      Withdrawals 154

      Procedure on Withdrawal 155

      Kinds 156

      Who May Challenge 157

      How to Challenge 158

      Hearing 159

      Appeal 160

      Appeal Time 161

      Relief 162

      Time for Declaration 163

      Candidate’s Names 164

      Unopposed Candidates 165

      Ballot Care 166

      Eligibility 167

      Application 168

      When to Apply 169

      Receiving Ballot and Absentee

      Voter List 170

      Voting 171

      Delivering Completed Ballot 172

      Handling 173

      Procedure Mandatory 174

      Voting Period 175

      Voting 176

      Voter Assistance 177

      Marking the Ballot 178

      Mutilated Ballots 179

      Unused Ballots 180

      The Tally 181

      Verifying the Absentee Ballots 182

      Counting Ballots 183

      Observing Tally 184

      Rejection of Ballots 185

      Certified Abstract 186

      Recounts 187

      Request for Recount 188

      Run-off Elections 189

      Retention of Ballots 190

      Election Certification 191

      Finality 192

      Installment 193

      Effect of Installment 194

      Incumbents 195

      Who Can Contest 196

      Grounds 197

      When to Contest 198

      How to Contest 199

      Election Committee Hearing 200

      Appeal 201

      Time 202

      Parties 203

      Relief 204

      Standard 205

      General Council Resolutions 206

      Absentee Votes 207

      Resolution Preparation 208

      Election Board 209

      Composition 210

      Powers of the Election Board 211

      Misdemeanor 212

      Venue and Jurisdiction 213

      What is Quo Warranto 214

      Who May Seek 215

      Who is the Proper Party Defendant 216

      CHAPTER ONE ELECTION CODE

      Section 4-1-101 Citation

      This enactment may be cited as the Election Ordinance

      of the Citizen Potawatomi Nation.

      Section 4-1-102 Purpose

      The purpose of this ordinance is to establish the rules and procedures for conducting elections authorized in the Revised Constitution of the Citizen Potawatomi Nation as adopted August 16, 2007.

      Section 4-1-103 Definitions

      The following definitions shall control the meanings of

      the following terms:

      1. “Tribal Court” shall mean the Citizen Potawatomi Nation Tribal Courts.

      2. “Legislative Ordinance” and “Legislative Resolution” shall mean the official document, and its adoption by the Legislature, by which the Legislature acts on behalf of the Nation under the authority granted to it by the Revised Constitution.

      3. “Nation” and all derivatives thereof shall mean

        the Citizen Potawatomi Nation.

      4. “Tribe” and all derivatives thereof shall mean

        the Citizen Potawatomi Nation.

      5. “Legislative District” shall mean the geographical area from which a Legislator or Executive Officer may be elected.

      6. “Revised Constitution” shall mean the Revised Constitution of the Citizen Potawatomi Nation as adopted by the Nation on August 16, 2007.

      7. “Elective Office” shall mean an elected office

      of the Citizen Potawatomi Nation.

      Section 4-1-104 Time Periods

      Unless otherwise provided herein, all of the time peri- ods established herein for filing, challenges, contests, or appeals are jurisdictional and cannot be waived.

      Section 4-1-105 Creation

      An Election Committee is hereby created and estab- lished having the duties and powers hereinafter set forth. The Election Committee shall conduct all elec- tions and referendum votes in accordance with the Trib- al Constitution and with this ordinance.

      Section 4-1-106 Composition

      The Election Committee shall consist of five persons: Chairman, Vice-Chairman, Secretary, Assistant Secre- tary, and a Marshal.

      Section 4-1-107 Appointment

      Subject to confirmation by the Legislature, the Chair- man of the Citizen Potawatomi Nation shall appoint the members of the Election Committee and designate the Chairman of the Committee:

      1. On or before the first Wednesday in October.

      2. By resolution in substantially as set forth in

        Appendix Form 1. (Resolution Format)

      3. If a vacancy occurs on the Election Committee, the Chairman shall fill the vacancy within thirty (30) days.

      Section 4-1-108 Oath

      Prior to entering into the duties of office, each Election Committee member shall take the following oath of of- fice to be administered by a member of the Executive Committee or a Tribal Court Judge:

      “I, , do hereby solemn- ly swear, or affirm, that I will support, protect and defend the Constitution and Laws of the Citizen Potawatomi Nation, and will cause the elections of the Citizen Potawatomi Nation to be conducted fairly, impartially, and in accor- dance with the laws of the Citizen Potawatomi Nation, so help me God.”

      Section 4-1-109 Officer Selection

      The Chairman of the Citizen Potawatomi Nation shall select a Committee Chairman from among the Election Committee members. A Vice-Chairman, Secretary, As- sistant Secretary, and a Marshal shall be selected by the Election Committee, who shall certify in writing to the Legislature the names of the persons so selected.

      Section 4-1-110 Sub-Appointments

      The Election Committee may appoint such observers, clerks, counters, marshals, and alternates, as neces- sary to conduct the election and shall certify such ap- pointments in writing to the Chairman of the Citizen Potawatomi Nation.

      Section 4-1-111 Filing Certifications

      Copies of all certified appointments and sub-appoint- ments shall be filed with the Secretary of the Citizen Potawatomi Nation and be open for public inspection at the Nation’s headquarters in Shawnee, Oklahoma.

      Section 4-1-112 Eligibility

      No person may be appointed to the Election Committee unless eligible and qualified.

      1. A person is eligible if:

        1. A member of the Tribe.

        2. 21 years of age or older

      2. A person is not qualified for appointment if:

        Under any court-ordered guardianship due to mental incapacity,

        1. The natural or adopted brother, sister, par- ent, child, or spouse to a current candidate,

        2. A current candidate for election to any tribal office to be decided by that election,

        3. Ever convicted of a felony,

        4. Ever found civilly or criminally liable of issuing a false publication in connection with a tribal election or criminal guilt of a non-felonious crime involving the election laws of the Tribe, or

        5. Ever found civilly or criminally liable for breaching a fiduciary or contractual duty to the Tribe.

      Section 4-1-113 Term

      Each Election Committee member shall serve from ap- pointment until the election results for all offices have been certified.

      Section 4-1-114 Compensation

      Members of the Election Committee are to receive only such compensation, traveling expenses, or stipend, as may be authorized by the Legislature.

      Section 4-1-115 Records

      The Election Committee shall maintain complete and accurate minutes of meetings and retain all documents pertaining to an election. These records shall be filed with the Secretary of the Citizen Potawatomi Nation within forty-eight (48) hours after the conclusion of each meeting and shall be open for public inspection during normal office hours at the Nation’s headquarters in Shawnee, Oklahoma.

      Section 4-1-116 Duties

      Each Election Committee member has the duty to be- come thoroughly familiar with this ordinance and the Tribal Constitution and by-laws to see that these laws are rigorously followed, and to immediately document

      and report any violations to the marshal or other law enforcement personnel. In addition:

      1. Chairman: The Chairman shall be the presiding member and responsible for the overall activi- ties of the Election Committee, including safe- keeping of the ballots and ballot box(s).

      2. Vice-Chairman: The Vice-Chairman shall as- sist the Chairman, preside in his absence and assist in the conduct of the election.

      3. Secretary: The Secretary shall record and main- tain accurate minutes of meetings and records pertaining to an election. The Secretary shall verify the authenticity of these records and be responsible for providing all Election Com- mittee certifications except where otherwise provided herein after each Election Commit- tee meeting. All records shall be filed with the Secretary-Treasurer of the Tribe within two (2) working days after each meeting.

      4. Assistant Secretary: The Assistant Secretary shall assist the Secretary and serve in the Secre- tary’s absence, and assist in the conduct of the elections.

      5. Marshal: The Marshal shall maintain order at the polls, and enforce the election laws. The Marshal shall have these powers from the time the polls open until declaration of all election results is final.

      6. Clerks: Appointed Clerks shall assist in the conduct of the elections, and shall check off the voters on the list of qualified voters. Each Clerk shall keep a separate record of the members vot- ing which shall be cross-checked frequently by the Chairman or his designate, to insure accu- racy.

      Section 4-1-117 Procedure

      The Election Committee acts only by majority vote of a quorum at a properly called and noticed meeting.

      1. Quorum. A quorum of the Election Committee shall consist of any three (3) members.

      2. Meetings. Meetings may be called at any time by the Chairman, or by request of a majority of the Election Committee. In the event the Chairman fails to call a meeting as requested, the other members of the Election Committee who request a meeting may convene upon pri- or registered mail notification to all members

        of the Election Committee and the Secretary -

        Treasurer.

      3. Where. All meetings shall be at the tribal office unless notice of the place and time of the meet- ing is conspicuously posted in the tribal office at least forty-eight (48) hours prior to the meeting.

      Section 4-1-118 Rules

      Upon the conclusion of each election, the Election Committee shall have the authority to recommend such rules, not inconsistent with this Ordinance, as may be necessary and proper for the conduct of tribal elec- tions. Such rules shall be approved by the Legislature. Copies should also be posted in prominent places in the tribal offices and such other places as the Election Committee may deem advisable. A copy of the rules should be promptly delivered to the tribal newsletter for publication.

      Section 4-1-119 Election Days

      All tribal elections and referendum votes, unless other- wise specifically provided by law, shall be on a Satur- day. Regular elections of members of the Legislature and Executive Officers shall be held on the last Saturday in June of each election year. All other required Citi- zen Potawatomi elections or constitutionally mandated elections shall be held upon call of the Legislature or the Election Committee as provided by the Tribal Con- stitution and by-laws.

      Section 4-1-120 Forms

      The forms contained in the Appendix of Forms are suf- ficient under this ordinance and are intended to indicate the simplicity and brevity of statement which this or- dinance contemplates. Except as provided herein, all forms needed for Citizen Potawatomi elections and ref- erendum votes shall be prescribed and provided by the Election Committee. The Citizen Potawatomi Nation shall be responsible for the cost of producing all forms.

      Section 4-1-121 Instructions to Voters

      Instructions to voters describing the manner of casting one’s vote shall be posted at the polling place and is- sued upon request to all eligible voters with a ballot.

      Section 4-1-122 Public Information

      The Election Committee shall widely disseminate to the tribe information about the dates and times of election, locations of polling places and other election-related data. The Election Committee is authorized to publish in the tribal newsletter and in other newsprint media names of candidates, election dates, polling places,

      election results, and other information as necessary to discharge its duties.

      Section 4-1-123 Polling Place

      The polling place of all Citizen Potawatomi elections shall be the Nation’s headquarters in Shawnee, Okla- homa and the mailing address for the submission of all absentee ballots shall be as designated by the Election Committee.

      Section 4-1-124 Ballot Box

      Locked empty ballot boxes shall be provided and shown at the polling place prior to voting. Each ballot box shall be constructed of substantial material and shall be equipped with a lock so that the keys of one lock will not unlock others. Each box shall be equipped with a slot or opening in the top through which a ballot may be inserted, but so the box must be unlocked before the ballots can be removed.

      Section 4-1-125 Access to Ballots

      The Election Committee Chairman and Election Com- mittee Secretary shall retain ballot box keys in their custody until all election results are finally certified. Only those authorized by this ordinance shall have ac- cess to the ballot boxes at specific times designated by the Election Committee.

      Section 4-1-126 Voting Booths

      At least two voting booths shall be provided at the polling place. The booths shall be constructed with a counter shelf so that:

      1. No more than one person is in the booth, and

      2. Voters can mark their ballots in secrecy.

      Section 4-1-127 Poll Watchers

      Each candidate may designate, in writing, one person who is not a candidate, to watch the activities at the polls.

      1. A Poll Watcher is eligible if:

        1. A member of the Tribe.

        2. 21 years of age or older.

      2. A Poll Watcher is not qualified for appointment

        if:

        1. Under any court-ordered guardianship due to mental incapacity.

        2. Ever convicted of a felony.

        3. Ever convicted of non-felonious crime in- volving the election laws of the Tribe, or

        4. Ever found civilly or criminally liable for breaching a fiduciary or contractual duty to the Tribe.

      Such designation must be presented to Election Com- mittee Officials in writing one week prior to the elec- tion. Poll Watchers may not interfere in any way with the conduct of the election, but may observe only. Any poll watcher interfering with the election or attempting to electioneer in any way may be ejected from the poll area by a marshal or law enforcement officer.

      Section 4-1-128 Electioneering and Loitering

      No person shall be allowed to electioneer inside or with- in one hundred (100) feet of the polling place where and when the election is in progress. Neither will any loitering be permitted in the polling places during vot- ing hours. Election officials at the polling place have the duty to obtain such assistance as may be required to maintain order about the building during the progress of the election.

      Section 4-1-129 Voter Conduct

      No intoxicated person will be permitted in the polling place. No person will be permitted to conduct himself in such a manner which may interfere with the election progress. No person shall engage in any activity which serves as a detriment to the election progress or which inhibits the rights of another to vote.

      Section 4-1-130 Anonymous Election Material

      It shall be unlawful for any person, firm, corporation, partnership, organization, or association to write, print, post, or distribute or cause to be written, printed, posted or distributed a statement, circular, poster or advertise- ment which is designed to influence the voters on the nomination or election of a candidate or to influence the voters on any constitutional or statutory amendment or on any other issue in a Potawatomi tribal election, or to influence the vote of any member of the Legislature or Tribal Council, unless there appears in a conspicuous place upon such circular, poster, or advertisement, ei- ther the name and address of the person, if an individu- al, or the name and address of the president, chairman, or secretary, or of two (2) officers of the organization, if an organization. Persons violating this act shall be guilty of a crime punishable by the maximum incarcer- ation and fine allowed by law.

      Section 4-1-131 Application

      The provisions of Section 130 shall not apply to any matter published in any newspaper, magazine, or jour-

      nal recognized and circulating as such, which matter is published upon its own responsibility and for which it shall not charge or receive any compensation whatso- ever, nor shall the provisions of this Chapter apply to any publication issued by any legally-constituted elec- tion officials in the performance of their duties. For pur- poses of this provision only, a newspaper, magazine or journal is a publication which is published at intervals of either one (1) month or less, on a continuous basis, and has been so published on said continuous basis for the six (6) months prior to the date when ballots can first be requested by tribal members for elections of Legis- lature members at the General Council. The newspaper, magazine or journal must also bear the address of the.

      As amended by Ordinance #09-02 enacted by the Citi- zen Potawatomi Legislature on December 15, 2008.

      Section 4-1-132 Public Disclosure of Campaign

      Contributions

      Each candidate for elective offices in the Citizen Potawatomi Nation shall file a public disclosure state- ment that identifies all persons, corporations, groups, etc., contributing in excess of Fifty Dollars ($50.00) to that individual’s campaign. This disclosure must be made to the Secretary-Treasurer of the Tribe no later than four (4) weeks after the day of the election. If no contribution has been received, a statement must be filed stating so. Failure to file public disclosure under this Chapter is punishable by a fine of Five Hundred Dollars ($500.00) and possible disqualification from the election if the individual falsifies or refuses to file the required reports.

      Section 4-1-133. No Posting of Tribal Campaign Election Literature or Signs on Tribal Property

      It shall be unlawful for any person, firm, corporation, partnership, organization or association to post election literature, material or signs on Tribal property. Posting of literature, signs or other partisan political advertise- ment is strictly prohibited. The distribution of tribal campaign literature will be allowed on Election Day at the tribal polling place, subject to specifications in Sec- tion 4-1-128.

      Nothing in this Chapter shall be interpreted as a general prohibition against the placement of advertisements in the tribal newspaper.

      As amended by Ordinance #09-02 enacted by the Citi- zen Potawatomi Legislature on December 15, 2008.

      Section 4-1-134 Candidates Employed by the

      Tribe

      Candidates who are employed with the Citizen Potawatomi Nation must comply with the Citizen Potawatomi Nation Employee Handbook in regard to campaigning or candidacy for office.

      Section 4-1-135 Eligibility

      Every tribal member 18 years of age or older is eligible to vote in accordance with the Revised Constitution.

      Section 4-1-136 Voters Lists

      The Secretary of the Citizen Potawatomi Nation shall have the duty to compile from the tribal membership rolls, a voter list of all persons who will be eligible vot- ers on the date scheduled for the election and shall cer- tify the voter list and:

      1. Present a certified copy to the Election Commit- tee no later than the first business day in January prior to the election, except for unforeseen cir- cumstances.

      2. Maintain at least one certified copy of the names of the eligible voters of each Legislative Dis- trict at the Nation’s headquarters in Shawnee, Oklahoma for public inspection during regular business hours no later than the second Monday in December.

      3. Maintain at least one (1) certified copy of the names of the eligible voters of each Legislative District at each polling place on Election Day to verify the eligibility of those presenting them- selves to vote.

      Section 4-1-137 Who May Challenge

      Any person may challenge the eligibility of anyone whose name appears on the voter list, or may apply to have his name added to the voter list.

      Section 4-1-138 How To Challenge

      A voter list challenge is initiated by filing a written pe- tition with the Election Committee. No special form of petition shall be required although the petition shall:

      1. Clearly indicate the substance of the challenge,

      2. Specify the name, or names challenged

      3. Set forth the relief requested,

        1. To add a name, or

        2. To delete a name, and

      4. Include supporting evidence.

      Section 4-1-139 Time for Challenge

      A challenge must be initiated no later than ten (10) days after the Tribal Secretary deposits the certified voter list in the tribal office.

      Section 4-1-140 Decision

      The Election Committee should render a decision on a challenge within ten (10) days of filing. Failure to timely act will be considered a denial of challenge.

      Section 4-1-141 Appeal

      Any party aggrieved by the action or inaction of the Election Committee may thereafter appeal to Tribal Court.

      Section 4-1-142 Appeal Time

      An appeal must be filed within five (5) working days of the publication of the decision by the Election Com- mittee.

      Section 4-1-143 Appeal Parties

      The individual members of the Election Committee and Legislature shall not be named as defendants in an appeal. The tribal attorney or the Tribal Chairman’s appointee shall represent the Election Committee, Leg- islature and/or Executive Officers, under the direction of the Tribal Chairman, and the Court shall expedite such case so as to reach a final decision prior to Elec- tion Day. No election shall be postponed because of pending voter list challenge.

      Section 4-1-144 Eligibility to File

      In order to file for any office, a candidate must be eligi- ble and qualified:

      1. A person is eligible to be a candidate for a Legislative Office if:

        1. Eighteen (18) years of age or older,

        2. A member of the Tribe, and

        3. Physically residing within the respective

        4. Legislative District continuously for the pe- riod of not less than six (6) months prior to the election.

      2. A person is eligible to be a candidate for an Executive Office if:

        1. Thirty-five (35) years of age or older,

        2. A member of the Tribe, and

        3. Physically residing within the State of Okla- homa continuously for the period of not less than six (6) months prior to the election.

      3. A person is not qualified for an elected office if:

        1. Ever convicted of a felony, or other offense involving dishonesty while holding an elect- ed tribal office,

        2. Ever found civilly or criminally liable for a breach of fiduciary duty to the Nation or misconduct in elected office, or

        3. Ever impeached or recalled from an elected tribal office.

        4. Holds membership in any other Indian Tribe or Nation and/or accepted land or monetary benefits from another Tribe after August 16, 2007.

      Each successful candidate for an Executive Office in the Citizen Potawatomi Nation must submit a complet- ed personal information form containing their personal financial information to the Comptroller of the Curren- cy as required under the Standard Change of Control application form for National Banks no later than sev- en (7) days after the election results are certified. This statement will be incorporated into the candidates filing form.

      As amended by Ordinance #09-02 enacted by the Cit- izen Potawatomi Legislature on December 15, 2008.

      Section 4-1-145 Ballot Eligibility

      To be eligible to seek election and be placed on the bal- lot, a person must timely file for that office.

      Section 4-1-146 Filed Candidate

      To be a filed candidate, one must:

      1. Be eligible to file,

      2. Timely file a declaration of candidacy on the ap- propriate form with the Secretary-Treasurer of the Citizen Potawatomi Nation or his designee or the Election Committee or their designee.

      3. Timely pay a filing fee of one hundred-fifty dol- lars ($150.00) upon filing by guaranteed check (such as cashier’s or official bank check.)

      Section 4-1-147 Filing Period

      A candidate must file by United States Mail, received no later than the end of the filing period, or 5:00 p.m. of the second Wednesday of January, or as designated by the Legislature.

      Section 4-1-148 Form of Declaration

      On the approved form, the declaration of candidacy must be by affidavit and contain the following state- ment:

      “I hereby consent to the publication of back- ground information of record available from the National Crime Information Center, the Citizen Potawatomi Nation Tribal Court, plus tribal employment history relating to my personal be- havior that has been addressed by formal disci- plinary action for misconduct or dishonesty. I will have the right to simultaneously publish a sworn statement of explanation accompanying this information containing no names of present or previous tribal employees, No information that can be used for identity theft will be pub- lished.”

      plus sufficient information for the Election Commit- tee to determine that the candidate is eligible to file, is seeking a particular office, and has complied with this ordinance. The declaration should be as shown in Ap- pendix Form 2. Any reasonable copy of the form may be used.

      As amended by Ordinance #09-03 enacted by the Citi- zen Potawatomi Legislature on February 12, 2009.

      Section 4-1-149 Names of Candidates

      Candidates must file as legally named on the tribal rolls. Each candidate may specify one (1) nickname to be placed on the ballot alongside the candidate’s true name. No nicknames may be used if identical or sub- stantially similar to the name or nickname of another candidate. Should a dispute over the use of a name arise, the Election Committee’s decision shall be final and such decision shall not be subject to appeal. To specify a nickname, a candidate must affirm in the dec- laration of candidacy that:

      1. The candidate is known by the nickname, and

      2. The nickname is not being used for any other purpose than to accurately identify the candi- date.

      Section 4-1-150 Acceptance

      The Election Committee shall accept any filing on the approved form by a person which, on its face, appears valid. That is, shows the candidate filing is eligible, qualified, and has timely filed, and tendered the filing fee. Acceptance shall entitle the candidate to have his name appear on the ballot unless the candidate with- draws as hereinafter set forth or unless a contest to his candidacy is sustained in the manner hereinafter de- scribed.

      Section 4-1-151 Certification of Slate

      As soon as practical after the filing period closes, the Election Committee shall file a written certification of the slate of candidates for the election with the Tribal Secretary. The certification shall also indicate all fil- ings not accepted and the reasons for non-acceptance.

      Section 4-1-152 Use of Tribal Newspaper

      After filing closes, the tribal newspaper will provide an equal amount of free space in the next edition for all candidates appearing on the certified slate. The purpose of allowing the free space is to allow the candidates to identify themselves to the voters. All other space in the tribal newspaper shall be available to candidates on a set-fee.

      The Election Committee shall publish Appendix Form 4 for each candidate in the HowNiKan, up to a full page, allowing sworn Candidate Comments of a maximum of five full lines for each separate listed incident.

      The contents of free and paid advertisements shall be reviewed to insure that they do not contain libelous, slanderous, false, or misleading statements. Deadlines for receiving advertisement copy shall be set by the ed- itor and published in the newspaper.

      As amended by Ordinance #09-03 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

      Section 4-1-153 Filing for More Than One Office

      Prohibited

      No person shall be a candidate for more than one (1) office during any one (1) election, nor may a tribal of- fice holder seek another office except when the office holder’s term expires contemporaneously with the elec- tion. Each candidate must specify which office is being sought.

      Section 4-1-154 Withdrawals

      Any candidate for office may withdraw a Declaration of Candidacy by filing a written Notice of Withdrawal with the Election Committee at any time prior to the election. The withdrawal notice shall contain the can- didate’s name, the office sought, and shall be notarized or sworn to before a person authorized to administer oaths. A timely withdrawal is final. Notice shall be by certified mail.

      Section 4-1-155 Procedure on Withdrawal

      If a candidate withdraws, the Election Committee shall post notices to that effect at all polling places and with-

      in the voting booths, and may line-through or otherwise obliterate the candidate’s name from the ballot. Any votes cast for a withdrawn candidate shall be rejected.

      Section 4-1-156 Kinds

      The certified slate may be challenged either because a candidacy was allegedly wrongfully certified or be- cause a person’s attempted filing was allegedly wrong- fully rejected. Any challenge of a candidate or to the certified slate must be made within five (5) working days after the slate has been certified and posted to be a valid challenge.

      Section 4-1-157 Who May Challenge

      Any candidate may challenge the eligibility of any oth- er candidate for the same office. If only one (1) candi- date has filed for an office, any person on the voter list may challenge the eligibility of that candidate. Only the person whose filing is not accepted may challenge the non-acceptance.

      Section 4-1-158 How To Challenge

      A challenge must be initiated by filing a written petition with the Election Committee. Each petition shall state with particularity the reasons for the challenge.

      Section 4-1-159 Hearing

      Upon receiving a candidacy challenge, the Election Committee shall immediately deliver copies to the challenged candidate and all other candidates for that office. A hearing on the challenge must be held within five (5) days of receipt of challenge. The Election Com- mittee must render a decision on the challenge within seventy-two (72) hours of commencing a hearing. No formal pleadings are required. The Election Commit- tee may subpoena witnesses and take testimony under oath. The challenger has the burden of proof.

      Section 4-1-160 Appeal

      Any proper party to a candidacy challenge aggrieved by the Election Committee decision may appeal to the Tribal Court.

      Section 4-1-161 Appeal Time

      An appeal must be filed with the Tribal Court on or be- fore the expiration of two (2) business days following announcement of the Election Committee decision.

      Section 4-1-162 Relief

      The appellant shall have the burden of proof. The Trib-

      al Court shall either:

      1. Affirm the Election Committee decision.

      2. Reverse the Election Committee decision and depending upon which is appropriate, add or strike a candidate’s name from the slate certi- fication.

      Section 4-1-163 Time for Declaration

      The Tribal Court has ten (10) days to act on the appeal proceeding Election Day. Failure of the Tribal Court to render a decision within twenty (20) days is an affirma- tion of the Election Committee’s decision.

      Section 4-1-164 Candidate’s Names

      The name of any candidate for office shall be printed on the official ballot as set forth in the declaration of can- didacy without any prefix, suffix, or title. A nickname may be included if properly requested. Positions on the ballot will be determined by incumbency first with the remaining candidates for a particular office being placed on the ballot in alphabetical order. As soon as the candidates filing period closes and period challeng- es expire without a timely challenge, the Election Com- mittee will prepare a ballot. If candidacy challenge is filed, the ballot will be prepared as soon as the chal- lenge is resolved.

      Section 4-1-165 Unopposed Candidates

      Any candidate who is unopposed for an office shall:

      1. Appear on the ballot with the designation “un- opposed” printed next to his name, and

      2. On Election Day be deemed elected to that of- fice.

      Section 4-1-166 Ballot Care

      1. Specific instructions to the voter may be print- ed at the top of the ballot. Ballots shall not be numbered or show any other lettering or identi- fiable markings, unless such markings be on a perforated “tear-off” slip to be removed prior to placing the ballot in the ballot box.

      2. Only one (1) ballot shall be cast by each eligible voter.

      3. A ballot shall be cast only after the voter has signed the poll register unless voting by absen- tee ballot.

      4. Election Committee officials shall account for all “ballots.”

      5. A ballot shall be issued to each eligible voter by mail or through distribution at the tribal offices by the Election Committee.

      Section 4-1-167 Eligibility

      Any voter can vote by absentee ballot.

      Section 4-1-168 Application

      Requests for absentee ballots may be written, printed or typed and must include the correct mailing address, roll number, date of birth, and legal signature of the person making the request. These requests must be mailed to the Post Office Box designated by the Election Com- mittee.

      Section 4-1-169 When To Apply

      Requests to vote an absentee ballot must be post-marked not less than twenty (20) days prior to the election.

      Section 4-1-170 Receiving Ballot and Absentee

      Voter List

      After the final certification of the slate of candidates has been made, the Election Committee will have until March 1st or as soon as practicable thereafter to print the ballots. Ballots will then be mailed to the voters no earlier than May 1st or later than June 20th upon receipt of an appropriate and timely request.

      The Election Committee shall maintain an accurate written record (“Absentee Ballot List”) of all ballots so issued (including the name, address, roll number, and legal signature of the voter to whom each absentee bal- lot was issued, and the date of the issue).

      Section 4-1-171 Voting

      Those voting by absentee ballot shall mark their bal- lots, seal them in an inner envelope, and see that the absentee ballot is timely delivered. Only the outer en- velope shall have the voter’s name, return address, roll number and legal signature written upon it. A written reminder of the requirement of the specified informa- tion to be placed on the outer envelope shall be conspic- uously printed on the outer envelope and on the ballot. Ballots will not be counted unless legal signature and role number is provided.

      Section 4-1-172 Delivering Completed Ballot

      Those wishing to vote by absentee ballot must see that their outer envelope with enclosed inner envelope and absentee ballot are delivered to the designated post of- fice box not later than 10:00 a.m. of the last Saturday in June unless otherwise provided for by the Legislature.

      Section 4-1-173 Handling

      All absentee ballots received by the Election Commit- tee shall remain in the Post Office or sealed locked bal-

      lot boxes provided for that purpose until 8:00 a.m. of Election Day, at which time the Chairman of the Elec- tion Committee, or an election official designated by the Chairman of the Election Committee, and at least one other election official shall:

      1. Receive the ballots from the post office,

      2. Personally transport the ballots to the polling place,

      3. Deliver the ballots immediately, still sealed, to the remaining members of the Election Com- mittee,

      4. Deposit the ballots unopened in a special locked ballot box, and,

      5. Tabulate the ballots by election officials in the presence of candidate poll watchers.

      In the event of a large mail-in vote, the Election Com- mittee has the option to verify (not count) the returned absentee ballots prior to Election Day. Prior to an offi- cial meeting of the Election Committee, the procedure will involve: 1) obtaining the envelopes from the post office; 2) bringing the envelopes to the court room; 3) certifying the identification of the voter on the outer en- velope in the presence of a poll watcher (if appointed) and a tribal police officer; and 4) placing the envelopes in a sealed locked ballot box or returning them to the Post Office.

      Section 4-1-174 Procedure Mandatory

      No absentee ballot will be received at any time or by other means than provided herein.

      Section 4-1-175 Voting Period

      The polls shall be opened at each polling place from 7:00 a.m. until 2:00 p.m. Saturday the day of General Council meeting. Any voter in line at the polling place at 2:00 p.m. but unable to cast a ballot before 2:00 p.m. shall be allowed to cast a vote.

      Section 4-1-176 Voting

      All voting is by secret ballot. Upon being identified as an eligible voter by the presentation of a Citizen Potawatomi Enrollment Card containing the member’s photograph, or the presentation of an older Citizen Potawatomi Enrollment Card without the member’s photograph and a second form of photographic identi- fication, and verification of the prospective voter being on the official voter’s list and not having previously re- ceived a ballot, each prospective voter shall:

      1. Sign his name on a voter register, kept for that

        purpose, to acknowledge receipt of the ballot,

      2. Be handed an unused ballot by an election of- ficial,

      3. Vote in privacy, in a voting booth, by marking the box opposite the name of the candidate sup- ported by the voter.

      4. Fold the ballot so the choice cannot be seen by

        others, and

      5. Personally deposit the ballot in the ballot box.

      6. If electronic machines are used to tabulate the vote, the voter shall insert the ballot into the ma- chine or the ballot shall be secured in a locked box until such time as it may be inserted.

      Members of the Election Committee may, at their dis- cretion, require a second form of identification beyond the Citizen Potawatomi Enrollment Card.

      Section 4-1-177 Voter Assistance

      The election officials may allow a voter to obtain the assistance of any person in casting a vote if the voter is physically unable to cast a ballot and assistance, with- out previous suggestion, is requested. The Election Committee shall decide whether assistance may be ren- dered which decision shall be final and unappeallable.

      Section 4-1-178 Marking the Ballot

      A ballot shall show only the marking of the voter’s choice and shall not show more choices than the elec- tion calls for. A person may choose not to vote for any candidate for a particular office. However, if a voter marks a ballot so that the vote is apparently for more than one candidate for a single office or for a candi- date not properly listed, or bearing any other such ma- terial errors, the ballot will not be counted, but will be marked by an official, and retained as hereinafter pro- vided. Voters voting in person, and not by absentee bal- lot, who mark a ballot improperly may ask for another ballot.

      Section 4-1-179 Mutilated Ballots

      If a voter mutilates a ballot or renders the ballot unus- able another may be obtained, and the mutilated ballot shall be folded and marked “mutilated” in ink. Each member of the Election Committee on duty at the poll- ing place shall sign below this marking and the muti- lated ballot shall be placed in a large envelope marked “mutilated ballots.” The envelope containing all muti- lated ballots shall be placed in the ballot box at the end of the voting.

      Section 4-1-180 Unused Ballots

      Ballots unused at the end of the voting shall be tied to- gether, marked “unused” in ink, signed by at least two

      1. election officials, and placed in the ballot box at the end of the voting.

        Section 4-1-181 The Tally

        All election material shall be transported to the count- ing room. Thereafter, the Election Committee shall:

        1. Unlock the ballot box(s),

        2. Remove the regular ballots, and

        3. Tabulate the vote.

        4. If electronic machines are used, tabulation of the vote is done as soon as the voter completes his ballot and inserts it into the machine or as soon as reasonable possible thereafter.

      Section 4-1-182 Verifying the Absentee Ballots

      The Election Committee shall verify the absentee bal- lots. Each outer envelope shall be opened, but the in- ner envelope shall remain unopened at that point. The Chairman shall then determine:

      1. Whether the person whose name is signed to the

        outer envelope and affidavit is a qualified voter,

      2. Whether the voter is on the absentee ballot list.

      Section 4-1-183 Counting Ballots

      The Election Committee shall count the absentee bal- lots manually or by electronic voting machines. If elec- tronic machines are used the count shall be tabulated on the day of the election.

      Section 4-1-184 Observing Tally

      At least two (2) election officials shall view each ballot, and each counter shall keep a separate tally of the votes cast. Each candidate may select a watcher, not a candi- date, who shall not interfere with the tally process, but can observe and keep a separate record of the tally of the ballots. If electronic machines are used to tabulate the vote, the tally shall be done electronically.

      Section 4-1-185 Rejection Of Ballots

      If, during the tallying of the votes, the members of the Election Committee are unable to determine from a bal- lot the choices of a voter, the ballot shall be rejected. A rejected ballot shall be marked “rejected” in ink. Each member of the Election Committee shall sign his name below this marking. Rejected ballots shall be kept to- gether, and placed in the ballot box at the end of the tally.

      Section 4-1-186 Certified Abstract

      At the close of the tally, the Election Committee mem- bers shall:

      1. Open the ballot boxes and display the empty box to all persons present to insure that no bal- lots are contained therein,

      2. Determine the total vote cast including the ab- sentee ballots for each candidate for each office,

      3. Write down these totals, together with the num- ber of rejected ballots, spoiled ballots, unused ballots and total ballots printed,

      4. Sign the written totals as a certified abstract of the election results,

      5. Read the certified abstract aloud to the public,

      6. Deliver copies of the certified abstract to:

        1. The Legislators

        2. The Tribal Court Clerk, and

        3. The Election Committee files in the tribal Secretary’s Office.

      Section 4-1-187 Recounts

      If the votes cast for two (2) or more candidates (with the highest vote) is tied, or if the highest vote is larger than the next highest vote by less than 10% of the total vote cast for that office, the Election Committee shall recount the vote for that office on all the unmutilated unrejected ballots, rejecting any which it is unable to determine the choice of the voter. The recounts shall continue until two (2) consecutive counts agree, and a new abstract shall then be prepared and read aloud to the public.

      Section 4-1-188 Request For Recount

      Since the Election Ordinance provides for automatic re- count of ballots, any request for recount of ballots must list the reasons therefore in writing and be submitted to the Election Committee Chairman or his designat- ed representative within two (2) working days after the election.

      Such request must be accompanied by a non-refundable cashier or official check of Two Hundred Fifty Dollars ($250.00) and made payable to the Citizen Potawatomi Nation. Said check shall be forwarded to the tribal Sec- retary-Treasurer to be credited against the cost of the recount. The Election Committee shall meet and de- cide within five (5) days of receipt of the notice whether or not such reasons listed in the request are sufficient to

      cause a recount of ballots. If no recount is made, the Two Hundred Fifty Dollars ($250.00) is refunded.

      Section 4-1-189 Run-Off Elections

      A candidate must receive a majority of the votes in or- der to be elected. If the abstract shows that the highest number of votes cast for any one (1) candidate is less than a majority of the votes cast, a run-off election shall be held within sixty (60) days between the two candi- dates receiving the highest number of votes cast in the general election. In the event of a tie vote between the candidates with the second highest number votes cast, three (3) names shall be on the run-off election ballot. The Election Committee shall supervise the run-off election using the same rules and procedures followed in the general election. As soon as some candidate has received a majority of votes in the run-off election, no further run-off elections will be held.

      Section 4-1-190 Retention of Ballots

      Upon completion of the election and announcement of the certified abstract, the Election Committee shall lock all ballots and records in the ballot box and deposit the ballot box in the vault of the designated bank, post office, or other secure area as approved by the Elec- tion Committee, to be held for safekeeping until final certification of the election results and installation of all officers. Only the Chairman of the Election Com- mittee and Secretary of the Election Committee shall have access to these records. After installation of all officers, the Election Committee shall return all ballots and election records to the Tribal Secretary to be placed in permanent confidential tribal records for a period of five (5) years. The documents will not be available for public viewing in order to preserve the confidentiality of the persons voting in the election. From and after the date of final installation of all elected officials and after the five-year period is completed, the Tribal Secretary may remove the election ballots and records, except the final certification of successful candidates and destroy them. The final certification of election results entered by the Election Committee shall not be removed but shall be retained as a permanent public record.

      Section 4-1-191 Election Certification

      The Election Committee shall certify the election re- sults for all uncontested offices immediately after the two (2) working day period for filing an election con- test expires. If an election office is timely contested, then no certificate of election for contested office shall be issued until, if appropriate, after the election contest is finally decided.

      Section 4-1-192 Finality

      The Election Committee’s certification of uncontested election results or the Election Committee’s certifica- tion of the election results following an election contest provided for herein shall be final unappeallable.

      Section 4-1-193 Installment

      In order to provide for an orderly transition of power, all newly-elected officers shown on the certificate of election shall be installed immediately following the election by taking the Oath of Office before any mem- ber of the Citizen Potawatomi Judiciary or the Chair- man of the Citizen Potawatomi Nation or Vice-Chair- man when authorized in writing by the Chairman. The Oath of Office is as follows:

      I, , do solemnly swear that I will sup- port, protect and defend the Constitution and laws of the Citizen Potawatomi Nation, that I will faithfully and impartially carry out the du- ties of my office and represent the interest of the Potawatomi people. These things I will do to the best of my ability so help me God.

      Section 4-1-194 Effect of Installment

      Once an officer is installed, removal is only by im- peachment, recall or some other procedure authorized by the tribal constitution or recount certification.

      Section 4-1-195 Incumbents

      Consistent with Article 12 of the Tribal Constitution, the term of an incumbent office holder shall not expire until installation of his successor.

      Section 4-1-196 Who Can Contest

      Only a candidate for the disputed office may contest the election results for that office.

      Section 4-1-197 Grounds

      Only two (2) grounds may be asserted for contesting an election. The grounds are that the Election Committee erroneously counted or failed to count ballots, which failures were of such a magnitude that:

      1. Either the contestant is entitled to be elected to the office, or

      2. It is impossible to determine with mathematical certainty which candidate is entitled to be elect- ed to the office.

      Section 4-1-198 When to Contest

      Any candidate desiring to contest a tribal election for an office must do so within two (2) business days af-

      ter announcement of the certified abstract of election

      results.

      Section 4-1-199 How To Contest

      A contest can only be initiated by:

      1. Timely filing with the Election Committee a verified statement setting forth the particular grounds for the contest, and

      2. Depositing Two Hundred Fifty Dollars ($250.00) in a guaranteed cashier’s check or an official check with the Election Committee to cover costs of the hearing (if the contest is suc- cessful, the deposit shall be refunded).

      Section 4-1-200 Election Committee Hearing

      The Election Committee shall set a hearing of the con- test no later than fourteen (14) days after the contest is filed. Written notice of such hearing shall be mailed or delivered to each candidate for the office contested. Any party to the election protest and the Election Com- mittee shall have the right to view the election ballots and records in the presence of the Election Committee Chairman in the tribal offices. Any party to the pro- test or a tribal member shall be entitled to copies of the ballots from the Court Clerk upon payment to said clerk of normal and customary charges. Said certified copies shall be received as evidence by the Election Committee in like manner as an original. Alternatively, the Election Committee, upon request of a party or on its own motion, may convene a hearing for any protest- ed election at the Tribal Courthouse, Shawnee Indian Agency, for the purpose of reviewing the election ma- terials. After hearing the proofs and allegations of the contestants, the Election Committee shall make factual findings and one of the following conclusions:

      1. That the contested election should be confirmed,

        or

      2. The contestant should be declared the winner of the election, or

      3. The contested election should be set aside and a new election held.

      Section 4-1-201 Appeal

      Any proper party to an election contest aggrieved by the findings and decisions of the Election Committee may appeal to the Tribal Court by the proper filing of a Quo Warranto action within the time periods estab- lished by this Ordinance.

      Section 4-1-202 Time

      An appeal must be filed within five (5) days of receipt

      of notification of the decision of the Election Commit-

      tee.

      Section 4-1-203 Parties

      The Election Committee and the person whose election is challenged are indispensable parties to the appeal. Any other candidate for that office may intervene. The individual Election Committee members are not nec- essary or proper parties to such action. The tribal at- torney or the designee of the Chairman of the Citizen Potawatomi Nation shall represent the Election Com- mittee, Legislature and/or Executive Officers, under the direction of the Tribal Chairman, and the Court shall expedite such case so as to reach a final decision as soon as is practicable under the circumstances.

      Section 4-1-204 Relief

      The Tribal Court, whose decision is final, may only:

      1. Confirm with Election Committee decision,

      2. Order a new election for the contested office, or

      3. Reverse the Election Committee decision and order the Election Committee to certify the election of the contestant to the office.

      Section 4-1-205 Standard

      Neither the Election Committee nor the Tribal Court shall invalidate any certified abstract of election results and order a new election for an office unless clear and convincing evidence shows that the person receiving the most votes for the contested office as shown on the certified abstract cannot be mathematically determined to be the clear winner.

      Section 4-1-206 General Council Resolutions

      All actions taken with respect to the authority reserved to the Council by the Revised Constitution shall be made by General Council Resolutions and shall not be final until they are voted on in a referendum elec- tion conducted pursuant to Article 13 of the Revised Constitution. The reserved powers of the Council is the authority to approve all actions of the Legislature that result in (a) the appropriation and budgeting of all moneys of the Council held in trust by the Tribe as the proceeds of any claim against the United States, (b) the sale, purchase, mortgaging, or encumbrance of trust lands or interest therein, and (c) the approval of any settlement of treaty claim of the Citizen Potawatomi Nation against the United States.

      Section 4-1-207 Absentee Votes

      All absentee votes shall be handled by the Committee

      in the same manner as that prescribed for casting tribal election ballots. All absentee ballots must be distribut- ed at least twenty (20) days prior to any General Coun- cil Meeting and received by the Election Committee by 10:00 a.m. on the day of any General Council Meeting. These ballots will be received for counting and counted on the day of the General Council Meeting and the re- sults certified to the Legislature. The issues to be voted on must receive a majority vote for adoption. Results of the vote will be published in the tribal newspaper.

      Section 4-1-208 Resolution Preparation

      Preparation of Resolutions for referendum vote shall be by the Legislature or Executive Committee or by provisions provided for under Article X of the Tribal Constitution.

      Section 4-1-209 Election Board

      When a special election is properly called, the Legisla- ture, by resolution, shall establish an independent elec- tion board to conduct the special election.

      Section 4-1-210 Composition

      The independent election board shall have the same composition as that of the Election Committee provid- ed herein.

      Section 4-1-211 Powers of the Election Board

      The independent election board shall have the same powers and duties as set forth herein for the Election Committee and shall have such further powers as are necessary to carry out the duties imposed by the Trib- al Constitution and by-laws. Further, the independent election board will have the power to establish different time periods for filing, challenges, contests and appeals, but shall not have power to change the other substan- tive and procedural rules provided for herein including, by way of example only, the eligibility to vote and the eligibility and qualifications of a candidate.

      Section 4-1-212 Misdemeanor

      In addition to any other penalties (civil or criminal) pro- vided by law, any person willfully violating the duties and obligations imposed by this ordinance is guilty of a misdemeanor and, upon conviction, may be punished up to the maximum allowed for misdemeanors.

      Section 4-1-213 Venue and Jurisdiction

      The venue and jurisdiction for all violations of this Or- dinance is placed exclusively in the Citizen Potawatomi Nation Tribal Courts.

      Section 4-1-214 What Is Quo Warranto

      Quo warranto is the name of the writ by which title to an office is resolved. It is not a substitute for or an al- ternate to the election challenges or appeals provided herein before.

      Section 4-1-215 Who May Seek

      Only a person claiming a better right to the office may bring a quo warranto action.

      Section 4-1-216 Who Is The Proper Party

      Defendant

      The only proper party defendant is the person who holds title to the office.




      CITIZEN POTAWATOMI NATION

      LEGISLATIVE BRANCH

      TITLE 5




      CHAPTER

      1. LEGISLATIVE CODE OF ETHICS

      SECTION

      Conduct

      101

      Disclosure Statement

      102

      Voting Abstention

      103

      Compensation

      104

      Confidential Information

      105

      Improper Influence

      106

      Separation of Funds

      107

      Improper Inducement

      108

  2. RULES FOR THE CITIZEN POTAWATOMI NATION TRIBAL LEGISLATURE

    Notice 101

    Opening 102

    Conduct of Meetings of the Legislature 103

    Legislative Committees 104

    Forms of Legislative Activity 105

    Legislative Participation 106

    Public Viewing 107

  3. LEGISLATIVE IMMUNITY

    Immunity 101

    CHAPTER ONE LEGISLATIVE CODE OF ETHICS

    Section 5-1-101 Conduct

    All members of the Legislature shall conduct them- selves at all times so as to reflect credit upon the Leg- islature, shall obey all rules of the Legislature and shall conform the member’s conduct to this Code of Ethics.

    As amended by Ordinance #08-04 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

    Section 5-1-102 Disclosure Statement

    1. The Office of the Chairman shall accept disclo- sure statements filed by members of the Legis- lature pursuant to this Code of Ethics and shall maintain a file of all disclosure statements that are filed pursuant to this Code. Every member of the Legislature, who is required to file a fi- nancial disclosure statement, within the period prescribed by law, shall file with the Office of the Chairman, a disclosure statement as provid- ed by this Code of Ethics. Each member re- quired to file a financial disclosure statement, within the period and in the manner prescribed by this Code of Ethics, shall receive from the Office of the Chairman the form on which the statement shall be prepared.

    2. In accordance with this Code of Ethics, every member of the Legislature shall disclose the source of any gift or gifts from legislative agent, defined as any individual or entity doing busi- ness or attempting to do business with the Citi- zen Potawatomi Nation, where the value of the gift or gifts aggregate per calendar year exceeds fifty dollars.

As amended by Ordinance #08-04 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-1-103 Voting Abstention

  1. A member who has reason to believe that he or she has a substantial personal interest in legis- lation may request permission of the chair to abstain from voting on the legislation and may site the member’s reason for the request. The request shall be granted by the chair or Legis- lature.

  2. No member of the Legislature shall knowing- ly vote on any legislation in which the member has a financial interest or a financial interest in the legislative agent or employer that is actively

    advocating on that legislation. Financial inter- est means in interest distinct from that of the general public, including, but not limited to, an interest held by an individual, the individual’s spouse or dependent children which is:

    1. An ownership interest in a business;

    2. A creditor interest in an insolvent business;

    3. An employment or prospective employment for which negotiations have begun;

    4. An ownership interest in real or personal property;

    5. A loan or other debtor interest;

    6. A directorship or officership in a business;

    7. A business associate;

    8. A person who is hired under contract to per- form certain services, and such position in- volves a substantial and material exercise of administrative discretion in the formulation of public policy.

As amended by Ordinance #08-04 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-1-104 Compensation

  1. Except as provided in this Code of Ethics, no person elected to the Legislature shall receive or agree to receive, directly or indirectly, com- pensation for any service rendered or to be rendered by the person personally in any case, proceeding, application or other matter that is before the Legislature.

  2. No member of the Legislature shall knowing- ly accept from a legislative agent a gift of any amount in the form of cash or the equivalent of cash, or a gift or gifts of any other thing of value where the value of the gift or gifts aggregate per calendar year exceeds two hundred dollars.

  3. Accepting campaign contribution, food or lodg- ing, properly received and reported, shall not be a violation of this Code of Ethics.

As amended by Ordinance #08-04 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-1-105 Confidential Information

No present or former member of the Legislature shall disclose or use for the member’s personal profit, with- out appropriate authorization, any information acquired by the member in the course of the member’s official

duties that has been clearly designated to the member as confidential when such confidential designation is warranted because of the status of the proceedings or the circumstances under which the information was re- ceived and preserving its confidentiality is necessary to the proper conduct of government business. No present or former member of the Legislature shall disclose or use, without appropriate authorization, any information acquired by the member in the course of the member’s official duties that is confidential.

As amended by Ordinance #08-04 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-1-106 Improper Influence

  1. No member of the Legislature shall use or at- tempt to use or authorize the use of the author- ity or influence of the member’s office to se- cure anything of value or the promise or offer of anything of value that is of such a character as to manifest a substantial and improper influence upon the member with respect to the member’s duties.

  2. No member of the Legislature of any legislative agency shall solicit or accept anything of value that is of such a character as to manifest a sub- stantial and improper influence upon the mem- ber with respect to the member’s duties.

  3. No member of the Legislature shall solicit or receive funds from any legislative agent.

  4. In the absence of bribery or another offense or a purpose to defraud, the receipt of campaign contributions on behalf of a member of, or can- didate for, the Legislature does not violate this Code of Ethics if properly reported.

As amended by Ordinance #08-04 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-1-107 Separation of Funds

  1. No member of, or candidate for, the Legislature shall convert, receive or accept for personal of business use anything of value from the mem- ber’s or candidate’s campaign fund except le- gitimate and verifiable prior campaign expenses incurred by the member or candidate;

  2. For purposes of this section, an expense is in- curred whenever a member or candidate has either made payment or is obligated to make payment, as by the use of a credit card or other credit procedure, or by the use of goods or ser- vices received on account.

As amended by Ordinance #08-04 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-1-108 Improper Inducement

If any person attempts to induce a member or employ- ee of or candidate for the Legislature or employee of any legislative agency to violate any provision of this Code of Ethics, the member, employee or candidate shall report the matter to the Chairman of the Citizen Potawatomi Nation and Tribal Attorney.

As amended by Ordinance #08-04 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.


CHAPTER TWO

RULES FOR THE CITIZEN POTAWATOMI NATION TRIBAL LEGISLATURE

Section 5-2-101 Notice

The Chairman or Presiding Officer shall publish notice of meetings on the CPN website as soon as possible prior to a meeting.

As amended by Ordinance #08-05 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-2-102 Opening

  1. The Tribal Legislature shall begin all sessions with a prayer in the Potawatomi Language

  2. The Tribal Legislature shall have a Roll Call by the Secretary-Treasurer. Response is by the word “Shoda” (here), and the count shall be the determination of a quorum.

  3. There shall be a Declaration of a Quorum by the Chairman or Presiding Officer.

As amended by Ordinance #08-05 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-2-103 Conduct of Meetings of the

Legislature

  1. The Chairman of Presiding Officer shall preside in the manner described by the Constitution and consistent with traditional Citizen Potawatomi meeting rules, generally conforming to univer- sal Parliamentary processes.

  2. The Chairman or Presiding Officer shall afford each Tribal Legislator equal opportunity to par- ticipate in the legislative process in an orderly manner. Determination of the order of speakers shall be in the sequence of hand signal requests and verbal recognition by the Chairman or Pre- siding Officer.

  3. The Chairman or Presiding Officer may de- clare a speaker out of order with the admonition “Ayashtuk” (take turns) or “Gahgo” (stop).

  4. The agenda of the meetings shall be prepared by the Secretary at the direction of the Chairman and distributed prior to the meetings.

  5. Points of Order and Calls for the Order of the Day may be afforded precedence of consider- ation in the conduct of meetings by the Chair- man or Presiding Officer. A declaration of an invalid Point of Order or other issue of Order by the Chairman or Presiding Officer may be overridden by unanimous vote of the remaining Members of Legislature.

As amended by Ordinance #08-05 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-2-104 Legislative Committees

  1. Appointments of at least five (5) Members to each Legislative Committees shall be made by the Chairman. Vacant Committee positions shall be filled by the Chairman immediately.

  2. Committee appointments shall contain, as much as possible, equal numbers of Members of the Committee appointments shall contain, as much as possible, equal numbers of Members of the Legislature from Oklahoma and Members of the Legislature from Districts out of Oklahoma, exclusive of the Executive Officers.

  3. Legislative Committees shall be:

    1. Rules and Government – matters relating to District affairs, Redistricting and Ap- portionment, Elections. Enrollment and Removal, Legislative procedural rules and Citizen communication.

    2. Judiciary and Public Safety – matters relat- ing to Police, Tribal Courts, Code Enforce- ment, Emergency response, Vehicle tags, Indian Child Welfare, Family Preservation, Public Safety, Corporate regulation and Uniform Commercial Code.

    3. Health and Human Services – matters re- lating to Housing, Elders, Veterans, Health facilities, Licensing and inspections, the Of- fice of Environmental Health, Environmen- tal Protection, Health Aids and Women’s, Infants’ and Children’s Nutrition.

    4. Natural Resources – matters relating to Ag- riculture, Energy, Utilities, Telecommuni- cations, Facilities, Roads, Construction and Realty management.

    5. Education – matters relating to Child Devel- opment, Scholarship, Higher Education, Job Pride, Vocational Training and Job Place- ment, On-the-Job Training, Endowments and Educational contributions.

    6. Tribal Culture – matters relating to the Her- itage Center, Museums, Heritage Festival, The Gathering of the Nations, Language Preservation, Ceremony, Art, Games and Sport, and NAGPRA.

    7. Economic Development and Commerce

      – matters related to Banking, Tribal enter- prise, Technology development, Insurance and Community Development Corporation.

    8. Appropriations and Budget – all matters re- lating to the assignment and use of Tribal income and debt.

  4. Matters that impact more than one (1) Commit- tee may be assigned to multiple Committees by the Chairman.

As amended by Ordinance #08-05 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-2-105 Forms of Legislative Activity

  1. Committees shall consider all legislation in the form of Bills, each assigned sequential number- ing as scheduled for Committee assignment by the Chairman. Bill numbering shall also contain numerical reference to the affected Tribal Code. Resolution may be assigned directly to the full Legislature without assignment to a Committee at the discretion of the Chairman.

  2. All Bills shall be submitted in draft or concept form to the Legislative Services Department prior to assignment to a Committee for purpos- es of verification of constitutionality, consisten- cy, savings clauses, Code footnoting and avoid- ance of duplication. The Legislative Services Department shall be directed by the Tribal At- torney.

  3. Matters of temporary interest shall be in the form of Resolutions. Matters of continuing or permanent interest shall be in the form of Laws or Ordinances embodied in the Tribal Code.

As amended by Ordinance #08-05 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-2-106 Legislative Participation

  1. Legislators shall be afforded access to and par- ticipation in the meetings of the Tribal Legisla- ture by electronic means if they cannot attend in person.

  2. Committee meetings may be conducted by in- ternet teleconferencing by the majority decision of the members of the Committee.

As amended by Ordinance #08-05 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

Section 5-2-107 Public Viewing

  1. Meetings of the Tribal Legislature shall be broadcast over the internet for the benefit of Citizen Potawatomi Nation citizens.

  2. Matters relating to personnel or other issues of a sensitive nature with potential harm to the Na- tion may be conducted in a confidential manner without public broadcast as determined by the Chairman or Presiding Officer.

As amended by Ordinance #08-05 enacted by the Citi- zen Potawatomi Legislature on April 26, 2008.

CHAPTER THREE LEGISLATIVE IMMUNITY

Section 5-3-101 Immunity

Members of the Tribal Legislature shall be privileged from arrest during legislative sessions and in going to and returning from the same, except for treason, felony or breach of peace; and for any comments, speech or debate in the legislature, which shall not be questioned in any other place.

As amended by Ordinance #09-01 enacted by the Citi- zen Potawatomi Legislature on September 4, 2008.




CITIZEN POTAWATOMI NATION

EXECUTIVE BRANCH

TITLE 6




RESERVED




CITIZEN POTAWATOMI NATION

JUDICIARY AND APPELLATE PROCEDURE

TITLE 7




Chapter Section

Authorization 001

Definitions 002

Territorial Jurisdiction 003

Civil Jurisdiction 004

Criminal Jurisdiction 005

Probate Jurisdiction 006

Juvenile Jurisdiction 007

Law to be Applied 008

Amendments 009

  1. EQUITABLE POWERS

    Citation 101

    Purpose 102

    Equitable Powers Doctrine 103

  2. DISTRICT COURT

    Judges of the District Court 101

    Minimum Qualifications of Judge

    of the District Court 102

    Manner of Selection of Justices and Judges 103

    Term of Office 104

    Oath of Office 105

    Duties and Powers of Judges 106

    Special Appointments 107

    Compensation of Judges 108

    Removal of Judges 109

    Disqualifications, Conflict of Interest 110

    Decisions 111

    Records 112

    Files 113


    Motion Day

    114

    Reserved

    115-119

    Practice Before the Trial Court

    120


  3. SUPREME COURT

    General Provisions 101

    Composition of the Supreme Court 102

    Minimum Qualifications of Justices 103

    Selection of Justices 104

    Term of Office 105

    Oath of Office 106

    Duties and Powers of Justice 107

    Reserved 108

    Compensation of Justices 109

    Removal of Justices 110

    Disqualifications, Conflict of Interest 111

    Decisions 112

    Rules of the Court 113

    Special Appointments 114

    Supreme Court’s Action on Appeals 115

    Terms of the Court 116

    Court Fund 117


  4. COURT CLERK

    Establishment 101

    Clerk to Serve Supreme and District Courts 102 Clerk as Department Director 103

    Powers and Duties 104

    Seal 105

    Certification of True Copies 106

    Courts Always Open 107

    Trials and Hearings – Orders in Chambers 108 Clerk’s Office and Orders by the Clerk 109

    Notice of Orders or Judgments 110

    Books and Records Kept by the Clerk

    And Entries Therein 111

    Stenographic Report or Transcript

    as Evidence 112

    Judgment Docket 113

    Execution Docket 114

    Clerk May Collect Judgment and Costs 115


    Reserved

    116-122

    Clerk to Provide Statistical and Other Information


    123

    Reserved

    124-125


  5. CHIEF OF THE TRIBAL POLICE - PROCESS

    Reserved 101

    Appointment of Substitute for

    Tribal Police Chief 102

    Tribal Police Chief to Indorse Time of

    Receipt on Process 103

    Tribal Police Chief to Execute

    and Return Process 104

    When Baliff or Tribal Police

    Chief May Adjourn Court 105

    Reserved 106

  6. BONDS AND SURETIES

    Justification of Surety 101

    Qualifications of Surety 102

    Real Estate Mortgage as Bond 103

    Valuation of Real Estate 104

    False Valuation - Penalty 105

    Action by Tribal Department - No

    Bond Required 106

    Appearance Bond - Enforcement 107

  7. MISCELLANEOUS

    Deputy May Perform Official Duties 101

    Affirmation 102

    Publications in “Patent Insides” 103

    Action on Official Bond 104

    May Be Several Actions on Same Security 105

    Immaterial Errors to be Disregarded 106

    Payments Into Court for Minors

    and Incompetents 107

    Conserving Moneys Obtained for

    Minors or Incompetent Persons 108

    Sharing of Judicial Officers 109

    Sharing of Other Judicial Personnel 110

    Sharing of Material Resources 111

    Sharing of Financial Resources 112

    Indians Employed in the Indian Services 113

    Copies of Laws 114

    Co-operation by Federal Employees 115

    Effect of Prior Decisions of the Court 116

    Judicial Review of legislative and

    Executive Actions 117

    Action When No Procedure Provided 118


  8. APPELLATE PROCEDURE

    Scope and Applicability of Rules 001

    Suspension and Revision of Rules 002

    Discretionary Authority 003

    Authority 004

    SECTION ONE

    APPEALS FROM JUDGMENTS AND ORDES OF THE TRIBAL COURT

    Appeal as of Right – How Taken 101

    Appeal as of Right – When Taken 102

    Interlocutory Appeals in Civil Actions 103

    Interlocutory Appeals in Criminal Action 104

    Appeals by the Tribe in Criminal Action 105

    Bond For Costs on Appeal in Civil Cases 106

    Stay or Injunction Pending Appeal 107

    Release in Criminal Cases 108

    The Record on Appeal 109

    Transmission of Record` 110

    Docketing the Appeal; Filing the Record 111

    SECTION TWO HABEAS CORPUS

    Habeas Corpus Proceedings 201

    Transfer of Custody Pending Review 202

    Detention or Release Pending Review of Decision Failing to Release 203

    Detention or Release Pending Review of Decision Ordering Release 204

    Modification of Initial Order

    Respecting Custody 205


    SECTION THREE

    PROCEEDINGS IN FORMA PAUPERIS

    Leave From Tribal District Court to

    Proceed To Supreme Court 301

    Special Rule for Parties Previously Granted. Permission to Proceed in Forma Pauperis 302

    Remedy for Denial of Motion by

    Tribal District Court 303

    SECTION FOUR GENERAL PROVISIONS

    Filing and Service 401

    Service of All Papers Required 402

    Manner of Service 403

    Proof of Service 404

    Computation of Time 405

    Enlargement of Time 406

    Additional Time after Service by Mail 407

    SECTION FIVE MOTIONS AND BRIEFS

    Content, Response, and Reply to Motions 501

    Determination of Motions for

    Procedural Orders 502

    Power of a Single Judge to

    Entertain Motions 503

    Form of Papers; Number of Copies 504

    Brief of Appellant 505

    Brief of Appellee 506

    Reply Brief 507

    References in Briefs to Parties 508

    References in Briefs to the

    Record and Statutes 509

    Length of Briefs 510

    Briefs in Cases Involving Cross Appeals 511

    Briefs and Cases Involving

    Multiple Appellants Or Appellees 512

    Citation of Supplemental Authorities 513

    Brief of an Amicus Curiae 514

    Appendix to the Briefs 515

    Time for Filing and Service of Briefs 516

    Number of Copies to be Filed and Served 517

    Consequence of Failure to File Briefs 518

    Form of Briefs, the Appendix

    and Other Papers 519

    Form of Other Papers 520

    SECTION SIX ARGUMENT

    Prehearing Conference 601

    Oral Argument in General 602

    Notice of Argument; Postponement 603

    Order and Content of Argument 604

    Cross and Separate Appeals 605

    Non-appearance of Parties 606

    Submission on the Briefs 607

    Use of Physical Exhibits at

    Argument; Removal 608

    When Hearing or Rehearing En

    Banc Will Be Ordered 609

    Suggestion of a Party for Hearing

    or Rehearing En Banc 610

    Time for Suggestion of a Party for

    Hearing or Rehearing En Banc; Suggestion Does Not Stay Mandate 611

    SECTION SEVEN JUDGMENT

    Entry of Judgment 701

    Interest on Judgments 702

    Damages for Delay 703

    To Whom Costs Allowed 704

    Costs For or Against the Tribe 705

    Costs of Briefs, Appendices and

    Copies of Records 706

    Bill of Costs; Objections; Costs Inserted

    in Mandate Or Added Later 707

    Costs on Appeal Taxable in the

    Tribal District Court 708

    Petition for Rehearing 709

    Issuance of Mandate 710

    Voluntary Dismissal 711

    Substitution of Parties 712

    Cases Involving Constitutional or

    Indian Civil Rights Act; Questions Where

    the Tribe is Not a Party 713

    PREFACE

    Section 7-0-001. Authorization

    There is hereby established, ordained and activated pursuant to the Constitution of the Tribe A Judicial Branch of the Government with a lower Court known as the District Court and an upper Court known as the Supreme Court

    Section 7-0-002. Definitions

    The following words have the meanings given below when used in this Act, unless a different meaning is ob- vious from the context:

    1. “Clerk” shall mean the Clerk of the Court.

    2. “Code: shall mean the Statutory laws of the Tribe.

    3. “Constitution” shall mean the Constitution of the Tribe.

    4. “District Court” shall mean the lower or general trial Court operating within the jurisdiction of the Tribe.

    5. “Jurisdiction” shall mean the jurisdiction as es- tablished by the Tribal Court.

    6. “Supreme Court” shall mean the Court to which appeals may be taken from the District Court. The judicial decisions of the Supreme Court are final and are not subject to further appeal.

Section 7-0-003. Territorial Jurisdiction

The Territorial Jurisdiction of the Courts shall extend to all territory described as Indian Country within the meaning of Section 1151 of Title 18 of the United States Code over which the Tribe has authority, includ- ing tribal or individual, trust, non-trust and restricted land, and including all land owned by tribal agencies in their own name, all waters, minerals and wildlife, and any other such land, or interest in land, which may be subsequently acquired by virtue of Executive Order, a declaration or regulation of the United States Depart- ment of Interior, a declaration or order of a Court of competent jurisdiction, by purchase, gift, relinquish- ment, or by any other lawful means.

Section 7-0-004. Civil Jurisdiction

The Courts shall have general civil jurisdiction over all civil actions arising under the constitution, laws, or treaties of the Tribe including the tribal common law, over all general civil claims which arise within the trib- al jurisdiction, and over all transitory claims in which the defendant may be served within the tribal jurisdic-

tion. Personal jurisdiction shall exist over all defen- dants served within the territorial jurisdiction of the Court, or served anywhere consistent with tribal law, and all persons consenting to such jurisdiction. The act of entry within the territorial jurisdiction of the Court shall be considered consent to the jurisdiction of the court with respect to any civil action arising out of such entry. The act of entry upon the territorial jurisdiction by an extraterritorial seller, merchant or their agent(s) shall be considered consent by the seller or merchant to the jurisdiction of this Court for any dispute arising out of any sale or commercial transaction regardless of where the sale or transaction was entered into or took place.

Section 7-0-005. Criminal Jurisdiction

The Courts shall have original jurisdiction over all criminal offenses enumerated and defined in any ordi- nance adopted by the Tribe insofar as not prohibited by federal law.

Section 7-0-006. Probate Jurisdiction

To the extent permitted by federal law the Courts shall have probate jurisdiction over all the real and personal property located within the jurisdiction of the Court at the time of death, and the personal property, wherev- er located, of any person who is domiciled within the boundaries of the jurisdiction of the Court at the time of death.

Section 7-0-007. Juvenile Jurisdiction

The Juvenile Division of the District Court shall have exclusive original jurisdiction in all proceedings and matters affecting dependent or neglected children, chil- dren in need of supervision, or children under the age of eighteen (18) accused of crime, when such children are found within the jurisdiction of the Court, or when jurisdiction is transferred to the Court. The Supreme Court shall hear appeals in juvenile cases as in other civil actions.

Section 7-0-008. Law to be Applied

The Courts shall apply the Tribal Constitution, and the provisions of all statutory law. In matters not covered by Tribal Statute, the Court shall apply traditional tribal customs and usages, which shall be called the Com- mon Law. When in doubt as to the Tribal Common Law, the Court may request the advice of counselors and tribal elders. In any dispute not covered by the Tribal Constitution, Tribal Statute, or Tribal Common Law, the Court may apply any laws of the United States

or any State which would be cognizable in the courts of general jurisdiction therein, and any regulation of the Department of Interior which may be of general or spe- cific applicability.

The Courts shall apply the Tribal Constitution, and the provisions of all statutory law. In matters not covered by Tribal Statute, the Court shall apply traditional tribal customs and usages, which shall be called the Common Law. When in doubt as to the Tribal Common Law, the Court may request the advice of counselors and tribal elders. In any dispute not covered by the Tribal Con- stitution, Tribal Statute, or Tribal Common Law, the Court may apply any laws of the United States or any State which would be cognizable in the courts of gen- eral jurisdiction therein, and any regulation of the De- partment of Interior which may be of general or specific applicability.


The order of precedence in which the Courts shall apply the law is as follows:

  1. the Tribal Constitution,

  2. Tribal Statute,

  3. Tribal traditional custom and usage

    (Common Law),

  4. Federal law,

  5. State laws applicable to tribal sovereign land under the Major Crimes Act,

  6. delegations of regulatory authority by Federal Statute.

The Tribal Courts may request the counsel of Tribal Elders and Counselors as well as consider any prec- edents established under State Courts and State Law. The laws of the United States as interpreted by the United States Supreme Court are binding and en- forceable in Tribal Court. Federal law that has been interpreted by the lower federal courts that is in con- flict with tribal statute and the rulings of other lower federal courts may be considered by the Tribal Court in a manner most beneficial to the Citizen Potawatomi Nation (Most Favorable Precedent).

The Indian Civil Rights Act of 1968, 25 U.S.C. §§ 1301 et seq., provides that no Indian Tribe exercising powers of self-government shall fail to provide certain guarantees contained in the United States Constitution, including, but not limited to, the right of free exercise of religion, the right of freedom of speech, assembly, and petition, the right to equal protection of the laws,

and the right against deprivation of liberty or property without due process of law. These guarantees are also enshrined in Article 16 of the Citizen Potawatomi Na- tion Constitution. The Citizen Potawatomi Nation Code shall be construed by the Courts to provide the guaran- tees identified in the Indian Civil Rights Act, as defined by the United States Supreme Court.


Enacted by Ordinance #17-06 by the Citizen Potawatomi Legislature on December 8, 2016.


Section 7-0-009. Amendments

The Tribal Legislative Body shall have the authority to alter, amend, or repeal any of this Act.


CHAPTER ONE EQUITABLE POWERS DOCTRINE

Section 7-1-101. Citation

This chapter may be cited as Defining the Existing Eq- uitable Powers Doctrine of the Citizen Potawatomi Na- tion Tribal Court.

Section 7-1-102. Purpose

The Citizen Potawatomi Nation recognizes that the Tribal Court has had equitable powers to enforce its or- ders from inception, and to cite persons for both direct and indirect contempt of court. Indirect contempt of court consists of a willful disobedience of any process or order lawfully issued or made by court; and/or resis- tance willfully offered by any person to the execution of a lawful order or process of a court.

Section 7-1-103. Equitable Powers Doctrine

The Court is vested and has been vested with the pow- er and authority, in a civil matter properly before the Court, to cite an individual for indirect contempt when they fail to execute, follow or obey an Order of the Court concerning payment, action or any inaction as re- quired by Court Order regardless of the physical loca- tion of such acts. The respondent to a citation for con- tempt shall be entitled to a show cause hearing within ten (10) days of the issuance of a citation, at which time they will be advised of their rights and a plea taken. Upon a guilty plea the Court may proceed with sentenc- ing as appropriate in the discretion of the Court, limited to Five Thousand Dollars ($5,000.00) and/or a year in prison.

CHAPTER TWO DISTRICT COURT

Section 7-2-101. Judges of the District Court

The District Court shall consist of the Chief Judge, and such District Judges, and Special Judges as may be ap- pointed.

Section 7-2-102. Minimum Qualifications of Judge of the District Court

A Judge shall:

  1. Be either:

    1. An enrolled member of the Tribe, or

    2. The parent, child, or spouse of an enrolled member of the Tribe, or

    3. Domiciled within the territorial jurisdiction of the Tribe, or

    4. An attorney, or

    5. A lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of five years, or

    6. An Indian graduate of an American Bar As- sociation approved Law School, or a Para- legal program approved by the Supreme Court; and

  2. Have demonstrated moral integrity and fairness in his business, public and private life, and

  3. Have never been convicted of a felony or an offense punishable by banishment, whether or not actually imprisoned or banished, and have not been convicted of any offense, except traffic offenses, for a period of two years next preced- ing his appointment. The two year period shall begin to run from the date the person was un- conditionally released from supervision.

  4. Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents.

  5. Be older than twenty-five (25).

  6. Not be the holder of any other elective Trib- al Office, provided, that the holder of elective Tribal Office, may be confirmed upon their res- ignation.

  7. if less than fifty (50), have completed at least thirty (30) semester credit hours at an accred- ited college or university, or at least two years

of previous experience as a Judicial Officer for some recognized Court.

Section 7-2-103. Manner of Selection of Justices

and Judges

Justices and Judges of the Tribe shall be nominated by the Chief Executive Officer and confirmed by the Tribal Legislative Body upon a vacancy occurring in a judicial office in the following manner:

  1. Within thirty days after a vacancy the Chief Executive Officer shall cause a notice of the vacancy to be published once in the Tribal newspaper and once each week for two (2) con- secutive weeks in a newspaper of general cir- culation in the tribal jurisdiction. Copies of the notice shall be posted at the Tribal Office, and such other places as the Chief Executive Officer shall direct. The notice shall direct that inqui- ries, nominations and applications be directed to the Tribal Secretary who shall keep a perma- nent record of responses.

  2. No sooner than twenty (20), nor more than thir- ty (30) days after the last required notice, the Secretary shall deliver the names and files of all persons nominated or applying to Chief Execu- tive Officer, who shall select no more than three qualified candidates for each vacancy and place the candidate(s) on the agenda of the next reg- ular or special meeting of the Tribal Legislative Committee.

  3. The Tribal Legislative Body shall review the nominees, and may interview nominees. The Tribal Legislative Body shall give preference to candidates who:

    1. have more formal education and experience in the legal field.

    2. by written examination conducted by the Supreme Court or by interview have shown that they are familiar with the Constitution, Code and Common laws of the Tribe.

    3. have demonstrated decision making ability.

    4. agree to participate in a program of study provided by the Tribal Court Administra- tion which reviews concepts of Tribal Sov- ereignty and United States, State and Tribal Court precedents.

  4. If the nominee is confirmed by the Tribal Legis- lative Body, the nominee shall be sworn by the

    Chief Justice, or the next available Justice.

  5. If the nominee(s) is not confirmed, the Chief Executive Officer may either republish the no- tice, or reconsider the candidates. Nomination - Legislative confirmation process shall continue until some nominee be confirmed.

  6. Upon the expiration of a judicial term of office, the Judicial Officer is entitled upon request, filed with the Secretary not less than 150 days prior to the expiration of his term to be considered for confirmation to a new term at the next meet- ing of the Tribal Legislature at which a quorum is present. If the Legislature, a quorum being present, does not confirm the outgoing officer, it shall declare and direct the Chief Executive Officer to begin the selection process. The out- going Judicial Officer’s term shall expire upon confirmation of the new Justice or Judge.

Each person appointed to Tribal Judicial Office by the Tribal Legislature must furnish a standard form of con- sent before the Appointment is confirmed by the Coun- cil of the Citizen Potawatomi Nation by majority vote in a General or Special Election held for that purpose. To wit:

JUDICIAL APPOINTMENT CONSENT FORM

“I, (Appointee’s Name) do hereby accept ap-

pointment by the Tribal Legislature of the Cit- izen Potawatomi Nation to the office of (Su- preme Court Justice or District Court Judge) for a term of (number of)_ years and consent to confirmation of this appointment by the Citizen Potawatomi Nation Indian Council in a Tribal Election.”

Signed: Name: Date:

This form must be filed with the Tribal Secretary by either facsimile or letter no later than one hundred and fifty (150) days prior to a regular election or sixth (60) days prior to a special election.

As amended by Ordinance #10-02 enacted by the Citi- zen Potawatomi Legislature on January 13, 2010.

Section 7-2-104. Term of Office

All Judges of the District Court shall serve six (6) year terms of office beginning from the date of their con- firmation and until their successors take office, unless removed for cause, or by death or resignation.

Section 7-2-105. Oath of Office

Before assuming office each Judge, and Special Judge, shall take an oath to support and protect the Constitu- tion of the Tribe and to administer justice in all causes coming before him with integrity and fairness, without regard to the persons before him to be administered by the Chief Justice or the next ranking available Justice of the Supreme Court as soon after confirmation as may be practical.

Section 7-2-106. Duties and Powers of Judges

All Judges of the District Court, and Special Judges shall have the duty and power to conduct all court pro- ceedings, and issue all orders and papers. In doing so the Court shall:

  1. Be responsible for creating and maintaining rules of the Court, not in conflict with the Tribal Code or the Rules of the Supreme Court regu- lating conduct in the District Court. Such rules must be filed in the office of the Tribal Secretary and the District Court Clerk before becoming effective.

  2. Hold Court regularly at designated time and place.

  3. Have the power to administer oaths, conduct hearings, and otherwise undertake all duties and exercise all authority of a judicial officer under the law.

  4. Hear and decide all cases.

  5. Enter all appropriate orders and judgments.

  6. Issue all appropriate warrants and subpoenas.

  7. Keep all Court and other records as may be re- quired.

  8. Perform the duties of the Clerk in their absence.

  9. Subject to the confirmation of the Supreme Court, to appoint such Magistrates as may be necessary for the convenient functioning of the Court. These Magistrates shall have the authority to issue arrest and search warrants, search warrants for the protection of children, emergency custody orders in children’s cases, temporary commitments of persons accused of offenses, to conduct arraignments in crimi- nal or juvenile delinquency cases, and to act on such ex parte, summary, or other matters a may be determined by Rule of the Supreme Court. Magistrates shall meet the minimum qualifica-

    tions for Judges of the District Court except that Section 102 (a) and (g) shall not apply.

  10. Unless a coroner is appointed in any Judge des- ignated by the Chief Judge shall have the au- thority to perform the duties of a coroner.

Section 7-2-107. Special Appointments

Whenever, due to any cause an additional Judicial Of- ficer is needed, the Supreme Court may designate by Court Order Justices to sit or may make special ap- pointments to act as a Special Judge to hear specific named cases. No special procedure need be followed and Special Judges need not meet the qualifications of Section 102 (a) or (g) of this Act. Whenever a Justice of the Supreme Court sits on the trial panel, that Jus- tice may not participate in any appeal of the case to the Supreme Court. Special Judges may be compensated from the Court fund.

Section 7-2-108. Compensation of Judges

  1. The compensation of all Judges of the District Court shall be set by appropriate legislation of the Tribal Legislative Body. No Judge shall have his compensation reduced during his term of office, except that if funds be unavailable for appropriation, the compensation of all judicial officers may be reduced proportionally.

  2. Subsection (A) above shall not apply to Special Judges. The compensation of all shall be set by the Court Administrator.

Section 7-2-109. Removal of Judges

The Judges of the District Court shall be removed only for cause by the Tribal Legislative Body upon the rec- ommendation of the Supreme Court. Neither the Su- preme Court, nor the Tribal Legislative Body may re- move a Judge of the District Court independently, but the Supreme Court must first recommend the removal, and the Tribal Legislative Body must then concur. The term “cause” shall include any reason sufficient for dis- barment of an Attorney from the Bar of the Supreme Court, or a violation of the Canons of Judicial Ethics promulgated by the American Bar Association.

Section 7-2-110. Disqualifications, Conflict of

Interest

  1. No Judge shall hear any case when he has a di- rect financial, personal or other interest in the outcome of such case or is related by blood or marriage to one or both of the parties as: husband; wife; son; daughter; father; mother;

    brother; sister; grandfather; grandmother; or any other legal dependant. A Judge should at- tempt to prevent even the appearance of partial- ity or impropriety.

  2. A party of interest or the Judge may raise the question of conflict of interest. Upon a decision by the Judge concerned or the Supreme Court that disqualification is appropriate, another Judge shall be assigned.

  3. Any Judge disqualified because he is related to one of the parties enumerated in subsection (a) may hear a case if all parties are informed of the relationship in open Court and of their right to have a different Judge, and consent to fur- ther action by that Judge upon the record, or in a writing filed in the record.

Section 7-2-111. Decisions

  1. Decisions of the District Court at trial may be recorded on a form approved by the Supreme Court or written findings of fact and conclusions of law. The form shall provide for recording the date of the decision, the case number, the names of all parties, the substance of the complaint, the relevant facts found by the Court to be true, the Court’s decision, and the conclusions of law supporting the Court’s decision.

  2. The decision form or the written findings of fact and conclusions of law may be placed in the case file.

Section 7-2-112. Records

The District Court shall be a Court of Record. To pre- serve such records:

  1. In all Court proceedings, the Clerk shall record the proceedings by electronic or stenograph- ic means. The recording shall be identified by case number and kept for five (5) years for use in appeals or collateral proceedings. At the close of each hearing, or as specified, the Re- porter shall make a recording upon the request of any party or the Court as a permanent part of the case record.

  2. To preserve the integrity of the electronic re- cord, the Clerk shall store the recording in a safe place and release it only to relevant Court or pursuant to an Order.

  3. The Clerk shall keep in a file bearing the case

    name and number every written document filed in the case.

  4. All Court records shall be public records except as otherwise provided by law.

  5. After five (5) years, court records except judg- ments, appearance, and other dockets may be reproduced on computer disk, microfilm, or microfiche or similar space saving record keep- ing methods, provided, that at least one (1) hard copy, including microfilm or microfiche, of electronically stored data shall be kept at all times.

  6. The Supreme Court shall provide for the publi- cation in books or similar reporters of all of its decisions and opinions in cases before it, and the opinions and decisions of the District Court which would be useful to the Bar of the Court and public.

Section 7-2-113. Files

  1. Except as otherwise provided by law, as in juve- nile cases, Court files are generally open to the public. Any person may inspect the records of a case and obtain copies of documents contained therein during normal business hours.

  2. Any persons desiring to inspect the records of a case or obtain copies may inspect such files only during the ordinary working hours of the Clerk, and in their presence. Under no circum- stances shall anyone, except a Judge or Clerk taking a file to a Judge or courtroom, take a file from the Clerk’s office.

  3. A copy of any document may be obtained from the Clerk for a reasonable copy fee, to be set by the Court Administrator. The Clerk is hereby authorized to certify that such copies are accu- rate reproductions of those documents on file. The Supreme Court by rule may provide for such certification.

Section 7-2-114. Motion Day

Unless impractical, the District Court shall establish regular times and places, at which motions requiring notice and hearing may be heard. The Judge at any time or place may make orders for the advancement, conduct, and hearing of actions. The Court may make provision by rule or order for the submission and de- termination of motions without oral hearing upon brief written statements of reasons in support and opposition.

Section 7-2-115 through 7-2-119 Reserved Section 7-2-120. Practice Before the Trial Court

  1. No person shall be denied the right to have a member of the Bar of the Court represent him and present his case before the Courts.

  2. The Supreme Court, after conferring with the District Court, shall make rules which shall govern who may practice before the District Court and the Supreme Court. Such rules shall be filed in the office of the Tribal Secretary and the office of the Clerk of the Supreme and Dis- trict Courts.


CHAPTER THREE SUPREME COURT

Section 7-3-101. General Provisions

The Supreme Court may hear appeals resulting from all final orders or judgments rendered by the District Court, appeals of other orders of the District Court sub- ject to interlocutory appeal by law, and original actions as may be provided by tribal law, and shall render its decision in writing to the parties of interest, file a copy thereof in the Supreme Court Clerk’s office and, at the time of filing, submit a copy to the official reporter of the decisions of the Court. The decision of the Supreme Court shall be final and binding.

Section 7-3-102. Composition of the Supreme

Court

The Supreme Court shall consist of one (1) Chief Jus- tice, and six (6) Associate Justices.

Section 7-3-103. Minimum Qualifications of

Justices

To be eligible for selection or confirmation as a Justice of the Supreme Court, a person shall:

  1. Be either

    1. An enrolled member of the Tribe, or

    2. The parent, child, or spouse of an enrolled member of the Tribe, or

    3. Actually domiciled within the territorial ju- risdiction of the Tribe, or

    4. An attorney, or

    5. A lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of seven years, or

    6. An Indian graduate of an American Bar As-

      sociation approved Law School, or a Para- legal program approved by the Supreme Court; and

  2. Have demonstrated moral integrity and fairness in his business, public and private life. Agree to participate in a program of study provided by the Tribal Court Administrator which re- view concepts of Tribal Sovereignty and United States, State and Tribal Court precedents, and

  3. Have never been convicted of a felony or an offense punishable by banishment or involving moral turpitude, whether or not actually impris- oned or banished, and have not been convicted of any offense, except traffic offenses, for a pe- riod of five years next preceding his appoint- ment. The five year period shall begin to run from the date the person was unconditionally released from supervision of any sort as a result of a conviction.

  4. Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents.

  5. Be not less than thirty (30) years of age.

  6. Not be a member of the Tribal Legislative Body, or the holder of any other elective Tribal Office of this Tribe, provided, that a candidate who is a member of the Tribal Legislative Body, or the holder of some other elective Tribal Office, may be confirmed as a Justice subject to his resigna- tion. Upon resignation from his office, he may be sworn in as and assume the duties of judicial office.

  7. If less than fifty (50) years of age, have com- pleted at least sixty (60) semester credit hours at an accredited college or university, or at least four years of previous experience as a Judicial Officer for some recognized Court.

Section 7-3-104. Selection of Justices

Justices shall be selected in accordance with the provi- sions above.

Section 7-3-105. Term of Office

All Justices of the Supreme Court shall serve six (6) year terms of office beginning from the date of their confirmation and until their successors take office, un- less removed for cause, or death or resignation. The first appointment of Justices hereunder shall be for terms which may vary in order to provide for staggered terms of office.

  1. The Tribal Judicial Offices of the District Court shall be designated and numbered as follows:

    1. The Office currently held by Chief District Judge shall be named Chief Judge #1.

    2. Associate District Judge #1.

    3. Associate District Judge #2.

  2. The Tribal Judicial Offices of the Supreme Court shall be designated and numbered as fol- lows:

    1. The Office of Chief Justice of the Supreme Court shall be named Supreme Court Jus- tice #1.

    2. Associate Justice #2.

    3. Associate Justice #3.

    4. Associate Justice #4.

    5. Associate Justice #5.

    6. Associate Justice #6.

    7. Associate Justice #7.

As amended by Ordinance #10-02 enacted by the Citi- zen Potawatomi Legislature on January 13, 2010.

Section 7-3-106. Oath of Office

Before assuming office each Justice shall take an oath to support and protect the Constitution of the Tribe and to administer justice in all causes coming before them with integrity and fairness, without regard to the per- sons to be administered by the Chief Justice, the Chief Executive Officer or the available Justice of the Court.

Section 7-3-107. Duties and Powers of Justices

All Justices of the Supreme Court, unless disqualified for conflict of interest of other cause, shall participate in the deliberation of that body and shall have the duty and power to conduct all Court proceedings, and issue all orders and papers. In doing so the Supreme Court shall:

  1. Be responsible for creating and maintaining rules of the Court, not contrary to the Tribal Constitution or Code, regulating conduct in the Supreme and District Courts to provide for the orderly and efficient administration of justice. Such rules shall determine, where not otherwise provided by law, what actions may be taken by a single Justice of the Court, and shall be filed with the Clerk of the Court, and:

  2. Hear appeals from the District Court.

  3. Enter all appropriate orders and judgments.

  4. Keep all appropriate records.

  5. Perform any and all duties as may be required for the operation of the Supreme Court and the District Court.

  6. Supervise the actions of the District Court and all Clerks, Bailiffs, and other officers of the Courts.

  7. Perform any of the duties and powers of a Dis- trict Judge in appropriate cases.

Section 7-3-108. Reserved

Section 7-3-109. Compensation of Justices

The compensation of all Justices of the Supreme Court shall be set by legislation of the Tribal Legislative Body. No Justice shall have his compensation reduced during his term of office, except the compensation of all judicial officers may be reduced proportionally.

Section 7-3-110. Removal of Justices

Justices of the Supreme Court may not be removed from office except upon final conviction of a felony, or an offense punishable by banishment, or an offense involving moral turpitude, in which case the Supreme Court shall enter its order disbarring and expelling such Justice from the Court and declaring that Judicial Of- fice vacant.

Section 7-3-111. Disqualifications, Conflict of

Interest

  1. No Justice shall hear any case when he has a direct financial, personal, or other interest in the outcome of such case or is related by blood or marriage to one or both of the parties as: hus- band, wife, son, daughter, father, mother, broth- er, sister, grandfather, grandmother, or any oth- er legal dependent. A Justice should attempt to prevent even the appearance of partiality or impropriety.

  2. A party in interest or the Justice may raise the question of conflict of interest. Upon decision by the Justice concerned or the Supreme Court that disqualification is appropriate, a Judge, or Special Justice may be appointed to sit on the Supreme Court to hear the matter.

  3. Any Justice related to one of the parties enu- merated in Subsection (a) may hear a case if all parties are informed of the relationship on the record and of their right to have the interested

Justice disqualified and consent in writing or upon the record to the conflict of interest. Nor- mally, the Justice knowing of the conflict should file an order recusing from the action and stating the relationship. If the parties consent to that Justice hearing the action, they should file their consent for the Justice to continue in the cause. If all parties file such consents, the Justice may then enter his order withdrawing the recusation on grounds of the consents filed. A consent to the withdrawal of a Justices recusation may not be withdrawn.

Section 7-3-112. Decisions

  1. All decisions and opinions of the Supreme Court shall be rendered in writing to the parties, the District Court in appeal cases, filed in the Supreme Court Clerk’s office and recorded on a form approved by the Supreme Court. The form shall provide for recording the date of the decision or opinion, the case number, the names of the parties, the issues presented of appeal or the substance of the complaint in an action within the Court’s original jurisdiction, the rel- evant facts upon which the decision was made or found by the Court to be true in an original action, the Court’s decision, and the legal prin- cipals and reasoning supporting the Court’s de- cision. A written Court opinion containing the above information may be filed by the majority or dissent in lieu of the form.

  2. Each Justice shall record in writing his deci- sion, or the fact of his not participating when he is disqualified, on each case decided by the Supreme Court as part of the permanent record.

  3. The decision form or Court opinion shall be placed in the file of the case on appeal as an official document of the case.

Section 7-3-113. Rules of the Court

  1. The Supreme Court shall establish rules con- cerning the administration of the Courts and conduct in the Supreme Courts not inconsistent with Tribal Ordinance or the Tribal Constitu- tion. Such rules shall govern the conduct, de- meanor, and decorum of those in the Court as well as the form and filing of appeals, briefs, pleadings, and other matters which will make the Court function efficiently.

  2. The Rules shall be filed in the Court Clerk’s of- fice.

  3. The Court may require the observance of its Rules as a prerequisite before taking any action in a matter.

Section 7-3-114. Special Appointments

Whenever, due to vacancies for any cause three (3) Jus- tices cannot be convened, the Court, including any dis- qualified Justices, may designate Judges of the District Court, not having tried the case, or some member of the Bar to sit as a special Justice for purposes of the appeal or original action, or request the Chairman with Tribal Legislative Body concurrence to make special appoint- ments to hear specific named cases, or cases filed pri- or to the date three (3) Justices can be convened. No special procedure need be followed and special Justices need not meet the qualifications above.

Section 7-3-115. Supreme Court’s Action on Appeals

In any appeal, the Supreme Court shall have full au- thority to affirm, reverse, modify, or vacate any action of the District Court or other entity from whom the ap- peal is taken, and may enter such order as is just or remand for the entry of a specified judgment, a new trial, or for further action in accordance with opinion or instructions.

Section 7-3-116. Terms of the Court

The regular term of the Court shall commence on the first Monday in October of each year, and upon that date the Supreme Court shall convene or meet by elec- tronic means for the purpose of disposing of the actions and other business. The term shall continue until such time as the Court determines the term is declared com- pleted. Special terms may be convened upon the call of the Chief Justice for dispensing with pressing matters which may not be justly delayed until the regular term.

Section 7-3-117. Court Fund

There is hereby authorized to be maintained by the Clerk under the supervision of the Court, a “Fund” into which shall be deposited all fines, fees, penalties, costs, and other monies authorized or required to be paid to the Courts which are not distributed. These funds shall be used exclusively for the purchase of supplies, materials, and personal property for the

use of the Courts, the maintenance of the Court law library, and such other applications as shall be specif- ically authorized by law. The Court Fund shall not be used for the payment of salaries.

CHAPTER FOUR COURT CLERK

Section 7-4-101. Establishment

There is hereby established a Court Clerk’s Office to be administered by one (1) Court Clerk and Deputy Court Clerks. The Court Clerk shall be selected by Court Ad- ministrator, and Deputy Court Clerks shall be appoint- ed by the Court Clerk and Court Administrator.

Section 7-4-102. Clerk to Serve Supreme and District Courts

The Court Clerk shall serve as the Clerk of the Supreme Court and the Clerk of the District Court. When serv- ing the Supreme Court, the Clerk’s title shall be “Clerk of the District Court”.

Section 7-4-103. Clerk as Department Director

The Court Clerk is a supervisory administrative posi- tion of the Judicial Branch of the Government of the Tribe with the same rank as Department Director. The Court Clerk shall be charged with the preparation of Court budgets, the acquisition of necessary supplies, the maintenance and upkeep of the Court’s law library, the custody upkeep and maintenance of the record, pa- pers, effects, and property of the Court and such other matters as shall be assigned to the Clerk.

Section 7-4-104. Powers and Duties

The Court Clerk shall have the following powers and duties:

  1. To undertake all duties and functions otherwise authorized by law, or necessary and proper to the exercise of the office.

  2. To supervise and direct the hiring, firing, and work of all deputy court clerks and other em- ployees.

  3. To collect all fines, fees, and costs paid to the Courts, to receipt, and to deliver them to the Tribal Treasurer for deposit.

  4. To accept, when ordered, monies for the pay- ment of civil judgments and to pay to the par- ty entitled to them. The Clerk is authorized to maintain a bank checking account.

  5. To administer oaths, issue summons and sub- poenas, certify a true copy of Court records, and to accurately keep each and every record of the Supreme and District Court.

  6. To provide an accurate and complete record all proceedings of the Courts.

  7. To provide stenographic and clerical services to the Court.

  8. To keep and maintain the Court’s law library.

  9. To undertake all duties assigned or delegated to the Clerk’s office.

  10. Upon a written request for a Transcript, the Court may obtain the cost from two transcrip- tion services. The requesting party will by the transcription service the required amount di- rectly and prior to preparation.

Section 7-4-105. Seal

The Court Clerk is authorized to have and use a seal which shall be circular in form and contain the words, “District Court Clerk”, and the name of the Tribe around the edge thereof, and the words “Official Seal” or the official Tribal emblem in its center. When acting as the Clerk of the Supreme Court the Clerk’s seal shall be circular in form and contain the words “Supreme Court Clerk” and the name of the Tribe around the edge there- of, and the words “Official Seal” or the Tribal emblem in the center. The seal shall be impressed upon all war- rants, subpoenas, summons, certified copies of records, judgments, orders, decrees, and similar documents, as evidence of their authenticity.

Section 7-4-106. Certification of True Copies

Certified copies of records shall be admissible as evi- dence without further authentication in all judicial and administrative proceedings of this Tribe.

Section 7-4-107. Courts Always Open

The District and Supreme Courts shall be deemed al- ways open for the purpose of filing any pleading or oth- er proper paper.

Section 7-4-108. Trials and Hearings - Orders in

Chambers

All trials, except as specifically provided and in chil- dren’s cases, shall be conducted in open Court. All oth- er acts or proceedings may be done or conducted by a Judge in chambers, without the clerk or other court offi- cials and in any place either within or without the tribal jurisdiction; but no hearing, other than ex parte, shall be conducted outside the tribal jurisdiction without the consent of all parties affected. Except when determined to be necessary or expedient in children’s cases arising under the Indian Child Welfare Act, or when the Tribe has entered into an agreement with another government for the sharing of judicial officers and courtroom space.

Section 7-4-109. Clerk’s Office and Orders by the Clerk

The Clerk’s office shall be open during business hours on all days except Saturdays, Sundays, and legal holi- days, but the Court may provide by rule or order that its Clerk’s office shall be open for specified hours on Saturdays or particular legal holidays other than New Year’s Day, Washington’s Birthday, Memorial Day, In- dependence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. All mo- tions and applications and other proceedings which do not require court permission or order are grantable by the Clerk, but any action may be suspended or altered or rescinded by the Court.

Section 7-4-110. Notice of Orders or Judgments

Immediately upon the entry of an order or judgment, the Clerk shall serve a notice of the entry by mail upon each party and shall make a note in the docket. Such mailing is sufficient notice for all purposes for which notice of the entry of an order is required by law, but any party may in addition serve a notice of such entry in the manner provided in the Civil Procedure Act for the service of papers. Lack of notice of the entry by the Clerk does not affect the time to appeal or relieve or authorize the Court to relieve a party for failure to appeal within the time allowed, except as permitted in the Civil Procedure Act.

Section 7-4-111. Books and Records Kept by the

Clerk and Entries Therein

  1. The Clerk shall keep a “book” known as the “Civil Docket” in paper or electronic form and shall enter each civil action. Pursuant to rules and regulations prescribed by the Court Admin- istrator.

  2. In like fashion, the Clerk shall keep suitable dockets, indices, calendars, and judgment re- cords for the criminal, juvenile, and small claims dockets of the District Court, and the appeals and original action dockets of the Su- preme Court.

  3. The Clerk shall also keep such other books and records as may be required from time to time.

Section 7-4-112. Stenographic Report or Tran- script as Evidence

  1. Whenever the testimony of a witness was steno- graphically reported is admissible in evidence at a later trial, it may be proved by the transcript

    certified by the person who reported the testi- mony.

  2. Whenever the testimony of a witness was elec- tronically taped is admissible in evidence at a later trial, it may be proved by the tape record- ing maintained in the custody of the Court Clerk or by some other person certified as correct by the Court Clerk, or authorized to administer oaths, who has prepared under their direction a transcript.

Section 7-4-113. Judgment Docket

The judgment docket shall be kept in the form pursuant to rules and regulations prescribed by the Court Admin- istrator.

Section 7-4-114. Execution Docket

In the execution docket the Clerk shall enter all execu- tions as they are issued. Pursuant to rules and regula- tions prescribed by the Court Administrator.

Section 7-4-115. Clerk may Collect Judgment and

Costs

Where there is no execution outstanding, the Clerk of the Court may receive and receipt the amount of the judgment and costs, with the same effect as if the same had been paid to the Chief of the Tribal Police on an ex- ecution and the Clerk shall be liable in the same manner and amount as the Chief of the Tribal Police.

Section 7-4-116 through 7-4-122 Reserved Section 7-4-123. Clerk to Provide Statistical and

Other Information

The Clerk is directed to furnish as requested statistical and other information as the Executive, Legislature and Supreme Court may require, including, but without be- ing limited to, the number and classification of cases:

  1. Filed with the Court.

  2. Disposed of by the Court, and the manner of such disposition.

  3. The number of cases pending before the Court.

Section 7-4-124 through 7-4-125. Reserved


CHAPTER FIVE

CHIEF OF THE TRIBAL POLICE - PROCESS

Section 7-5-101. Reserved

Section 7-5-102. Appointment of Substitute for Tribal Police Chief

The Court upon an oral or written order, may appoint a

person to serve a particular process or order, who shall have the same power to execute it as the Chief of Po- lice. The person may be appointed on the application of the party obtaining the process or order, and the re- turn must be verified by affidavit.

Section 7-5-103. Tribal Police Chief to Indorse Time of Receipt on Process

The Chief of the Tribal Police shall indorse upon every document, the day and hour it was received by him.

Section 7-5-104. Tribal Police Chief to Execute

and Return Process

The Chief of the Tribal Police shall execute every sum- mons, order or other process, and return the same as required by law. If he fails unless prevented by inev- itable accident he shall be fined by the Court in a sum not exceeding Five Hundred Dollars ($500.00) upon motion and ten (10) days notice, and shall be liable to any person aggrieved by such failure. Provided that whenever any party shall make and file with the Clerk an affidavit, stating that they believe the Chief of the Tribal Police will not, by reason of either partiality, prejudice, consanguinity or interest, faithfully perform his duties. The Clerk shall direct the original, or other process, in such suit to the Chief Executive Officer of the Tribe or his designate who shall execute the same in like manner as the Chief of the Tribal Police might or ought to have done.

Section 7-5-105. When Bailiff or Tribal Police Chief May Adjourn Court

If the Judge fails to attend at the time and place ap- pointed for holding Court, the Chief of the Tribal Po- lice, or person appointed by the Court as bailiff, shall have power to adjourn the Court, until the regular or assigned Judge attend or a Special Judge, or Judge pro tempore, be selected.

Section 7-5-106. Reserved


CHAPTER SIX BONDS AND SURETIES

Section 7-6-101. Justification of Surety

A ministerial officer whose duty it is to take securi- ty shall require the person, if not a qualified surety or bonding company, to make an affidavit of qualifica- tions, which affidavit may be made before such officer, and shall be indorsed upon or attached to the undertak- ing. If the undertaking is given by a qualified surety or bonding company, the credentials of the person shall be

shown and attached. The ministerial officer shall have the power to administer oaths for the purpose of mak- ing any affidavits required by this Chapter.

Section 7-6-102. Qualifications of Surety

The surety in every undertaking unless a surety or bonding company authorized to give their bond or undertaking by Tribal law, irrevocably submits to the jurisdiction of the Tribal Court for the purpose of en- forcement of said bond or undertaking, and must be worth double the sum to be secured, over and above all exemptions, debts, and liabilities. Where there are two or more sureties in the same undertaking they must in the aggregate have the qualifications prescribed.

Section 7-6-103. Real Estate Mortgage as Bond

In every instance where bond, indemnity or guaranty is required, a first mortgage upon real estate within a State in which any portion of the Tribal jurisdiction lies shall be accepted, provided, that the amount of such bond, guaranty, or indemnity shall not exceed fifty per cent of the reasonable valuation of such improved real estate, provided further, that where the amount of such bond, guaranty or indemnity shall exceed fifty per cent of the reasonable valuation of such improved real estate, then such first mortgage shall be accepted to the extent of such fifty per cent valuation.

Section 7-6-104. Valuation of Real Estate

The officer, whose duty it is to accept and approve such bond, guaranty or indemnity shall require the affidavits of two landowners or licensed real estate appraisers or brokers versed in land values in community where such real estate is located to the value of such real estate.

Section 7-6-105. False Valuation - Penalty

Any person willfully making a false affidavit shall be guilty of perjury and punished accordingly. Any officer administering or accepting such affidavit knowing it to be false shall be guilty of conspiracy to commit perjury and punished accordingly. Any such wrongdoer shall be liable in a civil action to the party injured to the ex- tent of the injuring proximately caused.

Section 7-6-106. Action by Tribal Department - No

Bond Required

Whenever an action is filed in the Court by the Tribe, or by direction of any department of the Tribe, its agencies, commissions, or political branches, no bond, whatsoever. In case of an adverse decision, such costs as by law are taxable against a party shall be paid out of the available fund of the party under whose direction

the proceedings were instituted.

Section 7-6-107. Appearance Bond - Enforcement

  1. If a bench warrant or command to enforce a Court order is issued in a case for divorce, legal separation, annulment, child support, or alimony, or in any civil proceeding in which a judgment debtor is summoned to answer as to assets, and the person arrested, makes a bond for his appearance, the bond made shall be dis- bursed by the Court Clerk by order of the Court to the party in the suit who has procured the bench warrant or command for body attachment rather than to the Tribe as the Court shall direct for the payment of any sums due. The penalty on the bond or any part thereof, shall, when recovered, first be applied to discharge the obli- gation adjudicated in the case in which the bond was posted, and any excess shall be deposited in the Court fund. The party who is the obligee on such bond shall have the right to enforce its penalty to the same extent and in the same manner as the Tribe may enforce the penalty on a forfeited bail bond.

  2. Upon forfeiture of a bond payable to the Tribe as or- dered by the Court, including bail bonds, the Tribe may enforce the penalty on the bond upon motion filed in the case by any method authorized for the execution of civ- il judgments. All amounts received upon such forfeited bonds as penalty shall be deposited in the court fund. The Court may, for good cause shown, vacate an order of bond forfeiture.


    CHAPTER SEVEN MISCELLANEOUS

    Section 7-7-101. Deputy May Perform Official

    Duties

    Any duty enjoined by the Tribal Code upon a ministeri- al officer, and any act permitted to be done by him, may be performed by this lawful deputy unless otherwise specifically stated.

    Section 7-7-102. Affirmation

    Whenever an oath is required by the Tribal Code, the affirmation of a person, conscientiously scrupulous of taking an oath shall have the same effect.

    Section 7-7-103. Publications in “Patent Insides”

    1. Every daily or weekly newspaper published continuously for a period of two years in any county in which a portion of the tribal jurisdic- tion lies, or within or adjacent to the tribal ju- risdiction, and any Tribal Newspaper shall be

      recognized and authorized to publish all publi- cations and notices required or permitted to be published by the Tribal Code.

    2. All publications and notice required by law to be published in a newspaper, if published in newspapers having one side of the paper printed away from the office of publication, known as patent outsides or insides, shall have the same force and effect as though the same were pub- lished in newspapers printed wholly and pub- lished as required by Subsection (a) of this Sec- tion if at least one side of such paper is printed within the legal area.

Section 7-7-104. Action on Official Bond

When an officer, executor, or administrator within the jurisdiction of the Tribe by misconduct or neglect of duty, forfeits his bond or renders his sureties liable, any person injured thereby, or who is, by law; entitled to the benefit of the security, may bring an action thereon in his own name, against the officer, executor, or adminis- trator and his sureties, or may proceed in a proper case as provided in the Civil Procedure Act, to recover the amount to which he may be entitled.

Section 7-7-105. May be Several Actions on Same Security

A judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency.

Section 7-7-106. Immaterial Errors to be Disregarded

The Court, in every stage of action, must disregard any error or defect in the pleading or proceedings which does not affect the substantial rights of the adverse par- ty, and no judgment shall be reversed or affected by reason of such immaterial or harmless error or defect.

Section 7-7-107. Payments Into Court for Minors

and Incompetents

Where any amount not exceeding Five Hundred Dol- lars ($500.00) is deposited and paid into Court, for any minor or incompetent person having no legal guardian, and no person within ninety (90) days becomes the le- gal guardian, if the money is needed for support or in the best interest of the minor or incompetent, the Court may order payment made to a person as trustee. The order may be made in the original cause upon applica- tion of any interested person; and the Court may direct the Clerk to make payment in installments or one lump

sum. If a guardian has been appointed with bond, the Court shall order the money paid to the guardian sub- ject to restrictions and accounting.

Section 7-7-108. Conserving Moneys Obtained for

Minors or Incompetent Persons

Moneys recovered for or on behalf of a person less than eighteen (18) years or incompetent in excess of Five Hundred Dollars ($500.00) over sums sufficient for paying costs and expenses, shall by Court order, be deposited in a banking or savings and loan institution. Until the person becomes eighteen (18) or competent, withdrawals of moneys from accounts shall be solely pursuant to Court order. When an application is made pro se, the Judge shall prepare the order. This Section shall not apply in cases where a legal guardian has been appointed. In that case, the Court may direct, money may be paid to the guardian, subject to restrictions and accounting.

Section 7-7-109. Sharing of Judicial Officers

The Tribal Legislative Body is authorized to negotiate an agreement with other Indian Tribes and jurisdiction for the shared use of magistrates, trial judges, and ap- pellate court justices.

Section 7-7-110. Sharing of Other Judicial

Personnel

The Tribal Legislative Body is authorized to negotiate an agreement with other Indian Tribes and jurisdictions for the shared used of Court Clerks, District Attorneys, Bailiffs, Court Reporters, and other judicial related or support personnel.

Section 7-7-111. Sharing of Material Resources

The Tribal Legislative Body is authorized to negotiate an agreement with other Indian Tribes, or any other unit of government for the shared use of facilities, including courtroom, offices, and jail space, equipment, and sup- plies necessary for the operation of the Court and law enforcement agencies of the Tribe.

Section 7-7-112. Sharing of Financial Resources

Provisions may be made in the above mentioned agree- ments for the allocation of fines, fees, and court costs to support the functions of the judicial system, provid- ed, the salaries of the magistrates, judges, justices, and District Attorney shall not be subject to, or contingent upon the assessment or collection of any fines, fees, court costs, or penalties. Agreements may also provide for monetary contributions to the funding of the Court.

Section 7-7-113. Indians Employed in the Indian

Service

All persons employed in the Indian Service shall be subject to the jurisdiction of the Court to the extent per- mitted by law. Any employee appointed by the Secre- tary of the Interior shall not be subject to any sentence or judgment for actions while on official duty except to the extent permitted by federal law, unless such sen- tence or judgment shall have been approved by the Sec- retary of the Interior.

Section 7-7-114. Copies of Laws

  1. The Supreme Court law library will be provided with available copies of all Federal, Tribal, and State laws and the regulations of the Bureau of Indian Affairs which may be applicable to the conduct of any persons within the tribal juris- diction.

  2. Whenever the Court is in doubt as to the mean- ing of any law, treaty, or regulation, it may re- quest the Tribal Attorney General to furnish an opinion on the point in question.

Section 7-7-715. Cooperation by Federal Employees

  1. No field employee of the Indian Service shall obstruct, influence or interfere with the func- tions of the Courts or attempt to influence, in- terfere or obstruct, functions in any manner.

  2. Employees of the Bureau of Indian Affairs and the Indian Health Service, particularly those who are engaged in police, social service, health, and educational work, shall assist the court upon its request in the preparation and presentation of the facts, and in the proper treatment of offend- ers and juveniles.

Section 7-7-716. Effect of Prior Decisions of the

Court

The prior decisions of the Courts shall be binding upon the parties. The rules of law stated in such decisions, not inconsistent with Tribal statutes enacted after such decisions, shall be precedent in the Courts subject to modification or being overruled by subsequent opinion of the Court.

Section 7-7-717. Judicial Review of Legislative

and Executive Actions

The District and Supreme Courts shall have the author- ity to review any act by the Tribal Legislative Body,

or any tribal officer, agent, or employee to determine whether that action, and the procedure or manner of taking that action, is Constitutional authorized and not prohibited by the Indian Civil Rights Act, If the Court finds action, or the manner of its exercise, to be un- lawful, it may enjoin the action, refuse to recognize the unlawful action or to apply the law or statute. If the Court finds the contemplated action is authorized by the Constitution, Tribal Statutes, or the common law and the manner the authorized action is exercised is not prohibited, the Court shall dismiss the case. The Court shall not review the exercise of any authority commit- ted to the discretion of a tribal officer, agency, agent, or employee unless some specific provision authorizes judicial review of the merits of the discretionary deci- sion or action.

Section 7-7-718. Action When No Procedure

Provided

Whenever no specific procedure is provided in the Tribal Code, the Court may proceed in any lawful fashion.


CHAPTER EIGHT APPELLATE PROCEDURE PREFACE

Section 7-8-001. Scope and Applicability of Rules

  1. Scope. This Act governs the procedure in ap- peals to the Supreme court from the Tribal Dis- trict court and in application for writs or oth- er relief which the Supreme Court or a Justice thereof is competent to give. When this Act provides for the making of a motion or applica- tion in the Tribal District Court, the procedure for making such motion or application shall be in accordance with the practice of that Court.

  2. “Tribal Court” Defined. Unless otherwise spe- cifically stated or required by the context, the term “Tribal Court” as used in this Act shall be deemed to refer to both the Tribal District Court and any Division, or Judge thereof.

  3. This Act shall not be construed to extend or lim- it the jurisdiction of the Supreme Court as may be established by other Tribal laws, and all pro- visions of this Act shall be subject to the Tribal Constitution.

Section 7-8-002. Suspension and Revision of Rules

  1. In the interest of expediting decision(s), the fur- therance of the administration of justice and the

    efficient functioning of the Court, the Supreme Court is authorized to amend provisions of this Act by Court Rule duly adopted by a unanimous vote of the entire Court and filed in the Supreme Court clerk’s Office and the Tribal Secretary’s Office. Any Rule of the court which would have the effect of amending the Act shall so state in its title, and shall not be effective until it has been filed in the Tribal Secretary’s Office for a period of sixty days, within which time the Tribal Legislative Body may veto said Rul. If not vetoed, such Rules shall be placed in the Court’s law library and shall take effect of the sixty-first day after filing or on such later date as may be provided by the Court.

  2. Amendment is specifically limited to necessary changes in existing provisions but not the addi- tion of provisions which expand the authority of the Court.

Section 7-8-003. Discretionary Authority

Where no procedure is provided in this Act, other stat- utes of the Tribe, or the Supreme Court rules, the Su- preme Court may proceed to exercise its functions in any manner.

Section 7-8-004. Authority

The Supreme Court shall hear cases by a panel of three justices, provided that appropriate provision be made for en banc hearings at the request of a party.


SECTION ONE

APPEALS FROM JUDGMENTS AND ORDERS OF THE TRIBAL COURT

Section 7-8-101. Appeal As Of Right - How Taken

  1. Filing The Notice Of Appeal. An appeal per- mitted as of right from the Tribal District Court to the Supreme Court shall be taken by filing a notice of appeal with the Clerk within the time allowed by Section 102, or by the statute appli- cable. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is grounds only for such action as the Supreme Court deems appropriate, which may include dismissal.

  2. Joint or Consolidated Appeals. If two or more persons are entitled to appeal, and their interests make joinder practicable, they may file a joint notice of appeal, or may join in appeal after fil-

    ing separately, and they may proceed on appeal as a single appellant. Appeals may be consol- idated by order of the Supreme Court upon its own motion or upon motion of a party, or by stipulation of the parties.

  3. Content of the Notice of Appeal. The notice of appeal shall specify the parties to the appeal; shall designate the order, commitment, or judg- ment appealed, the docket of the Tribal District Court from which the appeal is taken, and a short statement of the reason or grounds for the appeal. An appeal shall not be dismissed for informality of form or title of the notice.

  4. Service of the Notice of Appeal. The Clerk shall serve notice of the filing of an appeal by mailing a copy of the notice, which copy shall be provided by the appealing party, to counsel of record of each party other than the appellant, and to the party at his last known address; and shall certify and deliver to the Clerk of the Su- preme Court for filing, a certified copy of the notice of appeal. The Clerk shall enter such filing upon the docket of the Supreme Court. When an appeal is taken by a defendant in a criminal case, the Clerk shall also serve a copy of the notice of appeal upon the appellant, ei- ther by personal service or by mail addressed to him. The Clerk shall note on each copy served the date on which the notice of appeal was filed. Failure of the Clerk to serve notice shall not af- fect the validity of the appeal. Service shall be sufficient notwithstanding the death of a party or his counsel. The Clerk shall note in the dock- et the names of the parties to whom copies are mailed, with the date of mailing.

  5. Payment of Fees. Upon the filing of appeal, the appellant shall pay to the Clerk the filing fee which shall be in such amount as may be deter- mined by the Court Administrator, except that a filing fee shall not be required from the Tribe, its officers, or agents when acting in their official capacity. If a private party joins in an appeal by the Tribe, tribal officers, or tribal agents, the pri- vate party shall pay the required filing fee. The Supreme Court, or a Justice thereof, may waive payment of the filing fee in criminal cases when the defendant, by affidavit or otherwise, estab- lishes that he is without sufficient funds or re- sources with which to pay the required fees.

    Section 7-8-102. Appeal As Of Right - When Taken

    1. Appeals In Civil Cases.

      1. In a civil case appeal permitted by law the notice of appeal shall be filed within the fol- lowing time periods after entry of the judg- ment or order appealed from, if a time cer- tain is not otherwise provided:

        1. From an order or judgment in an ac- tion for forcible entry or forcible or unlawful detainer. Ten (10) Days;

        2. From an order, decree, or judgment of the Juvenile Division of the District Court, (except an order, decree, or judgment which terminates parental rights). Thirty (30) Days.

        3. From an order, decree, or judgment of the Juvenile Division of the Dis- trict Court which terminates parental rights. Sixty (60) days.

      2. Except as provided in subsection (a)(4) of this Section, a notice of appeal filed after the announcement of a decision or order but before the formal entry of the judgment or order shall be treated as filed after such en- try and on the day thereof.

      3. If a timely notice of appeal is filed by a par- ty, any other party may file a notice of ap- peal within 14 days after the date on which the first notice of appeal was filed, or within the time otherwise prescribed by this Sec- tion, whichever period last expires.

      4. If a timely motion under the Civil Procedure Act is filed in the Tribal District Court by any party.

        1. For judgment notwithstanding the ver- dict, or

        2. To amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted, or

        3. To alter or amend the judgment or for a new trial,

        4. then, and in that event, the time for appeal for all parties shall run from the entry of the order denying a new trial or granting or denying any other

          such motion. A notice of appeal filed before the disposition of any of the above motions shall have no effect. A new notice of appeal must be filed within the prescribed time measured from the entry of the order disposing of the motion as provided above. No additional fees shall be required for such filing.

      5. The Tribal District Court, upon the show- ing of excusable neglect or good cause, may extend the time for filing a notice of appeal in a civil action upon motion filed not lat- er than 15 days after the expiration of the time prescribed by this Section. Any such motion which is filed before expiration of the prescribed time for the filing of a notice of appeal may be ex parte unless the Tribal District Court otherwise requires. Notice of any such motion which is filed after expira- tion of the prescribed time shall be given to the other parties in accordance with the Civ- il Procedure Act. No such extension shall exceed 10 days from the date of entry of the order granting the motion.

      6. A judgment or order is entered when it is entered in compliance with the Civil Proce- dure Act.

    2. Appeals In Criminal Cases. In a criminal case, the notice of appeal by a defendant shall be filed in the Tribal District Court within 10 days after the entry of the final judgment and sentence or other order. A notice of appeal filed after the announcement of a decision, sentence, or order, but before formal entry of the judgment or order shall be treated as filed after such entry and on the day thereof. If a timely motion in arrest of judgment, or a motion for a new trial on any ground other than newly discovered evidence has been made, an appeal from a judgment of conviction may be taken within 10 days after the entry of an order denying the motion. A mo- tion for a new trial based on the ground of new- ly discovered evidence will similarly extend the time for appeal from a judgment of conviction if the motion is made before or within 10 days after entry of the judgment. When an appeal by the Tribe is authorized by statute, the notice of appeal shall be filed by the Tribe in the Tribal

District Court within 10 days after the entry of the judgment or order appealed from unless a different time is specifically set by statute. A judgment or order is entered within the mean- ing of this subdivision when it is entered in the criminal docket pursuant to the Criminal Proce- dure Act. Upon a showing of excusable neglect Tribal District Court may, before or after the time has expired, with or without motion and notice, extend the time for filing a notice of ap- peal for a period not to exceed 20 days from the expiration of the time otherwise prescribed by this subdivision of this Section.

Section 7-8-103. Interlocutory Appeals in Civil

Actions.

  1. Interlocutory Appeals as of Right. A person may appeal to the Supreme Court by right any order make appealable by law, and the follow- ing judgments or orders of the Tribal District Court:

    1. An order that grants or refuses a new trial or vacates or refuses to vacate a judgment on any grounds including that of newly discov- ered evidence or the impossibility of mak- ing a record.

    2. An order that discharges, vacates, or modi- fies or refuses to discharge, vacate, or mod- ify an attachment.

    3. An order that denies, grants, or modifies a temporary injunction, or discharges, va- cates, or modifies, or refuses to discharge, vacate, or modify a temporary injunction.

    4. An order that discharges, vacates, or modi- fies, or refuses to discharge, vacate, or mod- ify a provisional remedy which affects the substantial rights of the parties.

    5. An order that appoints a receiver, except where the receiver was appointed at an ex parte hearing where a full hearing will be held upon application therefore, refuses to appoint a receiver, or vacates or refuses to vacate the appointment of a receiver, or re- fuses or grants orders to wind up receiver- ships or to take steps to accomplish the pur- poses thereof, such a directing sales or other disposal of property.

    6. An order that directs the payment of money

      pendente lite, except where granted at an ex parte where a full hearing will be held upon application therefore, refuses to direct the payment of money pendente lite, or vacates or refuses to vacate an order directing the payment of money pendente lite.

    7. An order that certifies of refuses to certify an action to be maintained as a class action.

    8. An order with regard to probate matters:

      1. Granting, or refusing, or revoking let- ter testamentary or of administration, or of guardianship, or conservator- ship, or

      2. Admitting, or refusing to admit, a will

        to probate, or

      3. Against or in favor of setting apart property, or making an allowance for a widow or child, or

      4. Against or in favor of setting apart property, or making an allowance for a widow or child, or

      5. Against or in favor of directing the partition, sale or conveyance of any interest in real property, or

      6. Settling an account of an executor, or

        administrator or guardian, or

      7. Refusing, allowing or directing the distribution or partition of an estate, or any part thereof or the payment of a debt, claim, legacy or distributive share, or

      8. Refusing or allowing the release of any tax liability, or

      9. From any other judgment, decree, or order of the Court in a probate case, or of the Judge thereof, affecting a sub- stantial right.

    9. Any interlocutory order or decree made im- mediately appealable by Tribal statute.

  2. Time for Filing Interlocutory Appeals as of Right and Special Rules.

    1. The party aggrieved may appeal the order without awaiting the final determination of the action, by filing the notice of appeal with the District Court Clerk within fifteen

      (15) days after the order is issued.

      1. If the order discharges or modifies an at- tachment or preliminary injunction and it becomes operative, the undertaking given upon the allowance of an attachment or pre- liminary injunction shall stay the enforce- ment of said order and said order shall re- main in full force and effect until final order of discharge after appeal shall take effect.

      2. If the order grants a preliminary injunction, the party seeking to appeal, if he desires to stay said order, shall give within ten (10) days after the order is rendered, an under- taking, with sufficient surety, in the sum as the Court deems proper, to secure the party procuring the injunction damages he may sustain, including reasonable attorneys fees, if it is finally decided that the preliminary injunction was properly granted. The un- dertaking shall stay the effect of the prelim- inary injunction pending appeal.

      3. Where a receiver has been appointed, upon the appellant filing an appeal bond, with sufficient sureties, in a sum required of the receiver or a Judge, conditioned for the due prosecution of the appeal and the payment of all costs, or damages that may accrue to the Tribe or any officer or person, the authority of the receiver shall be suspended until the final determination of the appeal, and if the receiver has taken possession of any proper- ty, real or personal, it shall be returned and surrendered to the appellant upon the filing and approval of the bonds.

  3. Interlocutory Appeals by Permission. When a Judge, in making an order or decree in a civ- il action not appealable believes the order in- volves a controlling question of law which there is substantial grounds for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termina- tion of the litigation, he shall so state in writ- ing. The Supreme Court may in its discretion, permit an appeal to be taken from such order, if application is made within ten days after the entry of the order, provided, however, that ap- plication for an appeal hereunder shall not stay proceedings in the Tribal District Court, unless the Judge or the Supreme Court, or a Justice of the Supreme Court shall so order.

  4. Petition for Permission to Appeal. An ap- peal from an interlocutory order containing the statement prescribed by Section 103(c) may be sought by filing a petition for permission to appeal with the Clerk within 10 days after the entry of such order in the District Court with proof of service on all other parties to the action in the District Court. An order may be amended to include the prescribed statement at any time, and permission to appeal may be sought within 10 days after entry of the order as amended.

    1. The petition shall contain a statement of the facts necessary to an understanding of the controlling question of law determined the District Court; a statement of the question itself; and a statement of why a substantial basis exists for a difference of opinion on the question and why an immediate appeal may materially advance the termination of the litigation. The petition shall include a copy of the order appealed and findings of fact, conclusions of law and opinion. With- in 7 days after service of the petition, an adverse party may file an answer in oppo- sition. The application and answer shall be submitted without oral argument unless oth- erwise ordered.

    2. All papers may be typewritten. Ten copies shall be filed with the original, but the Court may require that additional copies be fur- nished.

    3. Within 10 days after the entry of an order granting permission to appeal, the appellant shall:

      1. pay to the Clerk of the District Court the fees established for the filing of appeals by permission.

      2. file a bond for costs if required by the Supreme Court.

Upon receipt of payment the Clerk of the Su- preme Court shall enter the appeal. The record shall be transmitted and filed as in cases of di- rect appeal by right. A notice of appeal need not be filed.

Section 7-8-104. Interlocutory Appeals In

Criminal Actions.

  1. Appeal by the Defendant. An interlocutory

    appeal to the Supreme Court may not be taken by the defendant except by leave of the Court in the same manner as the taking of interlocutory appeals by permission in civil actions.

  2. Appeal by the Tribe. An appeal by the Tribe may be taken from a decision or order of the Tribal Court prior to the beginning of trial sup- pressing or excluding evidence, or requiring the return of seized property in a criminal pro- ceeding, or dismissing the criminal complaint, and after the verdict is returned, upon an order granting a new trial, or an order refusing to re- voke probation or parole, or an order reducing a valid sentence previously imposed.

Section 7-8-105. Appeals by the Tribe in Criminal

Actions.

  1. An appeal to the Supreme Court may be taken by the Tribe from the final judgment in a crimi- nal action in the following cases:

    1. Upon judgment for the defendant quashing or setting aside the criminal complaint prior to trial.

    2. Upon an order of the Court arresting the judgment.

    3. Upon a question of law reserved by the Tribe, provided, that the criminal complaint shall be reinstated and the case shall pro- ceed if the Tribe’s appeal is upheld under subsection (A)(1) of this Section, the judg- ment and sentence arrested shall be entered and enforced if the Tribe’s appeal is upheld under subsection (A)(2) of this Section, and a defendant may not be tried against for the same offense if the Tribe’s appeal is upheld under subsection (A)(3) of this Section.

  2. Pending the prosecution and determination of the appeal in the foregoing instances, the defen- dant may be released in accordance with Sec- tion 108 of this Act.

Section 7-8-106. Bond For Costs On Appeal In Civil Cases.

The District Court may require an appellant to file a bond or provide other security in such form and amount as it finds necessary to ensure payment of costs on ap- peal in a civil case. The provisions of Section 107(B) of this Act applies to a surety upon a bond given pursuant to this Section.

Section 7-8-107. Stay Or Injunction Pending

Appeal.

  1. Procedure. Application for a stay of the judg- ment or order of Tribal District Court pending appeal, or for approval of a supersedeas bond, or for an order suspending, modifying, restoring or granting an injunction pending must ordinari- ly be made first in the District Court. A motion may be made to the Supreme Court panel, or to a Justice thereof, but the motion shall show that application to the District Court is not practica- ble, or the District Court has denied an appli- cation, or has denied the relief with the reasons given. The motion shall also show the reasons for the relief and the facts relied upon, and if the facts are subject to dispute the motion shall be supported by affidavits or other sworn state- ments or copies. The record as relevant shall be filed. Reasonable notice of the motion shall be given. The motion shall be filed with the Clerk. In exceptional cases due to the requirements of time, the application may be made to and con- sidered by a single Justice of the Court pending review by the Court panel. In cases where relief has not been previously requested in the District Court, the Supreme Court may, if it determines such action to be appropriate under the circum- stances, remand the motion to the District Court for its initial determination.

  2. Bond, Proceedings Against Sureties. Relief available in the Supreme Court under this Sec- tion may be conditioned upon the filing of a bond or other appropriate security in the District Court. If security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits himself to the jurisdiction of the District Court as his agent upon whom any papers affecting his liability on the bond or undertaking may be served. It is the responsibility of the surety to provide the Clerk with his proper and current address, and a supply of stamped, self addressed envelopes, if they wish copies of any papers served upon the Clerk as agent to be mailed. Liability may be enforced on motion in the District Court without the necessity of an independent action. The motion and notice of the motion as the Dis- trict Court shall prescribe may be served on the Clerk who shall mail copies to the sureties if

    their addresses are known.

  3. Criminal Cases. Stays in criminal cases shall be had in accordance with the provisions of Criminal Procedure Act.

Section 7-8-108. Release in Criminal Cases.

  1. Appeal Of Order Denying Release Pending Appeal. An appeal authorized by law from an order refusing or imposing conditions of release pending appeal of the underlying judgment of conviction and sentence shall be determined promptly. The appeal in such matters shall be heard without briefs after reasonable notice to the appellee upon such papers, affidavits, and the record as the parties shall present. A Su- preme Court, panel of three justices may order the release of the appellant pending the appeal.

  2. Procedure. Application for release after a judgment of conviction shall be made first in the Tribal District Court. If the Tribal District Court refuses release pending appeal, or imposes con- ditions of release, the Court shall issue an order. Thereafter, if an appeal is pending, a motion for release, or for modification of the conditions of release, pending review may be made to the Supreme Court or to a designated Justice. The motion shall be determined promptly upon such papers, affidavits, and the record as the parties shall present and after reasonable notice to the appellee. The Supreme Court panel may order the release of the appellant pending disposition of the motion.

  3. Criteria For Release. The decision as to re- lease pending appeal shall be made in accor- dance with the criteria for bail established by tribal law in the Criminal Procedure Act. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant.

  4. The Defendant shall be required to post a cash bond in the amount of fines, fees, costs and restitution ordered by the District Court after a finding of guilt by the court or a jury.

Section 7-8-109. The Record on Appeal.

  1. Composition Of The Record On Appeal. The original papers and exhibits filed in the District Court, the transcript or tape recording of the proceedings, if any, and a certified copy of the

    docket entries prepared by the Clerk shall con- stitute the record on appeal.

  2. Transcript, Duty of Appellant To Order, No- tice Of Partial Transcript.

    1. Within 10 days after filing the notice of ap- peal the appellant shall order from the Clerk or reporter a transcript of such parts of the proceedings not already on file. The order shall be in writing and within the same peri- od a copy shall be filed with the Clerk of the District Court. If no parts of the proceed- ings are ordered, within the same period the appellant shall file a certificate to that effect.

    2. If the appellant intends to urge on appeal that a finding or conclusions unsupported by the evidence or is contrary to the evidence, he shall include in the record a transcript of all evidence relevant to such finding or con- clusion.

    3. Unless the entire transcript is to be includ- ed, the appellant shall, within the 10 days time provided in subsection (B)(1) of this Section, file a statement of the issues he in- tends to present on appeal and shall serve on the appellee a copy of the order or certificate and of the statement. If the appellee deems a transcript of other parts of the proceedings are necessary, he shall, within 10 days af- ter the service of the order or certificate and the statement of the appellant, file and serve on the appellant a designation of addition- al parts to be included. Unless within 10 days after service of such designation the appellant has ordered such parts, and has so notified the appellee, the appellee may within the following 10 days order the parts or move in the District Court for an order requiring the appellant to do so.

    4. At the time of ordering, a party must make satisfactory arrangements with the reporter for payment of the cost of the transcript. If a typewritten transcript is ordered, the Clerk or Reporter shall charge a fee to be set by the Court Administrator for each original page, and an additional fee for each copy of an original page. The Clerk may designate a Reporter to produce a transcript with the cost assigned to the party. If a copy of a tape

      recording of the proceedings is ordered, the Clerk shall charge a fee to be set by the Court Administrator for each tape ordered. All such fees paid on behalf of a Clerk or reporter who is employed by the Tribe and paid a salary from tribal monies shall be de- posited in the Court fund. All fees paid on to an independent reporter appointed or au- thorized by the District Court to record pro- ceedings, not paid from tribal fund shall be paid over to such reporter.

  3. Procedure When No Transcript Available. If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may prepare a state- ment of the evidence or proceedings from the best available means, including his recollection. The statement shall be served on the appellee, who may serve objections or propose amend- ments thereto within 10 days after service. Thereupon the statement and any objections or proposed amendments shall be submitted to the District Court for settlement and approval and as settled and approved shall be included by the Clerk in the record on appeal.

  4. Agreed Statement As The Record On Ap- peal. In lieu of the record on appeal as defined in subsection (A) above, the parties may prepare and sign a statement showing how the issues presented arose and were decided and setting forth facts proved or sought to be proved essen- tial to a decision of the issues presented. If the statement conforms to the truth, the statement together with additions the Court may consid- er necessary, shall be approved by the District Court, and be certified to the Supreme Court as the record and transmitted to the Supreme Court Clerk’s records.

  5. Correction Or Modification Of The Record. If any difference arises as to whether the record truly discloses what occurred in the Tribal Dis- trict Court, the difference shall be submitted to and settled by the Judge of that Court and the record made to conform to the truth. If anything material to either party is omitted from the re- cord by error or accident or is misstated therein, the parties by stipulation, or the District Court, either before or after the record is transmitted to the Supreme Court, on proper suggestion or its

own initiative, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmit- ted. All other questions as to form and content of the record shall be presented to the Supreme Court.

Section 7-8-110. Transmission of Record.

  1. Chief Clerk To Serve As Clerk of the Su- preme Court. The Chief Clerk of the Tribal District Court may also serve as the Clerk of the Supreme Court whenever the position of Clerk of the Supreme Court is vacant.

  2. Transmission And Filing Of Record. In all cases, including juvenile and criminal actions, the Clerk within 15 working days after a Notice of Appeal is filed, prepare, certify, and deliver to the Clerk of the Supreme Court, for filing with the Supreme Court, all papers comprising the record of the case except the transcript. Such compilation shall be indexed with page num- bers. All parties to the appeal shall be notified of the filing of the record with the Supreme Court, and a copy of the index to the record shall be attached to the notice for the benefit of the par- ties. Copies of any documents contained in the record shall be available to the parties at a cost per page to be set by the Court Administrator.

  3. Completion of Record. Upon receipt of an or- der for a transcript or additional tape recording, the Clerk or reporter shall acknowledge receipt and the date on which he expects to have the transcript or copy of the tape recording com- pleted and shall transmit the order, to the Clerk of the Supreme Court. If the transcript cannot be completed within 30 days of receipt of the order the Clerk or reporter shall request an ex- tension of time from the Clerk of the Supreme Court, and the action of the Clerk of the shall be entered and the parties notified. In the event of the failure to file the transcript or complete making copies of the tapes within the time al- lowed, the Clerk of the Supreme Court shall no- tify the Chief Justice and take such steps as may be directed by the Chief Justice of the Supreme Court. Upon completion of the transcript the clerk or reporter shall file it with the Clerk of the Tribal District Court and shall notify the Clerk of the Supreme Court that he has done so.

  4. Transmission of Transcript. Upon receipt of the Transcript, or notification that request- ed copies of tape recordings of the proceedings are completed, or the filing of a statement as provided in Section 109 (C) or (D) of this Act, the Clerk of the District Court shall notify the parties that the transcript, tapes, or statement is completed and ready for transmittal to the Su- preme Court and shall state in the notice the date upon which the notice was given, and the date the final record will be delivered to the Supreme Court. The parties may receive their copies (if ordered) of such transcript, tapes, or statement as soon as they become available whether be- fore or after formal notice of such availability is mailed to the parties. Fifteen days after the mailing of the notice of completion of the tran- script, tapes, or statement, the Clerk of the Dis- trict Court shall deliver the original thereof to the Clerk of the Supreme Court for filing. Upon filing by the Clerk of the Supreme Court, the record shall be deemed received and completed.

Section 7-8-111. Docketing The Appeal; Filing The

Record.

  1. Docketing The Appeal. Upon receipt of the Notice of Appeal and of the docket entries and papers transmitted by the Clerk of the Tribal District Court pursuant to Section 110(B), the Clerk of the Supreme Court shall thereupon en- ter the appeal upon the docket. An appeal shall be docketed under the title given to the action in the Tribal District Court, with the appellant identified as such, but if the action in the Tribal District Court, with the appellant identified as such, but if such title does not contain the name of the appellant, his name, identified as appel- lant, shall be added to the title. In appeals from the Juvenile Division of the Court, the docket books shall contain the correct names of the parties, however, all opinions or other papers of the Court which may become public informa- tion shall contain only initials or other similar designations and not the names of the parties.

  2. Upon receipt of the completed record on appeal as provided in Section 110(D), the Clerk of the Supreme Court shall file it and shall immedi- ately give notice to all parties and the date on which it was filed.

SECTION TWO HABEAS CORPUS

Section 7-8-201. Habeas Corpus Proceedings.

An application for a writ of habeas corpus shall origi- nally be made to the Tribal District Court. If application is made to the Supreme Court, or a Justice thereof in- dividually, the application will ordinarily be transferred to the Supreme Court for determination. The Supreme Court, or a Justice thereof, will accept original jurisdic- tion in such matters only upon a showing of compelling necessity and urgency. If an application is made to or transferred to the Tribal District Court and denied, re- newal of the application before the Supreme Court, or a Justice thereof is not favored; the proper remedy is by appeal to the Supreme Court from the order of the Tribal District Court denying the writ.

Section 7-8-202. Transfer Of Custody Pending

Review

Pending review of a decision in a habeas corpus pro- ceeding commenced before the Court, or a Justice or Judge for the release of a prisoner, a person having cus- tody of the prisoner shall not transfer custody to another unless such transfer is directed in accordance with the provisions of this Section and the Court rules. Upon application of a custodian showing a need therefore, the Court rules. Upon application of a custodian showing a need therefore, the Court, Justice or Judge rendering a decision may make an order authorizing transfer and providing for the substitution of the successor custodi- an as a party.

Section 7-8-203. Detention Or Release Pending

Review Of Decision Failing to Release

Pending review of a decision failing or refusing to re- lease a prisoner in such a proceeding, the prisoner may be detained in the custody from which release is sought, or in other appropriate custody or may be enlarged upon his recognizance or admitted to bail, with or without surety, as may appear fitting to the Court or Justice or Judge rendering the decision, or to the Supreme Court panel. This provision is subject to Section 108(D).

Section 7-8-204. Detention Or Release Pending

Review Of Decision Ordering Release

Pending review of a decision ordering the release of a prisoner in such a proceeding, the prisoner shall be enlarged upon his recognizance, with or without surety, unless the Court or Justice or Judge rendering the deci- sion, or the Supreme Court shall otherwise order. This provision is subject to Section 108(D).

Section 7-8-205. Modification of Initial Order Respecting Custody

An initial order respecting the custody or enlargement of the prisoner and any recognizance or surety taken, shall govern during review in the Supreme Court unless for special reasons shown to the Supreme Court the or- der shall be modified, or an independent order respect- ing custody, enlargement or surety shall be made. This provision is subject to Section 108(D).


SECTION THREE PROCEEDINGS IN FORMA PAUPERIS

Section 7-8-301. Leave From Tribal District Court to Proceed to Supreme Court

A party to an action in the District Court who desires to appeal in forma pauperis shall file in the Tribal District Court a motion for leave so to proceed, together with an affidavit showing, in explicit detail, his inability to pay fees and costs or to give security, their belief that they are entitled to redress, and a statement of the issues which they intend to present. If the motion is grant- ed, the party may proceed without further application to the Supreme Court, and without prepayment of fees or costs in either Court or the giving of security. If the motion is denied, the District Court shall state the rea- sons for the denial.

Section 7-8-302. Special Rule For Parties Previously Granted. Permission To Proceed In Forma Pauperis.

A party who has been permitted to proceed in the Dis- trict Court in forma pauperis, or who has been permit- ted to proceed there as financially unable to obtain an adequate defense in a criminal case, or a case involv- ing the termination of parental rights, may proceed on appeal in forma pauperis without further authorization unless, before or after the notice of appeal is filed, the District Court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled to proceed, in which event the District Court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled to pro- ceed, in which event the Tribal District Court shall state the reasons for such certification or finding.

Section 7-8-303. Remedy For Denial Of Motion By

Tribal District Court.

If a motion for leave to proceed on appeal in forma pau- peris is denied by the District Court, or if the District

Court shall certify that the appeal is not taken in good faith or shall find that the party is not entitled to pro- ceed in forma pauperis, the Clerk shall serve notice of such action. A motion for leave may then be filed in the Supreme Court within 30 days after service of notice of the action of the District Court. The motion shall be accompanied by a copy of the affidavit filed in the District Court, or by the affidavit prescribed by Section 311 of this Subchapter if no affidavit has been filed in the District Court, and by a copy of the statement of reasons given by the District Court for its actions.


SECTION FOUR GENERAL PROVISIONS

Section 7-8-401. Filing and Service.

Papers required or permitted to be filed in the Supreme Court shall be filed with the Clerk. Filing may be ac- complished by mail addressed to the Clerk, but filing shall not be timely unless the papers are received by the Clerk within the time fixed for filing, except that briefs and appendices shall be deemed filed on the day of mailing if first class mail or any more expeditious form of delivery by mail, excepting special delivery or overnight mail, is utilized. If a motion requests relief which may be granted by a single Justice, the Justice may permit the motion to be filed with him, in which event he shall note thereon the date of filing and shall thereafter transmit it to the Clerk.

Section 7-8-402. Service of All Papers Required.

Copies of all papers filed by any party and not required by this Act to be served by the Clerk shall, at or before the time of filing, be served by that party or person act- ing for him on all other parties to the appeal or review. Service on a party represented by counsel or lay advo- cate shall be made on the counsel or lay advocate.

Section 7-8-403. Manner Of Service.

Service may be personal or by mail in any manner al- lowed by the Civil Procedure Act for service of mo- tion or briefs. Personal service includes delivery of the copy to a Clerk, secretary, or other responsible person at the office of counsel or lay advocate. Service by mail is complete upon mailing.

Section 7-8-404. Proof Of Service.

Papers presented for filing shall contain an acknowl- edgment of service by the person served or proof of ser- vice in the form of a statement of the date and manner of service and of the name of the person served, certi-

fied by the person who made service. Proof of service may appear on or be affixed to the papers filed. The Clerk may permit papers to be filed without acknowl- edgment or proof of service but shall require such to be filed promptly.

Section 7-8-405. Computation of Time.

In computing any period of time, by an order of the Court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period extends until the end of the next day which not a Sat- urday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is equal to or less than 7 days, intermediate Saturdays, Sundays, and legal holi- days shall be excluded in the computation. As used in this Section, “legal holiday” includes New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanks- giving Day, Christmas Day, and any other day appoint- ed as a holiday by the President or the Congress of the United States or the Legislative Body of the Tribe.

Section 7-8-406. Enlargement Of Time.

The Court for good cause shown may upon motion en- large the time prescribed by this Act or Court rule or by its order for doing any act, or may permit an act to be done after the expiration of such time; but the Supreme Court may not enlarge the time for filing a notice of appeal.

Section 7-8-407. Additional Time after Service By

Mail.

Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon him and that paper is served by mail, 3 days shall be added to the prescribed period.


SECTION FIVE MOTIONS AND BRIEFS

Section 7-8-501. Content, Response, and Reply to

Motions.

Unless another form is elsewhere prescribed by this Act, an application for an order or other relief shall be made by filing a motion for such order or relief with proof of service on all other parties. The motion shall contain or be accompanied by any matter required by a specific provision of this Act governing such a motion,

shall set forth the order or relief sought. If a motion is supported by briefs, affidavits, or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion other than one for a procedural order within 7 days after service of the motion, but motions authorized by Sections 107, 108, and 469 may be acted upon after reasonable no- tice, and the Court may shorten or extend the time for responding to any motion.

Section 7-8-502. Determination of Motions for

Procedural Orders.

Notwithstanding the provisions of Section 311 of this Act as to motions generally, motions for procedural orders, including any motion under Section 306, may be acted upon at any time, without awaiting a response thereto, and pursuant to rule or order of the Court, mo- tions for specified types of procedural orders may be disposed of by the Clerk. Any party adversely affected by such action may by application to the Court request consideration, vacation or modification of such action.

Section 7-8-503. Power of a Single Judge to

Entertain Motions.

Consistent with the authority expressly conferred by this Act or by other Tribal law, a single Justice of the Supreme Court may entertain and may grant or deny any request for relief which under this Act may prop- erly be sought by motion, except that a single Justice may not dismiss or otherwise determine an appeal or other proceeding, and except that the Supreme Court may provide by order or rule that any motion or class of motions must be acted upon by Court panel. The action of a single Justice may be reviewed by a Court panel.

Section 7-8-504. Form of Papers; Number of

Copies.

All papers relating to motions may be typewritten. Ten copies shall be filed with the original, but the Court may require that additional copies be furnished.

Section 7-8-505. Brief of Appellant.

The brief of the appellant shall contain under appropri- ate headings and in the order here indicated:

  1. A cover page as described in Section 329.

  2. A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with reference to the pages of the brief where they are cited.

  3. A statement of the issues presented for review.

  4. A statement of the case. The statement shall first indicate briefly the nature of the case, the course of proceedings, and its disposition in the Court below. There shall follow a statement of the facts relevant to the issues presented for re- view, with appropriate references to the record (see Section 319).

  5. An argument. The argument may be preceded by a summary. The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefore, with citations to the authorities, statutes and parts of the record relied on.

  6. A short conclusion stating the precise relief sought.

Section 7-8-506. Brief of Appellee.

The brief of the appellee shall conform to the require- ments of Section 315, except that a statement of the is- sues or of the case need not be made unless the appellee is dissatisfied with the statement of the appellant.

Section 7-8-507. Reply Brief.

The appellant may file a brief in reply to the brief of the appellee, and if the appellee has cross-appealed, the ap- pellee may file a brief in reply to the response of the ap- pellant to the issues presented by the cross appeal. No further briefs may be filed except with leave of Court.

Section 7-8-508. References in Briefs to Parties.

Counsel will be expected in their briefs and oral argu- ments to keep to a minimum references to parties by such designations as “appellant” and “appellee”. It pro- motes clarity to use the designations used in the lower Court or the actual names of the parties, or descriptive terms such as “the employee,” “the injured person,” “the taxpayer,” the car,” or the names of the parties.

Section 7-8-509. References in Briefs to the Record

and Statutes.

  1. References in the briefs to parts of the record re- produced in any appendix filed with the brief of the appellant shall be to the pages of the appen- dix where they appear and to the pages in the original record. If an appendix is prepared after the briefs are filed, references in the briefs to the record shall be made to the original record. Intelligible abbreviations may be used. If ref- erence is made to evidence the admissibility of which is in controversy, reference shall be made to the pages of the record or of the transcript

    where the evidence was identified, offered, and received or rejected.

  2. If determination of the issues presented requires the study of statutes, rules, regulations, or sim- ilar material or relevant parts, they shall be reproduced in the brief or in an addendum, or they may be supplied to the Court in pamphlet form.

Section 7-8-510. Length of Briefs.

Except by permission of the Court, principal briefs shall not exceed 50 pages, and reply briefs shall not ex- ceed 25 pages, exclusive of pages containing the table of contents, tables of citations and any addendum con- taining statutes, rules, regulations, and similar material.

Section 7-8-511. Briefs in Cases Involving Cross

Appeals.

If a cross appeal is filed, the plaintiff in the Court be- low shall be deemed the appellant for the purposes of this Chapter and Sections 326, 327, and 328, unless the parties otherwise agree or the Court otherwise orders. The brief of the appellee shall contain the issues and argument involved in his appeal as well as the answer to the brief of the appellant.

Section 7-8-512. Briefs and Cases Involving

Multiple Appellants or Appellees.

In cases involving more than one appellant or appellee, including cases consolidated for purposes of the appeal, any number of either may join in a single brief, and any appellant or appellee may adopt by reference any part of the brief of another. Parties may similarly join in reply briefs.

Section 7-8-513. Citation of Supplemental Authorities.

When pertinent and significant authorities come to the attention of a party after his brief has been filed, or after oral argument but before decision, a party may prompt- ly advise the Clerk of the Court, by letter, with a copy to all counsel, setting forth the citations. There shall be a reference either to the page of the brief or to a point ar- gued orally to which the citations pertain, but the letter shall without argument state the reasons for the supple- mental citations. Any response shall be made promptly and shall be similarly limited.

Section 7-8-514. Brief of an Amicus Curiae.

A brief of an amicus curiae may be filed only if accom- panied by written consent of all parties, or by leave of

Court granted on motion or at the request of the Court, except that consent or leave shall not be required when the brief is presented by the Tribe, the United States or an officer or agency thereof, or by another Tribe or a State, Territory or Commonwealth. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Save as all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the Court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae other than the Tribe to participate in the oral argument will be granted only for extraordinary reasons, or on the Court’s own motion. A motion of the Tribe to present oral argument as amicus curiae shall be granted unless extraordinary reasons appear for refusing to grant such a motion.

Section 7-8-515. Appendix to the Briefs.

Whenever the record on appeal, or the transcript is particularly voluminous, the Court may order the ap- pellant to prepare, with notice and consultation by the appellee, an appendix to the briefs which shall contain the papers, documents, and portions of the transcript necessary to the determination of the issues presented on appeal. The preparation of an appendix does not prevent further referrals to the original record by any party or the Court. A party may append pertinent parts of the record to his brief when such is necessary for a clear presentation of the issues raised on appeal.

Section 7-8-516. Time for Filing and Service of Briefs.

The appellant shall serve and file his brief within 20 days after the date on which the completed record is received and filed in the Supreme Court. The appellee shall serve and file his brief within 20 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee, but, except for good cause shown, a reply brief must be filed at least 5 days before argu- ment.

Section 7-8-517. Number of Copies to Be Filed and

Served.

Ten copies of each brief shall be filed with the Clerk in addition to the original, unless the Court by order shall direct a lesser or greater number, and two cop-

ies shall be served on counsel for each party separately represented. If a party is allowed to file typewritten ribbon and carbon copies of the brief, the original and three legible copies shall be filed with the Clerk, and one copy shall be served on counsel for each party sep- arately represented.

Section 7-8-518. Consequence of Failure to File Briefs.

If an appellant fails to file his brief within the time pro- vided by this Act, or within the time as extended, an appellee may move for dismissal of the appeal. If an appellee fails to file his brief, he will not be heard at oral argument except by permission of the Court.

Section 7-8-519. Form of Briefs, the Appendix and Other Papers.

  1. Briefs and appendices may be produced by stan- dard typographic printing or by any duplicat- ing or copying process which produces a clear black image on white paper, including legible photocopies. All printed matter must appear in at least 12 point (pica) type on opaque, unglazed paper. Briefs and appendices produced by the standard typographic process shall be bound in volumes having pages 6 1/8 by 9 1/4 inches and type matter 4 1/6 by 7 1/6 inches. Those pro- duced by any other process shall be bound in volumes having pages not exceeding 8 1/2 by 11 inches and type matter not exceeding 6 1/2 by 9 1/2 inches, with double spacing between each line of text, except that quoted matter may be single spaced. Copies of the reporter’s tran- script and other papers reproduced in a manner authorized by this Section may be inserted in the appendix; such pages may be informally re- numbered if necessary.

  2. If briefs are produced by commercial printing or duplicating firms, or, if produced otherwise and the covers to be described are available, the cover of the brief of the appellant should be blue; that of the appellee, red; that of a interve- nor or amicus curiae, green; that of any reply brief, gray. The cover of the appendix, if sepa- rately printed, should be white. The front cover of the briefs and of appendices shall contain.

    1. The name of the Court and the number of the case;

    2. The title of the case;

    3. The nature of the proceedings in the Court (e.g., Appeal; Petition for Review) and the name of the Court below;

    4. The title of the document (e.g. Brief for Ap- pellant, Appendix); and

    5. The names, addresses, and telephone num- ber of counsel representing the party on whose behalf the document is filed.

Section 7-8-520. Form of Other Papers.

  1. Petitions for rehearing shall be produced in a manner prescribed by a Section 329.

  2. Motions and other papers may be produced in a like manner, or they may be typewritten upon opaque, unglazed paper 8 1/2 by 11 inches in size. Lines of typewritten text shall be double spaced. Consecutive sheets shall be attached at the left margin. Carbon copies may be used for filing and service if they are legible.

  3. A motion or other paper addressed to the Court shall contain a caption setting forth the name of the Court, the title of the case, the file number, and a brief descriptive title indicating the pur- pose of the paper.


SECTION SIX ARGUMENT

Section 7-8-601. Prehearing Conference.

The Court may direct the attorneys for the parties to appear before the Court or a Justice thereof for a pre- hearing conference to consider the simplification of the issues and such other matters as may aid in the disposi- tion of the proceeding. The Court or Justice shall make an order which recites the action taken at the confer- ence and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admission or agreements of counsel, and such order when entered controls the subsequent course of the proceeding, unless modified to prevent manifest injustice.

Section 7-8-602. Oral Argument in General.

Oral argument shall be allowed in all cases unless the Court, after examination of the briefs and record, shall be unanimously of the opinion that oral argument is not needed. In such cases the Court shall notify the par- ties of its intention to proceed without oral argument, and shall provide any party with an opportunity to file a statement setting forth the reasons why, in his opin-

ion, oral argument should be heard. Oral argument will be allowed upon request unless the Court unanimously determines.

  1. The appeal is frivolous; or

  2. The dispositive issue or set of issues has been recently authoritatively decided; or

  3. The facts and legal arguments are adequately presented in the briefs and record and the deci- sional process would not be significantly aided by oral argument.

Section 7-8-603. Notice of Argument;

Postponement.

The Clerk shall advise all parties whether oral argument is to be heard, and if so, of the time and place therefore, and the time to be allowed each side. A request for postponement of the argument or for allowance of ad- ditional time must be made by motion filed reasonably in advance of the date fixed for hearing.

Section 7-8-604. Order and Content of Argument.

The appellant is entitled to open and conclude the argu- ment. The opening argument shall include a fair state- ment of the case. Counsel will not be permitted to read at length from briefs, records or authorities.

Section 7-8-605. Cross and Separate Appeals.

A cross or separate appeal shall be argued with the ini- tial appeal at a single argument, unless the Court oth- erwise directs. If a case involves a cross-appeal, the plaintiff in the action below shall be deemed the ap- pellant for the purpose of this Subchapter unless the parties otherwise agree or the Court otherwise directs. If separate appellants support the same argument, care shall be taken to avoid duplication of argument.

Section 7-8-606. Non-Appearance of Parties.

If the appellee fails to appear to present argument, the Court will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the Court may hear argument on behalf of the appellee, if his counsel is present. If neither party appears, the case will be decided on the briefs unless the Court shall otherwise order.

Section 7-8-607. Submission on the Briefs.

By agreement of the parties, a case may be submitted for decision on the briefs, but the Court may direct that the case be argued.

Section 7-8-608. Use of Physical Exhibits at Argument; Removal.

If physical exhibits other than documents are to be used at the argument, counsel shall arrange to have them placed in the courtroom before the Court convenes on the date of the argument. After the argument counsel shall cause the exhibits to be removed from the court- room unless the Court otherwise directs. If exhibits are not reclaimed by counsel within a reasonable time after notice is given by the Clerk, they shall be destroyed or otherwise disposed of as the Clerk shall think best.

Section 7-8-609. When Hearing or Rehearing En

Banc Will Be Ordered.

A majority vote of the nine Justices may order that any motion or other proceeding be heard or reheard by the Supreme Court en banc. Such hearing or rehearing is not favored and ordinarily will not be ordered except:

  1. When consideration by the full Court is neces- sary to secure or maintain uniformity of its de- cisions, or

  2. When requested by the Chief Judge of the Dis- trict Court

  3. When the proceedings involves a question of exceptional importance, to the Tribe or Tribal Government.

Section 7-8-610. Suggestion of a Party for Hearing or Rehearing En Banc.

A party may suggest the appropriateness of a hearing or rehearing en banc. No response shall be filed unless the Court shall so order. The clerk shall transmit any such suggestion to the Justices of the Court who are in regular active service but a vote need not be taken to determine whether the cause shall be heard or reheard en banc unless a Justice in regular active service or the Justice who rendered a decision sought to be reheard requests a vote on such a suggestion made by a party.

  1. When the majority of the nine Justices vote that a matter will be heard en banc the cost of the en banc hearing until be appropriated to the par- ties equally at the rate of the current daily Jus- tices pay. Such amount to be paid to the Court Clerk before the conduct of such hearing, unless waived by the Court.

  2. A party may request an appeal hearing en banc by depositing the amount to cover the addition- al Justices, beyond the three Justice panel. The amount deposited shall cover the daily pay rate

of the additional Justices. A request under this provision, where one party assumes the addi- tional costs will ordinarily be granted unless the Justice vote to reject such a request. The moving party under this provision assumes the additional costs of further hearings if they are required by the circumstances of the case.

Section 7-8-611. Time for Suggestion of a Party for Hearing or Rehearing En Banc; Suggestion does not Stay Mandate.

If a party desires to suggest that a motion or proceeding be heard initially en banc, the suggestion must be made by the date the appellee’s brief is filed. A suggestion for rehearing a motion en banc must be made within ten days after notice of the decision of the Justice initially hearing the motion. The pendency of such a suggestion whether or not included in a petition for rehearing shall not affect the finality of the judgment of the Supreme Court or stay the issuance of the mandate.


SECTION SEVEN JUDGMENT

Section 7-8-701. Entry of Judgment.

The notation of a judgment in the docket constitutes entry of the judgment. The Clerk shall prepare, sign and enter the judgment following receipt of the opinion of the Court unless the opinion directs settlement of the form of the judgment, in which event the Clerk shall prepare, sign and enter the judgment following final settlement by the Court. If a judgment is rendered with- out an opinion, the Clerk shall prepare, sign and enter the judgment following instruction from the Court. The Clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or of the judgment if no opinion was written, and notice of the date of entry of the judgment.

Section 7-8-702. Interest on Judgments.

Unless otherwise provided by law, if a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable from the date the judg- ment was entered in the District Court. If a judgment is modified or reversed with a direction that a judgment for money be entered in the District Court the mandate shall contain instruction with respect to allowance of interest.

Section 7-8-703. Damages for Delay.

If the Supreme Court shall determine that an appeal is

frivolous, it may award just damages and single or dou- ble costs to the appellee.

Section 7-8-704. To Whom Costs Allowed.

Except as otherwise provided by law, if an appeal is dis- missed, costs shall be taxed against the appellant unless otherwise agreed by the parties or ordered by the Court; if a judgment is affirmed, costs shall be taxed against the appellant unless otherwise ordered; if a judgment is reversed, costs shall be taxed against the appellee un- less otherwise ordered; if a judgment is affirmed or re- versed in part, or is vacated, costs shall be allowed only as ordered by the Court.

Section 7-8-705. Costs For Or Against the Tribe.

In cases involving the Tribe or an agency or officer thereof, if an award of costs against or for the Tribe is authorized by tribal statute, costs shall be awarded in accordance with the provisions of Section 364, other- wise, costs shall not be awarded against the Tribe or its agencies or officers in their official capacity, provided that cost shall be awarded as a matter of course against a criminal defendant when the conviction is affirmed.

Section 7-8-706. Costs of Briefs, Appendices, and Copies of Records.

Unless otherwise provided by tribal statute or Court rule, the cost of printing, or otherwise producing neces- sary copies of briefs, appendices, and copies of records shall be taxable in the Supreme Court at rates not higher than those generally charged for such work.

Section 7-8-707. Bill Of Costs; Objections; Costs

Inserted In Mandate Or Added Later.

A party who desires such costs to be taxed shall state them in an itemized and verified bill of costs which he shall file with the Clerk, with proof of service, within 14 days after the entry of judgment. Objection to the bill of costs must be filed within 10 days of service un- less the time is extended. The Clerk shall prepare and certify an itemized statement of costs taxed in the Su- preme Court for insertion in the mandate, but the issu- ance of the mandate shall not be delayed for taxation of costs and if the mandate has been issued before final de- termination of costs, the statement, or any amendment thereof, shall be added to the mandate upon request by the Clerk of the Supreme Court to the Clerk.

Section 7-8-708. Costs On Appeal Taxable in the

Tribal District Court.

Costs incurred in preparation and transmission of the record, the cost of the reporter’s transcript, if necessary

for the determination of the appeal, the premiums paid for cost of supersedeas bonds or other bonds to pre- serve rights pending appeal, and the fee for filing the notice of appeal shall be taxed in the District Court as costs of the appeal in favor of the party entitled to costs under this Act.

Section 7-8-709. Petition For Rehearing.

  1. Time For Filing, Content, Answer, Action By Court. A petition for rehearing may be filed within 14 days after entry of judgment unless the time is shortened or enlarged by order of the Court. The petition shall state with particularity the points of law or fact which in the opinion of the petitioner the Court has overlooked or mis- apprehended and shall contain such argument in support of the petition as the petitioner de- sires to present. Oral argument in support of the petition will not be permitted except upon the Court’s own motion. No answer to a petition for rehearing will ordinarily not be granted in the absence of such a request. If a petition for rehearing is granted the Court may make a final disposition of the cause without reargument or may restore it to the calendar for reargument or resubmission or may make such other order as are deemed appropriate under the circumstanc- es of the particular case.

  2. Form of Petition; Length. The petition shall be in a form prescribed by Section 329, and copies shall be served and filed as prescribed by Section 327 for the service and filing briefs. Except by permission of the Court, a petition for rehearing shall not exceed 15 pages.

Section 7-8-710. Issuance of Mandate.

The mandate of the Court shall be issued 21 days after the entry of judgment unless the time is shortened or enlarged by order. A certified copy of the judgment and a copy of the opinion of the Court, if any, and any direc- tion as to costs shall constitute the mandate, unless the Court directs that a formal mandate issue. The timely filing of a petition for rehearing will stay the mandate until disposition of the petition unless otherwise ordered by the Court. If the petition is denied, the mandate shall issue 7 days after entry of the order denying the petition unless the time is shortened or enlarged by order.

Section 7-8-711. Voluntary Dismissal.

  1. Dismissal in The Tribal District Court. If an appeal has not been docketed, the appeal may

    be dismissed by the District Court upon the fil- ing in that Court of a stipulation for dismissal signed by all the parties, or upon motion and notice by the appellant.

  2. Dismissal in The Supreme Court. If the par- ties shall sign and file with the Clerk of the Su- preme Court an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the Clerk shall enter the case dismissed, but no mandate or other process shall issue without an order of the Court. An appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the Court.

Section 7-8-712. Substitution of Parties.

  1. Death of a Party. If a party dies after a notice of appeal is filed or while a proceeding is pending in the Supreme Court, the personal representa- tive of the deceased party may be substituted as a party on motion filed by the representative or by any party. The motion of a party shall be served upon the representative in accordance with the provisions of Sections 302, 303, and

    304. If the deceased party has no representa- tive, any party may suggest the death on the re- cord and proceedings shall then be had as the Supreme Court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the District Court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. Af- ter the notice of appeal is filed substitution shall be effected in the Supreme Court in accordance with this Section. If a party entitled to appeal shall die before filing a notice of appeal, the no- tice of appeal may be filed by his attorney of record within the time prescribed by this Act. After the notice of appeal is filed substitution shall be effected in the Supreme Court in accor- dance with this Section.

  2. Substitution for Other Causes. If substitution of a party in the Supreme Court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in subsection (A).

  3. Public Officers; Death or Separation from Office.

    1. When a public officer is a party to an appeal or other proceeding in the Supreme Court in his official capacity and during its pen- dency dies, resigns, or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.

    2. When a public officer is a party to an appeal or other proceeding in his official capacity he may be described as a party by his offi- cial title rather than by name; but the Court may require that his name be added.

Section 7-8-713 Cases Involving Constitutional or Indian Civil Rights Act Questions Where the Tribe Is Not A Party.

It shall be the duty of a party who draws in question the constitutionality (or unlawfulness under the Indian Civil Rights Act of 1968) of any statutes, ordinance, or other action of the Tribal Legislative Body in any proceeding in the Supreme Court to which the Tribe, or any agency, officer, or employee in their official ca- pacity is not a party, upon the filing of the record, or as soon as the question is raised in the Supreme Court, to give immediate notice in writing to the Court of the existence of they question. The Clerk shall certify such fact to the Tribal Attorney and/or Tribal Prosecutor who may intervene.




CITIZEN POTAWATOMI NATION

ADMISSIONS, PRACTICE AND DISCIPLINE OF ATTORNEYS

TITLE 8




Chapter Rule

  1. ATTORNEYS AND LAY ADVOCATES RULES

    Admission to the Bar 101

    Appearance of Counsel and

    Withdrawal of Counsel 102

    Courtroom Decorum 103

    Attorney Conference With Respect

    to Discovery Motion 104

    Free Press - Fair Trial 105

    Plan of the Tribal Court for the

    Representation Of Indigent Defendants 106

  2. OATH OF ATTORNEY

    CHAPTER ONE ATTORNEYS AND LAY ADVOCATES RULES

    Rule 8-1-101 Admission to the Bar

    1. Roll of Attorney and Lay Advocates. The Bar of this Court shall consist of those attorneys and lay advocates heretofore and those hereafter ad- mitted to practice before this Court, who have taken the oath prescribed by the rules in force at the time they were admitted or the oath pre- scribed by this rule, and have signed the roll of attorneys of this Court.

    2. Procedure for Admission. There is hereby constituted a Committee on Admissions and Grievances, consisting of three member of the Bar of this Court, to be appointed by the Court. Every applicant for admission shall file with the Clerk, on a form prescribed by the Court, a written petition for admission, which shall be referred immediately to the Committee on Ad- missions and Grievances for investigation into the qualifications of the applicant and his fitness to be admitted to the Bar of this Court. The Committee shall report its recommendations in writing to the Clerk of this Court. Upon a fa- vorable report of the Committee, filed with the Clerk, the applicant, if an attorney, may be ad- mitted. Lay Advocates shall be admitted upon examination as described below. An applicant for admission, who has qualified for admission, may, upon request, be admitted upon order of the Court after having filed his oath of attorney without appearing in Court. Any applicant for admission, who has qualified for admission, may appear at any session of Court during its term and be admitted by taking the oath of attor- ney in open Court upon motion of any member of the Bar of this Court.

      It is desired that the procedure for admission by the Committee include a Tribal practice pro- gram which is designed to acquaint the appli- cants with pertinent aspects of practice in this Court, emphasizing the Tribal law and Tribal Court Rules. It is anticipated that this program would be held in the ceremonial courtroom, and would, if possible, include presentations by Court officials and judicial officers. The Court will endeavor to set aside a portion of one day at the beginning of each term of a Tribal prac- tice program which should be attended by those

      expecting to be admitted during that term unless such attendance would create a hardship for the prospective admittee.

      Individual Justices may, from time to time, in emergent situations upon special request admit individual lawyers who have been approved by the Committee. Before being admitted as a member of the Bar of this Court each applicant shall take and subscribe to the oath shown in Exhibit I to these rules.

    3. Eligibility. Any member in good standing of the Bar of the Supreme Court of the United States, or of any United States Court of Appeals, or of any District Court of the United States, or any person appointed as Tribal Justice, Judge, or magistrate, or a member in good standing of the Bar of the highest court of any Indian Tribe or State of the United States, is eligible for ad- mission to the Bar of this Court.

      Any member of a federally recognized Indi- an Tribe shall be eligible for admission as a lay advocate upon successfully taking a com- prehensive examination on the laws and rules applicable in the Tribal Court, which examina- tion shall be promulgated by the Admissions Committee with the approval of the Court, and administered by the Admissions Committee at least once each year or at such other intervals as may be ordered by the Court. Upon receiving a passing score on the examination and show- ing their moral fitness to practice law, such per- sons should receive a favorable report from the Admissions Committee and be admitted to the practice of law in this Court and all inferior Trib- al Courts. Thereafter, such lay advocates shall be held to the same standards, be entitled to the same rights, privileges, obligations, and duties, and be accorded all the honors to the same ex- tent as any attorney admitted to practice before the Courts of the Tribe within this reservation.

    4. Reciprocity. Any attorney who shall have been admitted to practice in any Federal Court with- in this State may be admitted to practice in this Court upon the motion of a member of the Bar, in open Court, and the filing of a written appli- cation without the necessity of appearing before the Admissions Committee.

    5. Attorneys for the United States. Attorneys who are employed or retained by the United States or its agencies may practice in this Court in all cases or proceedings in which they repre- sent the United States or such agencies.

    6. Admission of Non-Resident Attorney for Limited Practice. Any member of the Bar of the Supreme Court of the United States, or of any United States Court of Appeals, or of any District Court of the United States, or of the highest Court of any Indian Tribe or State of the United States, who is a non-resident of the State may be admitted to the Bar of this Court for lim- ited practice upon oral application and without compliance with subsection (B) hereof. Limit- ed practice shall be restricted to appearance and practice in a case or proceeding then on file in the court.

    7. Temporary Admission. Any attorney who ap- pears eligible for admission to the Bar of this Court may in the discretion of a Judge of the District Court or Justice of this Court be grant- ed temporary admission to practice in a pending case.

    8. Withdrawal from Case. In any action, where- in appearance is made through counsel, there shall be no withdrawal by counsel except by leave of Court upon reasonable notice to the cli- ent and all other parties who have appeared in the case. Withdrawal of counsel may be granted subject to the condition that subsequent papers may continue to be served upon the counsel for forwarding purposes or upon the Clerk of the Court, as the Court may direct, unless and until the client appears by other counsel or in pro- pria persona, and any notice to the client shall so state and any filed consent of. the client shall so acknowledge.

    9. Discipline. Any member of the Bar of this Court guilty of a violation of the prescribed oath of office, or of a violation of the disciplinary rules set forth in the Code of Professional Re- sponsibility of the American Bar Association, or of any conduct unbecoming a member of the Bar of this Court, shall be subject to reprimand, suspension, disbarment, or such other disci- plinary action as the Court deems appropriate.

    10. Summary Discipline. For misconduct in the

      presence of the Court, an order may issue forth- with administering such discipline as the Court deems appropriate, including a fine of not to ex- ceed $500.00 or confinement of not to exceed ten (10) days, but summary discipline shall not include the right of the Court to suspend or disbar the offending lawyer from practicing in this Court. An attorney summarily disciplined as herein provided may appeal any punishment imposed hereunder to the Supreme Court, or if summary discipline is administered by a Justice, to the remaining Justices of the Court sitting en banc. The Justice or Judge administering the discipline shall not sit in the hearing of such an appeal. In order to allow such an appeal the discipline imposed will, upon request of the at- torney, and by his posting a supersedeas bond in a reasonable amount to be fixed by the Court, be stayed for seven (7) days to allow such attorney to perfect an appeal. If no written appeal be filed within said seven (7) days, the punishment so imposed shall be forthwith administered un- less in the interim the Judge or Justice impos- ing same has rescinded or modified his original action. Nothing herein provided is intended to preclude the right to the disciplined attorney to appeal direct to the Supreme Court.

    11. Conviction; Discipline in Other Courts. Any member of the Bar of this Court convicted in either federal, state, or tribal court of a felony or other crime punishable by banishment or in- volving moral turpitude, and any member dis- barred or suspended from practice in any Court of competent jurisdiction, shall be suspended automatically from practice in this Court and may be reinstated, excepting however that in the event the discipline imposed in the other ju- risdiction has been stayed there the discipline imposed in this Court shall likewise be deferred until such stay expires in the other jurisdiction. And provided further however that in the event a member of the Bar of this Court is disciplined in some other jurisdiction and this Court deter- mines upon the face of the record upon which the discipline in another jurisdiction is predicat- ed it clearly appears:

      1. That the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or

      2. that there was such a infirmity of proof es- tablishing the misconduct as to give rise to the clear conviction that the Court could not, consistent with its duty, accept as final the conclusion on that subject; or

      3. that the imposition of the same discipline by the Court would result in grave injustice; or

      4. that the misconduct established is deemed by the Court to warrant substantially differ- ent discipline,

        then and in either of such events said attorney shall not be automatically similarly disciplined in this Court.

        An attorney of this Bar who is under investiga- tion for misconduct, or who is facing disbarment proceedings in any Court of competent jurisdic- tion, who resigns from the Bar of the investigat- ing jurisdiction, or who voluntarily permits his license to practice therein to terminate, shall be, by this Court, deemed to have been disbarred in the other jurisdiction and shall forthwith be disbarred from practicing in this Court.

    12. Disciplinary Procedures. Proceedings to dis- cipline a member of the Bar of this Court, ex- cept as set forth in paragraphs (J) and (K) here- of, shall be upon an order to show cause issued by the Court, reciting the charges and fixing notice of the date of hearing (which shall not be less than thirty (30) days from the date of the notice), and reciting the place of the hearing and such hearing procedures as may be reasonable and consistent with due process. Notice to the attorney shall be made by personal service or by registered or certified mail, addressed to the respondent-attorney at his last known address. The Court may, in its discretion, refer any Bar disciplinary matter to its Committee on Admis- sions and Grievances for proper investigation and recommendation to the Court, either before or after issuance of an order to show cause. The recommendation of the Committee on Admis- sions and Grievances, if same suggests disbar- ment or us suspension, shall not be adopted until the procedure set forth above has been followed. Any attorney disbarred or suspended pursuant to these rules may apply to the Court for leave to petition for reinstatement.

Rule 8-1-102 Appearance of Counsel and Withdrawal of Counsel

  1. Appearance. Any attorney appearing for a de- fendant in a civil or criminal case shall enter his appearance by signing and filing a pleading or by entry of appearance on a form prescribed by the Clerk of this Court. In the event a plain- tiff should change counsel or add additional counsel, the new or additional counsel for such plaintiff shall enter his appearance on a form to be provided by the Clerk for that purpose. Counsel of record in any case shall be permitted to withdraw conformably to Rule 101 (H) only by order of the Judge to whom the case is as- signed.


  2. Certificate of Familiarity With Local Court Rules. Every person, upon entering an appear- ance in any case of proceeding in this Court, or upon first tendering for filing any pleading or paper therein, shall be required to certify that such person has received, read and is familiar with the current Rules of this Court, specifical- ly including all of the most recent published amendments to them.

Such certification shall be required before any such entry of appearance, pleading or paper shall be filed by the clerk, provided however, for good cause shown, the Clerk may in his discretion receive and file any such matter on condition that the required certificate be filed within ten (10) days thereafter, failing in which the matter so filed shall be stricken.

The same certification shall also be required of every other person thereafter participating in such cause or proceeding.

The Clerk shall keep a master file of all such certificates. Once a person has so certified his familiarity, he shall not be required to do so in a subsequent cases unless required by order of the Court. A Judge of this Court may authorize the Clerk to waive the requirement as to certain persons or categories of persons when such will best serve the administration of Justice.

Rule 8-1-103 Courtroom Decorum

  1. The Canon of Professional Ethics were adopted by the American Bar Association and this Court

    as a general Guide, because as stated in the pre- amble of the American Bar Association Canons, “No code or set of rules can be framed, which will particularize all the duties of the lawyer in the varying phases of litigation or in all the rela- tions of professional life.” The preamble further admonishes that “the enumeration of particular duties should not be construed as a denial of the existence of other equally imperative, though not specifically mentioned.” In that spirit, all lawyers should become familiar with their du- ties and obligations as defined and classified generally in the Canons, the common law deci- sions, the statutes and the usages, customs, and practice of the bar of this Court. These Canons, and the statutes and common law of the Tribe relating to attorney conduct, are applicable to all attorneys and lay advocates who practice be- fore this Court.

  2. The purpose of this rule is to emphasize, not to supplant, certain portions of those ethical principles applicable to the lawyer’s conduct in the courtroom. In addition to all other require- ments, therefore, lawyer’s appearing in this Court shall:

    1. Be punctual in attendance at Court.

    2. Refrain from addressing one another in Court by their first names.

    3. Refrain from leaving the courtroom while Court is in session, unless it is absolutely necessary, and then only if the Court’s per- mission has been first obtained.

    4. See that only one of them is on his feet at a time unless an objection is being made.

    5. Refrain from approaching jurors who have completed a case unless authorized by the Court.

    6. Avoid approaching the bench as much as possible. In this connection, counsel should try to anticipate questions which will arise during the trial, and take them up with the Court and opposing counsel in chambers. If however, it becomes necessary for an attor- ney to confer with the Court at the bench, the Court’s permission should be obtained, and opposing counsel should be openly in- vited to accompany him.

    7. Refrain from employing dilatory tactics.

    8. Deliver jury arguments from the lectern placed in a proper position facing the jury. If it is necessary to argue from an exhibit, the Court will, upon request, grant permis- sion to do so.

    9. Hand all papers intended for the Court to see to the Clerk, who, in turn will pass them up to the Judge.

    10. Hand to the Clerk, rather than the Court Reporter, any exhibits to be marked which have not previously been identified.

    11. Advise clients, witnesses, and other inter- ested persons concerning rules of decorum to be observed in Court.

    12. Stand and use the lectern when interrogat- ing witnesses, unless otherwise instructed by the Court. However, when interrogating a witness concerning an exhibit the Court may, upon request, grant permission to ap- proach the witness stand or the exhibit, as the case may be, for that purpose.

    13. Never conduct or engage in experiments in- volving any use of their own persons or bod- ies except to illustrate in argument which has been previously admitted in evidence.

    14. Not conduct a trial when they know, prior thereto, that they will be necessary witness, other than as to merely formal matters such as identification or custody of a document or the like. If, during the trial, they discov- er that the ends of justice require their tes- timony, they should from that point on, if feasible and not prejudicial to their client’s case, leave further conduct of the trial to other counsel. If circumstances do not per- mit withdrawal from the conduct of the trial, lawyers should not argue the credibility of their own testimony.

    15. Avoid disparaging personal remarks or acri- mony toward opposing counsel and remain wholly uninfluenced by any ill-feeling be- tween the respective clients. They should abstain from any allusion to personal pe- culiarities and idiosyncrasies of opposing counsel.

    16. Rise when addressing, or being addressed by the Court.

    17. Refrain from assuming an undignified pos- ture. They should always be attired in a proper and dignified manner as befits an of- ficer of the Judicial Branch of the Govern- ment and should abstain from any apparel or ornament calculated to attract attention to themselves.

    18. Comply, along with all other persons in the courtroom, with the following:


      1. No tobacco in any form will be per- mitted at any time.

      2. No propping of feet on tables or chairs will be permitted at any time.

      3. No bottles, beverage containers, paper cups or edibles should be brought into the courtroom, except with permission of the bailiff.

      4. No gum chewing or reading of news- papers or magazines (except as a part of the evidence in a case) will be per- mitted while Court is in session.

      5. No talking or other unnecessary nois- es will be permitted while Court is in session.

      6. Everyone must rise when instructed to do so, upon opening, closing, or de- claring recesses of Court.

      7. All male lawyers and male Court per- sonnel must wear both coats and ties, women lawyers and women Court personnel must be suitably attired.

      8. Any attorney who appears in Court intoxicated or under the influence of intoxicants, drugs or narcotics may be summarily held in contempt.


Rule 8-1-104 Attorney Conference With Respect To Discovery Motions

With respect to all motions or objections relating to discovery, the Tribal District Court shall refuse to hear any such motion or objection unless counsel for the movant shall first advise the Court in writing that he

has conferred in good faith with opposing counsel, but that, after a sincere attempt to resolve differences has been made, the attorneys have been unable to reach an accord.

Rule 8-1-105 Free Press - Fair Trial

  1. It is the duty of the lawyer or law firm not to release or authorize the release of information or opinion which a reasonable person would ex- pect to be disseminated by any means of public communication, in connection with pending or imminent criminal litigation with which a law- yer or a law firm is associated, if there is a rea- sonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice.

  2. With respect to a pending investigation of any criminal matter, a lawyer participating in or associated with the investigation shall refrain from making any extrajudicial statement which a reasonable person would expect to be dissem- inated, by any means of public communication, that goes beyond the public record or that is not necessary to inform the public that the inves- tigation is underway, to describe the general scope of the investigation, to obtain assistance in the apprehension of a suspect, to warn the public of any dangers, or otherwise to aid in the investigation.

  3. From the time of arrest, issuance of an arrest warrant or the filing of a criminal complaint in any criminal matter until the commencement of trial or disposition without trial, a lawyer or law firm associated with the prosecution or defense shall not release or authorize the release of any extrajudicial statement which a reasonable per- son would expect to be disseminated by any means of public communication, relating to that matter and concerning:

    1. The prior criminal record (including arrests, indictments, or other charges of crime), or the character or reputation of the accused, except that the lawyer or law firm may make a factual statement of the accused’s name, age, residence, occupation, and family status and, if the accused has not been apprehend- ed, a lawyer associated with the prosecution may release any information necessary to aid in his apprehension or to warn the public of any dangers he may present;

    2. The existence or contents of any confes- sion, admission, or statement given by the accused, or the refusal or failure of the ac- cused to make any statement;

    3. The performance of any examinations or tests or the accused’s refusal or failure to submit to an examination or test;

    4. The identity, testimony, or credibility of pro- spective witnesses, except that the lawyer or law firm may announce the identity of the victim if the announcement is not otherwise prohibited by law;

    5. The possibility of a plea of guilty to the of- fense charged or a lesser offense;

    6. Any opinion as to the accused’s guilt or in- nocence or as to the merits of the case or the evidence in the case.

  4. The foregoing shall not be construed to preclude the lawyer or law firm during this period, in the proper discharge of his or its official or profes- sional obligations, from announcing the fact and circumstances of arrest (including time and place of arrest, resistance, pursuit, and use of weapons), the identity of the investigating and arresting officer or agency, and the length of the investigation; from making an announcement, at the time of seizure of any physical evidence other than a confession, admission or statement, which is limited to a description of the evidence seized; from disclosing the nature, substance, or text of the charge, including a brief description of the offense charged; from quoting or refer- ring without comment to public records of the Court in the case; from announcing the sched- uling or result of any stage in the judicial pro- cess; from requesting assistance in obtaining evidence; or from announcing without further comment that the accused denies the charges made against him.

  5. During a jury trial on any criminal matter, in- cluding the period of selection of the jury, no lawyer or law firm associated with the prosecu- tion or defense shall give or authorize any ex- trajudicial statement or interview relating to the trial or the parties or issues in the trial, which a reasonable person would expect to be dissem- inated by means of public communication if there is a reasonable likelihood that such dis-

    semination will interfere with a fair trial, except that the lawyer or law firm may quote from or refer without comment to public records of the Court in the case.

  6. Nothing in this Rule is intended to preclude the formulation or application of more restric- tive rules relating to the release of information about juvenile or other offenders, to preclude the holding of hearings or the lawful issuance of reports by legislative, administrative, or in- vestigative bodies, or to preclude any lawyer from replying to charges of misconduct that are publicly made against him.

  7. All Court supporting personnel, including among others, Tribal and Bureau of Indian Af- fairs Police and their deputies, marshals, deputy marshals, court clerks, deputy court clerks, bai- liffs, court reporters and employees or subcon- tractors retained by the court-appointed official reporters, are hereby prohibited from disclos- ing to any person, without authorization by the Court, information relating to a pending crimi- nal case that is not a part of the public records of the Court. Such personnel are also forbidden from divulging information concerning in cam- era arguments and hearings held in chambers or otherwise outside the presence of the public.

  8. In a widely publicized or sensational civil or criminal case, the Court, on motion of either party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses likely to in- terfere with the rights of the accused to a fair tri- al by an impartial jury, the seating and conduct in the courtroom of spectators and news media representatives, the management and sequestra- tion of jurors and witnesses, and any other mat- ters which the Court may deem appropriate for inclusion in such an order.

    Such a special order may be addressed to some or all of the following subjects:

    1. A proscription of extrajudicial statements by participants in the trial (including lawyers, parties, witnesses, jurors and court officials) which might divulge prejudicial matter not of public record in the case.

    2. Specific directives regarding the clearing of entrances to and hallways in the courthouse and respecting the management of the jury

      and witnesses during the course of the tri- al, to avoid their mingling with or being in the proximity of reporters, photographers, parties, lawyers and others, both in entering and leaving the courtroom or courthouse and during recesses in the trial.

    3. A specific direction that the jurors refrain from reading, listening to, or watching news reports concerning the case, and that they similarly refrain from discussing the case with anyone during the trial and from communicating with others in any manner during their deliberations.

    4. Sequestration of the jury on motion of either party or by the Court, without disclosure of the identity of the movant.

    5. Direction that the names and addresses of jurors or prospective jurors not be public- ly released except as required by the Tribal Court, and that no photograph be taken or sketch made of any juror within the envi- rons of the Court.

    6. Insulation of witnesses during the trial.

    7. Specific provisions regarding the seating of spectators and representatives of news me- dia, including:

      1. An order that no member of the public or news media representative be at any time permitted within the bar railing;

      2. The allocation of seats to news media representatives in cases where there are an excess of requests, taking into account any pooling arrangement that may have been agreed to among the newsmen.

  9. The taking of photographs and operation of tape recorders in the courtroom or its environs and radio or television broadcasting from the court- room or its environs during the progress of or in connection with judicial proceedings, including proceedings before a Tribal judge, whether or not Court is actually in session, is prohibited. A Judge may, however, permit (1) the use of elec- tronic or photographic means for the presenta- tion of evidence or the perpetuation of a record,

    (2) the broadcasting, televising, recording, or photographing of investitive, ceremonial, or

    similar proceedings, and (3) the use of electron- ic or photographic equipment including record- ing apparatus by tribal officers or employees ion the regular course of their business within their normal area of operation within the Court- house when such will not interfere with the trial of the case.

  10. As used in this Rule the term “environs” means any place in or near the tribal courtroom, or within the building in which the tribal court- room is situated.

Rule 8-1-106 Plan of the Tribal Court for the Representation of Indigent Defendants

  1. For Whom Appointed. As designated and provided by the Tribal Court for criminal defen- dants, and parents, and children in child custody actions when such persons are found to be finan- cially unable to obtain adequate representation, and free representation is available, or when the Court has adequate funds, not otherwise obli- gated, to pay for such representation.

  2. Appointment Panel. Private attorneys will be appointed by the Judges of this Court. Said ap- pointments shall be made on a rotational basis, subject to the Court’s discretion to make excep- tions due to the nature and complexity of the case, an attorney’s experience, and geographi- cal considerations. Periodically as necessary, the panel will be republished by the Judges of this Court. If sufficient attorneys volunteer to be placed on this panel to satisfy the needs of the Court for representation of indigent persons and children, other attorneys may be excused from service on the panel, provided, that the Court may still request the assistance of such attorneys if necessary or useful to the Court.

  3. Pay. Appointees may be compensated at a rate determined by a Judge of this Court but not to exceed $30.00 per hour for time expended in court and $20.00 per hour for time expended out of court in addition to reasonable expenses as determined by a Judge of this Court as the Court budget and court fund will allow. The compensation for legal services shall not exceed

    $1,000.00 for an attorney in a case in which a crime punishable by banishment is charged, or in termination of parental rights cases, includ- ing all representation before the Supreme Court

    through appeal of the case, and shall not exceed

    $400.00 for an attorney in a case in which a misdemeanor is charged including all represen- tation before the Court through appeal of the case. Compensation in post-conviction cases, probation and parole revocation hearings and material witness matters shall not in any event exceed $250.00 per attorney per case. In all events, the compensation paid shall be in that amount approved by a Judge of this Court.

  4. Claims. Standard forms shall be used through- out and claims for legal compensation and ex- penses and for services other than counsel shall be submitted within 45 days after services are completed.

  5. Obligation of Court-Appointed Counsel to Disclose Client’s Assets. If at anytime after appointment, counsel obtains information that a client is financially able to make payment, in whole or in part, for legal or other services in connection with his or her representation, and the source of the attorney’s information is not protected as a privileged communication, coun- sel shall advise the Court.

  6. Refusal to Represent Indigents. An attorney who neglects or refuses to serve as counsel for an indigent or child in this Court when duly ap- pointed so to do so by either a Judge or a Mag- istrate may have his name removed from the list of those admitted to practice law in this Court, provided, that no attorney shall be required, without his consent, to represent more than one person each calendar year without receiving compensation therefore as provided in para- graph (v) of this rule. For good cause shown, the Court may excuse as attorney from an ap- pointment although such action is not favored. No Government attorney shall be appointed in any such cases.

  7. Persons Obligated To Refund Court Fund For Attorney Fees Or Pay Attorneys.

Every indigent person, and the parents of every child, for whom, a court appointed attorney is obtained, shall be liable to the Tribe for all sums paid to their court appointed counsel as fees and expenses in the action, or all sums which the court, upon motion of appointed counsel, taxes against that person as the fair costs of such rep-

resentation at the conclusion of the case, which amount shall not exceed the amount which the Court would have paid from the court fund or court budget if funds for payment had been available. This liability may be enforced, by motion filed in the case by the parties attorney, the Tribal Attorney, or Tribal District Attorney, at any time after the amount of such attorneys fees and costs have been set by the Court, and process may be issued as in civil cases to en- force this liability. All amounts recovered shall be repaid into the Court fund or Court budget, and if the attorney has not received payment for his fees and costs, the Clerk of the Court shall forthwith pay over to the attorney such amount as he is entitled to pursuant to the order of the Court setting the attorney fees and costs.


CHAPTER TWO OATH OF ATTORNEY

I do solemnly swear:

I will support the Constitution of the United States, and the Constitution of the Tribe. I will maintain the respect due to Courts of justice and judicial officers.

I will be bound by the Code of Professional Re- sponsibility of the American Bar Association and will conduct myself in compliance therewith at all times.

I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law.

I will employ for the purpose of maintaining the causes confided to me such mans only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law.

I will maintain the confidence and preserve invio- late the secrets of my client, and will accept no com- pensation in connection with a client’s business except from the client or with the client’s knowledge and ap- proval.

I will abstain from all offensive personalities, and advance no facts prejudicial to the honor or reputation of a party or a witness, unless required by the justice of the cause with which I am charged.

I will never reject, for any consideration personal to myself, the cause of the defenseless or oppressed, or delay any person’s causes for lucre or malice. So help me God.



CITIZEN POTAWATOMI NATION

EXECUTIVE BRANCH

TITLE 6




RESERVED



CITIZEN POTAWATOMI NATION

JUDICIARY AND APPELLATE PROCEDURE

TITLE 7




Chapter Section

Authorization 001

Definitions 002

Territorial Jurisdiction 003

Civil Jurisdiction 004

Criminal Jurisdiction 005

Probate Jurisdiction 006

Juvenile Jurisdiction 007

Law to be Applied 008

Amendments 009

  1. EQUITABLE POWERS

    Citation 101

    Purpose 102

    Equitable Powers Doctrine 103

  2. DISTRICT COURT

    Judges of the District Court 101

    Minimum Qualifications of Judge

    of the District Court 102

    Manner of Selection of Justices and Judges 103

    Term of Office 104

    Oath of Office 105

    Duties and Powers of Judges 106

    Special Appointments 107

    Compensation of Judges 108

    Removal of Judges 109

    Disqualifications, Conflict of Interest 110

    Decisions 111

    Records 112

    Files 113


    Motion Day

    114

    Reserved

    115-119

    Practice Before the Trial Court

    120


  3. SUPREME COURT

    General Provisions 101

    Composition of the Supreme Court 102

    Minimum Qualifications of Justices 103

    Selection of Justices 104

    Term of Office 105

    Oath of Office 106

    Duties and Powers of Justice 107

    Reserved 108

    Compensation of Justices 109

    Removal of Justices 110

    Disqualifications, Conflict of Interest 111

    Decisions 112

    Rules of the Court 113

    Special Appointments 114

    Supreme Court’s Action on Appeals 115

    Terms of the Court 116

    Court Fund 117


  4. COURT CLERK

    Establishment 101

    Clerk to Serve Supreme and District Courts 102 Clerk as Department Director 103

    Powers and Duties 104

    Seal 105

    Certification of True Copies 106

    Courts Always Open 107

    Trials and Hearings – Orders in Chambers 108 Clerk’s Office and Orders by the Clerk 109

    Notice of Orders or Judgments 110

    Books and Records Kept by the Clerk

    And Entries Therein 111

    Stenographic Report or Transcript

    as Evidence 112

    Judgment Docket 113

    Execution Docket 114

    Clerk May Collect Judgment and Costs 115


    Reserved

    116-122

    Clerk to Provide Statistical and Other Information


    123

    Reserved

    124-125


  5. CHIEF OF THE TRIBAL POLICE - PROCESS

    Reserved 101

    Appointment of Substitute for

    Tribal Police Chief 102

    Tribal Police Chief to Indorse Time of

    Receipt on Process 103

    Tribal Police Chief to Execute

    and Return Process 104

    When Baliff or Tribal Police

    Chief May Adjourn Court 105

    Reserved 106

  6. BONDS AND SURETIES

    Justification of Surety 101

    Qualifications of Surety 102

    Real Estate Mortgage as Bond 103

    Valuation of Real Estate 104

    False Valuation - Penalty 105

    Action by Tribal Department - No

    Bond Required 106

    Appearance Bond - Enforcement 107

  7. MISCELLANEOUS

    Deputy May Perform Official Duties 101

    Affirmation 102

    Publications in “Patent Insides” 103

    Action on Official Bond 104

    May Be Several Actions on Same Security 105

    Immaterial Errors to be Disregarded 106

    Payments Into Court for Minors

    and Incompetents 107

    Conserving Moneys Obtained for

    Minors or Incompetent Persons 108

    Sharing of Judicial Officers 109

    Sharing of Other Judicial Personnel 110

    Sharing of Material Resources 111

    Sharing of Financial Resources 112

    Indians Employed in the Indian Services 113

    Copies of Laws 114

    Co-operation by Federal Employees 115

    Effect of Prior Decisions of the Court 116

    Judicial Review of legislative and

    Executive Actions 117

    Action When No Procedure Provided 118


  8. APPELLATE PROCEDURE

    Scope and Applicability of Rules 001

    Suspension and Revision of Rules 002

    Discretionary Authority 003

    Authority 004

    SECTION ONE

    APPEALS FROM JUDGMENTS AND ORDES OF THE TRIBAL COURT

    Appeal as of Right – How Taken 101

    Appeal as of Right – When Taken 102

    Interlocutory Appeals in Civil Actions 103

    Interlocutory Appeals in Criminal Action 104

    Appeals by the Tribe in Criminal Action 105

    Bond For Costs on Appeal in Civil Cases 106

    Stay or Injunction Pending Appeal 107

    Release in Criminal Cases 108

    The Record on Appeal 109

    Transmission of Record` 110

    Docketing the Appeal; Filing the Record 111

    SECTION TWO HABEAS CORPUS

    Habeas Corpus Proceedings 201

    Transfer of Custody Pending Review 202

    Detention or Release Pending Review of Decision Failing to Release 203

    Detention or Release Pending Review of Decision Ordering Release 204

    Modification of Initial Order

    Respecting Custody 205


    SECTION THREE

    PROCEEDINGS IN FORMA PAUPERIS

    Leave From Tribal District Court to

    Proceed To Supreme Court 301

    Special Rule for Parties Previously Granted. Permission to Proceed in Forma Pauperis 302

    Remedy for Denial of Motion by

    Tribal District Court 303

    SECTION FOUR GENERAL PROVISIONS

    Filing and Service 401

    Service of All Papers Required 402

    Manner of Service 403

    Proof of Service 404

    Computation of Time 405

    Enlargement of Time 406

    Additional Time after Service by Mail 407

    SECTION FIVE MOTIONS AND BRIEFS

    Content, Response, and Reply to Motions 501

    Determination of Motions for

    Procedural Orders 502

    Power of a Single Judge to

    Entertain Motions 503

    Form of Papers; Number of Copies 504

    Brief of Appellant 505

    Brief of Appellee 506

    Reply Brief 507

    References in Briefs to Parties 508

    References in Briefs to the

    Record and Statutes 509

    Length of Briefs 510

    Briefs in Cases Involving Cross Appeals 511

    Briefs and Cases Involving

    Multiple Appellants Or Appellees 512

    Citation of Supplemental Authorities 513

    Brief of an Amicus Curiae 514

    Appendix to the Briefs 515

    Time for Filing and Service of Briefs 516

    Number of Copies to be Filed and Served 517

    Consequence of Failure to File Briefs 518

    Form of Briefs, the Appendix

    and Other Papers 519

    Form of Other Papers 520

    SECTION SIX ARGUMENT

    Prehearing Conference 601

    Oral Argument in General 602

    Notice of Argument; Postponement 603

    Order and Content of Argument 604

    Cross and Separate Appeals 605

    Non-appearance of Parties 606

    Submission on the Briefs 607

    Use of Physical Exhibits at

    Argument; Removal 608

    When Hearing or Rehearing En

    Banc Will Be Ordered 609

    Suggestion of a Party for Hearing

    or Rehearing En Banc 610

    Time for Suggestion of a Party for

    Hearing or Rehearing En Banc; Suggestion Does Not Stay Mandate 611

    SECTION SEVEN JUDGMENT

    Entry of Judgment 701

    Interest on Judgments 702

    Damages for Delay 703

    To Whom Costs Allowed 704

    Costs For or Against the Tribe 705

    Costs of Briefs, Appendices and

    Copies of Records 706

    Bill of Costs; Objections; Costs Inserted

    in Mandate Or Added Later 707

    Costs on Appeal Taxable in the

    Tribal District Court 708

    Petition for Rehearing 709

    Issuance of Mandate 710

    Voluntary Dismissal 711

    Substitution of Parties 712

    Cases Involving Constitutional or

    Indian Civil Rights Act; Questions Where

    the Tribe is Not a Party 713

    PREFACE

    Section 7-0-001 Authorization

    There is hereby established, ordained and activated pursuant to the Constitution of the Tribe A Judicial Branch of the Government with a lower Court known as the District Court and an upper Court known as the Supreme Court

    Section 7-0-002 Definitions

    The following words have the meanings given below when used in this Act, unless a different meaning is ob- vious from the context:

    1. “Clerk” shall mean the Clerk of the Court.

    2. “Code: shall mean the Statutory laws of the Tribe.

    3. “Constitution” shall mean the Constitution of the Tribe.

    4. “District Court” shall mean the lower or general trial Court operating within the jurisdiction of the Tribe.

    5. “Jurisdiction” shall mean the jurisdiction as es- tablished by the Tribal Court.

    6. “Supreme Court” shall mean the Court to which appeals may be taken from the District Court. The judicial decisions of the Supreme Court are final and are not subject to further appeal.

Section 7-0-003 Territorial Jurisdiction

The Territorial Jurisdiction of the Courts shall extend to all territory described as Indian Country within the meaning of Section 1151 of Title 18 of the United States Code over which the Tribe has authority, includ- ing tribal or individual, trust, non-trust and restricted land, and including all land owned by tribal agencies in their own name, all waters, minerals and wildlife, and any other such land, or interest in land, which may be subsequently acquired by virtue of Executive Order, a declaration or regulation of the United States Depart- ment of Interior, a declaration or order of a Court of competent jurisdiction, by purchase, gift, relinquish- ment, or by any other lawful means.

Section 7-0-004 Civil Jurisdiction

The Courts shall have general civil jurisdiction over all civil actions arising under the constitution, laws, or treaties of the Tribe including the tribal common law, over all general civil claims which arise within the trib- al jurisdiction, and over all transitory claims in which the defendant may be served within the tribal jurisdic-

tion. Personal jurisdiction shall exist over all defen- dants served within the territorial jurisdiction of the Court, or served anywhere consistent with tribal law, and all persons consenting to such jurisdiction. The act of entry within the territorial jurisdiction of the Court shall be considered consent to the jurisdiction of the court with respect to any civil action arising out of such entry. The act of entry upon the territorial jurisdiction by an extraterritorial seller, merchant or their agent(s) shall be considered consent by the seller or merchant to the jurisdiction of this Court for any dispute arising out of any sale or commercial transaction regardless of where the sale or transaction was entered into or took place.

Section 7-0-005 Criminal Jurisdiction

The Courts shall have original jurisdiction over all criminal offenses enumerated and defined in any ordi- nance adopted by the Tribe insofar as not prohibited by federal law.

Section 7-0-006 Probate Jurisdiction

To the extent permitted by federal law the Courts shall have probate jurisdiction over all the real and personal property located within the jurisdiction of the Court at the time of death, and the personal property, wherev- er located, of any person who is domiciled within the boundaries of the jurisdiction of the Court at the time of death.

Section 7-0-007 Juvenile Jurisdiction

The Juvenile Division of the District Court shall have exclusive original jurisdiction in all proceedings and matters affecting dependent or neglected children, chil- dren in need of supervision, or children under the age of eighteen (18) accused of crime, when such children are found within the jurisdiction of the Court, or when jurisdiction is transferred to the Court. The Supreme Court shall hear appeals in juvenile cases as in other civil actions.

Section 7-0-008 Law to be Applied

The Courts shall apply the Tribal Constitution, and the provisions of all statutory law. In matters not covered by Tribal Statute, the Court shall apply traditional tribal customs and usages, which shall be called the Com- mon Law. When in doubt as to the Tribal Common Law, the Court may request the advice of counselors and tribal elders. In any dispute not covered by the Tribal Constitution, Tribal Statute, or Tribal Common Law, the Court may apply any laws of the United States

or any State which would be cognizable in the courts of general jurisdiction therein, and any regulation of the Department of Interior which may be of general or spe- cific applicability.

The Courts shall apply the Tribal Constitution, and the provisions of all statutory law. In matters not covered by Tribal Statute, the Court shall apply traditional tribal customs and usages, which shall be called the Common Law. When in doubt as to the Tribal Common Law, the Court may request the advice of counselors and tribal elders. In any dispute not covered by the Tribal Con- stitution, Tribal Statute, or Tribal Common Law, the Court may apply any laws of the United States or any State which would be cognizable in the courts of gen- eral jurisdiction therein, and any regulation of the De- partment of Interior which may be of general or specific applicability.

The order of precedence in which the Courts shall apply the law is as follows:

  1. the Tribal Constitution,

  2. Tribal Statute,

  3. Tribal traditional custom and usage (Common Law),

  4. Federal law,

  5. State laws applicable to tribal sovereign land under the Major Crimes Act,

  6. delegations of regulatory authority by Federal Statute.

The Tribal Courts may request the counsel of Tribal Elders and Counselors as well as consider any prec- edents established under State Courts and State Law. The laws of the United States as interpreted by the United States Supreme Court are binding and en- forceable in Tribal Court. Federal law that has been interpreted by the lower federal courts that is in con- flict with tribal statute and the rulings of other lower federal courts may be considered by the Tribal Court in a manner most beneficial to the Citizen Potawatomi Nation (Most Favorable Precedent).

The Indian Civil Rights Act of 1968, 25 U.S.C. §§ 1301 et seq., provides that no Indian Tribe exercising powers of self-government shall fail to provide certain guarantees contained in the United States Constitution, including, but not limited to, the right of free exercise of religion, the right of freedom of speech, assembly, and petition, the right to equal protection of the laws, and the right against deprivation of liberty or property

without due process of law. These guarantees are also enshrined in Article 16 of the Citizen Potawatomi Na- tion Constitution. The Citizen Potawatomi Nation Code shall be construed by the Courts to provide the guaran- tees identified in the Indian Civil Rights Act, as defined by the United States Supreme Court.

Enacted by Ordinance #17-06 by the Citizen Potawatomi Legislature on December 8, 2016.


Section 7-0-009 Amendments

The Tribal Legislative Body shall have the authority to alter, amend, or repeal any of this Act.


CHAPTER ONE EQUITABLE POWERS DOCTRINE

Section 7-1-101 Citation

This chapter may be cited as Defining the Existing Eq- uitable Powers Doctrine of the Citizen Potawatomi Na- tion Tribal Court.

Section 7-1-102 Purpose

The Citizen Potawatomi Nation recognizes that the Tribal Court has had equitable powers to enforce its or- ders from inception, and to cite persons for both direct and indirect contempt of court. Indirect contempt of court consists of a willful disobedience of any process or order lawfully issued or made by court; and/or resis- tance willfully offered by any person to the execution of a lawful order or process of a court.

Section 7-1-103 Equitable Powers Doctrine

The Court is vested and has been vested with the pow- er and authority, in a civil matter properly before the Court, to cite an individual for indirect contempt when they fail to execute, follow or obey an Order of the Court concerning payment, action or any inaction as re- quired by Court Order regardless of the physical loca- tion of such acts. The respondent to a citation for con- tempt shall be entitled to a show cause hearing within ten (10) days of the issuance of a citation, at which time they will be advised of their rights and a plea taken. Upon a guilty plea the Court may proceed with sentenc- ing as appropriate in the discretion of the Court, limited to Five Thousand Dollars ($5,000.00) and/or a year in prison.

CHAPTER TWO DISTRICT COURT

Section 7-2-101 Judges of the District Court

The District Court shall consist of the Chief Judge, and such District Judges, and Special Judges as may be ap- pointed.

Section 7-2-102 Minimum Qualifications of Judge of the District Court

A Judge shall:

  1. Be either:

    1. An enrolled member of the Tribe, or

    2. The parent, child, or spouse of an enrolled member of the Tribe, or

    3. Domiciled within the territorial jurisdiction of the Tribe, or

    4. An attorney, or

    5. A lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of five years, or

    6. An Indian graduate of an American Bar As- sociation approved Law School, or a Para- legal program approved by the Supreme Court; and

  2. Have demonstrated moral integrity and fairness in his business, public and private life, and

  3. Have never been convicted of a felony or an offense punishable by banishment, whether or not actually imprisoned or banished, and have not been convicted of any offense, except traffic offenses, for a period of two years next preced- ing his appointment. The two year period shall begin to run from the date the person was un- conditionally released from supervision.

  4. Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents.

  5. Be older than twenty-five (25).

  6. Not be the holder of any other elective Trib- al Office, provided, that the holder of elective Tribal Office, may be confirmed upon their res- ignation.

  7. if less than fifty (50), have completed at least thirty (30) semester credit hours at an accred- ited college or university, or at least two years

of previous experience as a Judicial Officer for some recognized Court.

Section 7-2-103 Manner of Selection of Justices and Judges

Justices and Judges of the Tribe shall be nominated by the Chief Executive Officer and confirmed by the Tribal Legislative Body upon a vacancy occurring in a judicial office in the following manner:

  1. Within thirty days after a vacancy the Chief Executive Officer shall cause a notice of the vacancy to be published once in the Tribal newspaper and once each week for two (2) con- secutive weeks in a newspaper of general cir- culation in the tribal jurisdiction. Copies of the notice shall be posted at the Tribal Office, and such other places as the Chief Executive Officer shall direct. The notice shall direct that inqui- ries, nominations and applications be directed to the Tribal Secretary who shall keep a perma- nent record of responses.

  2. No sooner than twenty (20), nor more than thir- ty (30) days after the last required notice, the Secretary shall deliver the names and files of all persons nominated or applying to Chief Execu- tive Officer, who shall select no more than three qualified candidates for each vacancy and place the candidate(s) on the agenda of the next reg- ular or special meeting of the Tribal Legislative Committee.

  3. The Tribal Legislative Body shall review the nominees, and may interview nominees. The Tribal Legislative Body shall give preference to candidates who:

    1. have more formal education and experience in the legal field.

    2. by written examination conducted by the Supreme Court or by interview have shown that they are familiar with the Constitution, Code and Common laws of the Tribe.

    3. have demonstrated decision making ability.

    4. agree to participate in a program of study provided by the Tribal Court Administra- tion which reviews concepts of Tribal Sov- ereignty and United States, State and Tribal Court precedents.

  4. If the nominee is confirmed by the Tribal Legis- lative Body, the nominee shall be sworn by the

    Chief Justice, or the next available Justice.

  5. If the nominee(s) is not confirmed, the Chief Executive Officer may either republish the no- tice, or reconsider the candidates. Nomination - Legislative confirmation process shall continue until some nominee be confirmed.

  6. Upon the expiration of a judicial term of office, the Judicial Officer is entitled upon request, filed with the Secretary not less than 150 days prior to the expiration of his term to be considered for confirmation to a new term at the next meet- ing of the Tribal Legislature at which a quorum is present. If the Legislature, a quorum being present, does not confirm the outgoing officer, it shall declare and direct the Chief Executive Officer to begin the selection process. The out- going Judicial Officer’s term shall expire upon confirmation of the new Justice or Judge.

Each person appointed to Tribal Judicial Office by the Tribal Legislature must furnish a standard form of con- sent before the Appointment is confirmed by the Coun- cil of the Citizen Potawatomi Nation by majority vote in a General or Special Election held for that purpose. To wit:

JUDICIAL APPOINTMENT CONSENT FORM

“I, (Appointee’s Name) do hereby accept ap-

pointment by the Tribal Legislature of the Cit- izen Potawatomi Nation to the office of (Su- preme Court Justice or District Court Judge) for a term of (number of)_ years and consent to confirmation of this appointment by the Citizen Potawatomi Nation Indian Council in a Tribal Election.”

Signed: Name: Date:

This form must be filed with the Tribal Secretary by either facsimile or letter no later than one hundred and fifty (150) days prior to a regular election or sixth (60) days prior to a special election.

As amended by Ordinance #10-02 enacted by the Citi- zen Potawatomi Legislature on January 13, 2010.

Section 7-2-104 Term of Office

All Judges of the District Court shall serve six (6) year terms of office beginning from the date of their con- firmation and until their successors take office, unless removed for cause, or by death or resignation.

Section 7-2-105 Oath of Office

Before assuming office each Judge, and Special Judge, shall take an oath to support and protect the Constitu- tion of the Tribe and to administer justice in all causes coming before him with integrity and fairness, without regard to the persons before him to be administered by the Chief Justice or the next ranking available Justice of the Supreme Court as soon after confirmation as may be practical.

Section 7-2-106 Duties and Powers of Judges

All Judges of the District Court, and Special Judges shall have the duty and power to conduct all court pro- ceedings, and issue all orders and papers. In doing so the Court shall:

  1. Be responsible for creating and maintaining rules of the Court, not in conflict with the Tribal Code or the Rules of the Supreme Court regu- lating conduct in the District Court. Such rules must be filed in the office of the Tribal Secretary and the District Court Clerk before becoming effective.

  2. Hold Court regularly at designated time and place.

  3. Have the power to administer oaths, conduct hearings, and otherwise undertake all duties and exercise all authority of a judicial officer under the law.

  4. Hear and decide all cases.

  5. Enter all appropriate orders and judgments.

  6. Issue all appropriate warrants and subpoenas.

  7. Keep all Court and other records as may be re- quired.

  8. Perform the duties of the Clerk in their absence.

  9. Subject to the confirmation of the Supreme Court, to appoint such Magistrates as may be necessary for the convenient functioning of the Court. These Magistrates shall have the authority to issue arrest and search warrants, search warrants for the protection of children, emergency custody orders in children’s cases, temporary commitments of persons accused of offenses, to conduct arraignments in crimi- nal or juvenile delinquency cases, and to act on such ex parte, summary, or other matters a may be determined by Rule of the Supreme Court. Magistrates shall meet the minimum qualifica-

    tions for Judges of the District Court except that Section 102 (a) and (g) shall not apply.

  10. Unless a coroner is appointed in any Judge des- ignated by the Chief Judge shall have the au- thority to perform the duties of a coroner.

Section 7-2-107 Special Appointments

Whenever, due to any cause an additional Judicial Of- ficer is needed, the Supreme Court may designate by Court Order Justices to sit or may make special ap- pointments to act as a Special Judge to hear specific named cases. No special procedure need be followed and Special Judges need not meet the qualifications of Section 102 (a) or (g) of this Act. Whenever a Justice of the Supreme Court sits on the trial panel, that Jus- tice may not participate in any appeal of the case to the Supreme Court. Special Judges may be compensated from the Court fund.

Section 7-2-108 Compensation of Judges

  1. The compensation of all Judges of the District Court shall be set by appropriate legislation of the Tribal Legislative Body. No Judge shall have his compensation reduced during his term of office, except that if funds be unavailable for appropriation, the compensation of all judicial officers may be reduced proportionally.

  2. Subsection (A) above shall not apply to Special Judges. The compensation of all shall be set by the Court Administrator.

Section 7-2-109 Removal of Judges

The Judges of the District Court shall be removed only for cause by the Tribal Legislative Body upon the rec- ommendation of the Supreme Court. Neither the Su- preme Court, nor the Tribal Legislative Body may re- move a Judge of the District Court independently, but the Supreme Court must first recommend the removal, and the Tribal Legislative Body must then concur. The term “cause” shall include any reason sufficient for dis- barment of an Attorney from the Bar of the Supreme Court, or a violation of the Canons of Judicial Ethics promulgated by the American Bar Association.

Section 7-2-110 Disqualifications, Conflict of Interest

  1. No Judge shall hear any case when he has a di- rect financial, personal or other interest in the outcome of such case or is related by blood or marriage to one or both of the parties as: husband; wife; son; daughter; father; mother;

    brother; sister; grandfather; grandmother; or any other legal dependant. A Judge should at- tempt to prevent even the appearance of partial- ity or impropriety.

  2. A party of interest or the Judge may raise the question of conflict of interest. Upon a decision by the Judge concerned or the Supreme Court that disqualification is appropriate, another Judge shall be assigned.

  3. Any Judge disqualified because he is related to one of the parties enumerated in subsection (a) may hear a case if all parties are informed of the relationship in open Court and of their right to have a different Judge, and consent to fur- ther action by that Judge upon the record, or in a writing filed in the record.

Section 7-2-111 Decisions

  1. Decisions of the District Court at trial may be recorded on a form approved by the Supreme Court or written findings of fact and conclusions of law. The form shall provide for recording the date of the decision, the case number, the names of all parties, the substance of the complaint, the relevant facts found by the Court to be true, the Court’s decision, and the conclusions of law supporting the Court’s decision.

  2. The decision form or the written findings of fact and conclusions of law may be placed in the case file.

Section 7-2-112 Records

The District Court shall be a Court of Record. To pre- serve such records:

  1. In all Court proceedings, the Clerk shall record the proceedings by electronic or stenograph- ic means. The recording shall be identified by case number and kept for five (5) years for use in appeals or collateral proceedings. At the close of each hearing, or as specified, the Re- porter shall make a recording upon the request of any party or the Court as a permanent part of the case record.

  2. To preserve the integrity of the electronic re- cord, the Clerk shall store the recording in a safe place and release it only to relevant Court or pursuant to an Order.

  3. The Clerk shall keep in a file bearing the case

    name and number every written document filed in the case.

  4. All Court records shall be public records except as otherwise provided by law.

  5. After five (5) years, court records except judg- ments, appearance, and other dockets may be reproduced on computer disk, microfilm, or microfiche or similar space saving record keep- ing methods, provided, that at least one (1) hard copy, including microfilm or microfiche, of electronically stored data shall be kept at all times.

  6. The Supreme Court shall provide for the publi- cation in books or similar reporters of all of its decisions and opinions in cases before it, and the opinions and decisions of the District Court which would be useful to the Bar of the Court and public.

Section 7-2-113 Files

  1. Except as otherwise provided by law, as in juve- nile cases, Court files are generally open to the public. Any person may inspect the records of a case and obtain copies of documents contained therein during normal business hours.

  2. Any persons desiring to inspect the records of a case or obtain copies may inspect such files only during the ordinary working hours of the Clerk, and in their presence. Under no circum- stances shall anyone, except a Judge or Clerk taking a file to a Judge or courtroom, take a file from the Clerk’s office.

  3. A copy of any document may be obtained from the Clerk for a reasonable copy fee, to be set by the Court Administrator. The Clerk is hereby authorized to certify that such copies are accu- rate reproductions of those documents on file. The Supreme Court by rule may provide for such certification.

Section 7-2-114 Motion Day

Unless impractical, the District Court shall establish regular times and places, at which motions requiring notice and hearing may be heard. The Judge at any time or place may make orders for the advancement, conduct, and hearing of actions. The Court may make provision by rule or order for the submission and de- termination of motions without oral hearing upon brief written statements of reasons in support and opposition.

Section 7-2-115 through 7-2-119 Reserved

Section 7-2-120 Practice Before the Trial Court

  1. No person shall be denied the right to have a member of the Bar of the Court represent him and present his case before the Courts.

  2. The Supreme Court, after conferring with the District Court, shall make rules which shall govern who may practice before the District Court and the Supreme Court. Such rules shall be filed in the office of the Tribal Secretary and the office of the Clerk of the Supreme and Dis- trict Courts.


CHAPTER THREE SUPREME COURT

Section 7-3-101 General Provisions

The Supreme Court may hear appeals resulting from all final orders or judgments rendered by the District Court, appeals of other orders of the District Court sub- ject to interlocutory appeal by law, and original actions as may be provided by tribal law, and shall render its decision in writing to the parties of interest, file a copy thereof in the Supreme Court Clerk’s office and, at the time of filing, submit a copy to the official reporter of the decisions of the Court. The decision of the Supreme Court shall be final and binding.

Section 7-3-102 Composition of the Supreme

Court

The Supreme Court shall consist of one (1) Chief Jus- tice, and six (6) Associate Justices.

Section 7-3-103 Minimum Qualifications of Justices

To be eligible for selection or confirmation as a Justice of the Supreme Court, a person shall:

  1. Be either

    1. An enrolled member of the Tribe, or

    2. The parent, child, or spouse of an enrolled member of the Tribe, or

    3. Actually domiciled within the territorial ju- risdiction of the Tribe, or

    4. An attorney, or

    5. A lay advocate who has regularly practiced before the Court as a member of the Bar of the Court for a period of seven years, or

    6. An Indian graduate of an American Bar As-

      sociation approved Law School, or a Para- legal program approved by the Supreme Court; and

  2. Have demonstrated moral integrity and fairness in his business, public and private life. Agree to participate in a program of study provided by the Tribal Court Administrator which re- view concepts of Tribal Sovereignty and United States, State and Tribal Court precedents, and

  3. Have never been convicted of a felony or an offense punishable by banishment or involving moral turpitude, whether or not actually impris- oned or banished, and have not been convicted of any offense, except traffic offenses, for a pe- riod of five years next preceding his appoint- ment. The five year period shall begin to run from the date the person was unconditionally released from supervision of any sort as a result of a conviction.

  4. Have regularly abstained from the excessive use of alcohol and any use whatsoever of illegal drugs or psychotoxic chemical solvents.

  5. Be not less than thirty (30) years of age.

  6. Not be a member of the Tribal Legislative Body, or the holder of any other elective Tribal Office of this Tribe, provided, that a candidate who is a member of the Tribal Legislative Body, or the holder of some other elective Tribal Office, may be confirmed as a Justice subject to his resigna- tion. Upon resignation from his office, he may be sworn in as and assume the duties of judicial office.

  7. If less than fifty (50) years of age, have com- pleted at least sixty (60) semester credit hours at an accredited college or university, or at least four years of previous experience as a Judicial Officer for some recognized Court.

Section 7-3-104 Selection of Justices

Justices shall be selected in accordance with the provi- sions above.

Section 7-3-105 Term of Office

All Justices of the Supreme Court shall serve six (6) year terms of office beginning from the date of their confirmation and until their successors take office, un- less removed for cause, or death or resignation. The first appointment of Justices hereunder shall be for terms which may vary in order to provide for staggered terms of office.

  1. The Tribal Judicial Offices of the District Court shall be designated and numbered as follows:

    1. The Office currently held by Chief District Judge shall be named Chief Judge #1.

    2. Associate District Judge #1.

    3. Associate District Judge #2.

  2. The Tribal Judicial Offices of the Supreme Court shall be designated and numbered as fol- lows:

    1. The Office of Chief Justice of the Supreme Court shall be named Supreme Court Jus- tice #1.

    2. Associate Justice #2.

    3. Associate Justice #3.

    4. Associate Justice #4.

    5. Associate Justice #5.

    6. Associate Justice #6.

    7. Associate Justice #7.

As amended by Ordinance #10-02 enacted by the Citi- zen Potawatomi Legislature on January 13, 2010.

Section 7-3-106 Oath of Office

Before assuming office each Justice shall take an oath to support and protect the Constitution of the Tribe and to administer justice in all causes coming before them with integrity and fairness, without regard to the per- sons to be administered by the Chief Justice, the Chief Executive Officer or the available Justice of the Court.

Section 7-3-107 Duties and Powers of Justices

All Justices of the Supreme Court, unless disqualified for conflict of interest of other cause, shall participate in the deliberation of that body and shall have the duty and power to conduct all Court proceedings, and issue all orders and papers. In doing so the Supreme Court shall:

  1. Be responsible for creating and maintaining rules of the Court, not contrary to the Tribal Constitution or Code, regulating conduct in the Supreme and District Courts to provide for the orderly and efficient administration of justice. Such rules shall determine, where not otherwise provided by law, what actions may be taken by a single Justice of the Court, and shall be filed with the Clerk of the Court, and:

  2. Hear appeals from the District Court.

  3. Enter all appropriate orders and judgments.

  4. Keep all appropriate records.

  5. Perform any and all duties as may be required for the operation of the Supreme Court and the District Court.

  6. Supervise the actions of the District Court and all Clerks, Bailiffs, and other officers of the Courts.

  7. Perform any of the duties and powers of a Dis- trict Judge in appropriate cases.

Section 7-3-108 Reserved

Section 7-3-109 Compensation of Justices

The compensation of all Justices of the Supreme Court shall be set by legislation of the Tribal Legislative Body. No Justice shall have his compensation reduced during his term of office, except the compensation of all judicial officers may be reduced proportionally.

Section 7-3-110 Removal of Justices

Justices of the Supreme Court may not be removed from office except upon final conviction of a felony, or an offense punishable by banishment, or an offense involving moral turpitude, in which case the Supreme Court shall enter its order disbarring and expelling such Justice from the Court and declaring that Judicial Of- fice vacant.

Section 7-3-111 Disqualifications, Conflict of Interest

  1. No Justice shall hear any case when he has a direct financial, personal, or other interest in the outcome of such case or is related by blood or marriage to one or both of the parties as: hus- band, wife, son, daughter, father, mother, broth- er, sister, grandfather, grandmother, or any oth- er legal dependent. A Justice should attempt to prevent even the appearance of partiality or impropriety.

  2. A party in interest or the Justice may raise the question of conflict of interest. Upon decision by the Justice concerned or the Supreme Court that disqualification is appropriate, a Judge, or Special Justice may be appointed to sit on the Supreme Court to hear the matter.

  3. Any Justice related to one of the parties enu- merated in Subsection (a) may hear a case if all parties are informed of the relationship on the record and of their right to have the interested

Justice disqualified and consent in writing or upon the record to the conflict of interest. Nor- mally, the Justice knowing of the conflict should file an order recusing from the action and stating the relationship. If the parties consent to that Justice hearing the action, they should file their consent for the Justice to continue in the cause. If all parties file such consents, the Justice may then enter his order withdrawing the recusation on grounds of the consents filed. A consent to the withdrawal of a Justices recusation may not be withdrawn.

Section 7-3-112 Decisions

  1. All decisions and opinions of the Supreme Court shall be rendered in writing to the parties, the District Court in appeal cases, filed in the Supreme Court Clerk’s office and recorded on a form approved by the Supreme Court. The form shall provide for recording the date of the decision or opinion, the case number, the names of the parties, the issues presented of appeal or the substance of the complaint in an action within the Court’s original jurisdiction, the rel- evant facts upon which the decision was made or found by the Court to be true in an original action, the Court’s decision, and the legal prin- cipals and reasoning supporting the Court’s de- cision. A written Court opinion containing the above information may be filed by the majority or dissent in lieu of the form.

  2. Each Justice shall record in writing his deci- sion, or the fact of his not participating when he is disqualified, on each case decided by the Supreme Court as part of the permanent record.

  3. The decision form or Court opinion shall be placed in the file of the case on appeal as an official document of the case.

Section 7-3-113 Rules of the Court

  1. The Supreme Court shall establish rules con- cerning the administration of the Courts and conduct in the Supreme Courts not inconsistent with Tribal Ordinance or the Tribal Constitu- tion. Such rules shall govern the conduct, de- meanor, and decorum of those in the Court as well as the form and filing of appeals, briefs, pleadings, and other matters which will make the Court function efficiently.

  2. The Rules shall be filed in the Court Clerk’s of- fice.

  3. The Court may require the observance of its Rules as a prerequisite before taking any action in a matter.

Section 7-3-114 Special Appointments

Whenever, due to vacancies for any cause three (3) Jus- tices cannot be convened, the Court, including any dis- qualified Justices, may designate Judges of the District Court, not having tried the case, or some member of the Bar to sit as a special Justice for purposes of the appeal or original action, or request the Chairman with Tribal Legislative Body concurrence to make special appoint- ments to hear specific named cases, or cases filed pri- or to the date three (3) Justices can be convened. No special procedure need be followed and special Justices need not meet the qualifications above.

Section 7-3-115 Supreme Court’s Action on Appeals

In any appeal, the Supreme Court shall have full au- thority to affirm, reverse, modify, or vacate any action of the District Court or other entity from whom the ap- peal is taken, and may enter such order as is just or remand for the entry of a specified judgment, a new trial, or for further action in accordance with opinion or instructions.

Section 7-3-116 Terms of the Court

The regular term of the Court shall commence on the first Monday in October of each year, and upon that date the Supreme Court shall convene or meet by elec- tronic means for the purpose of disposing of the actions and other business. The term shall continue until such time as the Court determines the term is declared com- pleted. Special terms may be convened upon the call of the Chief Justice for dispensing with pressing matters which may not be justly delayed until the regular term.

Section 7-3-117 Court Fund

There is hereby authorized to be maintained by the Clerk under the supervision of the Court, a “Fund” into which shall be deposited all fines, fees, penalties, costs, and other monies authorized or required to be paid to the Courts which are not distributed. These funds shall be used exclusively for the purchase of supplies, materials, and personal property for the

use of the Courts, the maintenance of the Court law library, and such other applications as shall be specif- ically authorized by law. The Court Fund shall not be used for the payment of salaries.

CHAPTER FOUR COURT CLERK

Section 7-4-101 Establishment

There is hereby established a Court Clerk’s Office to be administered by one (1) Court Clerk and Deputy Court Clerks. The Court Clerk shall be selected by Court Ad- ministrator, and Deputy Court Clerks shall be appoint- ed by the Court Clerk and Court Administrator.

Section 7-4-102 Clerk to Serve Supreme and District Courts

The Court Clerk shall serve as the Clerk of the Supreme Court and the Clerk of the District Court. When serv- ing the Supreme Court, the Clerk’s title shall be “Clerk of the District Court”.

Section 7-4-103 Clerk as Department Director

The Court Clerk is a supervisory administrative posi- tion of the Judicial Branch of the Government of the Tribe with the same rank as Department Director. The Court Clerk shall be charged with the preparation of Court budgets, the acquisition of necessary supplies, the maintenance and upkeep of the Court’s law library, the custody upkeep and maintenance of the record, pa- pers, effects, and property of the Court and such other matters as shall be assigned to the Clerk.

Section 7-4-104 Powers and Duties

The Court Clerk shall have the following powers and duties:

  1. To undertake all duties and functions otherwise authorized by law, or necessary and proper to the exercise of the office.

  2. To supervise and direct the hiring, firing, and work of all deputy court clerks and other em- ployees.

  3. To collect all fines, fees, and costs paid to the Courts, to receipt, and to deliver them to the Tribal Treasurer for deposit.

  4. To accept, when ordered, monies for the pay- ment of civil judgments and to pay to the par- ty entitled to them. The Clerk is authorized to maintain a bank checking account.

  5. To administer oaths, issue summons and sub- poenas, certify a true copy of Court records, and to accurately keep each and every record of the Supreme and District Court.

  6. To provide an accurate and complete record all proceedings of the Courts.

  7. To provide stenographic and clerical services to the Court.

  8. To keep and maintain the Court’s law library.

  9. To undertake all duties assigned or delegated to the Clerk’s office.

  10. Upon a written request for a Transcript, the Court may obtain the cost from two transcrip- tion services. The requesting party will by the transcription service the required amount di- rectly and prior to preparation.

Section 7-4-105 Seal

The Court Clerk is authorized to have and use a seal which shall be circular in form and contain the words, “District Court Clerk”, and the name of the Tribe around the edge thereof, and the words “Official Seal” or the official Tribal emblem in its center. When acting as the Clerk of the Supreme Court the Clerk’s seal shall be circular in form and contain the words “Supreme Court Clerk” and the name of the Tribe around the edge there- of, and the words “Official Seal” or the Tribal emblem in the center. The seal shall be impressed upon all war- rants, subpoenas, summons, certified copies of records, judgments, orders, decrees, and similar documents, as evidence of their authenticity.

Section 7-4-106 Certification of True Copies

Certified copies of records shall be admissible as evi- dence without further authentication in all judicial and administrative proceedings of this Tribe.

Section 7-4-107 Courts Always Open

The District and Supreme Courts shall be deemed al- ways open for the purpose of filing any pleading or oth- er proper paper.

Section 7-4-108 Trials and Hearings - Orders in Chambers

All trials, except as specifically provided and in chil- dren’s cases, shall be conducted in open Court. All oth- er acts or proceedings may be done or conducted by a Judge in chambers, without the clerk or other court offi- cials and in any place either within or without the tribal jurisdiction; but no hearing, other than ex parte, shall be conducted outside the tribal jurisdiction without the consent of all parties affected. Except when determined to be necessary or expedient in children’s cases arising under the Indian Child Welfare Act, or when the Tribe has entered into an agreement with another government for the sharing of judicial officers and courtroom space.

Section 7-4-109 Clerk’s Office and Orders

by the Clerk

The Clerk’s office shall be open during business hours on all days except Saturdays, Sundays, and legal holi- days, but the Court may provide by rule or order that its Clerk’s office shall be open for specified hours on Saturdays or particular legal holidays other than New Year’s Day, Washington’s Birthday, Memorial Day, In- dependence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. All mo- tions and applications and other proceedings which do not require court permission or order are grantable by the Clerk, but any action may be suspended or altered or rescinded by the Court.

Section 7-4-110 Notice of Orders or Judgments

Immediately upon the entry of an order or judgment, the Clerk shall serve a notice of the entry by mail upon each party and shall make a note in the docket. Such mailing is sufficient notice for all purposes for which notice of the entry of an order is required by law, but any party may in addition serve a notice of such entry in the manner provided in the Civil Procedure Act for the service of papers. Lack of notice of the entry by the Clerk does not affect the time to appeal or relieve or authorize the Court to relieve a party for failure to appeal within the time allowed, except as permitted in the Civil Procedure Act.

Section 7-4-111 Books and Records Kept by the Clerk and Entries Therein

  1. The Clerk shall keep a “book” known as the “Civil Docket” in paper or electronic form and shall enter each civil action. Pursuant to rules and regulations prescribed by the Court Admin- istrator.

  2. In like fashion, the Clerk shall keep suitable dockets, indices, calendars, and judgment re- cords for the criminal, juvenile, and small claims dockets of the District Court, and the appeals and original action dockets of the Su- preme Court.

  3. The Clerk shall also keep such other books and records as may be required from time to time.

Section 7-4-112 Stenographic Report or Tran- script as Evidence

  1. Whenever the testimony of a witness was steno- graphically reported is admissible in evidence at a later trial, it may be proved by the transcript

    certified by the person who reported the testi- mony.

  2. Whenever the testimony of a witness was elec- tronically taped is admissible in evidence at a later trial, it may be proved by the tape record- ing maintained in the custody of the Court Clerk or by some other person certified as correct by the Court Clerk, or authorized to administer oaths, who has prepared under their direction a transcript.

Section 7-4-113 Judgment Docket

The judgment docket shall be kept in the form pursuant to rules and regulations prescribed by the Court Admin- istrator.

Section 7-4-114 Execution Docket

In the execution docket the Clerk shall enter all execu- tions as they are issued. Pursuant to rules and regula- tions prescribed by the Court Administrator.

Section 7-4-115 Clerk may Collect Judgment and Costs

Where there is no execution outstanding, the Clerk of the Court may receive and receipt the amount of the judgment and costs, with the same effect as if the same had been paid to the Chief of the Tribal Police on an ex- ecution and the Clerk shall be liable in the same manner and amount as the Chief of the Tribal Police.

Section 7-4-116 through 7-4-122 Reserved

Section 7-4-123 Clerk to Provide Statistical and Other Information

The Clerk is directed to furnish as requested statistical and other information as the Executive, Legislature and Supreme Court may require, including, but without be- ing limited to, the number and classification of cases:

  1. Filed with the Court.

  2. Disposed of by the Court, and the manner of such disposition.

  3. The number of cases pending before the Court.

Section 7-4-124 through 7-4-125 Reserved


CHAPTER FIVE

CHIEF OF THE TRIBAL POLICE - PROCESS

Section 7-5-101 Reserved

Section 7-5-102 Appointment of Substitute for Tribal Police Chief

The Court upon an oral or written order, may appoint a

person to serve a particular process or order, who shall have the same power to execute it as the Chief of Po- lice. The person may be appointed on the application of the party obtaining the process or order, and the re- turn must be verified by affidavit.

Section 7-5-103 Tribal Police Chief to Indorse Time of Receipt on Process

The Chief of the Tribal Police shall indorse upon every document, the day and hour it was received by him.

Section 7-5-104 Tribal Police Chief to Execute and Return Process

The Chief of the Tribal Police shall execute every sum- mons, order or other process, and return the same as required by law. If he fails unless prevented by inev- itable accident he shall be fined by the Court in a sum not exceeding Five Hundred Dollars ($500.00) upon motion and ten (10) days notice, and shall be liable to any person aggrieved by such failure. Provided that whenever any party shall make and file with the Clerk an affidavit, stating that they believe the Chief of the Tribal Police will not, by reason of either partiality, prejudice, consanguinity or interest, faithfully perform his duties. The Clerk shall direct the original, or other process, in such suit to the Chief Executive Officer of the Tribe or his designate who shall execute the same in like manner as the Chief of the Tribal Police might or ought to have done.

Section 7-5-105 When Bailiff or Tribal Police Chief May Adjourn Court

If the Judge fails to attend at the time and place ap- pointed for holding Court, the Chief of the Tribal Po- lice, or person appointed by the Court as bailiff, shall have power to adjourn the Court, until the regular or assigned Judge attend or a Special Judge, or Judge pro tempore, be selected.

Section 7-5-106 Reserved


CHAPTER SIX BONDS AND SURETIES

Section 7-6-101 Justification of Surety

A ministerial officer whose duty it is to take securi- ty shall require the person, if not a qualified surety or bonding company, to make an affidavit of qualifica- tions, which affidavit may be made before such officer, and shall be indorsed upon or attached to the undertak- ing. If the undertaking is given by a qualified surety or bonding company, the credentials of the person shall be

shown and attached. The ministerial officer shall have the power to administer oaths for the purpose of mak- ing any affidavits required by this Chapter.

Section 7-6-102 Qualifications of Surety

The surety in every undertaking unless a surety or bonding company authorized to give their bond or undertaking by Tribal law, irrevocably submits to the jurisdiction of the Tribal Court for the purpose of en- forcement of said bond or undertaking, and must be worth double the sum to be secured, over and above all exemptions, debts, and liabilities. Where there are two or more sureties in the same undertaking they must in the aggregate have the qualifications prescribed.

Section 7-6-103 Real Estate Mortgage as Bond

In every instance where bond, indemnity or guaranty is required, a first mortgage upon real estate within a State in which any portion of the Tribal jurisdiction lies shall be accepted, provided, that the amount of such bond, guaranty, or indemnity shall not exceed fifty per cent of the reasonable valuation of such improved real estate, provided further, that where the amount of such bond, guaranty or indemnity shall exceed fifty per cent of the reasonable valuation of such improved real estate, then such first mortgage shall be accepted to the extent of such fifty per cent valuation.

Section 7-6-104 Valuation of Real Estate

The officer, whose duty it is to accept and approve such bond, guaranty or indemnity shall require the affidavits of two landowners or licensed real estate appraisers or brokers versed in land values in community where such real estate is located to the value of such real estate.

Section 7-6-105 False Valuation - Penalty

Any person willfully making a false affidavit shall be guilty of perjury and punished accordingly. Any officer administering or accepting such affidavit knowing it to be false shall be guilty of conspiracy to commit perjury and punished accordingly. Any such wrongdoer shall be liable in a civil action to the party injured to the ex- tent of the injuring proximately caused.

Section 7-6-106 Action by Tribal Department - No

Bond Required

Whenever an action is filed in the Court by the Tribe, or by direction of any department of the Tribe, its agencies, commissions, or political branches, no bond, whatsoever. In case of an adverse decision, such costs as by law are taxable against a party shall be paid out of the available fund of the party under whose direction the proceedings were instituted.

Section 7-6-107 Appearance Bond - Enforcement

  1. If a bench warrant or command to enforce a Court order is issued in a case for divorce, legal separation, annulment, child support, or alimony, or in any civil proceeding in which a judgment debtor is summoned to answer as to assets, and the person arrested, makes a bond for his appearance, the bond made shall be dis- bursed by the Court Clerk by order of the Court to the party in the suit who has procured the bench warrant or command for body attachment rather than to the Tribe as the Court shall direct for the payment of any sums due. The penalty on the bond or any part thereof, shall, when recovered, first be applied to discharge the obli- gation adjudicated in the case in which the bond was posted, and any excess shall be deposited in the Court fund. The party who is the obligee on such bond shall have the right to enforce its penalty to the same extent and in the same manner as the Tribe may enforce the penalty on a forfeited bail bond.

  2. Upon forfeiture of a bond payable to the Tribe as or- dered by the Court, including bail bonds, the Tribe may enforce the penalty on the bond upon motion filed in the case by any method authorized for the execution of civ- il judgments. All amounts received upon such forfeited bonds as penalty shall be deposited in the court fund. The Court may, for good cause shown, vacate an order of bond forfeiture.


    CHAPTER SEVEN MISCELLANEOUS

    Section 7-7-101 Deputy May Perform Official Duties

    Any duty enjoined by the Tribal Code upon a ministeri- al officer, and any act permitted to be done by him, may be performed by this lawful deputy unless otherwise specifically stated.

    Section 7-7-102 Affirmation

    Whenever an oath is required by the Tribal Code, the affirmation of a person, conscientiously scrupulous of taking an oath shall have the same effect.

    Section 7-7-103 Publications in “Patent Insides”

    1. Every daily or weekly newspaper published continuously for a period of two years in any county in which a portion of the tribal jurisdic- tion lies, or within or adjacent to the tribal ju- risdiction, and any Tribal Newspaper shall be recognized and authorized to publish all publi- cations and notices required or permitted to be published by the Tribal Code.

    2. All publications and notice required by law to be published in a newspaper, if published in newspapers having one side of the paper printed away from the office of publication, known as patent outsides or insides, shall have the same force and effect as though the same were pub- lished in newspapers printed wholly and pub- lished as required by Subsection (a) of this Sec- tion if at least one side of such paper is printed within the legal area.

Section 7-7-104 Action on Official Bond

When an officer, executor, or administrator within the jurisdiction of the Tribe by misconduct or neglect of duty, forfeits his bond or renders his sureties liable, any person injured thereby, or who is, by law; entitled to the benefit of the security, may bring an action thereon in his own name, against the officer, executor, or adminis- trator and his sureties, or may proceed in a proper case as provided in the Civil Procedure Act, to recover the amount to which he may be entitled.

Section 7-7-105 May be Several Actions on Same

Security

A judgment in favor of a party for one delinquency does not preclude the same or another party from an action on the same security for another delinquency.

Section 7-7-106 Immaterial Errors to be Disregarded

The Court, in every stage of action, must disregard any error or defect in the pleading or proceedings which does not affect the substantial rights of the adverse par- ty, and no judgment shall be reversed or affected by reason of such immaterial or harmless error or defect.

Section 7-7-107 Payments Into Court for Minors and Incompetents

Where any amount not exceeding Five Hundred Dol- lars ($500.00) is deposited and paid into Court, for any minor or incompetent person having no legal guardian, and no person within ninety (90) days becomes the le- gal guardian, if the money is needed for support or in the best interest of the minor or incompetent, the Court may order payment made to a person as trustee. The order may be made in the original cause upon applica- tion of any interested person; and the Court may direct the Clerk to make payment in installments or one lump sum. If a guardian has been appointed with bond, the Court shall order the money paid to the guardian sub- ject to restrictions and accounting.

Section 7-7-108 Conserving Moneys Obtained for Minors or Incompetent Persons

Moneys recovered for or on behalf of a person less than eighteen (18) years or incompetent in excess of Five Hundred Dollars ($500.00) over sums sufficient for paying costs and expenses, shall by Court order, be deposited in a banking or savings and loan institution. Until the person becomes eighteen (18) or competent, withdrawals of moneys from accounts shall be solely pursuant to Court order. When an application is made pro se, the Judge shall prepare the order. This Section shall not apply in cases where a legal guardian has been appointed. In that case, the Court may direct, money may be paid to the guardian, subject to restrictions and accounting.

Section 7-7-109 Sharing of Judicial Officers

The Tribal Legislative Body is authorized to negotiate an agreement with other Indian Tribes and jurisdiction for the shared use of magistrates, trial judges, and ap- pellate court justices.

Section 7-7-110 Sharing of Other Judicial Personnel

The Tribal Legislative Body is authorized to negotiate an agreement with other Indian Tribes and jurisdictions for the shared used of Court Clerks, District Attorneys, Bailiffs, Court Reporters, and other judicial related or support personnel.

Section 7-7-111 Sharing of Material Resources

The Tribal Legislative Body is authorized to negotiate an agreement with other Indian Tribes, or any other unit of government for the shared use of facilities, including courtroom, offices, and jail space, equipment, and sup- plies necessary for the operation of the Court and law enforcement agencies of the Tribe.

Section 7-7-112 Sharing of Financial Resources

Provisions may be made in the above mentioned agree- ments for the allocation of fines, fees, and court costs to support the functions of the judicial system, provid- ed, the salaries of the magistrates, judges, justices, and District Attorney shall not be subject to, or contingent upon the assessment or collection of any fines, fees, court costs, or penalties. Agreements may also provide for monetary contributions to the funding of the Court.

Section 7-7-113 Indians Employed in the Indian

Service

All persons employed in the Indian Service shall be subject to the jurisdiction of the Court to the extent per-

mitted by law. Any employee appointed by the Secre- tary of the Interior shall not be subject to any sentence or judgment for actions while on official duty except to the extent permitted by federal law, unless such sen- tence or judgment shall have been approved by the Sec- retary of the Interior.

Section 7-7-114 Copies of Laws

  1. The Supreme Court law library will be provided with available copies of all Federal, Tribal, and State laws and the regulations of the Bureau of Indian Affairs which may be applicable to the conduct of any persons within the tribal juris- diction.

  2. Whenever the Court is in doubt as to the mean- ing of any law, treaty, or regulation, it may re- quest the Tribal Attorney General to furnish an opinion on the point in question.

Section 7-7-715 Cooperation by Federal Employees

  1. No field employee of the Indian Service shall obstruct, influence or interfere with the func- tions of the Courts or attempt to influence, in- terfere or obstruct, functions in any manner.

  2. Employees of the Bureau of Indian Affairs and the Indian Health Service, particularly those who are engaged in police, social service, health, and educational work, shall assist the court upon its request in the preparation and presentation of the facts, and in the proper treatment of offend- ers and juveniles.

Section 7-7-716 Effect of Prior Decisions of the

Court

The prior decisions of the Courts shall be binding upon the parties. The rules of law stated in such decisions, not inconsistent with Tribal statutes enacted after such decisions, shall be precedent in the Courts subject to modification or being overruled by subsequent opinion of the Court.

Section 7-7-717 Judicial Review of Legislative and Executive Actions

The District and Supreme Courts shall have the author- ity to review any act by the Tribal Legislative Body, or any tribal officer, agent, or employee to determine whether that action, and the procedure or manner of taking that action, is Constitutional authorized and not prohibited by the Indian Civil Rights Act, If the Court finds action, or the manner of its exercise, to be un-

lawful, it may enjoin the action, refuse to recognize the unlawful action or to apply the law or statute. If the Court finds the contemplated action is authorized by the Constitution, Tribal Statutes, or the common law and the manner the authorized action is exercised is not prohibited, the Court shall dismiss the case. The Court shall not review the exercise of any authority commit- ted to the discretion of a tribal officer, agency, agent, or employee unless some specific provision authorizes judicial review of the merits of the discretionary deci- sion or action.

Section 7-7-718 Action When No Procedure Provided

Whenever no specific procedure is provided in the Tribal Code, the Court may proceed in any lawful fashion.


CHAPTER EIGHT APPELLATE PROCEDURE PREFACE

Section 7-8-001 Scope and Applicability of Rules

  1. Scope. This Act governs the procedure in ap- peals to the Supreme court from the Tribal Dis- trict court and in application for writs or oth- er relief which the Supreme Court or a Justice thereof is competent to give. When this Act provides for the making of a motion or applica- tion in the Tribal District Court, the procedure for making such motion or application shall be in accordance with the practice of that Court.

  2. “Tribal Court” Defined. Unless otherwise spe- cifically stated or required by the context, the term “Tribal Court” as used in this Act shall be deemed to refer to both the Tribal District Court and any Division, or Judge thereof.

  3. This Act shall not be construed to extend or lim- it the jurisdiction of the Supreme Court as may be established by other Tribal laws, and all pro- visions of this Act shall be subject to the Tribal Constitution.

Section 7-8-002 Suspension and Revision of Rules

  1. In the interest of expediting decision(s), the fur- therance of the administration of justice and the efficient functioning of the Court, the Supreme Court is authorized to amend provisions of this Act by Court Rule duly adopted by a unanimous vote of the entire Court and filed in the Supreme Court clerk’s Office and the Tribal Secretary’s

    Office. Any Rule of the court which would have the effect of amending the Act shall so state in its title, and shall not be effective until it has been filed in the Tribal Secretary’s Office for a period of sixty days, within which time the Tribal Legislative Body may veto said Rul. If not vetoed, such Rules shall be placed in the Court’s law library and shall take effect of the sixty-first day after filing or on such later date as may be provided by the Court.

  2. Amendment is specifically limited to necessary changes in existing provisions but not the addi- tion of provisions which expand the authority of the Court.

Section 7-8-003 Discretionary Authority

Where no procedure is provided in this Act, other stat- utes of the Tribe, or the Supreme Court rules, the Su- preme Court may proceed to exercise its functions in any manner.

Section 7-8-004 Authority

The Supreme Court shall hear cases by a panel of three justices, provided that appropriate provision be made for en banc hearings at the request of a party.


SECTION ONE

APPEALS FROM JUDGMENTS AND ORDERS OF THE TRIBAL COURT

Section 7-8-101 Appeal As Of Right - How Taken

  1. Filing The Notice Of Appeal. An appeal per- mitted as of right from the Tribal District Court to the Supreme Court shall be taken by filing a notice of appeal with the Clerk within the time allowed by Section 102, or by the statute appli- cable. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal, but is grounds only for such action as the Supreme Court deems appropriate, which may include dismissal.

  2. Joint or Consolidated Appeals. If two or more persons are entitled to appeal, and their interests make joinder practicable, they may file a joint notice of appeal, or may join in appeal after fil- ing separately, and they may proceed on appeal as a single appellant. Appeals may be consol- idated by order of the Supreme Court upon its own motion or upon motion of a party, or by stipulation of the parties.

  3. Content of the Notice of Appeal. The notice of appeal shall specify the parties to the appeal; shall designate the order, commitment, or judg- ment appealed, the docket of the Tribal District Court from which the appeal is taken, and a short statement of the reason or grounds for the appeal. An appeal shall not be dismissed for informality of form or title of the notice.

  4. Service of the Notice of Appeal. The Clerk shall serve notice of the filing of an appeal by mailing a copy of the notice, which copy shall be provided by the appealing party, to counsel of record of each party other than the appellant, and to the party at his last known address; and shall certify and deliver to the Clerk of the Su- preme Court for filing, a certified copy of the notice of appeal. The Clerk shall enter such filing upon the docket of the Supreme Court. When an appeal is taken by a defendant in a criminal case, the Clerk shall also serve a copy of the notice of appeal upon the appellant, ei- ther by personal service or by mail addressed to him. The Clerk shall note on each copy served the date on which the notice of appeal was filed. Failure of the Clerk to serve notice shall not af- fect the validity of the appeal. Service shall be sufficient notwithstanding the death of a party or his counsel. The Clerk shall note in the dock- et the names of the parties to whom copies are mailed, with the date of mailing.

  5. Payment of Fees. Upon the filing of appeal, the appellant shall pay to the Clerk the filing fee which shall be in such amount as may be deter- mined by the Court Administrator, except that a filing fee shall not be required from the Tribe, its officers, or agents when acting in their official capacity. If a private party joins in an appeal by the Tribe, tribal officers, or tribal agents, the pri- vate party shall pay the required filing fee. The Supreme Court, or a Justice thereof, may waive payment of the filing fee in criminal cases when the defendant, by affidavit or otherwise, estab- lishes that he is without sufficient funds or re- sources with which to pay the required fees.

Section 7-8-102 Appeal As Of Right - When Taken

  1. Appeals In Civil Cases.

    1. In a civil case appeal permitted by law the notice of appeal shall be filed within the fol-

      lowing time periods after entry of the judg- ment or order appealed from, if a time cer- tain is not otherwise provided:

      1. From an order or judgment in an ac- tion for forcible entry or forcible or unlawful detainer. Ten (10) Days;

      2. From an order, decree, or judgment of the Juvenile Division of the District Court, (except an order, decree, or judgment which terminates parental rights). Thirty (30) Days.

      3. From an order, decree, or judgment of the Juvenile Division of the Dis- trict Court which terminates parental rights. Sixty (60) days.

    2. Except as provided in subsection (a)(4) of this Section, a notice of appeal filed after the announcement of a decision or order but before the formal entry of the judgment or order shall be treated as filed after such en- try and on the day thereof.

    3. If a timely notice of appeal is filed by a par- ty, any other party may file a notice of ap- peal within 14 days after the date on which the first notice of appeal was filed, or within the time otherwise prescribed by this Sec- tion, whichever period last expires.

    4. If a timely motion under the Civil Procedure Act is filed in the Tribal District Court by any party.

      1. For judgment notwithstanding the ver- dict, or

      2. To amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted, or

      3. To alter or amend the judgment or for a new trial,

      4. then, and in that event, the time for appeal for all parties shall run from the entry of the order denying a new trial or granting or denying any other such motion. A notice of appeal filed before the disposition of any of the above motions shall have no effect. A new notice of appeal must be filed within the prescribed time measured

        from the entry of the order disposing of the motion as provided above. No additional fees shall be required for such filing.

    5. The Tribal District Court, upon the show- ing of excusable neglect or good cause, may extend the time for filing a notice of appeal in a civil action upon motion filed not lat- er than 15 days after the expiration of the time prescribed by this Section. Any such motion which is filed before expiration of the prescribed time for the filing of a notice of appeal may be ex parte unless the Tribal District Court otherwise requires. Notice of any such motion which is filed after expira- tion of the prescribed time shall be given to the other parties in accordance with the Civ- il Procedure Act. No such extension shall exceed 10 days from the date of entry of the order granting the motion.

    6. A judgment or order is entered when it is entered in compliance with the Civil Proce- dure Act.

  2. Appeals In Criminal Cases. In a criminal case, the notice of appeal by a defendant shall be filed in the Tribal District Court within 10 days after the entry of the final judgment and sentence or other order. A notice of appeal filed after the announcement of a decision, sentence, or order, but before formal entry of the judgment or order shall be treated as filed after such entry and on the day thereof. If a timely motion in arrest of judgment, or a motion for a new trial on any ground other than newly discovered evidence has been made, an appeal from a judgment of conviction may be taken within 10 days after the entry of an order denying the motion. A mo- tion for a new trial based on the ground of new- ly discovered evidence will similarly extend the time for appeal from a judgment of conviction if the motion is made before or within 10 days after entry of the judgment. When an appeal by the Tribe is authorized by statute, the notice of appeal shall be filed by the Tribe in the Tribal District Court within 10 days after the entry of the judgment or order appealed from unless a different time is specifically set by statute. A judgment or order is entered within the mean- ing of this subdivision when it is entered in the

criminal docket pursuant to the Criminal Proce- dure Act. Upon a showing of excusable neglect Tribal District Court may, before or after the time has expired, with or without motion and notice, extend the time for filing a notice of ap- peal for a period not to exceed 20 days from the expiration of the time otherwise prescribed by this subdivision of this Section.

Section 7-8-103 Interlocutory Appeals in Civil Actions

  1. Interlocutory Appeals as of Right. A person may appeal to the Supreme Court by right any order make appealable by law, and the follow- ing judgments or orders of the Tribal District Court:

    1. An order that grants or refuses a new trial or vacates or refuses to vacate a judgment on any grounds including that of newly discov- ered evidence or the impossibility of mak- ing a record.

    2. An order that discharges, vacates, or modi- fies or refuses to discharge, vacate, or mod- ify an attachment.

    3. An order that denies, grants, or modifies a temporary injunction, or discharges, va- cates, or modifies, or refuses to discharge, vacate, or modify a temporary injunction.

    4. An order that discharges, vacates, or modi- fies, or refuses to discharge, vacate, or mod- ify a provisional remedy which affects the substantial rights of the parties.

    5. An order that appoints a receiver, except where the receiver was appointed at an ex parte hearing where a full hearing will be held upon application therefore, refuses to appoint a receiver, or vacates or refuses to vacate the appointment of a receiver, or re- fuses or grants orders to wind up receiver- ships or to take steps to accomplish the pur- poses thereof, such a directing sales or other disposal of property.

    6. An order that directs the payment of money pendente lite, except where granted at an ex parte where a full hearing will be held upon application therefore, refuses to direct the payment of money pendente lite, or vacates or refuses to vacate an order directing the

      payment of money pendente lite.

    7. An order that certifies of refuses to certify an action to be maintained as a class action.

    8. An order with regard to probate matters:

      1. Granting, or refusing, or revoking let- ter testamentary or of administration, or of guardianship, or conservator- ship, or

      2. Admitting, or refusing to admit, a will to probate, or

      3. Against or in favor of setting apart property, or making an allowance for a widow or child, or

      4. Against or in favor of setting apart property, or making an allowance for a widow or child, or

      5. Against or in favor of directing the partition, sale or conveyance of any interest in real property, or

      6. Settling an account of an executor, or administrator or guardian, or

      7. Refusing, allowing or directing the distribution or partition of an estate, or any part thereof or the payment of a debt, claim, legacy or distributive share, or

      8. Refusing or allowing the release of any tax liability, or

      9. From any other judgment, decree, or order of the Court in a probate case, or of the Judge thereof, affecting a sub- stantial right.

    9. Any interlocutory order or decree made im- mediately appealable by Tribal statute.

  2. Time for Filing Interlocutory Appeals as of Right and Special Rules.

    1. The party aggrieved may appeal the order without awaiting the final determination of the action, by filing the notice of appeal with the District Court Clerk within fifteen

      (15) days after the order is issued.

    2. If the order discharges or modifies an at- tachment or preliminary injunction and it becomes operative, the undertaking given upon the allowance of an attachment or pre-

      liminary injunction shall stay the enforce- ment of said order and said order shall re- main in full force and effect until final order of discharge after appeal shall take effect.

    3. If the order grants a preliminary injunction, the party seeking to appeal, if he desires to stay said order, shall give within ten (10) days after the order is rendered, an under- taking, with sufficient surety, in the sum as the Court deems proper, to secure the party procuring the injunction damages he may sustain, including reasonable attorneys fees, if it is finally decided that the preliminary injunction was properly granted. The un- dertaking shall stay the effect of the prelim- inary injunction pending appeal.

    4. Where a receiver has been appointed, upon the appellant filing an appeal bond, with sufficient sureties, in a sum required of the receiver or a Judge, conditioned for the due prosecution of the appeal and the payment of all costs, or damages that may accrue to the Tribe or any officer or person, the authority of the receiver shall be suspended until the final determination of the appeal, and if the receiver has taken possession of any proper- ty, real or personal, it shall be returned and surrendered to the appellant upon the filing and approval of the bonds.

  3. Interlocutory Appeals by Permission. When a Judge, in making an order or decree in a civ- il action not appealable believes the order in- volves a controlling question of law which there is substantial grounds for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termina- tion of the litigation, he shall so state in writ- ing. The Supreme Court may in its discretion, permit an appeal to be taken from such order, if application is made within ten days after the entry of the order, provided, however, that ap- plication for an appeal hereunder shall not stay proceedings in the Tribal District Court, unless the Judge or the Supreme Court, or a Justice of the Supreme Court shall so order.

  4. Petition for Permission to Appeal. An ap- peal from an interlocutory order containing the statement prescribed by Section 103(c) may be sought by filing a petition for permission to

    appeal with the Clerk within 10 days after the entry of such order in the District Court with proof of service on all other parties to the action in the District Court. An order may be amended to include the prescribed statement at any time, and permission to appeal may be sought within 10 days after entry of the order as amended.

    1. The petition shall contain a statement of the facts necessary to an understanding of the controlling question of law determined the District Court; a statement of the question itself; and a statement of why a substantial basis exists for a difference of opinion on the question and why an immediate appeal may materially advance the termination of the litigation. The petition shall include a copy of the order appealed and findings of fact, conclusions of law and opinion. With- in 7 days after service of the petition, an adverse party may file an answer in oppo- sition. The application and answer shall be submitted without oral argument unless oth- erwise ordered.

    2. All papers may be typewritten. Ten copies shall be filed with the original, but the Court may require that additional copies be fur- nished.

    3. Within 10 days after the entry of an order granting permission to appeal, the appellant shall:

      1. pay to the Clerk of the District Court the fees established for the filing of appeals by permission.

      2. file a bond for costs if required by the Supreme Court.

Upon receipt of payment the Clerk of the Su- preme Court shall enter the appeal. The record shall be transmitted and filed as in cases of di- rect appeal by right. A notice of appeal need not be filed.

Section 7-8-104 Interlocutory Appeals In Criminal Actions

  1. Appeal by the Defendant. An interlocutory appeal to the Supreme Court may not be taken by the defendant except by leave of the Court in the same manner as the taking of interlocutory appeals by permission in civil actions.

  2. Appeal by the Tribe. An appeal by the Tribe may be taken from a decision or order of the Tribal Court prior to the beginning of trial sup- pressing or excluding evidence, or requiring the return of seized property in a criminal pro- ceeding, or dismissing the criminal complaint, and after the verdict is returned, upon an order granting a new trial, or an order refusing to re- voke probation or parole, or an order reducing a valid sentence previously imposed.

Section 7-8-105 Appeals by the Tribe in Criminal Actions

  1. An appeal to the Supreme Court may be taken by the Tribe from the final judgment in a crimi- nal action in the following cases:

    1. Upon judgment for the defendant quashing or setting aside the criminal complaint prior to trial.

    2. Upon an order of the Court arresting the judgment.

    3. Upon a question of law reserved by the Tribe, provided, that the criminal complaint shall be reinstated and the case shall pro- ceed if the Tribe’s appeal is upheld under subsection (A)(1) of this Section, the judg- ment and sentence arrested shall be entered and enforced if the Tribe’s appeal is upheld under subsection (A)(2) of this Section, and a defendant may not be tried against for the same offense if the Tribe’s appeal is upheld under subsection (A)(3) of this Section.

  2. Pending the prosecution and determination of the appeal in the foregoing instances, the defen- dant may be released in accordance with Sec- tion 108 of this Act.

Section 7-8-106 Bond For Costs On Appeal In Civil Cases

The District Court may require an appellant to file a bond or provide other security in such form and amount as it finds necessary to ensure payment of costs on ap- peal in a civil case. The provisions of Section 107(B) of this Act applies to a surety upon a bond given pursuant to this Section.

Section 7-8-107 Stay Or Injunction Pending

Appeal

  1. Procedure. Application for a stay of the judg- ment or order of Tribal District Court pending

    appeal, or for approval of a supersedeas bond, or for an order suspending, modifying, restoring or granting an injunction pending must ordinari- ly be made first in the District Court. A motion may be made to the Supreme Court panel, or to a Justice thereof, but the motion shall show that application to the District Court is not practica- ble, or the District Court has denied an appli- cation, or has denied the relief with the reasons given. The motion shall also show the reasons for the relief and the facts relied upon, and if the facts are subject to dispute the motion shall be supported by affidavits or other sworn state- ments or copies. The record as relevant shall be filed. Reasonable notice of the motion shall be given. The motion shall be filed with the Clerk. In exceptional cases due to the requirements of time, the application may be made to and con- sidered by a single Justice of the Court pending review by the Court panel. In cases where relief has not been previously requested in the District Court, the Supreme Court may, if it determines such action to be appropriate under the circum- stances, remand the motion to the District Court for its initial determination.

  2. Bond, Proceedings Against Sureties. Relief available in the Supreme Court under this Sec- tion may be conditioned upon the filing of a bond or other appropriate security in the District Court. If security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits himself to the jurisdiction of the District Court as his agent upon whom any papers affecting his liability on the bond or undertaking may be served. It is the responsibility of the surety to provide the Clerk with his proper and current address, and a supply of stamped, self addressed envelopes, if they wish copies of any papers served upon the Clerk as agent to be mailed. Liability may be enforced on motion in the District Court without the necessity of an independent action. The motion and notice of the motion as the Dis- trict Court shall prescribe may be served on the Clerk who shall mail copies to the sureties if their addresses are known.

  3. Criminal Cases. Stays in criminal cases shall be had in accordance with the provisions of Criminal Procedure Act.

    Section 7-8-108 Release in Criminal Cases

    1. Appeal Of Order Denying Release Pending Appeal. An appeal authorized by law from an order refusing or imposing conditions of release pending appeal of the underlying judgment of conviction and sentence shall be determined promptly. The appeal in such matters shall be heard without briefs after reasonable notice to the appellee upon such papers, affidavits, and the record as the parties shall present. A Su- preme Court, panel of three justices may order the release of the appellant pending the appeal.

    2. Procedure. Application for release after a judgment of conviction shall be made first in the Tribal District Court. If the Tribal District Court refuses release pending appeal, or imposes con- ditions of release, the Court shall issue an order. Thereafter, if an appeal is pending, a motion for release, or for modification of the conditions of release, pending review may be made to the Supreme Court or to a designated Justice. The motion shall be determined promptly upon such papers, affidavits, and the record as the parties shall present and after reasonable notice to the appellee. The Supreme Court panel may order the release of the appellant pending disposition of the motion.

    3. Criteria For Release. The decision as to re- lease pending appeal shall be made in accor- dance with the criteria for bail established by tribal law in the Criminal Procedure Act. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant.

    4. The Defendant shall be required to post a cash bond in the amount of fines, fees, costs and restitution ordered by the District Court after a finding of guilt by the court or a jury.

Section 7-8-109. The Record on Appeal.

  1. Composition Of The Record On Appeal. The original papers and exhibits filed in the District Court, the transcript or tape recording of the proceedings, if any, and a certified copy of the docket entries prepared by the Clerk shall con- stitute the record on appeal.

  2. Transcript, Duty of Appellant To Order, No- tice Of Partial Transcript.

    1. Within 10 days after filing the notice of ap- peal the appellant shall order from the Clerk or reporter a transcript of such parts of the proceedings not already on file. The order shall be in writing and within the same peri- od a copy shall be filed with the Clerk of the District Court. If no parts of the proceed- ings are ordered, within the same period the appellant shall file a certificate to that effect.

    2. If the appellant intends to urge on appeal that a finding or conclusions unsupported by the evidence or is contrary to the evidence, he shall include in the record a transcript of all evidence relevant to such finding or con- clusion.

    3. Unless the entire transcript is to be includ- ed, the appellant shall, within the 10 days time provided in subsection (B)(1) of this Section, file a statement of the issues he in- tends to present on appeal and shall serve on the appellee a copy of the order or certificate and of the statement. If the appellee deems a transcript of other parts of the proceedings are necessary, he shall, within 10 days af- ter the service of the order or certificate and the statement of the appellant, file and serve on the appellant a designation of addition- al parts to be included. Unless within 10 days after service of such designation the appellant has ordered such parts, and has so notified the appellee, the appellee may within the following 10 days order the parts or move in the District Court for an order requiring the appellant to do so.

    4. At the time of ordering, a party must make satisfactory arrangements with the reporter for payment of the cost of the transcript. If a typewritten transcript is ordered, the Clerk or Reporter shall charge a fee to be set by the Court Administrator for each original page, and an additional fee for each copy of an original page. The Clerk may designate a Reporter to produce a transcript with the cost assigned to the party. If a copy of a tape recording of the proceedings is ordered, the Clerk shall charge a fee to be set by the Court Administrator for each tape ordered. All such fees paid on behalf of a Clerk or reporter who is employed by the Tribe and

    paid a salary from tribal monies shall be de- posited in the Court fund. All fees paid on to an independent reporter appointed or au- thorized by the District Court to record pro- ceedings, not paid from tribal fund shall be paid over to such reporter.

  3. Procedure When No Transcript Available. If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may prepare a state- ment of the evidence or proceedings from the best available means, including his recollection. The statement shall be served on the appellee, who may serve objections or propose amend- ments thereto within 10 days after service. Thereupon the statement and any objections or proposed amendments shall be submitted to the District Court for settlement and approval and as settled and approved shall be included by the Clerk in the record on appeal.

  4. Agreed Statement As The Record On Ap- peal. In lieu of the record on appeal as defined in subsection (A) above, the parties may prepare and sign a statement showing how the issues presented arose and were decided and setting forth facts proved or sought to be proved essen- tial to a decision of the issues presented. If the statement conforms to the truth, the statement together with additions the Court may consid- er necessary, shall be approved by the District Court, and be certified to the Supreme Court as the record and transmitted to the Supreme Court Clerk’s records.

  5. Correction Or Modification Of The Record. If any difference arises as to whether the record truly discloses what occurred in the Tribal Dis- trict Court, the difference shall be submitted to and settled by the Judge of that Court and the record made to conform to the truth. If anything material to either party is omitted from the re- cord by error or accident or is misstated therein, the parties by stipulation, or the District Court, either before or after the record is transmitted to the Supreme Court, on proper suggestion or its own initiative, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmit- ted. All other questions as to form and content of the record shall be presented to the Supreme Court.

Section 7-8-110 Transmission of Record

  1. Chief Clerk To Serve As Clerk of the Su- preme Court. The Chief Clerk of the Tribal District Court may also serve as the Clerk of the Supreme Court whenever the position of Clerk of the Supreme Court is vacant.

  2. Transmission And Filing Of Record. In all cases, including juvenile and criminal actions, the Clerk within 15 working days after a Notice of Appeal is filed, prepare, certify, and deliver to the Clerk of the Supreme Court, for filing with the Supreme Court, all papers comprising the record of the case except the transcript. Such compilation shall be indexed with page num- bers. All parties to the appeal shall be notified of the filing of the record with the Supreme Court, and a copy of the index to the record shall be attached to the notice for the benefit of the par- ties. Copies of any documents contained in the record shall be available to the parties at a cost per page to be set by the Court Administrator.

  3. Completion of Record. Upon receipt of an or- der for a transcript or additional tape recording, the Clerk or reporter shall acknowledge receipt and the date on which he expects to have the transcript or copy of the tape recording com- pleted and shall transmit the order, to the Clerk of the Supreme Court. If the transcript cannot be completed within 30 days of receipt of the order the Clerk or reporter shall request an ex- tension of time from the Clerk of the Supreme Court, and the action of the Clerk of the shall be entered and the parties notified. In the event of the failure to file the transcript or complete making copies of the tapes within the time al- lowed, the Clerk of the Supreme Court shall no- tify the Chief Justice and take such steps as may be directed by the Chief Justice of the Supreme Court. Upon completion of the transcript the clerk or reporter shall file it with the Clerk of the Tribal District Court and shall notify the Clerk of the Supreme Court that he has done so.

  4. Transmission of Transcript. Upon receipt of the Transcript, or notification that request- ed copies of tape recordings of the proceedings are completed, or the filing of a statement as provided in Section 109 (C) or (D) of this Act, the Clerk of the District Court shall notify the parties that the transcript, tapes, or statement is

completed and ready for transmittal to the Su- preme Court and shall state in the notice the date upon which the notice was given, and the date the final record will be delivered to the Supreme Court. The parties may receive their copies (if ordered) of such transcript, tapes, or statement as soon as they become available whether be- fore or after formal notice of such availability is mailed to the parties. Fifteen days after the mailing of the notice of completion of the tran- script, tapes, or statement, the Clerk of the Dis- trict Court shall deliver the original thereof to the Clerk of the Supreme Court for filing. Upon filing by the Clerk of the Supreme Court, the record shall be deemed received and completed.

Section 7-8-111 Docketing The Appeal; Filing The Record

  1. Docketing The Appeal. Upon receipt of the Notice of Appeal and of the docket entries and papers transmitted by the Clerk of the Tribal District Court pursuant to Section 110(B), the Clerk of the Supreme Court shall thereupon en- ter the appeal upon the docket. An appeal shall be docketed under the title given to the action in the Tribal District Court, with the appellant identified as such, but if the action in the Tribal District Court, with the appellant identified as such, but if such title does not contain the name of the appellant, his name, identified as appel- lant, shall be added to the title. In appeals from the Juvenile Division of the Court, the docket books shall contain the correct names of the parties, however, all opinions or other papers of the Court which may become public informa- tion shall contain only initials or other similar designations and not the names of the parties.

  2. Upon receipt of the completed record on appeal as provided in Section 110(D), the Clerk of the Supreme Court shall file it and shall immedi- ately give notice to all parties and the date on which it was filed.


SECTION TWO HABEAS CORPUS

Section 7-8-201 Habeas Corpus Proceedings.

An application for a writ of habeas corpus shall origi- nally be made to the Tribal District Court. If application is made to the Supreme Court, or a Justice thereof in-

dividually, the application will ordinarily be transferred to the Supreme Court for determination. The Supreme Court, or a Justice thereof, will accept original jurisdic- tion in such matters only upon a showing of compelling necessity and urgency. If an application is made to or transferred to the Tribal District Court and denied, re- newal of the application before the Supreme Court, or a Justice thereof is not favored; the proper remedy is by appeal to the Supreme Court from the order of the Tribal District Court denying the writ.

Section 7-8-202 Transfer Of Custody Pending

Review

Pending review of a decision in a habeas corpus pro- ceeding commenced before the Court, or a Justice or Judge for the release of a prisoner, a person having cus- tody of the prisoner shall not transfer custody to another unless such transfer is directed in accordance with the provisions of this Section and the Court rules. Upon application of a custodian showing a need therefore, the Court rules. Upon application of a custodian showing a need therefore, the Court, Justice or Judge rendering a decision may make an order authorizing transfer and providing for the substitution of the successor custodi- an as a party.

Section 7-8-203 Detention Or Release Pending Review Of Decision Failing to Release

Pending review of a decision failing or refusing to re- lease a prisoner in such a proceeding, the prisoner may be detained in the custody from which release is sought, or in other appropriate custody or may be enlarged upon his recognizance or admitted to bail, with or without surety, as may appear fitting to the Court or Justice or Judge rendering the decision, or to the Supreme Court panel. This provision is subject to Section 108(D).

Section 7-8-204 Detention Or Release Pending Review Of Decision Ordering Release

Pending review of a decision ordering the release of a prisoner in such a proceeding, the prisoner shall be enlarged upon his recognizance, with or without surety, unless the Court or Justice or Judge rendering the deci- sion, or the Supreme Court shall otherwise order. This provision is subject to Section 108(D).

Section 7-8-205 Modification of Initial Order Respecting Custody

An initial order respecting the custody or enlargement of the prisoner and any recognizance or surety taken, shall govern during review in the Supreme Court unless for special reasons shown to the Supreme Court the or-

der shall be modified, or an independent order respect- ing custody, enlargement or surety shall be made. This provision is subject to Section 108(D).


SECTION THREE PROCEEDINGS IN FORMA PAUPERIS

Section 7-8-301 Leave From Tribal District Court to Proceed to Supreme Court

A party to an action in the District Court who desires to appeal in forma pauperis shall file in the Tribal District Court a motion for leave so to proceed, together with an affidavit showing, in explicit detail, his inability to pay fees and costs or to give security, their belief that they are entitled to redress, and a statement of the issues which they intend to present. If the motion is grant- ed, the party may proceed without further application to the Supreme Court, and without prepayment of fees or costs in either Court or the giving of security. If the motion is denied, the District Court shall state the rea- sons for the denial.

Section 7-8-302 Special Rule For Parties Previously Granted. Permission To Proceed In Forma Pauperis

A party who has been permitted to proceed in the Dis- trict Court in forma pauperis, or who has been permit- ted to proceed there as financially unable to obtain an adequate defense in a criminal case, or a case involv- ing the termination of parental rights, may proceed on appeal in forma pauperis without further authorization unless, before or after the notice of appeal is filed, the District Court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled to proceed, in which event the District Court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled to pro- ceed, in which event the Tribal District Court shall state the reasons for such certification or finding.

Section 7-8-303 Remedy For Denial Of Motion By Tribal District Court

If a motion for leave to proceed on appeal in forma pau- peris is denied by the District Court, or if the District Court shall certify that the appeal is not taken in good faith or shall find that the party is not entitled to pro- ceed in forma pauperis, the Clerk shall serve notice of such action. A motion for leave may then be filed in the Supreme Court within 30 days after service of notice of the action of the District Court. The motion shall be accompanied by a copy of the affidavit filed in the

District Court, or by the affidavit prescribed by Section 311 of this Subchapter if no affidavit has been filed in the District Court, and by a copy of the statement of reasons given by the District Court for its actions.


SECTION FOUR GENERAL PROVISIONS

Section 7-8-401 Filing and Service

Papers required or permitted to be filed in the Supreme Court shall be filed with the Clerk. Filing may be ac- complished by mail addressed to the Clerk, but filing shall not be timely unless the papers are received by the Clerk within the time fixed for filing, except that briefs and appendices shall be deemed filed on the day of mailing if first class mail or any more expeditious form of delivery by mail, excepting special delivery or overnight mail, is utilized. If a motion requests relief which may be granted by a single Justice, the Justice may permit the motion to be filed with him, in which event he shall note thereon the date of filing and shall thereafter transmit it to the Clerk.

Section 7-8-402 Service of All Papers Required

Copies of all papers filed by any party and not required by this Act to be served by the Clerk shall, at or before the time of filing, be served by that party or person act- ing for him on all other parties to the appeal or review. Service on a party represented by counsel or lay advo- cate shall be made on the counsel or lay advocate.

Section 7-8-403 Manner Of Service

Service may be personal or by mail in any manner al- lowed by the Civil Procedure Act for service of mo- tion or briefs. Personal service includes delivery of the copy to a Clerk, secretary, or other responsible person at the office of counsel or lay advocate. Service by mail is complete upon mailing.

Section 7-8-404 Proof Of Service

Papers presented for filing shall contain an acknowl- edgment of service by the person served or proof of ser- vice in the form of a statement of the date and manner of service and of the name of the person served, certi- fied by the person who made service. Proof of service may appear on or be affixed to the papers filed. The Clerk may permit papers to be filed without acknowl- edgment or proof of service but shall require such to be filed promptly.

Section 7-8-405 Computation of Time

In computing any period of time, by an order of the

Court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period extends until the end of the next day which not a Sat- urday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is equal to or less than 7 days, intermediate Saturdays, Sundays, and legal holi- days shall be excluded in the computation. As used in this Section, “legal holiday” includes New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanks- giving Day, Christmas Day, and any other day appoint- ed as a holiday by the President or the Congress of the United States or the Legislative Body of the Tribe.

Section 7-8-406 Enlargement Of Time

The Court for good cause shown may upon motion en- large the time prescribed by this Act or Court rule or by its order for doing any act, or may permit an act to be done after the expiration of such time; but the Supreme Court may not enlarge the time for filing a notice of appeal.

Section 7-8-407 Additional Time after Service By

Mail

Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon him and that paper is served by mail, 3 days shall be added to the prescribed period.


SECTION FIVE MOTIONS AND BRIEFS

Section 7-8-501 Content, Response, and Reply to Motions

Unless another form is elsewhere prescribed by this Act, an application for an order or other relief shall be made by filing a motion for such order or relief with proof of service on all other parties. The motion shall contain or be accompanied by any matter required by a specific provision of this Act governing such a motion, shall set forth the order or relief sought. If a motion is supported by briefs, affidavits, or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion other than one for a procedural order within 7 days after service of the motion, but motions authorized by Sections 107, 108, and 469 may be acted upon after reasonable no- tice, and the Court may shorten or extend the time for responding to any motion.

Section 7-8-502 Determination of Motions for Procedural Orders

Notwithstanding the provisions of Section 311 of this Act as to motions generally, motions for procedural orders, including any motion under Section 306, may be acted upon at any time, without awaiting a response thereto, and pursuant to rule or order of the Court, mo- tions for specified types of procedural orders may be disposed of by the Clerk. Any party adversely affected by such action may by application to the Court request consideration, vacation or modification of such action.

Section 7-8-503 Power of a Single Judge to Entertain Motions

Consistent with the authority expressly conferred by this Act or by other Tribal law, a single Justice of the Supreme Court may entertain and may grant or deny any request for relief which under this Act may prop- erly be sought by motion, except that a single Justice may not dismiss or otherwise determine an appeal or other proceeding, and except that the Supreme Court may provide by order or rule that any motion or class of motions must be acted upon by Court panel. The action of a single Justice may be reviewed by a Court panel.

Section 7-8-504 Form of Papers; Number of Copies

All papers relating to motions may be typewritten. Ten copies shall be filed with the original, but the Court may require that additional copies be furnished.

Section 7-8-505 Brief of Appellant

The brief of the appellant shall contain under appropri- ate headings and in the order here indicated:

  1. A cover page as described in Section 329.

  2. A table of contents, with page references, and a table of cases (alphabetically arranged), statutes and other authorities cited, with reference to the pages of the brief where they are cited.

  3. A statement of the issues presented for review.

  4. A statement of the case. The statement shall first indicate briefly the nature of the case, the course of proceedings, and its disposition in the Court below. There shall follow a statement of the facts relevant to the issues presented for re- view, with appropriate references to the record (see Section 319).

  5. An argument. The argument may be preceded by a summary. The argument shall contain the

    contentions of the appellant with respect to the issues presented, and the reasons therefore, with citations to the authorities, statutes and parts of the record relied on.

  6. A short conclusion stating the precise relief sought.

Section 7-8-506 Brief of Appellee

The brief of the appellee shall conform to the require- ments of Section 315, except that a statement of the is- sues or of the case need not be made unless the appellee is dissatisfied with the statement of the appellant.

Section 7-8-507 Reply Brief

The appellant may file a brief in reply to the brief of the appellee, and if the appellee has cross-appealed, the ap- pellee may file a brief in reply to the response of the ap- pellant to the issues presented by the cross appeal. No further briefs may be filed except with leave of Court.

Section 7-8-508 References in Briefs to Parties

Counsel will be expected in their briefs and oral argu- ments to keep to a minimum references to parties by such designations as “appellant” and “appellee”. It pro- motes clarity to use the designations used in the lower Court or the actual names of the parties, or descriptive terms such as “the employee,” “the injured person,” “the taxpayer,” the car,” or the names of the parties.

Section 7-8-509 References in Briefs to the Record and Statutes

  1. References in the briefs to parts of the record re- produced in any appendix filed with the brief of the appellant shall be to the pages of the appen- dix where they appear and to the pages in the original record. If an appendix is prepared after the briefs are filed, references in the briefs to the record shall be made to the original record. Intelligible abbreviations may be used. If ref- erence is made to evidence the admissibility of which is in controversy, reference shall be made to the pages of the record or of the transcript where the evidence was identified, offered, and received or rejected.

  2. If determination of the issues presented requires the study of statutes, rules, regulations, or sim- ilar material or relevant parts, they shall be reproduced in the brief or in an addendum, or they may be supplied to the Court in pamphlet form.

Section 7-8-510 Length of Briefs

Except by permission of the Court, principal briefs shall not exceed 50 pages, and reply briefs shall not ex- ceed 25 pages, exclusive of pages containing the table of contents, tables of citations and any addendum con- taining statutes, rules, regulations, and similar material.

Section 7-8-511 Briefs in Cases Involving Cross Appeals

If a cross appeal is filed, the plaintiff in the Court be- low shall be deemed the appellant for the purposes of this Chapter and Sections 326, 327, and 328, unless the parties otherwise agree or the Court otherwise orders. The brief of the appellee shall contain the issues and argument involved in his appeal as well as the answer to the brief of the appellant.

Section 7-8-512 Briefs and Cases Involving Multiple Appellants or Appellees

In cases involving more than one appellant or appellee, including cases consolidated for purposes of the appeal, any number of either may join in a single brief, and any appellant or appellee may adopt by reference any part of the brief of another. Parties may similarly join in reply briefs.

Section 7-8-513 Citation of Supplemental Authorities

When pertinent and significant authorities come to the attention of a party after his brief has been filed, or after oral argument but before decision, a party may prompt- ly advise the Clerk of the Court, by letter, with a copy to all counsel, setting forth the citations. There shall be a reference either to the page of the brief or to a point ar- gued orally to which the citations pertain, but the letter shall without argument state the reasons for the supple- mental citations. Any response shall be made promptly and shall be similarly limited.

Section 7-8-514 Brief of an Amicus Curiae

A brief of an amicus curiae may be filed only if accom- panied by written consent of all parties, or by leave of Court granted on motion or at the request of the Court, except that consent or leave shall not be required when the brief is presented by the Tribe, the United States or an officer or agency thereof, or by another Tribe or a State, Territory or Commonwealth. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Save as all parties otherwise consent, any

amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the Court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae other than the Tribe to participate in the oral argument will be granted only for extraordinary reasons, or on the Court’s own motion. A motion of the Tribe to present oral argument as amicus curiae shall be granted unless extraordinary reasons appear for refusing to grant such a motion.

Section 7-8-515 Appendix to the Briefs

Whenever the record on appeal, or the transcript is particularly voluminous, the Court may order the ap- pellant to prepare, with notice and consultation by the appellee, an appendix to the briefs which shall contain the papers, documents, and portions of the transcript necessary to the determination of the issues presented on appeal. The preparation of an appendix does not prevent further referrals to the original record by any party or the Court. A party may append pertinent parts of the record to his brief when such is necessary for a clear presentation of the issues raised on appeal.

Section 7-8-516 Time for Filing and Service of Briefs

The appellant shall serve and file his brief within 20 days after the date on which the completed record is received and filed in the Supreme Court. The appellee shall serve and file his brief within 20 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee, but, except for good cause shown, a reply brief must be filed at least 5 days before argu- ment.

Section 7-8-517 Number of Copies to Be Filed and Served

Ten copies of each brief shall be filed with the Clerk in addition to the original, unless the Court by order shall direct a lesser or greater number, and two cop- ies shall be served on counsel for each party separately represented. If a party is allowed to file typewritten ribbon and carbon copies of the brief, the original and three legible copies shall be filed with the Clerk, and one copy shall be served on counsel for each party sep- arately represented.

Section 7-8-518 Consequence of Failure to File Briefs.

If an appellant fails to file his brief within the time pro- vided by this Act, or within the time as extended, an

appellee may move for dismissal of the appeal. If an appellee fails to file his brief, he will not be heard at oral argument except by permission of the Court.

Section 7-8-519 Form of Briefs, the Appendix and Other Papers

  1. Briefs and appendices may be produced by stan- dard typographic printing or by any duplicat- ing or copying process which produces a clear black image on white paper, including legible photocopies. All printed matter must appear in at least 12 point (pica) type on opaque, unglazed paper. Briefs and appendices produced by the standard typographic process shall be bound in volumes having pages 6 1/8 by 9 1/4 inches and type matter 4 1/6 by 7 1/6 inches. Those pro- duced by any other process shall be bound in volumes having pages not exceeding 8 1/2 by 11 inches and type matter not exceeding 6 1/2 by 9 1/2 inches, with double spacing between each line of text, except that quoted matter may be single spaced. Copies of the reporter’s tran- script and other papers reproduced in a manner authorized by this Section may be inserted in the appendix; such pages may be informally re- numbered if necessary.

  2. If briefs are produced by commercial printing or duplicating firms, or, if produced otherwise and the covers to be described are available, the cover of the brief of the appellant should be blue; that of the appellee, red; that of a interve- nor or amicus curiae, green; that of any reply brief, gray. The cover of the appendix, if sepa- rately printed, should be white. The front cover of the briefs and of appendices shall contain.

    1. The name of the Court and the number of the case;

    2. The title of the case;

    3. The nature of the proceedings in the Court (e.g., Appeal; Petition for Review) and the name of the Court below;

    4. The title of the document (e.g. Brief for Ap- pellant, Appendix); and

    5. The names, addresses, and telephone num- ber of counsel representing the party on whose behalf the document is filed.

Section 7-8-520 Form of Other Papers

  1. Petitions for rehearing shall be produced in a manner prescribed by a Section 329.

  2. Motions and other papers may be produced in a like manner, or they may be typewritten upon opaque, unglazed paper 8 1/2 by 11 inches in size. Lines of typewritten text shall be double spaced. Consecutive sheets shall be attached at the left margin. Carbon copies may be used for filing and service if they are legible.

  3. A motion or other paper addressed to the Court shall contain a caption setting forth the name of the Court, the title of the case, the file number, and a brief descriptive title indicating the pur- pose of the paper.


SECTION SIX ARGUMENT

Section 7-8-601 Prehearing Conference

The Court may direct the attorneys for the parties to appear before the Court or a Justice thereof for a pre- hearing conference to consider the simplification of the issues and such other matters as may aid in the disposi- tion of the proceeding. The Court or Justice shall make an order which recites the action taken at the confer- ence and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admission or agreements of counsel, and such order when entered controls the subsequent course of the proceeding, unless modified to prevent manifest injustice.

Section 7-8-602 Oral Argument in General

Oral argument shall be allowed in all cases unless the Court, after examination of the briefs and record, shall be unanimously of the opinion that oral argument is not needed. In such cases the Court shall notify the par- ties of its intention to proceed without oral argument, and shall provide any party with an opportunity to file a statement setting forth the reasons why, in his opin- ion, oral argument should be heard. Oral argument will be allowed upon request unless the Court unanimously determines.

  1. The appeal is frivolous; or

  2. The dispositive issue or set of issues has been recently authoritatively decided; or

  3. The facts and legal arguments are adequately presented in the briefs and record and the deci- sional process would not be significantly aided by oral argument.

Section 7-8-603 Notice of Argument; Postponement

The Clerk shall advise all parties whether oral argument is to be heard, and if so, of the time and place therefore, and the time to be allowed each side. A request for postponement of the argument or for allowance of ad- ditional time must be made by motion filed reasonably in advance of the date fixed for hearing.

Section 7-8-604 Order and Content of Argument

The appellant is entitled to open and conclude the argu- ment. The opening argument shall include a fair state- ment of the case. Counsel will not be permitted to read at length from briefs, records or authorities.

Section 7-8-605 Cross and Separate Appeals

A cross or separate appeal shall be argued with the ini- tial appeal at a single argument, unless the Court oth- erwise directs. If a case involves a cross-appeal, the plaintiff in the action below shall be deemed the ap- pellant for the purpose of this Subchapter unless the parties otherwise agree or the Court otherwise directs. If separate appellants support the same argument, care shall be taken to avoid duplication of argument.

Section 7-8-606 Non-Appearance of Parties

If the appellee fails to appear to present argument, the Court will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the Court may hear argument on behalf of the appellee, if his counsel is present. If neither party appears, the case will be decided on the briefs unless the Court shall otherwise order.

Section 7-8-607 Submission on the Briefs

By agreement of the parties, a case may be submitted for decision on the briefs, but the Court may direct that the case be argued.

Section 7-8-608 Use of Physical Exhibits at Argument; Removal

If physical exhibits other than documents are to be used at the argument, counsel shall arrange to have them placed in the courtroom before the Court convenes on the date of the argument. After the argument counsel shall cause the exhibits to be removed from the court- room unless the Court otherwise directs. If exhibits are not reclaimed by counsel within a reasonable time after notice is given by the Clerk, they shall be destroyed or otherwise disposed of as the Clerk shall think best.

Section 7-8-609 When Hearing or Rehearing En Banc Will Be Ordered

A majority vote of the nine Justices may order that any motion or other proceeding be heard or reheard by the Supreme Court en banc. Such hearing or rehearing is not favored and ordinarily will not be ordered except:

  1. When consideration by the full Court is neces- sary to secure or maintain uniformity of its de- cisions, or

  2. When requested by the Chief Judge of the Dis- trict Court

  3. When the proceedings involves a question of exceptional importance, to the Tribe or Tribal Government.

Section 7-8-610 Suggestion of a Party for Hearing or Rehearing En Banc

A party may suggest the appropriateness of a hearing or rehearing en banc. No response shall be filed unless the Court shall so order. The clerk shall transmit any such suggestion to the Justices of the Court who are in regular active service but a vote need not be taken to determine whether the cause shall be heard or reheard en banc unless a Justice in regular active service or the Justice who rendered a decision sought to be reheard requests a vote on such a suggestion made by a party.

  1. When the majority of the nine Justices vote that a matter will be heard en banc the cost of the en banc hearing until be appropriated to the par- ties equally at the rate of the current daily Jus- tices pay. Such amount to be paid to the Court Clerk before the conduct of such hearing, unless waived by the Court.

  2. A party may request an appeal hearing en banc by depositing the amount to cover the addition- al Justices, beyond the three Justice panel. The amount deposited shall cover the daily pay rate of the additional Justices. A request under this provision, where one party assumes the addi- tional costs will ordinarily be granted unless the Justice vote to reject such a request. The moving party under this provision assumes the additional costs of further hearings if they are required by the circumstances of the case.

Section 7-8-611 Time for Suggestion of a Party for Hearing or Rehearing En Banc; Suggestion does not Stay Mandate

If a party desires to suggest that a motion or proceeding

be heard initially en banc, the suggestion must be made by the date the appellee’s brief is filed. A suggestion for rehearing a motion en banc must be made within ten days after notice of the decision of the Justice initially hearing the motion. The pendency of such a suggestion whether or not included in a petition for rehearing shall not affect the finality of the judgment of the Supreme Court or stay the issuance of the mandate.


SECTION SEVEN JUDGMENT

Section 7-8-701 Entry of Judgment

The notation of a judgment in the docket constitutes entry of the judgment. The Clerk shall prepare, sign and enter the judgment following receipt of the opinion of the Court unless the opinion directs settlement of the form of the judgment, in which event the Clerk shall prepare, sign and enter the judgment following final settlement by the Court. If a judgment is rendered with- out an opinion, the Clerk shall prepare, sign and enter the judgment following instruction from the Court. The Clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or of the judgment if no opinion was written, and notice of the date of entry of the judgment.

Section 7-8-702 Interest on Judgments

Unless otherwise provided by law, if a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable from the date the judg- ment was entered in the District Court. If a judgment is modified or reversed with a direction that a judgment for money be entered in the District Court the mandate shall contain instruction with respect to allowance of interest.

Section 7-8-703 Damages for Delay

If the Supreme Court shall determine that an appeal is frivolous, it may award just damages and single or dou- ble costs to the appellee.

Section 7-8-704 To Whom Costs Allowed

Except as otherwise provided by law, if an appeal is dis- missed, costs shall be taxed against the appellant unless otherwise agreed by the parties or ordered by the Court; if a judgment is affirmed, costs shall be taxed against the appellant unless otherwise ordered; if a judgment is reversed, costs shall be taxed against the appellee un- less otherwise ordered; if a judgment is affirmed or re- versed in part, or is vacated, costs shall be allowed only as ordered by the Court.

Section 7-8-705 Costs For Or Against the Tribe

In cases involving the Tribe or an agency or officer thereof, if an award of costs against or for the Tribe is authorized by tribal statute, costs shall be awarded in accordance with the provisions of Section 364, other- wise, costs shall not be awarded against the Tribe or its agencies or officers in their official capacity, provided that cost shall be awarded as a matter of course against a criminal defendant when the conviction is affirmed.

Section 7-8-706 Costs of Briefs, Appendices, and Copies of Records

Unless otherwise provided by tribal statute or Court rule, the cost of printing, or otherwise producing neces- sary copies of briefs, appendices, and copies of records shall be taxable in the Supreme Court at rates not higher than those generally charged for such work.

Section 7-8-707 Bill Of Costs; Objections; Costs Inserted In Mandate Or Added Later

A party who desires such costs to be taxed shall state them in an itemized and verified bill of costs which he shall file with the Clerk, with proof of service, within 14 days after the entry of judgment. Objection to the bill of costs must be filed within 10 days of service un- less the time is extended. The Clerk shall prepare and certify an itemized statement of costs taxed in the Su- preme Court for insertion in the mandate, but the issu- ance of the mandate shall not be delayed for taxation of costs and if the mandate has been issued before final de- termination of costs, the statement, or any amendment thereof, shall be added to the mandate upon request by the Clerk of the Supreme Court to the Clerk.

Section 7-8-708 Costs On Appeal Taxable in the Tribal District Court

Costs incurred in preparation and transmission of the record, the cost of the reporter’s transcript, if necessary for the determination of the appeal, the premiums paid for cost of supersedeas bonds or other bonds to pre- serve rights pending appeal, and the fee for filing the notice of appeal shall be taxed in the District Court as costs of the appeal in favor of the party entitled to costs under this Act.

Section 7-8-709 Petition For Rehearing

  1. Time For Filing, Content, Answer, Action By Court. A petition for rehearing may be filed within 14 days after entry of judgment unless the time is shortened or enlarged by order of the Court. The petition shall state with particularity

    the points of law or fact which in the opinion of the petitioner the Court has overlooked or mis- apprehended and shall contain such argument in support of the petition as the petitioner de- sires to present. Oral argument in support of the petition will not be permitted except upon the Court’s own motion. No answer to a petition for rehearing will ordinarily not be granted in the absence of such a request. If a petition for rehearing is granted the Court may make a final disposition of the cause without reargument or may restore it to the calendar for reargument or resubmission or may make such other order as are deemed appropriate under the circumstanc- es of the particular case.

  2. Form of Petition; Length. The petition shall be in a form prescribed by Section 329, and copies shall be served and filed as prescribed by Section 327 for the service and filing briefs. Except by permission of the Court, a petition for rehearing shall not exceed 15 pages.

Section 7-8-710 Issuance of Mandate

The mandate of the Court shall be issued 21 days after the entry of judgment unless the time is shortened or enlarged by order. A certified copy of the judgment and a copy of the opinion of the Court, if any, and any direc- tion as to costs shall constitute the mandate, unless the Court directs that a formal mandate issue. The timely filing of a petition for rehearing will stay the mandate until disposition of the petition unless otherwise ordered by the Court. If the petition is denied, the mandate shall issue 7 days after entry of the order denying the petition unless the time is shortened or enlarged by order.

Section 7-8-711 Voluntary Dismissal

  1. Dismissal in The Tribal District Court. If an appeal has not been docketed, the appeal may be dismissed by the District Court upon the fil- ing in that Court of a stipulation for dismissal signed by all the parties, or upon motion and notice by the appellant.

  2. Dismissal in The Supreme Court. If the par- ties shall sign and file with the Clerk of the Su- preme Court an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the Clerk shall enter the case dismissed, but no mandate or other process shall issue without an order of the Court. An appeal may be dismissed

on motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the Court.

Section 7-8-712 Substitution of Parties

  1. Death of a Party. If a party dies after a notice of appeal is filed or while a proceeding is pending in the Supreme Court, the personal representa- tive of the deceased party may be substituted as a party on motion filed by the representative or by any party. The motion of a party shall be served upon the representative in accordance with the provisions of Sections 302, 303, and

    304. If the deceased party has no representa- tive, any party may suggest the death on the re- cord and proceedings shall then be had as the Supreme Court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the District Court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. Af- ter the notice of appeal is filed substitution shall be effected in the Supreme Court in accordance with this Section. If a party entitled to appeal shall die before filing a notice of appeal, the no- tice of appeal may be filed by his attorney of record within the time prescribed by this Act. After the notice of appeal is filed substitution shall be effected in the Supreme Court in accor- dance with this Section.

  2. Substitution for Other Causes. If substitution of a party in the Supreme Court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in subsection (A).

  3. Public Officers; Death or Separation from Office.

    1. When a public officer is a party to an appeal or other proceeding in the Supreme Court in his official capacity and during its pen- dency dies, resigns, or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.

    2. When a public officer is a party to an appeal or other proceeding in his official capacity he may be described as a party by his offi- cial title rather than by name; but the Court may require that his name be added.

Section 7-8-713 Cases Involving Constitutional or Indian Civil Rights Act Questions Where the Tribe Is Not A Party

It shall be the duty of a party who draws in question the constitutionality (or unlawfulness under the Indian Civil Rights Act of 1968) of any statutes, ordinance, or other action of the Tribal Legislative Body in any proceeding in the Supreme Court to which the Tribe, or any agency, officer, or employee in their official ca- pacity is not a party, upon the filing of the record, or as soon as the question is raised in the Supreme Court, to give immediate notice in writing to the Court of the existence of they question. The Clerk shall certify such fact to the Tribal Attorney and/or Tribal Prosecutor who may intervene.



CITIZEN POTAWATOMI NATION

ADMISSIONS, PRACTICE AND DISCIPLINE OF ATTORNEYS

TITLE 8




Chapter Rule

  1. ATTORNEYS AND LAY ADVOCATES RULES

    Admission to the Bar 101

    Appearance of Counsel and

    Withdrawal of Counsel 102

    Courtroom Decorum 103

    Attorney Conference With Respect

    to Discovery Motion 104

    Free Press - Fair Trial 105

    Plan of the Tribal Court for the

    Representation Of Indigent Defendants 106

  2. OATH OF ATTORNEY

    CHAPTER ONE ATTORNEYS AND LAY ADVOCATES RULES

    Rule 8-1-101 Admission to the Bar

    1. Roll of Attorney and Lay Advocates. The Bar of this Court shall consist of those attorneys and lay advocates heretofore and those hereafter ad- mitted to practice before this Court, who have taken the oath prescribed by the rules in force at the time they were admitted or the oath pre- scribed by this rule, and have signed the roll of attorneys of this Court.

    2. Procedure for Admission. There is hereby constituted a Committee on Admissions and Grievances, consisting of three member of the Bar of this Court, to be appointed by the Court. Every applicant for admission shall file with the Clerk, on a form prescribed by the Court, a written petition for admission, which shall be referred immediately to the Committee on Ad- missions and Grievances for investigation into the qualifications of the applicant and his fitness to be admitted to the Bar of this Court. The Committee shall report its recommendations in writing to the Clerk of this Court. Upon a fa- vorable report of the Committee, filed with the Clerk, the applicant, if an attorney, may be ad- mitted. Lay Advocates shall be admitted upon examination as described below. An applicant for admission, who has qualified for admission, may, upon request, be admitted upon order of the Court after having filed his oath of attorney without appearing in Court. Any applicant for admission, who has qualified for admission, may appear at any session of Court during its term and be admitted by taking the oath of attor- ney in open Court upon motion of any member of the Bar of this Court.

      It is desired that the procedure for admission by the Committee include a Tribal practice pro- gram which is designed to acquaint the appli- cants with pertinent aspects of practice in this Court, emphasizing the Tribal law and Tribal Court Rules. It is anticipated that this program would be held in the ceremonial courtroom, and would, if possible, include presentations by Court officials and judicial officers. The Court will endeavor to set aside a portion of one day at the beginning of each term of a Tribal prac- tice program which should be attended by those

      expecting to be admitted during that term unless such attendance would create a hardship for the prospective admittee.

      Individual Justices may, from time to time, in emergent situations upon special request admit individual lawyers who have been approved by the Committee. Before being admitted as a member of the Bar of this Court each applicant shall take and subscribe to the oath shown in Exhibit I to these rules.

    3. Eligibility. Any member in good standing of the Bar of the Supreme Court of the United States, or of any United States Court of Appeals, or of any District Court of the United States, or any person appointed as Tribal Justice, Judge, or magistrate, or a member in good standing of the Bar of the highest court of any Indian Tribe or State of the United States, is eligible for ad- mission to the Bar of this Court.

      Any member of a federally recognized Indi- an Tribe shall be eligible for admission as a lay advocate upon successfully taking a com- prehensive examination on the laws and rules applicable in the Tribal Court, which examina- tion shall be promulgated by the Admissions Committee with the approval of the Court, and administered by the Admissions Committee at least once each year or at such other intervals as may be ordered by the Court. Upon receiving a passing score on the examination and show- ing their moral fitness to practice law, such per- sons should receive a favorable report from the Admissions Committee and be admitted to the practice of law in this Court and all inferior Trib- al Courts. Thereafter, such lay advocates shall be held to the same standards, be entitled to the same rights, privileges, obligations, and duties, and be accorded all the honors to the same ex- tent as any attorney admitted to practice before the Courts of the Tribe within this reservation.

    4. Reciprocity. Any attorney who shall have been admitted to practice in any Federal Court with- in this State may be admitted to practice in this Court upon the motion of a member of the Bar, in open Court, and the filing of a written appli- cation without the necessity of appearing before the Admissions Committee.

    5. Attorneys for the United States. Attorneys who are employed or retained by the United States or its agencies may practice in this Court in all cases or proceedings in which they repre- sent the United States or such agencies.

    6. Admission of Non-Resident Attorney for Limited Practice. Any member of the Bar of the Supreme Court of the United States, or of any United States Court of Appeals, or of any District Court of the United States, or of the highest Court of any Indian Tribe or State of the United States, who is a non-resident of the State may be admitted to the Bar of this Court for lim- ited practice upon oral application and without compliance with subsection (B) hereof. Limit- ed practice shall be restricted to appearance and practice in a case or proceeding then on file in the court.

    7. Temporary Admission. Any attorney who ap- pears eligible for admission to the Bar of this Court may in the discretion of a Judge of the District Court or Justice of this Court be grant- ed temporary admission to practice in a pending case.

    8. Withdrawal from Case. In any action, where- in appearance is made through counsel, there shall be no withdrawal by counsel except by leave of Court upon reasonable notice to the cli- ent and all other parties who have appeared in the case. Withdrawal of counsel may be granted subject to the condition that subsequent papers may continue to be served upon the counsel for forwarding purposes or upon the Clerk of the Court, as the Court may direct, unless and until the client appears by other counsel or in pro- pria persona, and any notice to the client shall so state and any filed consent of. the client shall so acknowledge.

    9. Discipline. Any member of the Bar of this Court guilty of a violation of the prescribed oath of office, or of a violation of the disciplinary rules set forth in the Code of Professional Re- sponsibility of the American Bar Association, or of any conduct unbecoming a member of the Bar of this Court, shall be subject to reprimand, suspension, disbarment, or such other disci- plinary action as the Court deems appropriate.

    10. Summary Discipline. For misconduct in the

      presence of the Court, an order may issue forth- with administering such discipline as the Court deems appropriate, including a fine of not to ex- ceed $500.00 or confinement of not to exceed ten (10) days, but summary discipline shall not include the right of the Court to suspend or disbar the offending lawyer from practicing in this Court. An attorney summarily disciplined as herein provided may appeal any punishment imposed hereunder to the Supreme Court, or if summary discipline is administered by a Justice, to the remaining Justices of the Court sitting en banc. The Justice or Judge administering the discipline shall not sit in the hearing of such an appeal. In order to allow such an appeal the discipline imposed will, upon request of the at- torney, and by his posting a supersedeas bond in a reasonable amount to be fixed by the Court, be stayed for seven (7) days to allow such attorney to perfect an appeal. If no written appeal be filed within said seven (7) days, the punishment so imposed shall be forthwith administered un- less in the interim the Judge or Justice impos- ing same has rescinded or modified his original action. Nothing herein provided is intended to preclude the right to the disciplined attorney to appeal direct to the Supreme Court.

    11. Conviction; Discipline in Other Courts. Any member of the Bar of this Court convicted in either federal, state, or tribal court of a felony or other crime punishable by banishment or in- volving moral turpitude, and any member dis- barred or suspended from practice in any Court of competent jurisdiction, shall be suspended automatically from practice in this Court and may be reinstated, excepting however that in the event the discipline imposed in the other ju- risdiction has been stayed there the discipline imposed in this Court shall likewise be deferred until such stay expires in the other jurisdiction. And provided further however that in the event a member of the Bar of this Court is disciplined in some other jurisdiction and this Court deter- mines upon the face of the record upon which the discipline in another jurisdiction is predicat- ed it clearly appears:

      1. That the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or

      2. that there was such a infirmity of proof es- tablishing the misconduct as to give rise to the clear conviction that the Court could not, consistent with its duty, accept as final the conclusion on that subject; or

      3. that the imposition of the same discipline by

        the Court would result in grave injustice; or

      4. that the misconduct established is deemed by the Court to warrant substantially differ- ent discipline,

        then and in either of such events said attorney shall not be automatically similarly disciplined in this Court.

        An attorney of this Bar who is under investiga- tion for misconduct, or who is facing disbarment proceedings in any Court of competent jurisdic- tion, who resigns from the Bar of the investigat- ing jurisdiction, or who voluntarily permits his license to practice therein to terminate, shall be, by this Court, deemed to have been disbarred in the other jurisdiction and shall forthwith be disbarred from practicing in this Court.

    12. Disciplinary Procedures. Proceedings to dis- cipline a member of the Bar of this Court, ex- cept as set forth in paragraphs (J) and (K) here- of, shall be upon an order to show cause issued by the Court, reciting the charges and fixing notice of the date of hearing (which shall not be less than thirty (30) days from the date of the notice), and reciting the place of the hearing and such hearing procedures as may be reasonable and consistent with due process. Notice to the attorney shall be made by personal service or by registered or certified mail, addressed to the respondent-attorney at his last known address. The Court may, in its discretion, refer any Bar disciplinary matter to its Committee on Admis- sions and Grievances for proper investigation and recommendation to the Court, either before or after issuance of an order to show cause. The recommendation of the Committee on Admis- sions and Grievances, if same suggests disbar- ment or us suspension, shall not be adopted until the procedure set forth above has been followed. Any attorney disbarred or suspended pursuant to these rules may apply to the Court for leave to petition for reinstatement.

Rule 8-1-102 Appearance of Counsel and Withdrawal of Counsel

  1. Appearance. Any attorney appearing for a de- fendant in a civil or criminal case shall enter his appearance by signing and filing a pleading or by entry of appearance on a form prescribed by the Clerk of this Court. In the event a plain- tiff should change counsel or add additional counsel, the new or additional counsel for such plaintiff shall enter his appearance on a form to be provided by the Clerk for that purpose. Counsel of record in any case shall be permitted to withdraw conformably to Rule 101 (H) only by order of the Judge to whom the case is as- signed.


  2. Certificate of Familiarity With Local Court Rules. Every person, upon entering an appear- ance in any case of proceeding in this Court, or upon first tendering for filing any pleading or paper therein, shall be required to certify that such person has received, read and is familiar with the current Rules of this Court, specifical- ly including all of the most recent published amendments to them.

Such certification shall be required before any such entry of appearance, pleading or paper shall be filed by the clerk, provided however, for good cause shown, the Clerk may in his discretion receive and file any such matter on condition that the required certificate be filed within ten (10) days thereafter, failing in which the matter so filed shall be stricken.

The same certification shall also be required of every other person thereafter participating in such cause or proceeding.

The Clerk shall keep a master file of all such certificates. Once a person has so certified his familiarity, he shall not be required to do so in a subsequent cases unless required by order of the Court. A Judge of this Court may authorize the Clerk to waive the requirement as to certain persons or categories of persons when such will best serve the administration of Justice.

Rule 8-1-103 Courtroom Decorum

  1. The Canon of Professional Ethics were adopted by the American Bar Association and this Court

    as a general Guide, because as stated in the pre- amble of the American Bar Association Canons, “No code or set of rules can be framed, which will particularize all the duties of the lawyer in the varying phases of litigation or in all the rela- tions of professional life.” The preamble further admonishes that “the enumeration of particular duties should not be construed as a denial of the existence of other equally imperative, though not specifically mentioned.” In that spirit, all lawyers should become familiar with their du- ties and obligations as defined and classified generally in the Canons, the common law deci- sions, the statutes and the usages, customs, and practice of the bar of this Court. These Canons, and the statutes and common law of the Tribe relating to attorney conduct, are applicable to all attorneys and lay advocates who practice be- fore this Court.

  2. The purpose of this rule is to emphasize, not to supplant, certain portions of those ethical principles applicable to the lawyer’s conduct in the courtroom. In addition to all other require- ments, therefore, lawyer’s appearing in this Court shall:

    1. Be punctual in attendance at Court.

    2. Refrain from addressing one another in

      Court by their first names.

    3. Refrain from leaving the courtroom while Court is in session, unless it is absolutely necessary, and then only if the Court’s per- mission has been first obtained.

    4. See that only one of them is on his feet at a

      time unless an objection is being made.

    5. Refrain from approaching jurors who have completed a case unless authorized by the Court.

    6. Avoid approaching the bench as much as possible. In this connection, counsel should try to anticipate questions which will arise during the trial, and take them up with the Court and opposing counsel in chambers. If however, it becomes necessary for an attor- ney to confer with the Court at the bench, the Court’s permission should be obtained, and opposing counsel should be openly in- vited to accompany him.

    7. Refrain from employing dilatory tactics.

    8. Deliver jury arguments from the lectern placed in a proper position facing the jury. If it is necessary to argue from an exhibit, the Court will, upon request, grant permis- sion to do so.

    9. Hand all papers intended for the Court to see to the Clerk, who, in turn will pass them up to the Judge.

    10. Hand to the Clerk, rather than the Court Reporter, any exhibits to be marked which have not previously been identified.

    11. Advise clients, witnesses, and other inter- ested persons concerning rules of decorum to be observed in Court.

    12. Stand and use the lectern when interrogat- ing witnesses, unless otherwise instructed by the Court. However, when interrogating a witness concerning an exhibit the Court may, upon request, grant permission to ap- proach the witness stand or the exhibit, as the case may be, for that purpose.

    13. Never conduct or engage in experiments in- volving any use of their own persons or bod- ies except to illustrate in argument which has been previously admitted in evidence.

    14. Not conduct a trial when they know, prior thereto, that they will be necessary witness, other than as to merely formal matters such as identification or custody of a document or the like. If, during the trial, they discov- er that the ends of justice require their tes- timony, they should from that point on, if feasible and not prejudicial to their client’s case, leave further conduct of the trial to other counsel. If circumstances do not per- mit withdrawal from the conduct of the trial, lawyers should not argue the credibility of their own testimony.

    15. Avoid disparaging personal remarks or acri- mony toward opposing counsel and remain wholly uninfluenced by any ill-feeling be- tween the respective clients. They should abstain from any allusion to personal pe- culiarities and idiosyncrasies of opposing counsel.

    16. Rise when addressing, or being addressed by the Court.

    17. Refrain from assuming an undignified pos- ture. They should always be attired in a proper and dignified manner as befits an of- ficer of the Judicial Branch of the Govern- ment and should abstain from any apparel or ornament calculated to attract attention to themselves.

    18. Comply, along with all other persons in the courtroom, with the following:


      1. No tobacco in any form will be per- mitted at any time.

      2. No propping of feet on tables or chairs will be permitted at any time.

      3. No bottles, beverage containers, paper cups or edibles should be brought into the courtroom, except with permission of the bailiff.

      4. No gum chewing or reading of news- papers or magazines (except as a part of the evidence in a case) will be per- mitted while Court is in session.

      5. No talking or other unnecessary nois- es will be permitted while Court is in session.

      6. Everyone must rise when instructed to do so, upon opening, closing, or de- claring recesses of Court.

      7. All male lawyers and male Court per- sonnel must wear both coats and ties, women lawyers and women Court personnel must be suitably attired.

      8. Any attorney who appears in Court intoxicated or under the influence of intoxicants, drugs or narcotics may be summarily held in contempt.


Rule 8-1-104 Attorney Conference With Respect To Discovery Motions

With respect to all motions or objections relating to discovery, the Tribal District Court shall refuse to hear any such motion or objection unless counsel for the movant shall first advise the Court in writing that he

has conferred in good faith with opposing counsel, but that, after a sincere attempt to resolve differences has been made, the attorneys have been unable to reach an accord.

Rule 8-1-105 Free Press - Fair Trial

  1. It is the duty of the lawyer or law firm not to release or authorize the release of information or opinion which a reasonable person would ex- pect to be disseminated by any means of public communication, in connection with pending or imminent criminal litigation with which a law- yer or a law firm is associated, if there is a rea- sonable likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice.

  2. With respect to a pending investigation of any criminal matter, a lawyer participating in or associated with the investigation shall refrain from making any extrajudicial statement which a reasonable person would expect to be dissem- inated, by any means of public communication, that goes beyond the public record or that is not necessary to inform the public that the inves- tigation is underway, to describe the general scope of the investigation, to obtain assistance in the apprehension of a suspect, to warn the public of any dangers, or otherwise to aid in the investigation.

  3. From the time of arrest, issuance of an arrest warrant or the filing of a criminal complaint in any criminal matter until the commencement of trial or disposition without trial, a lawyer or law firm associated with the prosecution or defense shall not release or authorize the release of any extrajudicial statement which a reasonable per- son would expect to be disseminated by any means of public communication, relating to that matter and concerning:

    1. The prior criminal record (including arrests, indictments, or other charges of crime), or the character or reputation of the accused, except that the lawyer or law firm may make a factual statement of the accused’s name, age, residence, occupation, and family status and, if the accused has not been apprehend- ed, a lawyer associated with the prosecution may release any information necessary to aid in his apprehension or to warn the public of any dangers he may present;

    2. The existence or contents of any confes- sion, admission, or statement given by the accused, or the refusal or failure of the ac- cused to make any statement;

    3. The performance of any examinations or tests or the accused’s refusal or failure to submit to an examination or test;

    4. The identity, testimony, or credibility of pro- spective witnesses, except that the lawyer or law firm may announce the identity of the victim if the announcement is not otherwise prohibited by law;

    5. The possibility of a plea of guilty to the of- fense charged or a lesser offense;

    6. Any opinion as to the accused’s guilt or in- nocence or as to the merits of the case or the evidence in the case.

  4. The foregoing shall not be construed to preclude the lawyer or law firm during this period, in the proper discharge of his or its official or profes- sional obligations, from announcing the fact and circumstances of arrest (including time and place of arrest, resistance, pursuit, and use of weapons), the identity of the investigating and arresting officer or agency, and the length of the investigation; from making an announcement, at the time of seizure of any physical evidence other than a confession, admission or statement, which is limited to a description of the evidence seized; from disclosing the nature, substance, or text of the charge, including a brief description of the offense charged; from quoting or refer- ring without comment to public records of the Court in the case; from announcing the sched- uling or result of any stage in the judicial pro- cess; from requesting assistance in obtaining evidence; or from announcing without further comment that the accused denies the charges made against him.

  5. During a jury trial on any criminal matter, in- cluding the period of selection of the jury, no lawyer or law firm associated with the prosecu- tion or defense shall give or authorize any ex- trajudicial statement or interview relating to the trial or the parties or issues in the trial, which a reasonable person would expect to be dissem- inated by means of public communication if there is a reasonable likelihood that such dis-

    semination will interfere with a fair trial, except that the lawyer or law firm may quote from or refer without comment to public records of the Court in the case.

  6. Nothing in this Rule is intended to preclude the formulation or application of more restric- tive rules relating to the release of information about juvenile or other offenders, to preclude the holding of hearings or the lawful issuance of reports by legislative, administrative, or in- vestigative bodies, or to preclude any lawyer from replying to charges of misconduct that are publicly made against him.

  7. All Court supporting personnel, including among others, Tribal and Bureau of Indian Af- fairs Police and their deputies, marshals, deputy marshals, court clerks, deputy court clerks, bai- liffs, court reporters and employees or subcon- tractors retained by the court-appointed official reporters, are hereby prohibited from disclos- ing to any person, without authorization by the Court, information relating to a pending crimi- nal case that is not a part of the public records of the Court. Such personnel are also forbidden from divulging information concerning in cam- era arguments and hearings held in chambers or otherwise outside the presence of the public.

  8. In a widely publicized or sensational civil or criminal case, the Court, on motion of either party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses likely to in- terfere with the rights of the accused to a fair tri- al by an impartial jury, the seating and conduct in the courtroom of spectators and news media representatives, the management and sequestra- tion of jurors and witnesses, and any other mat- ters which the Court may deem appropriate for inclusion in such an order.

    Such a special order may be addressed to some or all of

    the following subjects:

    1. A proscription of extrajudicial statements by participants in the trial (including lawyers, parties, witnesses, jurors and court officials) which might divulge prejudicial matter not of public record in the case.

    2. Specific directives regarding the clearing of entrances to and hallways in the courthouse and respecting the management of the jury

      and witnesses during the course of the tri- al, to avoid their mingling with or being in the proximity of reporters, photographers, parties, lawyers and others, both in entering and leaving the courtroom or courthouse and during recesses in the trial.

    3. A specific direction that the jurors refrain from reading, listening to, or watching news reports concerning the case, and that they similarly refrain from discussing the case with anyone during the trial and from communicating with others in any manner during their deliberations.

    4. Sequestration of the jury on motion of either party or by the Court, without disclosure of the identity of the movant.

    5. Direction that the names and addresses of jurors or prospective jurors not be public- ly released except as required by the Tribal Court, and that no photograph be taken or sketch made of any juror within the envi- rons of the Court.

    6. Insulation of witnesses during the trial.

    7. Specific provisions regarding the seating of spectators and representatives of news me- dia, including:

      1. An order that no member of the public or news media representative be at any time permitted within the bar railing;

      2. The allocation of seats to news media representatives in cases where there are an excess of requests, taking into account any pooling arrangement that may have been agreed to among the newsmen.

  9. The taking of photographs and operation of tape recorders in the courtroom or its environs and radio or television broadcasting from the court- room or its environs during the progress of or in connection with judicial proceedings, including proceedings before a Tribal judge, whether or not Court is actually in session, is prohibited. A Judge may, however, permit (1) the use of elec- tronic or photographic means for the presenta- tion of evidence or the perpetuation of a record,

    (2) the broadcasting, televising, recording, or photographing of investitive, ceremonial, or

    similar proceedings, and (3) the use of electron- ic or photographic equipment including record- ing apparatus by tribal officers or employees ion the regular course of their business within their normal area of operation within the Court- house when such will not interfere with the trial of the case.

  10. As used in this Rule the term “environs” means any place in or near the tribal courtroom, or within the building in which the tribal court- room is situated.

Rule 8-1-106 Plan of the Tribal Court for the Representation of Indigent Defendants

  1. For Whom Appointed. As designated and provided by the Tribal Court for criminal defen- dants, and parents, and children in child custody actions when such persons are found to be finan- cially unable to obtain adequate representation, and free representation is available, or when the Court has adequate funds, not otherwise obli- gated, to pay for such representation.

  2. Appointment Panel. Private attorneys will be appointed by the Judges of this Court. Said ap- pointments shall be made on a rotational basis, subject to the Court’s discretion to make excep- tions due to the nature and complexity of the case, an attorney’s experience, and geographi- cal considerations. Periodically as necessary, the panel will be republished by the Judges of this Court. If sufficient attorneys volunteer to be placed on this panel to satisfy the needs of the Court for representation of indigent persons and children, other attorneys may be excused from service on the panel, provided, that the Court may still request the assistance of such attorneys if necessary or useful to the Court.

  3. Pay. Appointees may be compensated at a rate determined by a Judge of this Court but not to exceed $30.00 per hour for time expended in court and $20.00 per hour for time expended out of court in addition to reasonable expenses as determined by a Judge of this Court as the Court budget and court fund will allow. The compensation for legal services shall not exceed

    $1,000.00 for an attorney in a case in which a crime punishable by banishment is charged, or in termination of parental rights cases, includ- ing all representation before the Supreme Court

    through appeal of the case, and shall not exceed

    $400.00 for an attorney in a case in which a misdemeanor is charged including all represen- tation before the Court through appeal of the case. Compensation in post-conviction cases, probation and parole revocation hearings and material witness matters shall not in any event exceed $250.00 per attorney per case. In all events, the compensation paid shall be in that amount approved by a Judge of this Court.

  4. Claims. Standard forms shall be used through- out and claims for legal compensation and ex- penses and for services other than counsel shall be submitted within 45 days after services are completed.

  5. Obligation of Court-Appointed Counsel to Disclose Client’s Assets. If at anytime after appointment, counsel obtains information that a client is financially able to make payment, in whole or in part, for legal or other services in connection with his or her representation, and the source of the attorney’s information is not protected as a privileged communication, coun- sel shall advise the Court.

  6. Refusal to Represent Indigents. An attorney who neglects or refuses to serve as counsel for an indigent or child in this Court when duly ap- pointed so to do so by either a Judge or a Mag- istrate may have his name removed from the list of those admitted to practice law in this Court, provided, that no attorney shall be required, without his consent, to represent more than one person each calendar year without receiving compensation therefore as provided in para- graph (v) of this rule. For good cause shown, the Court may excuse as attorney from an ap- pointment although such action is not favored. No Government attorney shall be appointed in any such cases.

  7. Persons Obligated To Refund Court Fund For Attorney Fees Or Pay Attorneys.

Every indigent person, and the parents of every child, for whom, a court appointed attorney is obtained, shall be liable to the Tribe for all sums paid to their court appointed counsel as fees and expenses in the action, or all sums which the court, upon motion of appointed counsel, taxes against that person as the fair costs of such rep-

resentation at the conclusion of the case, which amount shall not exceed the amount which the Court would have paid from the court fund or court budget if funds for payment had been available. This liability may be enforced, by motion filed in the case by the parties attorney, the Tribal Attorney, or Tribal District Attorney, at any time after the amount of such attorneys fees and costs have been set by the Court, and process may be issued as in civil cases to en- force this liability. All amounts recovered shall be repaid into the Court fund or Court budget, and if the attorney has not received payment for his fees and costs, the Clerk of the Court shall forthwith pay over to the attorney such amount as he is entitled to pursuant to the order of the Court setting the attorney fees and costs.


CHAPTER TWO OATH OF ATTORNEY

I do solemnly swear:

I will support the Constitution of the United States, and the Constitution of the Tribe. I will maintain the respect due to Courts of justice and judicial officers.

I will be bound by the Code of Professional Re- sponsibility of the American Bar Association and will conduct myself in compliance therewith at all times.

I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law.

I will employ for the purpose of maintaining the causes confided to me such mans only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law.

I will maintain the confidence and preserve invio- late the secrets of my client, and will accept no com- pensation in connection with a client’s business except from the client or with the client’s knowledge and ap- proval.

I will abstain from all offensive personalities, and advance no facts prejudicial to the honor or reputation of a party or a witness, unless required by the justice of the cause with which I am charged.

I will never reject, for any consideration personal to myself, the cause of the defenseless or oppressed, or delay any person’s causes for lucre or malice. So help me God.




CITIZEN POTAWATOMI NATION

CIVIL PROCEDURE

TITLE 9




CHAPTER SECTION

Scope of This Act 001

Jurisdiction in Civil Actions 002

Title of This Act 003

Force of the Tribal Common Law 004

Definitions 005

No Effect Upon Sovereign Immunity 006

Declaratory Judgment 007

Court Costs Not Charged to Tribe 008

Laws Applicable to Civil Actions 009

  1. PLEADINGS, MOTIONS, AND ORDERS

    Commencement of Action 101

    One Form of Action 102

    “Claim” Defined 103

    Constructive Notice of Pendency of Action 104

    Notice of Pendency contingent

    Upon Service 105

    Special Notice for Actions

    Pending in Other Court 106

    Pleadings Allowed: Form of Motion 107

    General Rules of Pleading 108

    Pleadings Special Matters 109

    Form of Pleadings, Motions, and Briefs 110

    Signing of Pleadings 111

    Defenses and Objections – When and How Presented – By Pleadings or Motions – Motion For Judgment on

    the Pleadings 112

    Final Dismissal on Failure to Amend 113

    Counterclaim and Cross-Claim 114

    Counterclaim: Effect of the

    Statute of Limitation 115

    Counterclaims Against Assigned Claims 116

    Third-Party Practice 117

    Amended and Supplemental Pleadings 118

    Pre-Trial Procedure: Formulating Issues 119

    Lost Pleadings 120

    Tenders of Money or Property 121

    Dismissal of Actions 122


  2. PROCESS, SUMMONS, FILING OF PLEADINGS AND OTHER PAPERS

    Issuance of Summons 101

    Form of summons 102

    Personal Service 103

    Service by Mail 104

    Service by Publication 105

    Publication Service Upon Parties and the Unknown Successors of Named Parties 106

    Publication Notice for Recovery of Money 107

    Publication Notice in Quiet Title Actions 108

    Completion of Publication Service 109

    Entry of Default on Party

    Served by Publication 110

    Vacating Default Judgments

    Where Service is by Publication 111

    Certain Technical Errors Not

    Grounds for Vacating Judgment 112

    Meaning of “Successors” for

    Publication Purposes 113

    Minimum Contacts Required

    for Effective Long Arm Service 114

    Consent is Effective Substitute for Service 115

    Reserved 116

    Manner of Making Personal Service 117

    Effect of Service of Some

    of Several Defendants 117.1

    Service Upon a Party Not Inhabitant

    of or Found Within the Reservation 118

    Territorial Limits of Effective Service 119

    Return of Service of Process 120

    Alternative Provisions for

    Service in a Foreign Country 121

    Subpoena 122

    Reserved 123-129

    Summon, Time Limit for Service 130

    Service and Filing of Pleadings

    and Other Papers 131

    Reserved 132-129

    Computation and Enlargement of Time 140

    General Cases in Which Extraterritorial

    Service Authorized 141

    Legal Newspaper 142


  3. PARTIES

    Parties, Plaintiff and Defendant: Capacity 101

    Joinder of Claims, Remedies and Actions 102

    Joinder of Persons Needed

    for Just Adjudication 103

    Permissive Joinder of Parties 104

    Misjoinder and Non-joinder of Parties 105

    Interpleader 106

    Class Actions 107

    Derivative Actions by Shareholders

    and Members 108

    Intervention 109

    Substitution of Parties 110


  4. DEPOSITIONS AND DISCOVERY

    General Provisions Governing Discovery 101

    Depositions Before Action

    or Pending Appeal 102

    Persons Before Whom

    Depositions May Be Taken 103

    Stipulations Regarding

    Discovery Procedure 104

    Depositions Upon Oral Examination 105

    Depositions Upon Written Questions 106

    Use of Depositions In Court Proceedings 107

    Interrogatories to Parties 108

    Production of Documents and Things and Entry Upon Land for Inspections

    and Other Purposes 109

    Physical and Mental

    Examination of Persons 110

    Requests for Admission 111

    Failure to Make Discovery: Sanctions 112


  5. WITNESSES

    SECTION ONE WITNESSES

    Issue and Service of

    Subpoena for Witnesses 101

    Subpoenas – Contents 102

    Subpoena for Deposition 103

    Subpoena for Agency Hearings 104

    Witness May Demand Fees – Exception 105

    Disobedience of Subpoena 106

    Attachment of Witness 107

    Punishment for Contempt 108

    Discharge When Imprisonment Illegal 109

    Requisites of Attachment – Order

    of Commitment 110

    Examination of Prisoner 111

    Prisoner’s Custody During Examination 112

    Witness Privileged 113

    Witness May Demand Fees

    Each Day – Exception 114

    Special Provisions for Tribal Agencies 115

    Reserved 116-149

    SECTION TWO

    TESTIMONY UNDER PRIVILEGE AGAINST PROSECUTION

    Privilege for Committee Testimony 201

    Procedure for Claiming Privilege 202

    Oaths 203

    Penalties 204

    Disgrace as Ground for Refusal to Testify 205

    Prosecution 206

    Fees and Mileage 207


  6. JURORS

Meeting for Selection of Jurors 101

Reserved 102

Preparation of Jury Wheel 103

Drawing General Jury Panel 104

Use of Jury Panel 105

Certifying and Sealing Lists 106

Oath and Delivery of Envelopes 107

Reserved 108

Reserved 109

Summoning Jurors 110

On-Call System Jurors 111

Drawing Trial Jurors From Panel 112

Qualifications and Exemptions of Jurors 113

Substantial Compliance 114

Oath to Jury 115

Reserved 116-120

Discharge of Employee for

Jury Service-Penalty 121

Civil Liability – Damages 122

SECTION TWO IMPANELING JURY

Causes for Challenging Jurors 201

Examination of Jurors 202

Alternate Jurors 203

Order of Challenges 204

Challenges to Jurors – Filling Vacancies 205

Alternate Method of Selecting Jury 206

Oath of Jury 207

Juries of Less Than Six-Majority Verdict 208

Reserved 209-229

SECTION THREE TRIAL PROCEDURE

Order of Trial 301

Taking of Testimony 302

Exceptions Unnecessary 303

Instruction to Jury – Objection 304

Uniform Jury Instructions 305

Objections to Instructions - Copies to Parties 306 View by Jury 307

Deliberations of the Jury 308

Admonition of Jury on Separation 309

Information After Retirement 310

When the Jury May Be Discharged 311

Re-Trial 312

Proof of Official Record 313

Determination of Foreign Law 314

Appointment and Duties of Masters 315

Reserved 316-320


Consolidation; Separate Trials 105

Reserved 106-119


7. TRIALS

SECTION ONE


SECTION FOUR

VERDICT


TRIALS


Findings by the Court

401

Trial of Issues

101

Delivery of Verdict

402

Jury Trial of Right

102

Special Verdict and Interrogatories

403

Trial by Jury or by the Court

103

Jury Must Assess Amount of Recovery

404

Assignment of Cases for Trial

104

Motion for a Directed Verdict and for


Judgment Notwithstanding the Verdict 405

Reserved 406-420

SECTION FIVE

MISCELLANEOUS TRIAL PROVISIONS

Provisions Applicable to Trials by Court 501 Trial Docket 502

Trial Docket for Bar 503

Order of Trial of Cases Docketed 504

Time of Trial 505

Continuances 506

Bifurcated Jury Trials 507

PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

SECTION ONE

Seizure of Person or Property 101

Receivers Appointed by Tribal Courts 102

Deposit in Court 103

Process in Behalf Of and Against

Persons Not Parties 104

Security – Proceedings Against Sureties 105

Execution 106

Reserved 107-110

SECTION TWO INJUNCTIONS

Injunction Defined 201

Cause for Injunction – Temporary

Restraining Order 202

Temporary Restraining Order:

Notice: Hearing: Duration 203

Temporary Restraining Order – Service 204

Preliminary Injunction 205

Preliminary Injunction – Criteria 206

Form and Scope of Injunction

or Restraining Order 207

Employer and Employee; Interpleader; Constitutional Cases 208

Security 209

Use of Affidavits 210

Injunction by Defendant 211

Injunction is Equitable 212

Modification of Preliminary Injunction 213

Modification of Permanent Injunction 214

Injunctions Tried to the Court 215

Enforcement of Restraining Orders and Injunctions 216

Reserved 217-230


  1. JUDGMENT SECTION ONE

    Judgments – Costs 101

    Default 102

    Offer of Judgment 103

    Judgment for Specific Act-Vesting Title 104

    Summary Judgment 105

    Declaratory Judgments 106

    Entry of Judgments 107

    New Trials-Amendments of Judgments 108

    Relief From Judgment or Order 109

    Harmless Error 110

    Stay of Proceedings to Enforce a Judgment 111

    Disability of a Judge 112

    Reserved 113

    Judgment Against Infant 114

    Judgments as Liens 115

    Discharge of Money Judgment Liens 116

    Additional Case Deposits 117

    Reversal by Supreme Court 118

    Interest on Money Judgments 119

    Exempt Property 120

    Payment of Judgments From

    Individual Indian Moneys 120.1


    SECTION TWO FOREIGN JUDGMENTS

    Definition 201

    Filling and Status of Foreign Judgments 202

    Grounds for Non-Recognition 203

    Grounds for Non-Refusal 204

    Notice of Filing 205

    Stay of Execution of Foreign Judgment 206

    Fees 207

    Optional Procedure 208

    SECTION THREE CONTRIBUTION

    Joint Debtors or Sureties 301

    Joint Tort-Feasors – Contribution – Indemnity Exemptions – Release, Covenant

    Not to Sue, Etc. 302

    Reserved 303-310

    SECTION FOUR COSTS

    Affidavit in Forma Pauperis 401

    False Swearing in Such Case 402

    Costs Where Defendant Disclaims 403

    Certain Costs Taxed at Discretion of Court 404

    Costs to Successful Party as Matter of Course 405

    Costs in Other Cases 406

    Several Actions on Joint Instrument 407

    Clerk to Tax Costs 408

    Cost of Notice or Other Legal Publication 409

    Attorney Fees Taxable as Costs 410

    Costs Defined 411

    Authority of Court to Fix Cost Rates 412

  2. LIMITATIONS APPLICABLE

    Limitations Applicable 101

    Limitation of Real Actions 102

    Persons Under Disability-In

    Real Property Actions 103

    Limitation of Other Actions 104

    Persons Under Disability in Actions Other

    Than Real Property Action 105

    Absence or Flight of Defendant 106

    Limitation of New Action After Failure 107

    Extension of Limitation 108

    Statutory Bar Absolute 109

    Law Governing Foreign Claims 110

    Limitation of Building

    Construction Tort Claims 111

  3. HABEAS CORPUS

    Person Who May Prosecute Writ 101

    Application for Writ 102

    Writ Granted 103

    Direction and Command of Writ 104

    Delivery to Tribal Police Chief 105

    Service on Party Other Than

    Tribal Police Chief 106

    Service When Person Not Found 107

    Return and Enforcement of Writ 108

    Manner of Return 109

    Proceedings in Case of Sickness or Infirmity 110

    Hearings and Discharge 111

    Reserved 112

    Writ Upon Temporary Commitment 113

    Writ May Issue to Admit to Bail 114

    Notice to Interested Persons 115

    Powers of Court 116

    Officers Not Liable for Obeying Orders 117

    Issuance of Warrant of Attachment 118

    Arrest of Party Causing Restraint 119

    Execution of Warrant of Attachment 120

    Temporary Orders 121

    Issuance and Service on Sunday 122

    Issue of Process 123

    Protection of Infants and Insane Persons 124

    Security for Costs Not Required 125


  4. MANDAMUS

    Functions of Mandamus 101

    Writ Not Issued Where Remedy at Law 102

    Forms and Contents of Writs 103

    When Peremptory Writ of Issue 104

    Petition Upon Affidavit 105

    Allowance and Service of Writ 106

    Answer 107

    Failure to Answer 108

    Similarity to Civil Action 109

    Recovery by Plaintiff 110

    Damages Bar Further Actions 111

    Penalty for Refusal or Neglect to Perform 112

  5. QUO WARRANTO

    Quo Warranto – Relief Obtainable

    by Civil Action 101

    Grounds for Action 102

    Persons Who May Bring Action 103

    Reserved 104

    Judgment for Plaintiff 105

    Enforcement of Judgment 106

    Separate Action for Damages 107

    Corporations 108


  6. SMALL CLAIMS PROCEDURE

    Small Claims 101

    Small Claims Affidavit 102

    Preparation of Affidavit 103

    Service of Affidavit 104

    Date for Appearance 105

    Transfer of Actions 106

    Counterclaim or Setoff 107

    Actions for Amounts Exceeding in

    Excess of Two Thousand Dollars 108

    Attachment or Garnishment, Other Matters 109

    Trial by Court 110

    Payment of Judgment 111

    Appeals 112

    Fees 113

    Costs 114

    Judgments Rendered Under

    Small Claims Procedure 115

    Fee for Docketing Judgments 116

    Other Actions In Small Claims Court 117

    PREFACE

    Section 9-0-001 Scope of This Act

    This Act governs procedure in all suits of a civil nature whether at law or in equity. These rules shall be construed to secure the just, speedy, and inexpensive determination of every action.

    Section 9-0-002 Jurisdiction in Civil Actions

    1. The Tribal Court may exercise jurisdiction over any person or subject matter on any basis con- sistent with the Constitution of the Tribe, and any specific restrictions or prohibitions con- tained in Federal law.

    2. The Citizen Potawatomi Nation maintains civil and criminal jurisdiction over its members and others who enter into a voluntary relationship with the Nation.

    3. Citizenship or membership in the Citizen Potawatomi Nation is voluntary. Anyone who chooses to disassociate himself or herself from the Nation may do so by withdrawing from the tribal rolls. Therefore, those individuals who maintain membership in the Citizen Potawatomi Nation do so knowing that they voluntarily “as- sume tribal relations” with the Nation

    4. Individuals who voluntarily “assume tribal re- lations” with the Citizen Potawatomi Nation through voluntary tribal membership, intermar- riage, Residence, or other substantial activities are subject to the criminal and civil jurisdiction of the Citizen Potawatomi Nation. Criminal and civil jurisdiction over tribal members shall not be dependent upon the location or jurisdic- tion of their residence.

Section 9-0-003 Title of this Act

This Act shall be known as the Code of Civil Procedure. Section 9-0-004 Force of the Tribal Common Law The customs and traditions of the Tribe, to be known

as the Tribal Common Law, as modified by the Tribal

Constitution and statutory law, judicial decisions, and the condition and wants of the people, shall remain in full force and effect in like force with any statute insofar as the common law is not modified, but all Tribal statutes shall be liberally construed to promote their object.

Section 9-0-005 Definitions

  1. “Chief Executive Officer” shall mean the Chair- man of the Tribe.

  2. “Other Indian Tribe” shall mean any Federally recognized Indian Tribe.

  3. “Real Property” or “non-trust interest in real property” shall mean any interest in real prop- erty within the Tribal jurisdiction other than In- dian trust title or fee title subject to a restriction upon alienation by the United States. Nothing in this Act shall be construed as affecting or at- tempting to affect the trust or restricted title to trust or restricted Indian land.

  4. “Reservation” means the recognized treaty res- ervation boundaries.

  5. “Tribal Legislative Body” means the Constitu- tional Legislature.

  6. “Tribal jurisdiction” means all Indian Country as defined in 18 U.S.C. §1151 and all other ju- risdiction consistent with Federal law.

Section 9-0-006 No Effect Upon Sovereign Immunity

Nothing in this Act contained shall be construed to be a waiver of sovereign immunity of the Tribe, its officers, employees, agents, or political subdivisions or a consent to any suit beyond limits now or hereafter specifically stated by Tribal law.

Section 9-0-007 Declaratory Judgment

The Court, in any actual controversy shall have the authority to declare the rights of the parties even though a money judgment or equitable relief is not requested or due. The Court may issue its declaratory judgment recognizing Tribal common law marriages and divorces, and provide for the custody of children and division of property in such divorces.

Section 9-0-008 Court Costs Not Charged to Tribe

The Tribe, its officers, employees, agents, or political subdivisions acting in their official capacity shall not be ordered to pay Court costs or attorney fees but if these entities prevail, the cost may be charged to the losing party.

Section 9-0-009 Laws Applicable to Civil Actions

  1. In all civil cases, the Tribal District Court shall apply:

    1. The Constitution, Statutes, and Common Law of the Tribe not prohibited by applica- ble Federal law, and, if none, then

    2. The Federal law including Federal common

      law, and, if none, then

    3. The laws of any State or other jurisdiction which the Court finds to be compatible with the public policy and needs of the Tribe.

  2. No Federal or state law shall be applied to a civ- il action pursuant to paragraphs (2) and (3) of Subsection (A) if inconsistent with the laws or public policy of the Tribe.

  3. Where any doubt arises as to the customs and usages of the Tribe, the Court, on its own mo- tion or the motion of any party, may subpoena and request the advice of elders and councilors.

Section 9-0-010 through 9-0-011 Reserved Section 9-0-012 Court Action When

No Procedure Provided

In any case in which no specific procedure is provided by Tribal law or Court rule the Court may proceed in any lawful fashion not inconsistent with Tribal law, the rules of the Court, or the Indian Civil Rights Act.


CHAPTER ONE PLEADINGS, MOTIONS, AND ORDERS

Section 9-1-101 Commencement of Action

A civil action is commenced by filling a complaint.

Section 9-1-102 One Form of Action

There shall be one form of action to be known as a “civil action”.

Section 9-1-103 “Claim” Defined

The term “claim” means any right of action which may be asserted in a civil action or proceeding.

Section 9-1-104 Constructive Notice of Pendency of Action

Upon the filing of a complaint in the District Court, the action gives constructive notice to third persons of its pendency. While an action is pending, no third persons shall acquire an interest in the subject matter of the suit against plaintiff’s title, except as provided in Sections 9-1-105 and 9-1-106.

Section 9-1-105 Notice of Pendency Contingent Upon Service

Notice of the pendency of an action shall have no effect unless service of process is made upon the defendant within one hundred twenty (120) days.


Section 9-1-106 Special Notice for Actions Pending in Other Court

No action pending in either state, federal or other Tribal Court shall constitute notice to any real property or personal property located within Tribal jurisdiction until a notice of pendency, identifying the case and the court and giving the legal description of the land or the description of the personal property and its location is filed with the Court Clerk.

Section 9-1-107 Pleadings Allowed:

Form of Motions

  1. There shall be a complaint and an answer; a reply to a counterclaim; an answer to a cross- claim, if the answer contains a cross-claim; a third-party complaint, if a person not an original party is summoned under Section 9-1-117; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except the Court may order a reply to an answer or a third-party answer.

  2. Motions and Other Papers.

    1. An application for an Order shall be by mo- tion which, unless made during shall:

      1. Be made in writing,

      2. State particular grounds and

      3. State the relief or order sought.

        The requirement is fulfilled if stated in a written notice

        of the motion hearing.

    2. The rules applicable matters of form apply

to all papers filed.

Section 9-1-108 General Rules of Pleading

  1. Claims for Relief: A claim for relief, wheth- er an original, counterclaim, cross-claim, or third-party claim, shall contain (1) a short and plain statement showing the pleader is entitled to relief, and (2) a demand for judgment alterna- tive relief may be demanded.

  2. Defenses; Form of Denials: A party shall state in short and plain terms his defenses and shall admit or deny the allegations. He may make his denials or generally denies. A pleader may deny only a part or a qualification; they shall specify what is true and deny the remainder. When they intend to controvert all, including the Court’s jurisdiction, he may do so by general denial

    subject to Section 9-1-111. If they is without knowledge or information sufficient to form a belief, he shall so state.

  3. Affirmative Defenses: A party shall state de- fense relied upon:

    1. Accord and satisfaction;

    2. Arbitration and award;

    3. Assumption of risk;

    4. Contributory negligence;

    5. Discharge in bankruptcy;

    6. Duress;

    7. Estoppel;

    8. Failure of consideration;

    9. Fraud;

    10. Illegality;

    11. Injury by fellow servant;

    12. Laches;

    13. License;

    14. Payment;

    15. Release;

    16. Res judicata;

    17. Statute of Frauds;

    18. Statute of Limitations;

    19. Waiver;

    20. Any other matter.

      If a defense is designated as a counterclaim or counterclaim as a defense, the Court, shall treat the pleading as if properly designated. If a defense is not raised it is deemed waived.

  4. Effect of Failure to Deny: Allegations other than as to the amount of damage are admitted when not denied. Allegations to which no re- sponsive pleading is required shall be taken as denied or avoided.

    1. A party may state and rely upon two or more statements of a claim or defense or hypo- thetically, either in one or in separate counts or defenses. When two or more alternative statements are made and one independent- ly would be sufficient, the pleading is not insufficient by one or more of the alterna- tive statements. A party may state separate

      claims or defenses regardless of consistency and grounds. All statements shall be made subject to Section 9-1-111.

  5. Construction of Pleadings: All pleadings shall be liberally construed to do substantial justice.

Section 9-1-109 Pleadings Special Matters

  1. Capacity: It is not necessary to state the ca- pacity or the authority of a representative party to sue or be sued or the legal existence of an association made a party, except to show the jurisdiction of the Court. When a party the le- gal existence of any party or capacity the party is representative capacity to sue or be sued he shall so specifically state and include particulars within the pleader’s knowledge, and shall have the burden of proof.

  2. Fraud, Mistake, Condition of the Mind: In all allegations of fraud or mistake, the circum- stances shall be stated with particularity. Mal- ice, intent, knowledge, and other conditions of mind may be generally alleged.

  3. Conditions Precedent: In pleading the perfor- mance or occurrence of conditions precedent, it is sufficient to allege generally all conditions precedent have occurred. A denial of perfor- mance or occurrence of conditions precedent shall be particularly plead.

  4. Official Document or Act: It is sufficient to assert an official document or act was issued or done lawfully.

  5. Judgment: It is sufficient to assert the judg- ment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer without showing jurisdiction to render it.

  6. Time and Place: Assertions of time and place are material and shall be considered like other materials matters.

  7. Special Damage: Special damages shall be specific, but amounts need not be alleged to ob- tain judgment.

Section 9-1-110 Form of Pleadings, Motions, and Briefs

  1. Caption; Names of Parties: Every pleading shall contain the name of the Court, title of the action, file number, and a designation in Section

    9-1-107 (A) terms. The title of the action shall include names of all parties; in later pleadings it is sufficient to state the first party on each side with an indication of other parties. In the ini- tial third party complaint, counterclaim, cross- claim, motion and petition in intervention or a pleading suing or being sued in a representative capacity, designations of all parties shall be made. Thereafter, papers may contain only the name of the first party in each category with an indication of other parties.

  2. Paragraphs; Separate Statements: All as- sertions shall be made in numbered paragraphs, each shall be limited to a single set of circum- stance; and may be referred to by number in all succeeding filings. Claims founded upon a separate transaction or occurrence and defenses other than denials shall be stated separately.

  3. Adoption b Reference; Exhibits: Statements in filings may be adopted by reference. A copy of any written instrument which is a filed exhib- it is part thereof for all purposes.

Section 9-1-111 Signing of Pleadings

  1. Every pleading by an attorney or advocate shall be signed by an attorney or advocate of record including address and telephone number.

  2. A party shall sign and state his address and tele- phone number except when specifically provid- ed pleadings need not be verified or accompa- nied by affidavit.

Section 9-1-112 Defenses and Objections - When and How Presented – By Pleadings or Motions -

Motion for Judgment on the Pleadings

  1. When Presented:

    1. A defendant shall serve his answer within 20 days after service of summons and com- plaint, except when service is made under Section 9-2-116, 9-2-118 or 9-2-121 and a different time is prescribed by order of Court, or Tribal Law.

      A Party served with a cross-claim shall serve an answer within 20 days after ser- vice. The plaintiff shall serve his reply to a counterclaim within 20 days after service of the answer, or, if a reply is ordered by the Court, within 20 days after service un- less otherwise directed. The Tribe or an of-

      ficer or agency shall serve an answer to the complaint or cross-claim, or counterclaim, within 60 days after service upon the Tribal attorney (or Chief Executive Officer if no Tribal attorney) of the pleading, no default judgment shall be entered against the Tribe.

      The service of a motion under this Section alters time periods, unless fixed by Court order. (1) If the Court denies the motion or postpones its disposition until trial, the re- sponse shall be served within 10 days after notice of the Court’s action. (2) If the Court grants a motion for a more definite state- ment the response shall be served within 10 days after the service.

    2. Within the time an answer may be served, a defendant may file any entry of appearance and reserve twenty (20) additional days to answer or defend. Any entry of appearance shall extend the time to respond twenty (20) days from the last date for answering and is a waiver of all defenses numbered 2, 3, 4, 5, and 9 of paragraph (B) provided a waiver of sovereign immunity shall not be implied under number 9 of paragraph (B).

  2. How Presented: Every defense, whether a claim, counterclaim, cross-claim, or third-par- ty claim, shall be asserted in the responsive pleading if one is required, except the following defenses may be made by motion:

    1. Lack of subject matter jurisdiction;

    2. Lack of personal jurisdiction;

    3. Improper venue or forum non conveniens;

    4. Insufficiency of process;

    5. Insufficiency of service of process;

    6. Failure of state a claim upon which relief can be granted;

    7. Failure to join a party under Section 303;

    8. Another action pending between the same parties and claim;

    9. Lack of capacity to be sued; and

    10. Lack of capacity to sue.

      No defense or objection is waived by being joined with one or more defenses or objections a claim which the adverse party is not required to serve a responsive pleading, he may assert at trial any defense. If, a motion

      asserting number (6) to dismiss matters outside the pleading are presented and not excluded by the Court, the motion shall be treated as a summary judgment as provided in Section 9-9-105, and parties shall present all materials made pertinent by Section 9-9-105. Every motion to dismiss shall be accompanied by a brief in support unless waived by the Court.

  3. Motion for Judgment on the Pleadings: After pleadings are closed, any party may move for judgment on the pleadings. If matters outside the pleadings are presented and not excluded, the motion shall be treated as one for summary judgment and parties shall be given opportu- nity to present all materials made pertinent by Section 9-9-105. Every motion to dismiss shall be accompanied by a brief in support unless waived by the Court.

  4. Preliminary Hearing: The defenses enumer- ated in subdivision (B) and the motion for judg- ment in subdivision (C) shall be heard and de- termined before trial on application unless the Court orders the hearing and determination be deferred.

  5. Motion for More Definite Statement: A pleading to which a response is permitted is so vague or ambiguous a party cannot be required to respond, he may move for a more definite statement. The motion shall point out defects and the details desired. If the motion is granted and the order is not obeyed within 10 days after notice or within time fixed, the Court may strike the pleading and make such order as just. Such motions are not favored.

  6. Motion to Strike: Upon motion before re- sponding to a pleading or, if no response plead- ing is permitted upon motion made within 20 days after service of the pleading or upon the Court’s own initiative, the Court may order stricken any insufficient defense or redundant, immaterial, impertinent, or scandalous mat- ter. A motion to strike an insufficient defense if matters outside the pleadings are presented and not excluded, the motion shall be treated as partial summary judgment and parties shall be given opportunity to present all materials made pertinent by judgment rules.

  7. Waiver or Preservation of Certain Defenses:

    1. A defense of lack of jurisdiction over the

      person, improper venue or an inconvenient form, insufficiency of process, insufficiency of service or process or lack of capacity to sue is waived (A) if omitted as described in subdivision (G), or (B) if neither made by motion nor in a responsive pleading or an amendment permitted (Section 9-1-118 (A) or (C)) if a permissive counterclaim is filed (Section 9-1-114 (B)).

    2. A defense of failure to state a claim failure to join a party indispensable (Section 9-3- 103), land an objection of failure to state a legal defense and a defense of another ac- tion pending may be made in any pleading permitted or ordered (Section 9-1-107 (A)), or by motion for judgment on the pleadings, or at the trial.

    3. The Court may, permit additional defenses or objections at any time prior to a decision.

Section 9-1-113 Final Dismissal on Failure to Amend

Upon dismissing a claim for relief, the Court shall grant leave to amend and shall specify the time for filing which should normally be ten (10) days. If not filed timely, final judgment of dismissal with prejudice shall be entered on motion except for excusable neglect. Within the time for filing an amended pleading, a plaintiff may voluntarily dismiss the action without prejudice.

Section 9-1-114 Counterclaim and Cross-Claim

  1. Compulsory Counterclaims: A pleading shall state a counterclaim against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of opposing party’s claim and does not require the presence of third parties of whom the Court cannot acquire juris- diction. The pleader need not state the claim if

    1. at the time the action was commenced the claim was the subject of another pending ac- tion or (2) the opposing party brought suit by attachment or other process by which the Court did not acquire jurisdiction pleading a compul- sory counterclaim does not waive any defenses which are properly raised.

  2. Permissive Counterclaims: A pleading may state a counterclaim not arising out of the trans- action or occurrence that is the subject matter of opposing party’s claim.

  3. Counterclaim Exceeding Opposing Claim: A counterclaim may diminish, defeat, exceed or be different from that sought by opposing party.

  4. Counterclaim Against the Tribe: This Act shall not enlarge limits on the right to assert counterclaims or to claim credits against the Tribe or an officer or agency. A compulsory counterclaim does not waive the defenses of sovereign immunity when made by the Tribe or an officer or an agency thereof. A permissive counterclaim waives the defense of sovereign immunity for the purpose of determining the permissive counterclaim stated by the Tribe, its officer, or agency, but does not waive such de- fenses for any other purpose.

  5. Counterclaim Maturing or Acquired After Pleading: A claim which matured or was ac- quired may, with permission be presented by supplemental pleading.

  6. Omitted Counterclaim: When a pleader omits counterclaim when justice requires, he may by permission be allowed an amendment with leave of the Court (Section 9-1-118 (A)).

  7. Cross-claim Against Co-party: A pleading may state a cross-claim against a co-party aris- ing out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim or relating to any prop- erty the subject matter of the original action. Such cross-claim may include a claim the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.

  8. Joinder of Additional Parties: Persons may be made parties to a counterclaim or cross- claim (Section 9-3-103 and 9-3-104).

  9. Separate Trials; Separate Judgments: If the Court orders separate trials (Section 9-7-105 (B)), judgment on a counterclaim, cross-claim, or third party claim may be rendered (9-9-101 (B)) even if claims of the opposing party have been dismissed or disposed.

Section 9-1-115 Counterclaim: Effect of the Statutes of Limitation

  1. Where a counterclaim and the claim of the op- posing party arise out of the same transaction or occurrence, the counterclaim shall not be barred

    by a statute of limitation and the counterclaim- ant shall not be precluded from recovering an affirmative judgment.

  2. Where a counterclaim and the claim of the op- posing party:

    1. Do not arise out of the same transaction or occurrence; and

    2. Both claims are for money judgments; and

    3. Both claims occurred before either was barred by a statute of limitation; and

    4. The counterclaim is barred by a statute of limitation, the counterclaim may be asserted only to reduce the opposing party’s claim.

  3. Where a counterclaim was barred by a statute of limitation before the claim of the opposing party arose; the barred counterclaim cannot be used for any purpose.

Section 9-1-116 Counterclaims Against Assigned Claims

A party, other than a holder in due course, who acquired a claim takes the claim subject to any defenses or counterclaims that could have been asserted against the original claimant, but the recovery of a counterclaim may be asserted against the assignee only to reduce the recovery of the opposing party.

Section 9-1-117 Third-Party Practice

  1. When Defendant May Bring in Third Par- ty: A defending party, as a third-party plain- tiff, may cause a summons and complaint to be served upon a person not a party who may be liable to him for all or part of plaintiff’s claim or who may be liable to him on a claim arising out of the transaction or occurrence the subject matter of any claim(s). The third-party plain- tiff need not obtain leave to make service if he files the third-party complaint not later than 10 days after he serves his original answer. Oth- erwise he must obtain leave upon notice to all parties. The person served with the summons and third-party complaint; hereinafter the third-party defendant shall make his defenses to the third-party plaintiff’s claim, counterclaims and cross-claims against other third-party de- fendants. The third-party defendant may assert any defenses which the third-party plaintiff has to the plaintiff’s claim. The third-party defen- dant may also assert any claim against the plain-

    tiff arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party de- fendant arising out of the transaction or occur- rence that is the subject matter of the plaintiff’s claim against the third-party plaintiff, and the third-party defendant shall assert his defenses and counterclaims and cross-claims.

  2. Party Defendants in Real Property Actions: In an action involving real property, any person appearing in the title, or claiming or appearing to claim some interest in the real property, may be included as a party defendant by using sub- stantially the following “said defendant named herein claims some right, title, lien, estate, en- cumbrance, claim, assessment, or interest in and to the real property involved herein, adverse to plaintiff which constitutes a cloud upon the ti- tle of plaintiff and defendant has no right, title, lien, estate, encumbrance, claim, assessment, or interest, either in law or in equity, in and to the real property involved herein”, that same is in- sufficient to include any and all claims, known or unknown, that such defendant may have in and to the real property involved in such case, it not being necessary to set out the reason for such claim or claims or other pleading for such person.

Section 9-1-118 Amended and Supplemental Pleadings

  1. Amendments: A party may amend once be- fore a responsive pleading is served or, if the pleading is one which no responsive pleading is permitted and has not been placed upon the trial calendar, amend within 20 days after it is served, including adding omitted counterclaims or cross-claims or to add or drop parties. Other- wise a party may amend only by leave of Court or by written consent of the adverse party; and leave shall be freely. A party shall respond to an amended pleading within the time remaining for the original pleading or within 10 days after service of the amendment whichever period is longer, unless otherwise ordered.

  2. Amendments to Conform to the Evidence: When issues not plead are tried by express or implied consent of parties, they shall be treat- ed as if plead Amendment may be necessary

    to conform to the evidence and may be made upon motion at any time, even after judgment; but failure to amend does not affect the result. If evidence is objected to on the ground it is not within the issues plead the Court may al- low amendment and shall do so freely when the actions merited and the admission of such evidence would not prejudice the Court. The Court may grant a continuance to the objecting party. Where the pretrial conference order has superseded the pleadings, the pre-trial order is controlling and is sufficient to amend the order and the pleadings need not be amended.

  3. Relation Back of Amendments: Whenev- er the claim or defense asserted in the amend- ed pleading arose out of the conduct, transac- tion or occurrence in the original pleading, the amendment or supplemental pleading relates back to the date of the original pleading. An amendment changing the party relates back if the foregoing provision is satisfied and, within the period provided for commencing the action the party brought in (1) has received notice of the action he will not be prejudiced in maintain- ing his defense, and (2) know or should have known, but for a mistake identity the action would have been against him.

    The delivery or mailing of process by the Tribal Attorney, his designee, or Attorney General, or an agency or officer to a proper defendant satis- fies clauses (1) and (2) with respect to the Tribe.

  4. Supplemental Pleadings: Upon motion the Court may, upon reasonable notice and just terms permit service of supplemental; pleadings of transactions or occurrences happening since the date of the original pleading. Permission may be granted though the original pleading’s claim for relief or defense is defective. The Court may order an adverse party to respond.

Section 9-1-119 Pre-Trial Procedure;

Formulating Issues

  1. The Court may direct attorneys to appear for a conference to:

    1. Simplify issues;

    2. Amend or supplement pleadings;

    3. Obtain admissions of acts and documents;

    4. Limiting expert witnesses;

    5. Consider submission of issues to a master for findings to be used as evidence when a jury trial;

    6. Consider other matters.

  2. The Court shall make an order reciting action taken amendments allowed and agreements made which limits issues to those not disposed of by admissions or agreements; and such order when entered controls, unless modified at trial to prevent injustice. The Court may establish by Rule a pre-trial calendar.

Section 9-1-120 Lost Pleadings

If a pleading is lost or withheld, the Court may allow substitution.

Section 9-1-121 Tenders of Money or Property

When a tender of money or property is alleged, it shall not be necessary to deposit the same in Court at filing but it shall be sufficient if deposited at trial, or when ordered.

Section 9-1-122 Dismissal of Actions

  1. Voluntary Dismissal: Effect Thereof:

    1. By Plaintiff: An action may be dismissed without Court Order (Section 9-3-107) or (Section 9-8-102).

      1. By filing a notice of dismissal before service by the adverse party of an an- swer or motion of summary judgment, or

      2. By filing a stipulation of dismissal signed by all parties who have ap- peared. Unless stated the dismissal is without prejudice, except a notice of dismissal without the consent of the defendants operates as an adjudi- cation upon the merits when filed by a plaintiff who has once voluntarily dismissed, without consent of defen- dants, in any Tribal, State or Federal Court, an action based on or includ- ing the same claim, unless the dis- missal was entered due to inability to obtain personal jurisdiction over an indispensable party or lack of subject matter jurisdiction. If the plaintiff claims the exceptions, it shall so state in its notice of dismissal and shall ap-

        ply to the District Court, upon notice for an order determining the previous dismissal was within the exceptions and the plaintiff is entitled to dismiss is without prejudice. The Court may grant such application with regard for costs, attorney fees, and inconve- niences, and any motive to harass, em- barrass, or delay the defendants.

    2. By Court order Except as in paragraph (1) an action shall not be dismissed at the plain- tiff’s instance save upon Court order and terms and conditions the Court deems prop- er. If a counterclaim has been plead prior to service of plaintiff’s motion to dismiss, the action shall not be dismissed against de- fendant’s objection unless the counterclaim remains pending for independent adjudica- tion.

      Unless specified, a dismissal is without

      prejudice.

  2. Involuntary Dismissal: Upon plaintiff’s fail- ure to prosecute or comply with this Act, rule, or order defendant may move for dismissal. After plaintiff, in a bench trial has completed presentation of evidence, the defendant, without waiving his right to offer evidence may move for dismissal on the ground plaintiff has shown no right to relief. The Court may then render judgment against plaintiff or may decline. If the Court renders judgment against plaintiff, the Court shall make findings. Unless the Court or- der specifies, a dismissal other than a dismissal for lack of jurisdiction, or for failure to join a party is an adjudication upon the merits.

  3. Dismissal of Counterclaim, Cross-Claim, or Third Party Claim: This section applies to the dismissal of any counterclaim, cross-claim, or third-party claim.


CHAPTER TWO PROCESS, SUMMONS

FILING OF PLEADINGS AND OTHER PAPERS

Section 9-2-101 Issuance of Summons

Upon filing of complaint, the Court Clerk shall issue a summons and deliver it for service with a copy for plaintiff’s attorney, Chief of Tribal Police or person specially appointed to serve it. Upon request of plaintiff,

separate or additional summons shall issue against any defendants.

Section 9-2-102 Form of Summons

The summons shall be signed by the Court Clerk under the seal of the Court, contain the Court’s name and names of parties, be directed to the defendant, state name and address of plaintiff’s attorney, if any, otherwise plaintiff’s address, and time within which defendant is to appear, and notify him that his failure may result in judgment by default. When service

is made, the summons, or notice, or order in lieu of summons shall correspond to that required.

Section 9-2-103 Personal Service

  1. Process including a subpoena, if served in per- son, shall be served by the Chief of the Tribal Police or his deputy, a person licensed, or a per- son specially appointed by the Court.

  2. When process has been served and return filed with the Court Clerk, a copy of the return shall be sent to the serving party’s attorney within three (3) days.

  3. Process, other than subpoena, shall not be served by a party’s attorney except (Section 9-2-104). A pro se party may make service in the same manner and to the same extent.

  4. The Court shall freely make special appoint- ments.

Section 9-2-104 Service by Mail

  1. A summons and petition, and a subpoena, may be served by mail by plaintiff’s attorney, or any person authorized.

  2. Service is obtained by mailing the subpoena, or copy of summons and petition, by certified mail, return receipt requested and delivery re- stricted to the addressee.

  3. Service shall not be the basis for a default judg- ment unless the record contains a return receipt showing acceptance or returned envelope show- ing refusal of process by the defendant. If de- livery is refused, upon notice of refusal and at least ten (10) days before applying for entry of default judgment, the person serving process shall mail defendant by first-class a copy of the summons and petition and a notice that despite refusal the case will proceed and judgment will be rendered. A copy of said notice and proof

    of mailing shall be filed prior to the entry of a judgment. Any such judgment shall be set aside upon defendant’s motion, the return receipt was signed, or delivery was refused by an unautho- rized person. Such motion shall be filed within one (1) year after the defendant has notice of default.

  4. Concerning a legal entity (Section 9-2-117 (C)) acceptance or refusal by any officer or by em- ployee of the registered office or principal place of business who is authorized to or who regular- ly receives certified mail shall constitute accep- tance or refusal.

  5. Concerning a governmental organization accep- tance or refusal by an employee of the office (Section 9-2-117) who is authorized to or who regularly receives certified mail shall constitute acceptance or refusal.

Section 9-2-105 Service by Publication

Publication is permitted when stated in the petition, verified by plaintiff or attorney, or in a separate affidavit that with due diligence service cannot be made by any other method.

Section 9-2-106 Publication Service Upon Parties and the Unknown Successors of Named Parties

  1. Service of summons upon named parties, their unknown successors named decedent, or dis- solved partnership, corporation, or other associ- ation may be made by publication when stated in the complaint, verified by plaintiff or attor- ney, or in a separate affidavit that the verified or affiant does not know, and with due diligence cannot ascertain.

    1. Whether a person is alive, and, if dead, the names or whereabouts of his successors;

    2. The names or whereabouts of a party and unknown successors, of the named decedent or other parties.

    3. Whether a partnership, corporation, or oth- er association continues to have legal exis- tence or the name or whereabouts of its offi- cers or successors.

    4. Whether any person designated as trustee continues as trustee; or names or where- abouts of successors, or

    5. The names or whereabouts of owners or

      holder of special assessment or any bonds, or bills or similar instruments.

  2. Service shall be made by notice, signed by the Court Clerk, in a newspaper authorized to pub- lish legal notices within Pottawatomie County and of general circulation at a last known ad- dress.

  3. All named parties, unknown successors, and other persons may be included in one notice. The notice shall state:

    1. The name of the Court,

    2. The names of the parties,

    3. Designate parties whose unknown succes- sors are being served,

    4. That the named parties and their unknown successors have been sued and must answer on or before a date certain not less than thir- ty-one (31) days from date of publication or a described judgment, will be rendered,

    5. Notice need not state the judgment will in- clude recovery of costs.

  4. If jurisdiction is based on property, any real property and property or debts to be attached or garnished must be described.

  5. Service is complete upon publication.


Section 9-2-107 Publication Notice for Recovery of Money

It is not necessary to state separate items but the total money amount claimed must be stated. It is not necessary to state the rate of interest, the date from which interest is claimed, or that interest is claimed until the obligation is paid.

Section 9-2-108 Publication Notice in Quiet Title Actions

In real property quiet title actions it is not necessary to state the nature of the claim or interest of either party, and in describing the requested judgment should defendant fail to answer, it is sufficient to state a decree quieting plaintiff’s title to the described property will be entered. It is not necessary to state a decree barring the defendant from asserting any interest in or to the property is sought or will be entered if the defendant does not answer. In quiet title actions notice shall be published twice. The second publication shall not be less than seven nor more than forty-five days after

the first publication. The answer shall be due thirty- one days after the second publication, and service is complete upon the second publication.

Section 9-2-109 Completion of Publication Service

Service by publication shall be proved by the affidavit of any person having knowledge of the publication with a copy of the published notice. No default judgment may be entered until proof of service by publication is filed and approved by the Court.

Section 9-2-110 Entry of Default on Party Served by Publication

Before entry of a default judgment or order, the Court shall conduct an inquiry whether the plaintiff, or someone acting on their behalf, made a distinct and meaningful search of all reasonably available sources to ascertain the whereabouts of parties. Before entry of a default judgment or order against the unknown successors of a named defendant, a named decedent, or a dissolved partnership, corporation, or association, the Court shall conduct an inquiry to ascertain whether the requirements of publication procedure have been satisfied.

Section 9-2-111 Vacating Default Judgments Where Service is by Publication

  1. A Party against whom a default judgment or or- der has been rendered, may, at any time within three (3) years after the date of the judgment or order, have the judgment or order opened.

  2. Before a judgment or order is opened, the ap- plicant shall notify the adverse party, and shall

    1. File a full answer,

    2. Pay all costs if required and,

    3. Satisfy the Court by affidavit or evidence that during the pendency he had no actual notice in time to appear and defend.

  3. The title to any property which passed to a pur- chaser in good faith by or in consequence of the judgment or order to be opened shall not be af- fected by this proceeding. Nor shall proceed- ings affect the title of any property sold before judgment under an attachment.

  4. The adverse party shall be allowed to present evidence against the application.

Section 9-2-112 Certain Technical Errors Not Grounds for Vacating Judgment

  1. No judgment against unknown heirs or devisees shall be construed, or held to be, either void or voidable upon the ground that an affidavit of the plaintiff that the names of heirs or devisees, and their residences, are unknown was not annexed to his complaint if one affidavit is on file and all judgments, if not void, are declared to be valid and binding.

  2. No judgment against any person or party served by publication shall be construed or held to be void or voidable because the affidavit on file was made by plaintiff’s attorney or because the complaint or other pleading was verified, by plaintiff’s attorney or party seeking such ser- vice. It shall be conclusively presumed, if oth- erwise sufficient, the allegations and statements made by such attorney shall have the same force and effect as if actually made by plaintiff.

Section 9-2-113 Meaning of “Successors” for Publication Purposes

“Successors”includesallheirs,executors,administrators, devisees, trustees, and assigns, immediate and remote, of a named individual, partnership, corporation, or association.

Section 9-2-114 Minimum Contacts Required for Effective Long Arm Service

Service outside of Tribal jurisdiction does not give the Court personal jurisdiction over a defendant not subject to the Tribe’s jurisdiction, or who has not, in person or through an agent, submitted to the jurisdiction either by appearance, consent, or entered into sufficient contacts with the Tribe, its members, or territory to justify tribal jurisdiction consistent with due process and federal Indian law.

Section 9-2-115 Consent is Effective Substitute for Service

Acknowledgment on the back of summons or voluntary appearance of defendant equals service.

Section 9-2-116 Reserved

Section 9-2-117 Manner of Making Personal Service

The summons and complaint shall be served together. The plaintiff shall furnish necessary certified copies. If the complaint is not served with summons, the case shall

not be dismissed but time to answer may be extended upon motion. The person serving shall state on the copy the date service is made. Where service is made by mail, the summons shall state on the copy the date of mailing. These provisions are not jurisdictional. If failure to comply prejudices the party served, the Court may extend the time to answer. Service of summons, complaint and subpoenas shall be made:

  1. Upon an individual, not an infant or incom- petent, by delivering to them personally or by leaving copies at their dwelling or usual place of abode with some person fifteen (15) years of age or older then residing therein or by deliver- ing to an appointed agent.

  2. Upon an infant or minor, by delivering a copy to either parent, legal guardian, or person with whom they reside if under fourteen years. If over fourteen years, by serving either parent or legal guardian, or person with whom they reside and by serving personally if the legal guardian cannot be located.

  3. Upon a corporation, partnership or unincorpo- rated association, by delivering or mailing a copy to an officer, manager or agent. Service may be had by delivering the summons and complaint to a place of business and leaving a copy with the person in charge at the time.

  4. Upon the United States, by delivering a copy to the United States Attorney’s office for the West- ern District of Oklahoma and by sending a copy registered or certified mail to the Attorney Gen- eral of the United States at Washington, District of Columbia, and in any action attacking the va- lidity of an order of an officer or agency of the United States not made a party, by also sending a copy by registered or certified mail to such officer or agency.

  5. Upon any office or agency of the United States, by serving the United States and by delivering a copy of the summons and complaint to such office or agency.

  6. Upon a state, municipal corporation, any other Indian Tribe or governmental organization sub- ject to suit, by delivering copy of the summons and complaint to the Chief Executive Officer or by serving prescribed by law of that state or Tribe.

  7. Upon the Tribe, Tribe offices or agency by de-

livering a copy of the summons and complaint to the Chief Executive Officer or officer, and by registered or certified mail, return requested, to the Tribal Attorney and in any action attacking the validity of an order of an officer or agency of the Tribe not made a party, by also sending a copy by registered or certified mail return re- ceipt request to such officer.

Section 9-2-117.1 Effect of Service of Some of Several Defendants

  1. Against multiple defendants, and not all are served, plaintiffs may:

    1. Against defendants jointly indebted upon contract, tort, or other cause plaintiff may proceed against defendants served, and if judgment (is recovered), it may be entered against: (a) all defendants only as may be enforced against the joint property of all, and (b) against defendants served as may be enforced against the separate property and if subject to arrest, against defendants served.

    2. Against defendants severally liable, plain- tiff may, without prejudice against those not served, proceed against defendants served as if the only defendants.

  2. A judgment against defendants served shall not bar judgment against those not served.

Section 9-2-118 Service Upon Party Not Inhabitant of or Found Within the Reservation

  1. Whenever an ordinance or Tribal order provid- ed for service of summons, or notice, or order in lieu of summons upon a party not an inhab- itant of or found within the jurisdiction of the Tribe service may be made as prescribed, or, if no provision exists prescribing the service by following this act.

  2. Against a foreign corporation or association where service is authorized upon a Tribal Offi- cer, and the party elects to serve the Tribal Offi- cer, service shall be made:

    1. The Court Clerk shall issue a summons and shall mail or personally serve copies with a copy of the complaint and service fee to the Tribal Officer. The Court Clerk shall indicate the date copies were delivered. Within three (3) working days, the Tribal Officer shall send copies to such foreign

      corporation or association, by registered or certified mail, return receipt requested, at its office by the latest information filed. The summons shall state the last known address by due diligence. The Tribal Officer shall maintain one copy.

    2. The original summons served on the Tribal Officer shall be in form and substance the same as suits against residents. The sum- mons shall state an answer date not less than forty-five (45) days or more than sixty (60) days from the date issued.

Section 9-2-119 Territorial Limits of Effective Service

  1. All process may be served anywhere within the territorial jurisdiction of the Nation, and when authorized by an ordinance of the Tribe, or by this Act, or by Order of the Court, beyond these territorial limits.

  2. Persons brought in as parties, or as additional parties or counterclaim or cross-claim, may be served at all places outside the reservation of the Tribe but within the United States, and per- sons not tribal members required to respond to an order of commitment for civil contempt may be served, but not arrested. Tribal members may be served and arrested.

  3. When the jurisdiction is authorized, service of summons and complaint may be made outside this reservation:

    1. By personal delivery;

    2. In the place’s lawful manner where service is made;

    3. By publication;

    4. As directed by the foreign authority or Court.

Section 9-2-120 Return of Service of Process

  1. The server shall make proof of service within the response time. If service is other than the police Chief or deputy, or an attorney by mail, he shall make affidavit. Return of receipt shall be attached to the proof of service. A copy of each publication of notice shall be attached to the return of service. Failure to make proof of service does not affect the validity of service.

  2. The person serving summons shall state on the

copy served and the return, the date of service. Where service is by mail, the person shall state the date of mailing. These provisions are not jurisdictional, if failure to comply prejudices the party served, the Court may extend time to answer.

Section 9-2-121 Alternative Provisions for Service in a Foreign Country

  1. Manner: When the service is upon a party in a foreign country, it is sufficient if service of the summons and complaint is made: (1) in the lawful manner of the Tribe, state, or foreign country; or (2) as directed by the foreign author- ity; or (3) upon an individual, personally, and a corporation, partnership or association, offi- cer, managing or general agent; or (4) by mail, requiring a signed receipt, dispatched by the Clerk; or (5) as directed by Court order. Service

    (3) or (5) above may be made by persons not a party and 18 years of age or designated by order of the District Court or the foreign Court. On request, the Clerk shall deliver the summons to the plaintiff for transmission to the person or the foreign Court or officer who will make service.

  2. Return: Proof of service may be made by the law of the Tribe, state, or foreign country, or by order of the Court. When service is made by mail proof of service shall include a receipt signed by the addressee or other evidence of the delivery.

Section 9-2-122 Subpoena

  1. For Attendance of Witnesses; Form; Issu- ance: Every subpoena shall be issued by the Clerk, shall state the name of the Court and the title of the action, and shall command each per- son to attend and give testimony at a time and place specified. The Clerk shall issue a subpoe- na or a subpoena for the production of docu- mentary or physical evidence signed and sealed, but otherwise in blank, to a party requesting it, who shall fill it in before service.

  2. For Production of Documentary Evidence: A subpoena may command a person to produce books, papers, documents, or tangible things designated. The Court, upon motion at or be- fore the time specified for compliance may (1) quash or modify if unreasonable and oppressive or (2) condition denial of the motion upon the payment of reasonable costs.

  3. Service: A subpoena may be served by the Po- lice Chief, deputy, or by authorized person not a party and 18 years of age. Fees and mileage may be charged. When issued on behalf of the Tribe, fees and mileage need not be tendered, but fees paid shall be charged to such Tribal Of- ficer or agency. A subpoena may be served if accepted by the addressee. All subpoena ser- vice expenses may be recovered as costs.

  4. Subpoena for Taking Depositions; Place of Examination:

    1. Proof of service to take a deposition or pre- sentation of notices attached constitutes suf- ficient authorization for the clerk’s issuance of subpoenas. The subpoena may command the person to produce and permit inspection and copying of designated books, papers, documents, or tangible things permitted.

      The person may, within 10 days after ser- vice or on or before the time specified for compliance, if such time is less than 10 days serve upon the attorney written objection. If objected, the server shall not inspect and copy the materials except pursuant to Court order. The server may, move upon notice to the deponent for an order at any time.

    2. A resident of Tribal jurisdiction may be re- quired to attend an examination within the Tribal jurisdiction, may be required to at- tend in the country or district of residence or is employed or transacts his business, or at a convenient place by Court order. A nonresi- dent may be required to attend in the county where served or resides or at a convenient place by Court order.

  5. Subpoena for Hearing or Trial:

    1. At a party’s request subpoenas shall be is- sued by the Clerk and may be served within Tribal jurisdiction, or any place without the Tribal jurisdiction and, when provided the Court upon application and cause shown may authorize the service of a subpoena at any other place.

    2. A subpoena directed to a witness in a for- eign country shall issue as may be provided by any Tribal statute.

  6. Contempt: Failure by any person without ade- quate excuse to obey a subpoena or other order of the Court may be deemed a contempt of the Court.

Section 9-2-123 through 9-2-229 Reserved Section 9-2-130 Summons, Time Limit for Service

  1. If service of process is not made within one hun- dred twenty (120) days after filing and plaintiff cannot show good cause why such service was not made, the action shall be dismissed without prejudice upon the Courts own initiative with notice to the plaintiff or upon motion.

  2. If service of process is not made within one hundred eighty (180) days after filing, the ac- tion shall be deemed dismissed without preju- dice. This Section shall not apply to service in a foreign country.

Section 9-2-131 Service and Filing of Pleadings and Other Papers

  1. Service: When Required: Except as other- wise provided every order pleading, discovery papers, written motion notice, appearance, de- mand, offer of judgment, designation of record and similar paper shall be served upon the par- ties. No service need be made on parties in de- fault for failure to appear except pleadings as- serting new or additional claims shall be served in the manner provided.

    In an action begun by seizure of property, in which no person need be or is named as defen- dant, any service required to be made prior to the filing of an answer, claim, or appearance shall be made upon the person having custody or possession at the time of seizure, and any per- son then known to claim an ownership interest.

  2. Service: How Made: Service shall be made upon the party’s attorney unless otherwise or- dered, which shall be made by delivering or by mailing a copy, if no address is known, by leaving it with the Clerk who shall mail a copy to the party’s last address. Delivery of a copy means: handing it to the attorney or party; or leaving it at his office with his Clerk or other person in charge; or leaving it in a conspicuous place; or if no office leaving it at his dwelling or place of abode with some person fifteen years of age or older resident.

  3. Service: Numerous Defendants: If there are unusual numbers of defendants, the Court, upon motion or on its own, may order service of defendant’s pleadings and replies need not be made between defendants and any cross- claim, counterclaim, or matter constituting an avoidance by other parties and the filing of such pleading and service upon plaintiff constitutes due notice to the parties. A copy of such order shall be served upon the parties.

  4. Filing: All papers after the complaint shall be filed either before service or within a reasonable time. Discovery materials need not be filed ex- cept by Court order.

  5. Filing with the Court Defined: The filing of pleadings and papers shall be made with the Clerk. A Judge may permit filing with them, they shall note the date and transmit them.

Section 9-2-132 through 9-2-139 Reserved

Section 9-2-140 Computation and Enlargement of Time

  1. Computation: In computing any period of time, the day of the event, act or default shall not be included in the designated period. The last day shall be included, unless a Saturday, Sunday, or legal holiday, or any day when the Clerk’s office is closed before 4:00 p.m. The period runs until the next day which is not Sat- urday, Sunday or legal holiday or any other day when the Clerk’s office is closed before 4:00

    p.m. When the period of time 7 days or less, Saturdays, Sundays, and legal holidays or any day the Clerk’s office is closed before 4:00 p.m. shall be excluded. “Legal holiday” includes any day appointed as a holiday by the United States President or Congress or the Tribe.

  2. Enlargement: The Court for cause shown may

    1. with or without motion or notice order the period enlarged if a request is made before the expiration of the period or (2) upon motion after the expiration, permit the act where the failure was the result of excusable neglect; but it may not extend the time for, except under their con- ditions.

  3. For Motions – Affidavits: A written motion and notice of the hearing shall be served 5 days before the hearing, unless a different period is fixed. Such order may be made ex parte. When

    a motion is supported by affidavit, the affida- vit shall be served with the motion; and except opposing affidavits may be served 1 day before the hearing.

  4. Additional Time After Service by Mail: Whenever notice or paper is served upon 2 par- ties by mail, 3 days shall be added to the pre- scribed period.

Section 9-2-141 General Cases in Which Extraterritorial Service Authorized

Service of summons and complaint, third party complaints, and other Process by which an action is instigated may be made outside the territorial limits described in Section 9-2-119.

Section 9-2-142 Legal Newspaper

All newspapers published weekly for two years prior to publication of a notice within the Jurisdiction or any adjacent county and the Tribal newspaper shall be a legal newspaper for the publication of notice.


CHAPTER THREE PARTIES

Section 9-3-101 Parties, Plaintiff, and Defendant:

Capacity

  1. Real Party in Interest: Every action shall be prosecuted in the name of the real party in in- terest. An executor, administrator, guardian, bailee, trustee, a party with whom or in whose name a contract has been made for the benefit of another, or authorized party may sue in their own name.

    No action shall be dismissed because it is not prosecuted in the name of the real party in in- terest until a reasonable time has been allowed after objection for ratification by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall be retroactive to the action’s commencement.

  2. Capacity to Sue or Be Sued: Every person, corporation, partnership, or incorporated asso- ciation shall have the capacity to sue or be sued in its own name.

  3. Infants or Incompetent Persons: Whenever an infant or incompetent persons has a repre- sentative, the representative may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have

    a duly appointed representative they may sue by next friend or by a guardian ad item. The Court shall appoint a guardian ad item for an infant or incompetent person or shall make other order for their protection.

  4. Assignment of Tort Claims Prohibited: Claims arising in tort may not be assigned and must be brought by the injured party; this shall not preclude subrogation for any party, who have compensated the injured party.

Section 9-3-102 Joinder of Claims, Remedies, and Actions

  1. Joinder of Claims: A party asserting a claim to relief as an original claim, counterclaim, cross- claim, or third-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable as they may have.

  2. Joinder of Remedies; Fraudulent Convey- ances: Whenever a claim is cognizable only after another claim has been concluded, the two claims may be joined in a single action; but the Court shall grant relief only in accordance with the relative substantive rights of the par- ties. Plaintiff may state a claim for money and a claim to set aside a fraudulent conveyance, without first having obtained a judgment estab- lishing the claim for money.

  3. Joinder of Actions By the Court: Whenever separate actions are pending between the same parties, or involving the same facts or law, the Court may, without prejudicing the parties, or- der said actions joined for all, or a portion of, the proceedings.

Section 9-3-103 Joinder of Persons Needed for Just Adjudication

  1. Persons to Be Joined if Feasible: A person who is subject to service of process and whose joinder will not deprive the Court of jurisdiction over the subject matter shall be joined if:

    1. In their absence complete relief cannot be accorded, or

    2. They claim an interest to the subject and the disposition in their absence may:

      1. Impair or impeded their ability to pro- tect that interest, or

      2. Leave any of the persons already par-

        ties subject to a substantial risk of double, multiple, or otherwise incon- sistent obligations by reason of their claims interest.

        If they have not been joined, the Court shall order them be made a party. If they should join as a plaintiff but refuses, he may be made a defendant, or an involuntary plaintiff.

  2. Determination by Court Whenever Joinder Not Feasible: If a person cannot be made a par- ty, the Court shall determine whether in equity and good conscience the action should proceed among the parties, or should be dismissed, the absent person being regarded as indispensable. The factors to be considered include:

    1. To what extent a judgment rendered in the person’s absence might be prejudicial to them or existing parties;

    2. The extent to which, by protective provi- sions by shaping of relief, or other measures, the prejudice can be lessened or avoided;

    3. Whether a judgment in the person’s absence will be adequate; and

    4. Whether the plaintiff will have an ade- quate remedy if the action is dismissed for non-joinder.

  3. Pleading Reasons for Non-joinder: A plead- ing asserting a claim for relief shall state the names, if known, of any persons who are not joined, and the reasons why they are not joined.

Section 9-3-104 Permissive Joinder of Parties

  1. Permissive Joinder

    1. All persons may join in one action if they assert any right jointly or severally arising out of the same series of transactions, or oc- currence, or if any question or fact common to all will arise, or if the claims are connect- ed with the subject matter.

    2. All persons may be joined in one action as defendants if there is asserted jointly, sev- erally, any right to relief arising out of the same series of transaction or occurrences, or if any question of law or facts in common will arise, or if connected with the subject matter.

    3. A plaintiff or defendant need obtain or de-

      fend against all relief demanded. Judgment may be given for one or more of the plain- tiff’s rights to relief, and against one or more defendant’s liabilities.

  2. In actions to quiet title or actions to enforce mortgages or other liens upon property, per- sons who assert an interest in the property may be joined although their interest does not arise from the same transaction or occurrence.

  3. Separate Trials: The Court may prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim, or who asserts no claim against him, and may order separate trials or prevent delay or prejudice.

Section 9-3-105 Misjoinder and Non-joinder of Parties

Misjoinder of parties is not ground for dismissal. Parties may be dropped or added by Court order on motion or its own initiative at any stage. Leave shall not be required when the pleader amends his pleadings within the time period for amendment. Any claim may be severed and proceed separately.

Section 9-3-106 Interpleader

  1. Claims against the plaintiff may be joined as defendants and required to interplead when the plaintiff is or may be exposed to multiple liabil- ity. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have common origin or are not identical but are ad- verse to and independent of one another, or that the plaintiff declares they are not liable in whole or in part to of the claimants. A defendant ex- posed to similar liability may obtain such inter- pleader by way of cross-claim or counterclaim. These provisions supplement and do not limit the joinder or parties.

  2. These provisions shall be applicable to actions brought against a Tribal policeman or other of- ficer for the recovery of personal property under execution or for the proceeds sold by them; and the defendant shall be entitled to the benefit of this section against the party obtaining the exe- cution.

  3. The Court may order safekeeping of the sub- ject or for payment or delivery into the court or

    Court directed person. The Court may order the interpleader to give a bond, conditioned upon compliance with future orders or judgments. Where the interpleader claims no interest in the subject and the subject has been deposited. The Court should discharge them from liability to claims of other parties with costs and, may grant reasonable attorney fee.

  4. In cases of interpleader, costs may be adjudged for or against any party.

Section 9-3-107 Class Actions

  1. Prerequisites to a Class Action: One or more members of a class may sue or be sued as repre- sentative parties on behalf of all only if:

    1. The class is so numerous that joinder of all members is impracticable,

    2. There are questions of law or fact common to the class,

    3. The claims or defenses of the representative parties are typical of the claims or defenses of the class, and

    4. The representative parties will fairly and adequately protect the interests of the class.

  2. Class Actions Maintainable: Additionally:

    1. The prosecution of separate actions by or against individual members of the class would create a risk of:

      1. Inconsistent or varying adjudications to individuals which would establish incompatible standards of conduct for the respondent; or

      2. Adjudications to individuals which would be dispositive of the interests of other non-party members or substan- tially impair or impede their ability to protect their interests; or

    2. The party opposing the class has acted or re- fused to act on grounds generally applicable to the class, making final injunctive relief or declaratory relief appropriate to the class as a whole; or

    3. The Court finds the question of law or fact in common predominate over questions af- fecting only individuals and that a class ac- tion is superior for fair and efficient adjudi- cation. The matters pertinent to the findings

      include: (A) The interest of members in individually controlling the prosecution or defense of separate actions; (B) The ex- tent and nature of any litigation concerning the controversy already commenced by or against members; (C) The desirability or undesirability of concentrating the litigation in the particular forum; (D) The difficulties likely to be encountered in the management of a class action.

  3. Determination by Order Whether Class Action to be Maintained, Notice, Judgment, Actions Conducted Partially as Class Actions.

    1. As soon as practicable the Court shall de- termine by order whether a class action is maintained. An order may be conditional, and may be altered or amended before the decision.

    2. In any class action maintained the Court shall direct to the members the best notice practicable, including individual members who can be identified through reasonable effort. The notice shall advise each mem- ber;

      1. The Court will exclude them if they

        request by a specific date;

      2. The judgment, will include all mem- bers who do not request exclusion; and

      3. Any member who does not request exclusion may, enter an appearance through counsel.

    3. The judgment shall include and describe those to be members of the class. The judg- ment shall include and specify or describe those to whom the notice was directed, and who have not requested exclusion, and whom the Court finds to be members of the class.

    4. When appropriate

      1. An action may be brought or main- tained as a class action with respect to particular issues, or

      2. A class may be divided into subclass- es and each subclass treated as a class, and the provisions of this Section shall be construed and applied accordingly.

    5. Where the class contains more than five hun- dred (500) members who can be identified, it shall be necessary to direct individual no- tice but members to whom individual notice is not directed shall be given notice as the Court directs, which may include publish- ing notice, posing reasonably calculated to bring notice provided the cost of such notice shall be reasonable in view of the amounts that may be recovered. Members to whom individual notice was not directed may re- quest exclusion from the class before liabil- ity is determined, and commencing an indi- vidual action before the issue or liability is determined shall be equivalent of requesting exclusion.

  4. Orders in Conduct of Actions: The Court may make appropriate orders:

    1. Determining the course of proceedings or prescribing measures to prevent undue rep- etition or complication in the presentation of evidence or argument;

    2. Requiring, for the protection of members or fair conduct, notice be given to some or all of the members at any step or of the pro- posed extent of the judgment, or of the op- portunity to signify whether they consider the representation fair and adequate, to in- tervene and present claims or defenses;

    3. Imposing conditions on the representative parties or on interveners;

    4. Requiring the pleadings be amended to eliminate allegations as to representation of absent persons, and that the action proceed accordingly.

      The orders may be combined and may be altered or amended.

  5. Dismissal or Compromise: A class action shall not be dismissed or compromised without the approval of the Court and notice of the pro- posed dismissal or compromise shall be given as the Court directs.

Section 9-3-108 Derivative Actions by Shareholders and Members

  1. In a derivative action the complaint shall be ver-

    ified and allege:

    1. The plaintiff was a shareholder or member

      at the time of the transaction of which he complains or that their share or membership thereafter was transferred by operation of law, and

    2. The action is not collusive to confer juris- diction, which the Court would not other- wise have. Allege with particularity plain- tiff’s efforts, to obtain action he desires and reasons for failure to obtain action or for not making the effort.

  2. The derivative action may not be maintained if plaintiff does not fairly and adequately repre- sent the interests of the shareholders or mem- bers similarly situated. The action shall not be dismissed or compromised without the Court’s approval and notice of the proposed dismissal or compromise shall be given to shareholders or members. The Court shall not take jurisdic- tion concerning internal affairs of corporations or other entities organized under another juris- diction’s law absent the consent of all parties or some compelling reason.

  3. An action brought by or against the members of an unincorporated association as a class by naming certain members as representative par- ties may be maintained only if the representa- tive parties will fairly and adequately protect the interests of the association and its members.

Section 9-3-109 Intervention

  1. Intervention of Right: Upon timely applica- tion anyone shall be permitted to intervene: (1) When Tribal Law confers an unconditional right to intervene; or (2) When the applicant claims an interest relating to the property or transaction and the disposition may impair or impede their ability to protect that interest, unless their inter- est is adequately represented by existing parties.

  2. Permissive Intervention: Upon timely appli- cation anyone can be permitted to intervene in an action when an applicant’s claim or defense and the main action have a question of law or fact in common. When a party’s claim or de- fense relies upon any statute or executive order by a Tribal, Federal, or State officer or agency or upon any regulation, order, requirement or agreement issued or made, the officer or agency may be permitted to intervene. The Court shall consider whether the intervention will unduly delay or prejudice the adjudication.

  3. Procedure: A person shall serve a motion to intervene upon the parties. The motion shall state grounds and shall be accompanied by a pleading setting forth the claim or defense. If granted, other parties may serve a responsive pleading upon leave of the Court.

  4. Intervention By the Tribe: In any action, which the Tribe, where the constitutionality or enforceability of any Tribal statute affecting the public interest is questioned, the parties, or the Court shall certify such fact to the Chief Exec- utive Officer of the Tribe, the Tribal Attorney, and Tribal Legislative Body and the Court shall permit the Tribe to intervene. The Tribe shall, have all rights of a party, and be subject to the

– as to court costs only to the extent necessary for a proper presentation of the facts and law. It shall be the duty of the party raising such issue to promptly give notice to the Court either oral- ly upon the record or by written notice filed and served, and to state when and how notice will be or has been certified to the Tribe.

Section 9-3-110 Substitution of Parties

  1. Death:

    1. If a party dies, the motion for substitution may be made by any party or by the succes- sors or representatives of the deceased and, together with the notice of hearing, shall be served and upon persons not parties and may be served within or without the Trib- al jurisdiction. Unless the motion is made within 90 days after death, the action shall be dismissed as to the deceased party.

    2. If one or more of the plaintiffs or of the defendant’s dies in which the right sought to be enforced survives only to the surviv- ing plaintiffs or only against the surviving defendants, the action does not abate. The death shall be stated upon the record and the action shall proceed in favor of or against the surviving parties.

    3. Actions for liable, slander, and malicious prosecution shall abate at the death of the defendant.

    4. Other actions, including actions for wrong- ful death shall survive the death of a party.

  2. Incompetency: If a party becomes incompe- tent, upon motion served the Court may allow the action to be continued by or against his rep- resentative.

  3. Transfer of Interest: In case of any transfer of interest, the action may be continued by or against the original party, unless the Court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided.

  4. Public Officers; Death or Separation From Office:

    1. When a public officer is a party and ceases to hold office, the action does not abate. His successor is automatically substituted. Pro- ceedings shall be in the name of the substi- tuted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered.

    2. When a public officer sues or is sued, he may be described by his official title rather than by name but the Court may require his name to be added.


CHAPTER FOUR DEPOSITIONS AND DISCOVERY

Section 9-4-101 General Provisions Governing Discovery

  1. Discovery Methods: Depositions upon oral examination or written questions; written inter- rogatories; production of documents or things or permission to enter upon land or other prop- erty for inspection and other purposes; physical and mental examinations; and requests for ad- mission. The frequency of these methods is not limited except, by Protective Order. Discovery may be obtained in aid of execution upon a judgment.

  2. Scope of Discovery: Unless otherwise limited, the scope of discovery is:

    1. Parties may obtain discovery regarding any matter, not privileged, relevant to involved subject matter whether to the claim or de- fense, including the existence, description, nature, custody, condition and location of

      any books, documents, or other tangible things and the identity and location of per- sons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible if reasonably calculated to lead to admissi- ble evidence.

    2. Insurance agreements: A party may obtain the existence and contents of any insurance agreement under which an insurance busi- ness may satisfy a judgment or indemnify or reimburse for payments. Information concerning the insurance agreement is not by reason of disclosure admissible in evi- dence. An application for insurance shall not be treated as part of an insurance agree- ment.

    3. Trial preparation: A party may obtain doc- uments and tangible things otherwise dis- coverable under in anticipation of litigation or trial by or for another party or that other party’s representative only upon a showing of substantial need in case preparation and they are unable without undue hardship to obtain the substantial equivalent by oth- er means. In ordering discovery the Court shall protect against disclosure of the men- tal impressions, conclusions, opinions, or legal theories of an attorney or other repre- sentative of a party.

      A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party. Upon request, non-party may obtain without the required showing a statement concerning the action or its subject matter previously made by that person. If the re- quest is refused, the person may move for a court order. A statement previously made is

      1. a written statement signed or otherwise adopted or approved by the person making it, or (B) a stenographic, mechanical, elec- tronic, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded.

    4. Trial preparation: Experts: Discovery of facts known and opinions held by experts, otherwise discoverable under and acquired

      or developed in anticipation of litigation or trial may be obtained only as follows:

      1. A party may through interrogatories require any other party to identify each person to be called as an expert witness, to state the substance of the facts and opinions and a summary of the opinion’s grounds.

      2. Upon motion, the Court may order further discovery by other means, sub- ject to restrictions.

      3. A party may discover facts known or opinions held by an expert employed by another party in anticipation of lit- igation or preparation for trial who is not expected to be called as a witness, only as provided or upon a showing of exceptional circumstances under which it is impracticable to obtain facts or opinions by other means.

      4. Unless manifest injustice would re- sult, the court shall require the party seeking discovery to pay a reasonable fee for time spent in responding to dis- covery.

  3. Protective Orders: Upon motion and good cause shown, the Court may protect a party or person from annoyance, embarrassment, op- pression, or undue burden or expense, including the following: (1) No discovery; (2) Specify terms and conditions; (3) An alternative meth- od of discovery; (4) Limit matters or the scope or; (5) Discovery be conducted with designat- ed person; (6) A sealed deposition be opened only by Court order; (7) A trade secret or con- fidential research development, or commercial information not be disclosed or be disclosed in a designated way; (8) The parties simultaneously file specified sealed documents or information to be opened as directed.

  4. Sequence and Timing of Discovery: Unless the Court upon motion, orders otherwise, dis- covery may be used in any sequence and the fact a party is conducting discovery, shall not operate to delay any other party’s.

  5. Supplementation of Responses: A party who has responded that was complete when made is under no duty to supplement to include infor- mation thereafter acquired, except


    1. To supplement any question directly ad- dressed to (A) the identity and location of persons having knowledge of discoverable matters, and (B) the identity of each person to be called as an expert witness the subject matter, and substance of his testimony.

    2. To amend if he obtains information the ba- sis of which (A) he knows the response was incorrect when made, or (B) he knows the response though correct when made is no longer true and that a failure to amend is in substance a knowing concealment.

    3. A duty to supplement may be imposed by Court order agreement of the parties, at any time prior to trial.

Section 9-4-102 Depositions Before Action or Pending Appeal

  1. Before Action:

    1. Petition: A person may file a verified pe- tition in the District Court if the tribal ju- risdiction is the residence of any expected adverse party. The petition shall be entitled in the name of the petitioner and shall show:

      1. That the petitioner expects to be a party to an action but is presently unable to bring it or cause it to be brought, (2) The subject matter of the expected action and interest,

        (3) The fact desired, (4) The names or de- scription of the persons he expects will be adverse parties and their addresses so far as known, and (5) The names and addresses of the persons to be examined and the sub- stance expected and shall ask for an order to take depositions of persons named.

      2. Notice and Service: The petitioner shall serve a notice upon each person named with a copy of the petition, stating that the peti- tioner will apply, at a time and place named therein, for an order. At least 20 days before the hearing the notice shall be served either within or without the Tribal jurisdiction. If personal service cannot with due diligence be made, the Court may order service by publication or otherwise.

      3. Order and Examination: If the court is

        satisfied perpetuation of the testimony may

        prevent a failure or delay of justice, it shall order designating or describing whose depositions may be taken specifying subject matter and whether by oral examination or written interrogatories.

      4. Use of Deposition: If a deposition is taken or if, although not so taken, it would be ad- missible in the Courts of the jurisdiction in which taken, it may be used in any action in- volving the same subject matter subsequent- ly brought in the District Court.

  2. Pending Appeal: If an appeal has been taken or if the time therefore has not expired, the court may allow the taking of the depositions of wit- nesses for use in the event of further proceed- ings. The party may motion the District Court to take the depositions, upon the same notice and service as if the action was pending. The motion shall show (1) The names and addresses of persons and the substance of the testimony.

    (2) The reasons for perpetuating their testimo- ny. If the Court grants the motion to avoid a failure or delay of justice, it may allow deposi- tions and may make orders and the depositions may be taken and used under the same condi- tions as actions pending in the District Court.

  3. Perpetuation by Action: This Section does not limit the power of a Court to perpetuate tes- timony.

Section 9-4-103 Persons Before Whom Depositions May Be Taken

  1. Within the Tribal Jurisdiction: Within the Tribe’s jurisdiction, depositions shall be taken before an Office authorized to administer oaths, or Court appointed person. A person so ap- pointed has power to administer oaths and take testimony.

  2. Outside Tribal Jurisdiction: Depositions may be taken (1) on notice before a person autho- rized, where the examination is held, or (2) be- fore a person commissioned to administer oaths and take testimony, or (3) pursuant to a letter rogatory. A commission or a letter rogatory shall be issued on application and notice and on terms. A finding the taking of the deposition in any other manner is impracticable or inconve- nient is not required and both may designate the person before whom the deposition is to be tak-

    en. A letter rogatory may be addressed “To the Appropriate Authority in (Here Name of Tribe, State, or Country).” Evidence obtained need not be excluded for the reason it is not a ver- batim transcript or the testimony was not tak- en under oath or for any similar departure from the requirements for depositions within Tribal jurisdiction.

  3. Disqualification for Interest: No deposition shall be taken before a person who is a relative, employee, attorney or counsel of any of the par- ties, or is a relative or employee of such attor- ney or counsel, or is financially interested in the action.

Section 9-4-104 Stipulations Regarding Discovery Procedure

Unless the Court orders otherwise, the parties may by stipulation (1) provide depositions be taken before any person, time or place, upon any notice, and manner and be used like other depositions, and (2) modify procedures except stipulations extending time must be Court approved.

Section 9-4-105 Depositions Upon Oral Examination

  1. Depositions May Be Taken: After commence- ment any party may take testimony of any per- son, including a party, by oral deposition. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks a deposition prior to 30 days after service of the summons and complaint or service made by publication, leave is not required (1) if defendant has served a notice of deposition or otherwise sought dis- covery, or (2) if special notice is given. The attendance of witnesses may be compelled. A person confined in prison may be deposed only by Leave of Court.

  2. Notice of Examination: General Require- ments; Special Notice; Non-Stenographic Re- cording; Production of Documents and Things; Deposition of Organization.

    1. A party desiring oral examination shall give reasonable notice to all parties. The notice shall state time, place and name and address of each person if known, and, if not known, a general description to identify them or the particular class or group. If a subpoena is to be served, the designation of the materials

      to be produced shall be attached or included in the notice.

    2. Leave of Court is not required by plaintiff if the notice (A) states the person to be ex- amined is about to go out of Tribal jurisdic- tion, or of the United States, and will be unavailable unless the deposition is taken before the 30 day period, and (B) sets forth facts to support the statement. Plaintiff’s attorney shall sign the notice, and his signa- ture constitutes a certification to the best of his knowledge, information, and belief the statement and supporting facts are true. The sanctions are applicable to the certification.

      If a party shows when served he was unable through due diligence to obtain counsel at the deposition, the deposition may not be used against him.

    3. The Court may for cause shown enlarge or shorten the time for taking the deposition.

    4. The Court may upon motion order the tes- timony at a deposition be recorded by oth- er than stenographic means; the order shall designate the manner of recording, preserv- ing, and filing the deposition, and include provisions to assure testimony will be ac- curate and trustworthy. A party may have a stenographic transcript made at his own expense.

    5. The notice to a party deponent may be ac- companied by a request for the production of documents and tangible things at the deposition.

    6. A party’s notice and subpoena may name a public or private corporation or partner- ship or association or governmental agency and describe with particularity the matters on which examination is requested. The or- ganization shall designate officers, or other persons who consent to testify and the mat- ters on which they will testify. A subpoena shall advise a non-party organization of its duty to make a designation. [(B)(6)] does not preclude. A deposition by any other procedure is not precluded.

  3. Examination and Cross-Examination; Re- cord of Examination; Oath; Objections: Ex- aminations and cross-examination may proceed

    as at trial. The officer before whom the depo- sition is taken shall put the witness on oath and shall record the testimony. The testimony shall be taken stenographical or recorded by other means ordered.

    All objections to the qualifications of the of- ficer or the manner or evidence or conduct of any party, and any other objection shall be not- ed upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participation parties may serve written ques- tions in a sealed envelope on the party taking the deposition and he shall transmit them to the officer, who shall ask and record the answers.

  4. Motion to Terminate or Limit Examination: At any time on motion of a party or deponent and upon a showing the examination is being conducted in bad faith or unreasonable manner to annoy, embarrass, or oppress the deponent or party, the District Court may order the officer to cease or limit the scope and manner. If termi- nated, the examination shall be resumed only by District Court order. Upon demand of the ob- jecting party, or deponent, the deposition shall be suspended for the time necessary to motion for an order.

  5. Submission to Witness; Changes; Signing: When the testimony is transcribed the deposi- tion shall be submitted to the witness for exam- ination unless are waived. Any changes which the witness desires shall be entered upon the deposition with a statement of reasons given by the witness. The deposition shall be signed by the witness within 30 days of submission to him, the officer shall sign it and state on the re- cord the waiver or illness or absence of the wit- ness or the refusal to sign with the reason. The deposition may then be used as though signed unless on a motion to suppress the Court holds the reasons given for refusal to sign require re- jection.

  6. Certification and Filing by Officer; Exhibits;

    Copies; Notice of Filing:

    1. The officer shall certify the witness was sworn and the deposition is a true record of the testimony. He shall than seal the deposi- tion endorsed with the title of the action and marked “Deposition of name of witness”

      and shall promptly file it or send it by regis- tered or certified mail to the Clerk.

      Documents and things produced for inspec- tion during the examination of the witness, shall upon request of a party, be marked for identification and annexed to and returned with the deposition, and may be inspected and copied by any party, except (A) the per- sons producing the materials may substitute copies marked for identification, if all parties have fair opportunity to verify the copies by comparison, and (B) if the person produc- ing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person and the materials may then be used as if annexed and returned with the deposition. Any party may move for an order the original be annexed and re- turned with the deposition.

    2. Upon payment of reasonable charges, the officer shall furnish a deposition copy to any party or to deponent. The Court may, establish the maximum charges which are reasonable.

    3. The party taking the deposition shall give prompt notice of its filing to all other par- ties.

  7. Failure to Attend or to Serve Subpoena; Ex- penses:

    1. If the party giving notice of the deposition fails to attend and another party attends in person or by attorney, the Court may order the party giving notice to pay the expenses incurred in attending, including reasonable attorney’s fees.

    2. If the party giving notice of a deposition fails to serve a subpoena and the witness does not attend, and if another party attends or by attorney, the Court may order the par- ty giving the notice to pay the reasonable expenses incurred in attending, including reasonable attorney’s fees.

Section 9-4-106 Depositions Upon Written Questions

  1. Serving Questions; Notice: After commence- ment, any party may take the testimony of any

    person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by subpoena. The deposi- tions of a prison inmate may be taken only by leave of Court.

    A party deposing upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer, if known, and if not known, a general description sufficient to identify him or his particular class or group and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or partnership or association or governmental agency.

    Within 30 days after the notice and written questions are served, a party may serve cross questions upon all other parties. Within 10 days after being served with cross questions, a par- ty may serve redirect questions upon all other parties. Within 10 days after being served with redirect questions, a party may serve re-cross questions upon all other parties. The Court may enlarge or shorten the time.

  2. Officer to Take Responses and Prepare Re- cord: A copy of the notice and copies of all questions served shall be delivered by the party to the officer designated, who shall proceed to take testimony in response to the questions and prepare, certify, and file or mail the deposition, attaching the copy of the notice and the ques- tions.

  3. Notice of Filing: When the deposition is filed the party taking it shall promptly give notice to all other parties.

Section 9-4-107 Use Of Depositions In Court Proceedings

  1. Use of Depositions: At trial or motion hearing or an interlocutory proceeding, any part or all of a deposition, so far as admissible applied as though the witness were present and testifying, may be used against any party who was present or represented at the deposition or who had rea- sonable notice, in accordance with any of the following:

    1. Any deposition may be used by any party for the purpose of contradicting or impeach- ing the testimony of deponent.

    2. The deposition of a party or of anyone who at the time of the deposition was an officer, or a person designated to testify may be used by an adverse party for any purpose.

    3. The deposition of a witness, whether or not a party, may be used by any party for any purpose if the Court find: (A) The witness is dead; or (B) The witness is outside the jurisdiction and cannot be served to testify unless the absence of the witness was pro- cured by the party offering the deposition; or (C) The witness is unable to attend or tes- tify because of age, illness, infirmity, or im- prisonment; or (D) That the party offering the deposition has been unable to procure the attendance of the witness by subpoena; or (E) Upon application and notice, that ex- ceptional circumstances exist in the interest of justice and with regard to presenting the testimony of witnesses orally in open court to allow the deposition to be used.

    4. If part of the deposition is offered in evi- dence, an adverse party may require him to introduce any other part, and any party may introduce any other parts, subject to Rules of Evidence.

      Substitution of parties does not affect the right to use depositions and, when an ac- tion in any Indian Tribe, United States, or State has been dismissed and another same subject matter and parties action is brought or their representatives or successors in the District Court, all depositions lawfully tak- en and duly filed in the former action may be used in the latter.

  2. Objections to Admissibility: Objections may be made at trial or hearing to receiving any deposition which would require exclusion of the evidence if the witness were testifying.

  3. Effect of Errors and Irregularities in Depo- sitions:

    1. Notice: All errors and irregularities in the notice are waived unless written objection is promptly served.

    2. Disqualification of Officer: Objection be- cause of disqualification of the officer be- fore whom taken is waived unless made be- fore the taking of the deposition begins or as

      soon thereafter as disqualification becomes known or could be discovered with reason- able diligence.

    3. Taking of Deposition:

      1. Objections to the competency of a witness or the competency, relevan- cy, or materiality of testimony are not waived by failure to make them before or during the deposition, unless the ground is one which might have been obviated or removed if timely present- ed.

      2. Errors and irregularities occurring at the oral examination in the manner, in the form of questions or answers, in the oath or affirmation, or in conduct and errors which might be obviated, removed or cured if promptly present- ed, are waived unless seasonable ob- jection is made.

      3. Objections to the form of written questions are waived unless served in writing within the time allowed for serving the succeeding cross or other questions and within 5 days after ser- vice of the last questions authorized.

    4. Completion and Return of Deposition: Errors and irregularities in the manner the testimony is transcribed, prepared, or oth- erwise dealt with are waived unless a mo- tion to suppress is made with reasonable promptness after such defect is, or with due diligence might have been ascertained.

Section 9-4-108 Interrogatories to Parties

  1. Availability; Procedures for Use: Any party may serve upon any other party written inter- rogatories. Interrogatories may, without leave be served upon the plaintiff after commence- ment of the action and any other party with or after service of the summons and complaint.

    Each interrogatory shall be answered in writing under oath. If objected to, the reasons shall be stated in lieu of an answer. The full text of the interrogatory shall immediately precede the an- swer. The answers are to be signed by the per- son and the objections signed by the attorney. The party upon whom the interrogatories have

    been served shall serve a copy of the answers, and objections, within 30 days after service of the interrogatories, except that a defendant may serve answers or objections within 45 days af- ter service of the summons and complaint. The Court may allow a shorter or longer time. The party submitting the interrogatories may move for an order concerning objection or other fail- ure to answer.

  2. Scope; Use at Trial: Interrogatories may relate to any matters which are proper and answers may be used as permitted by the Rules of Ev- idence.

    An interrogatory otherwise proper is not neces- sarily objectionable merely because an answer to the interrogatory involves an opinion or con- tention that relates to fact or the application of law to fact, but the court may order an inter- rogatory need not be answered until after des- ignated discovery has been completed or until a pre-trial conference or other later time.

  3. Option to Produce Business Records: Where the answer may be derived or ascertained from the business records or from an examination, audit or inspection of such business records, or from a compilation, abstract or summary and the burden of deriving the answer is substan- tially the same for both parties, it is sufficient to specify the records and give the party serving the interrogatory reasonable opportunity to ex- amine, audit, or inspect such records and make copies, compilations, abstracts or summaries.

Section 9-4-109 Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes

  1. Scope: Any party may serve on any other party a request (1) to produce and permit the party to inspect and copy designated documents (in- cluding other data compilations from which in- formation can be obtained or translated by the respondent through detection devices), or to in- spect and copy or sample any tangible things which constitute or contain matters and which are in the possession, custody or control of the party or (2) to permit entry upon designated land or other property in the possession or con- trol of the party for the purpose of inspection, measuring, or sampling of any designated ob- ject or operation.

  2. Procedure: The request may, without leave of court, be served upon the plaintiff and upon any other party with or after service of the summons and complaint. The request shall set for the items to be inspected, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and per- forming related acts.

    The served party shall serve a written response within 30 days after service, except a defen- dant may serve a response within 45 days af- ter service the summons and complaint. The court may allow a shorter or longer time. The response shall state, that inspection and related activities will be permitted and if the request is objected to, the reasons for objection. The par- ty submitting may move for an order.

  3. Persons Not Parties: This Section does not preclude an independent action against a per- son not a party for production of documents and things and permission to enter upon land.

Section 9-4-110 Physical and Mental Examination of Persons

  1. Order for Examination: When the mental or physical condition (including DNA blood group) of a party, or of a person in the custody or legal control of a party, is in controversy, the Court may order the party to submit to physical or mental examination or to produce the person in his custody or legal control. The order may be made only on motion for good cause shown and upon notice and to all parties and shall specify the item, place, manner, conditions, and scope of the examination and the person or per- sons examining.

  2. Report of Examining Physician:

    1. If requested by the party or person exam- ined, they shall receive to him a copy of a examining physician’s report setting out findings, including test results, diagnoses and conclusions, with reports of all earlier examinations of the same condition. After delivery the party causing the examination shall be entitled upon request to receive a like report of any examination made, of the same condition, unless, in the case of a re- port or examination of a person not a party,

      the party shows that he is unable to obtain it. The Court on motion may order requiring delivery of a report and if a physician fails or refuses to make a report the court may exclude testimony at trial.

    2. By requesting and obtaining a report of the examination or by taking the deposition of the examiner, the party examined waives any privilege he may have involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect of the same mental or physical condition.

    3. This subdivision applies to examinations made by agreement of the parties, unless the provided otherwise. This subdivision does not preclude discovery of a report of an ex- amining physician or the taking of a depo- sition of the physician otherwise available.

Section 9-4-111 Requests for Admission

  1. Request for Admission: A party may serve upon any other party a written request for ad- mission, for the pending action only, of the truth of any matters set forth that relate to statements or opinions of fact or of the application of law to fact, including the genuineness of any doc- uments. Copies of documents shall be served with the request unless they have been furnished or made available. The plaintiff may, without leave of Court, be served after commencement of the action and upon any other party with or after service of the summons and complaint.

    Each admission requested shall be separate. The matter is admitted unless, within 30 days after service or within such time as the Court may allow the respondent serves upon the par- ty a written answer or objection, signed or by him or his attorney, unless the Court shortens the time, a defendant shall not be required to serve answers or objections before 45 days after service. If objection is mad, reasons shall be stated. The answer shall specifically deny the matter or detail the reasons why the answering party cannot truthfully admit or a denial shall meet the substance of the requested admission, and when good faith requires a party qualify his answer or deny, he shall specify what is true and qualify or deny the remainder. An answer-

    ing party may not give lack of information or knowledge as reasons for failure to admit or deny unless he states he has made reasonable inquiry and the information known or readily obtainable by him is insufficient. A party who considers an admission matter presents a trial issue may not, on that ground alone, object he may, deny or state reasons why he cannot admit or deny it.

    The requesting party may move to determine sufficiency of answers or objections. Unless the Court determines an objection is justified, it shall order an answer be served. If the Court determines an answer does not comply with this Section, it may order the matter admitted or an amended answer be served. The Court may, de- termine that final disposition of the request be made at a pre-trial conference or a designated time prior to trial.

  2. Effect of Admission: Any matter admitted is conclusively established unless the Court per- mits withdrawal or amendment. The Court may permit withdrawal or amendment when the mer- its will be served and the party who obtained the admission fails to satisfy the Court withdrawal or amendment will prejudice him. An admis- sion made by a party for the pending action is not an admission for any other purpose and may not be used against him in other proceedings.

Section 9-4-112 Failure to Make Discovery:

Sanctions

  1. Compelling Discovery: A party, upon reason- able notice to other parties and all persons af- fected may apply for an order compelling dis- covery as follow:

    1. Appropriate Court: An application for an order may be made to the District Court, or, on matters relating to a deposition, to the court in the jurisdiction where the deposi- tion is taken if necessary. An application for an order to a deponent who is not a party may be made to the Court in the jurisdiction where the deposition is taken.

    2. Motion: If a deponent fails to answer a question or submitted or a corporation or other entity fails to make a designation or Section or a party fails to answer or a par- ty fails, to respond or permit inspection the

      discovering party may move for an order compelling an answer, or designation, or compelling inspection. When taking an oral deposition the proponent may complete or adjourn the examination before he applies for an order.

    3. Evasive or Incomplete Answer: An eva- sive or incomplete answer is a failure to an- swer.

    4. Award of Expenses of Motion: If the mo- tion is granted, the Court shall, after hearing, require the party or deponent whose conduct necessitated the motion or party or attorney advising such conduct or both to pay the reasonable expenses incurred, including at- torney’s fees, unless the Court finds the op- position was justified or an award is unjust.

      If the motion is granted and denied in part, the Court may apportion the reasonable expenses.

  2. Failure to Comply with Order:

    1. Sanctions by Court in Jurisdiction Where Deposition is Taken. If a deponent fails to be sworn or answer a question after being directed by the court in which the deposition is taken, sanctions imposed by any foreign court shall be given full faith and credit and promptly enforced. The Tribal Court may modify the sanctions.

    2. Sanction by Court In Which Action is Pend- ing. If a party or an officer, director, or man- aging agent of a party or a person designat- ed fails to obey an order, the Court in which the action is pending may:

      1. Order the matters or facts shall be es- tablished in accordance with party’s claim.

      2. Not allow the disobedient party to support or oppose designated claims or defenses, or prohibit them from in- troducing matters.

      3. Strike pleadings or stay proceedings until the order is obeyed, or dismiss- ing the action or proceeding, or ren- dering a judgment by default.

      4. Additionally, issue an order treating as contempt the failure to obey any orders except an order to submit to a physical or mental examination.

        Additionally the Court shall require the party failing to obey or attorney advising or both to pay expenses, in- cluding attorney’s fees, unless the Court finds the failure was substan- tially justified or an award of expenses is unjust.

  3. Expenses on Failure to Admit: If a party fails to admit the genuiness of any document or the truth of any matter, and if the party requesting the admissions proves the genuineness of the document or the truth of the matter, they may apply for an order requiring the other party to pay expenses incurred, including reasonable attorney’s fees. The Court shall make the or- der unless it finds (1) the request was held ob- jectionable (2) the admission sought was of no substantial importance, or (3) the party failing to admit had reasonable ground to believe they might prevail or (4) other good reason.

  4. Failure of a Party to Attend Own Deposition or Serve Answers to Interrogatories or Re- spond to Request for Inspection: If a party or an officer, director, or managing agent of a party or a person designated fails (1) to appear before the officer after being served or (2) to serve answers to objections to interrogatories or

(3) to serve a written response to a request for inspection. The District Court may make orders and it may take any action authorized in addi- tion the court shall require the party or the attor- ney advising or both to pay expenses, including attorney’s fees, unless the Court finds the failure justified or make an award is unjust.

The failure to act may not be excused on the ground the discovery sought is objectionable unless the party has applied for a protective or- der.


CHAPTER FIVE SECTION ONE WITNESSES

Section 9-5-101 Issue and Service of Subpoena for Witnesses

The clerk shall, on application issue a subpoena for a witness. The clerk may issue separate subpoenas, or one subpoena carrying names of all persons, or may issue subpoenas in blank. A subpoena may be served

by Tribal Police, the party, or any other person. When a subpoena not served by Police, proof of service shall be shown by affidavit; costs of service shall be allowed when served by Tribal Police, a licensed process server, or a person serving by special appointment.

Section 9-5-102 Subpoenas - Contents

The subpoena shall be directed to the person named, requiring them to attend at a particular time and place and it may direct the witness to bring any book, writing or other thing, which he is bound by law to produce.

Section 9-5-103 Subpoena for Deposition

When the attendance before any officer authorized to take depositions, is required, the subpoena may be issued by such officer.

Section 9-5-104 Subpoena for Agency Hearings

When the attendance is required before any Tribal Agency authorized to issue a subpoena, the subpoena may be issued by any office of the agency or person authorized.

Section 9-5-105 Witness May Demand Fees - Exception

A witness may demand travel and attendance fees set by Court rule, when the subpoena is served and if not paid, the witness shall not be obliged to obey.

The fact of such demand and non-payment shall be stated in the return. Witnesses subpoenaed by any Tribal department, or body authorized to issue subpoenas shall be paid when testimony is concluded. A witness may not refuse because they were not paid in advance when issued by Tribal agencies.

Section 9-5-106 Disobedience of Subpoena

Disobedience of a subpoena, or refusal to be sworn or answer when lawfully ordered, may be punished as contempt.

Section 9-5-107 Attachment of Witness

When a witness fails to attend, the Court or officer may issue an attachment to the Chief of Police, commanding them to arrest and bring the person before the Court or officer, at a time and place fixed in the attachment, to answer for the contempt. If the attachment is not for immediate appearance, the witness may give surety not to exceed Two Hundred Fifty Dollars ($250.00); such sum shall be indorsed on the back and if no sum is fixed, it shall be Two Hundred Fifty Dollars ($250.00). If the witness is not personally served, the Court may, order them to show cause why an attachment should not issue against him.

Section 9-5-108 Punishment for Contempt

  1. If the witness fails to attend; the Court or officer may fine the witness not exceeding Three Hun- dred Dollars ($300.00). If the witness attends but refuses to be sworn or testify, the Court or officer may fine the witness exceeding Three Hundred Dollars ($300.00) or may imprison him to remain until he be sworn, testify, or give his deposition. The fine imposed shall be paid into the Tribal treasury, and that imposed at a deposition shall be to the party issuing the sub- poena. The witness shall, be liable to the party injured for any damages.

  2. The punishment provided shall not apply where the witness refuses to subscribe a deposition. The punishment provided is civil and shall not be interpreted as a criminal punishment, nor shall the person be deemed convicted of any criminal offense.

  3. When the witness purges, the Court, officer, or

agency may suspend any punishment.

Section 9-5-109 Discharge When Imprisonment Illegal

A witness so imprisoned by an officer may apply to the

Tribal Court who shall have power to discharge him.

Section 9-5-110 Requisites of Attachment – Order of Commitment

Every attachment for arrest or commitment of a witness must be under the seal of the Court or officer, and must specify the cause and if the commitment be for refusing to answer a question such question must be stated.

Section 9-5-111 Examination of Prisoner

A person confined in Tribal jail may by order be required to be produced for oral examination at a hearing but in all other cases his examination must be by deposition.

Section 9-5-112 Prisoner’s Custody During Examination

While a prisoner’s deposition is being taken, he shall remain in the custody of the officer having him in charge who shall afford reasonable facilities for the taking of the deposition.

Section 9-5-113 Witness Privileged

A witness shall not be liable to be sued in the Tribal Court if he does not reside within the Tribal jurisdiction by being served with a summons while going, returning, or attending in obedience to a subpoena.

Section 9-5-114 Witness May Demand Fees Each Day - Exception

At the commencement of each day after the first day, a witness may demand his fees and if be not paid, he shall not be required to remain, except witnesses subpoenaed by any Tribal body.

Section 9-5-115 Special Provisions for Tribal Agencies

  1. No Tribal agent or employee may be required to attend and testify in their official capacity for any private party absent consent of their De- partment head or higher ranking superior.

  2. No Tribal agent or employee may be paid a witness fee if on duty when required to attend unless they request leave without pay. When agents or employees appear and testify the nor- mal witness fee shall be charged as costs for benefit of the Tribe and paid into the Tribal Treasury and the employee’s supervisor may require prepayment as a condition of approval. Witnesses shall be entitled to receive their trav- el costs, from the party in advance.

Section 9-5-116 through 9-5-149 Reserved


SECTION TWO

TESTIMONY UNDER PRIVILEGE AGAINST PROSECUTION

Section 9-5-201 Privilege For Committee Testimony

No testimony before the Tribal Legislative Body, or any agency having power to subpoena, shall be used as evidence in any criminal proceeding except in a prosecution for perjury if such person is granted immunity. An official paper of record produced is not within this privilege.

Section 9-5-202 Procedure for Claiming Privilege

When two-thirds (2/3) of the full committee or agency shall grant immunity after having claimed their privilege against self-incrimination, to testify or produce such person shall be privileged. An Order may be issued upon application by an authorized representative the committee or agency accompanied by the written approval of the Tribal Legislative Body. The Court shall not grant immunity without first having notified the Tribal Attorney. The Tribal Attorney shall be given an opportunity to be heard prior to the Order of the District Court. No witness shall be exempt

from prosecution for perjury or contempt Committed while giving testimony or producing evidence under compulsion as provided in this Section.

Section 9-5-203 Oaths

The Tribal Legislative Body, Chairman or equivalent officer of any committee or agency to issue subpoenas, and any officer or employee authorized is empowered to administer oaths.

Section 9-5-204 Penalties

  1. Every person summoned as a witness by the Tribal Legislative Body or other tribal agen- cy authorized under a grant of immunity who willfully defaults or refuses to answer shall be punishable by a civil fine of not more than Five Thousand Dollars ($5,000.00) and commitment to be imposed by that body to the Tribal jail un- til testimony be given.

  2. Additionally and alternatively the agency may proceed in Tribal Court for an order requiring such witness to testify and if such order is dis- obeyed the witness shall be guilty of an offense, and may be fined not more than One Thousand Dollars ($1,000.00), or imprisoned not exceed- ing six months or both.

Section 9-5-205 Disgrace as Ground for Refusal to Testify

No witness is privileged to refuse to testify or produce any paper, upon the ground his testimony may tend to disgrace or render him infamous, provided such fact or paper is reasonably related to the purpose of the hearing and the purpose of the hearing is reasonably related to the exercise of authority delegated by law.

Section 9-5-206 Prosecution

Whenever a body before whom a witness was granted immunity believes criminal prosecution should be instituted, it shall certify such to the Tribal Attorney General or prosecutor, who shall prosecute if the person has not purged their contempt within 48 hours.

Section 9-5-207 Fees and Mileage

  1. Witnesses before legislative and administrative bodies compelled to attend by subpoena shall be paid the same fees and mileage as are paid in civil cases.

  2. Witness fees and allowances for mileage shall be set by the Court. Mileage fees shall not ex- ceed the Federal mileage rate.

CHAPTER SIX JURORS

Section 9-6-101 Meeting for Selection of Jurors

  1. At any time upon the Chief District Judge’s or- der, shall select from a list all qualified jurors for service as necessary.

  2. It shall be the duty of the following officer to provide the list of qualified prospective jurors to the Court Clerk:

    1. The Tribal Secretary shall supply a list of potential qualified jurors who are enrolled Tribal members over twenty-five (25) years of age who reside within a fifty mile radi- us of the Tribal Court located in Shawnee, Oklahoma, according to zip code or any portion of any zip code within a fifty mile radius, and shall have voted in one (1) of the previous two (2) regular or special tribal elections.

  3. The list shall contain, the date of birth or age, name, address, and actual place of residence of each person.

  4. The list may be printed from a computer.

Section 9-6-102 Reserved

Section 9-6-103 Preparation of Jury Wheel

The Chief Judge shall direct the Information Technology Office to produce a computer generated list of eligible potential jurors. The Court Clerk will maintain this list in a safe and secure place. Only persons specifically authorized by the Court shall have access to the list. The expenses to be paid from the Court fund.

Section 9-6-104 Drawing General Jury Panel

  1. The Chief Judge shall, prior to each jury Trial determine approximately the number of jurors necessary and shall order the generation of this number to be known as the general panel of ju- rors.

  2. The Chief Judge shall direct the Information Technology Office to generate a list of persons for a jury panel. The persons are to be selected in any manner which is random and indiscrimi- nate as ordered by the Court.

  3. The Court may excuse or discharge any person drawn and summoned.

Section 9-6-105 Use of Jury Panel

The general panel of jurors shall be used to select juries tried during for the jury trial for which they were summoned.

Section 9-6-106 Certifying and Sealing Lists

The list of names for the general panel shall be kept by the Court Clerk to be the list for the jury docket, and shall be kept in an envelope endorsed “jurors for the jury docket of the Tribal District Court scheduled to commence on ” (filling in the appropriate date).

Section 9-6-107 Oath and Delivery of Envelopes

The attending Judge shall administer to the Court Clerk and deputies an oath as follows: “You and each of you do solemnly swear that you will not disclose the jury list nor permit it to be disclosed, and you will not, directly or indirectly, converse or communicate with any one selected as juror concerning any case pending for trial in the Court, So help you God.”.

Section 9-6-108 Reserved

Section 9-6-109 Reserved

Section 9-6-110 Summoning Jurors

The summons shall be served by the Court Clerk by mailing such summons by registered or certified mail, or as directed by the Judge not less than ten (10) days before the day the person is to appear. The Court Clerk shall file a statement containing the date of mailing and type of mail used. This shall not prevent service by the Police Chief when Court directed.

Section 9-6-111 On-Call System Jurors

  1. When an on-call system is implemented by the Chief Judge each juror subject to call shall be required to contact the Court for information as to the time and place of appearance.

  2. “On-call” system means a method whereby the Chief Judge estimates the number of jurors re- quired and jurors not needed are released sub- ject to call.

  3. Pursuant to summons for service on petit juries each qualified, nonexempt juror is retained for service subject to call.

Section 9-6-112 Drawing Trial Jurors From Panel

Prospective jurors for trial shall be drawn from the general panel by a computer random number generator and numbering each general panel member or by some

form of random drawing approved by the Court. The initial jurors shall be drawn as shortly before the trial as is reasonably practical. As prospective jurors are removed or dismissed by challenge, the Clerk shall move to the next name from the general panel and be subject to voir dire.

Section 9-6-113 Qualifications and Exemptions of

Jurors

  1. All members of the Tribe and other citizens of the United States who are over twenty-five (25) years of age and have resided within the Tribal jurisdiction for a period of thirty (30) days, who are of sound mind and discretion and of good moral character are competent to act as jurors, except;

  2. The following persons are not qualified:

    1. Justices of the Supreme Court or their em- ployees

    2. Judges or Magistrates of the District Court, or their employees

    3. The Court Clerk, or their employees

    4. The Chief of the Tribal Police, deputies, and employees

    5. Jailors or other tribal, state, or federal law

      enforcement officers

    6. Licensed Attorneys or Advocates

    7. Persons who have been convicted of any felony or crime involving moral turpitude, provided that when such conviction has been vacated, overturned upon appeal, or pardoned or when they have been fully re- stored to their civil rights by the jurisdiction wherein such conviction occurred, the per- son shall be eligible

    8. Elected Tribal Officials.

    9. Persons who are closer than a second cous- in by blood or marriage to any defendant or litigant.

  3. Persons over seventy (70) years of age, minis- ters, practicing physicians, optometrists, den- tists, public school teachers, federal employees, regularly organized full time fire department employees, and women with otherwise unat- tended minor children not in school may be ex- cused upon request.

Section 9-6-114 Substantial Compliance

Substantial compliance with this Chapter, shall be sufficient to prevent the setting aside of any verdict, unless the irregularity in drawing, and summoning, or empanelling resulted in depriving a party litigant of some substantial right; provided, such irregularity must be specifically presented at or before the time the jury is sworn.

Section 9-6-115 Oath to Jury

After selection and prior to the opening statements, the Court or Clerk shall place the jury under oath or affirmation to well and truly try and determine the action before them exclusively upon the evidence presented and the law as given by the Court, and to return their true verdict thereon without partiality for any unlawful cause or reason.

Section 9-6-116 through 9-6-120 Reserved

Section 9-6-121 Discharge of Employee for Jury Service - Penalty

Every person, firm, or corporation who discharges an employee or causes an employee to be discharged because of absence from employment by reason of having been required to serve as a juror shall be guilty of an Offense, and upon conviction, shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00).

Section 9-6-122 Civil Liability - Damages

Every person, firm, or corporation who discharges or causes to be discharged an employee because of absence from employment by reason of having been required to serve as a juror shall be liable in a civil action for both actual and punitive damages. Damages shall include all pecuniary losses suffered including, but not limited to, lost earnings, both past and future, mental anguish, and all reasonable damages incurred in obtaining other suitable employment, including the cost of relocation and retraining and a reasonable attorney fee.


CHAPTER SEVEN SECTION ONE TRIALS

Section 9-7-101 Trial of Issues

Issues of law must be tried by the Court. Issues of fact, when a jury trial is provided, may be tried by a jury, if a jury trial is demanded, unless a reference is ordered. All other issues of fact shall be tried to the Court.

Section 9-7-102 Jury Trial of Right

  1. Right: Any action may be tried by a jury upon demand, where the amount in controversy is over Ten Thousand Dollars ($10,000.00) aris- ing in contract or tort, except Title 10 actions.

  2. Demand: Any party entitled to a jury trial may demand a trial by a jury by serving upon the oth- er parties a demand after the commencement of the action and not later than forty-five (45) days before Trial. The demand shall not be effective unless, at the time of filing or at such later time as the Court shall allow, the party making such demand deposit with the Court Clerk a reason- able jury fee as the Court Administrator shall by rule determine. The amount shall be set as may be necessary to offset the costs without being unreasonable. The rules shall provide a waiver of the deposit for proceeding in forma pauperis.

  3. Same; Specification of Issues: A party may specify issues; otherwise they shall be deemed to have demanded trial by jury for all issues. If trial by jury for some of the issues, any other party within ten (10) days after service of the demand or lesser time as the Court may order, may serve a demand for trial by jury of any oth- er or all issues.

  4. Waiver: The failure of a party to serve a de- mand and to file it constitutes a waiver. A de- mand for trial by jury may not be withdrawn without the consent of the parties. Even though previously demanded, the trial by jury may be waived by the parties, in actions arising on con- tract, and with the assent of the Court in other actions, in the following manner: By the con- sent of the party appearing, when the other par- ty fails to appear at trial. By written consent, in person or by attorney, filed with the clerk; By oral consent, or in open court.

Section 9-7-103 Trial by Jury or by the Court

  1. By Jury: When Trial by jury has been demand- ed the action shall be designated as a jury ac- tion. The trial of all issues so demanded shall be by jury, unless:

    1. The parties or their attorneys of record, by written stipulation filed with the Court or by an oral stipulation made in open Court con- sent to trial without a jury;

    2. The Court upon motion or of its own ini- tiative finds a right of trial by jury does not exist.

  2. By the Court: Issues not demanded for trial by jury shall be tried by the Court; but, the Court in its discretion or upon motion may order a trial by jury of any or all issues properly triable to a jury.

    Section 9-7-104 Assignment of Cases for Trial

    The District Court shall place of actions on the trial calendar

    1. Without request or

    2. Upon request of a party and notice to the other parties or

    3. In such other manner as the Court deems expedient.

Section 9-7-105 Consolidation; Separate Trials

  1. Consolidation: When different actions involv- ing a common question of law or fact are pend- ing, the Court may order a joint hearing or trial to avoid unnecessary costs or delays.

  2. Separate Trials: The Court may order a sep- arate trial of any claim, cross-claim, counter- claim, or third-party, or of any separate issue or of any number of claims, cross-trial by jury.

Section 9-7-106 through 9-7-119 Reserved


SECTION TWO IMPANELING JURY

Section 9-7-201 Causes for Challenging Jurors

Any juror, who has been convicted of any crime which disqualifies them or has been an arbitrator on either side, relating to the same controversy; or has an interest in the action; or who has an action pending between him and either party; or who has formerly been a juror on the same claim, or who is the employer, employee, counselor, agent, steward or attorney of either party; or who is subpoenaed as a witness; or who is of kin to either party within the second degree by blood or marriage, may be challenged for cause; it shall be considered as a principal challenge, and the validity decided by the Court; and any juror may be challenged on suspicion of prejudice or partiality, or any other cause; but a resident or taxpayer of the tribal jurisdiction, or a member of the Tribe or any municipality therein shall not be disqualified in actions in which the Tribe or such

municipality is a party. The validity of all principal challenges and challenges for cause shall be determined by the Court.

Section 9-7-202 Examination of Jurors

The Court may permit the parties or their attorneys to conduct or may itself conduct the examination. In the latter event, the Court may permit the parties or their attorneys to supplement the examination as it deems proper or ask such additional questions submitted by parties or attorneys.

Section 9-7-203 Alternate Jurors

The Court may impanel not more than two additional jurors as alternate jurors. Alternate jurors shall be selected, treated and authorized as regular jurors. An alternate juror not used shall be discharged after the jury retires. Each side is entitled to one peremptory challenge in addition to those otherwise allowed for alternate jurors. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges shall not be used against an alternate juror.

Section 9-7-204 Order of Challenges

Plaintiff first, and afterward the defendant, shall complete his challenges for cause. They may then, in the same order, have the right to challenge, until each shall have peremptorily challenged three jurors, but no more.

Section 9-7-205 Challenges to Jurors – Filling Vacancies

After each challenge, the vacancy shall be filled before further challenges and any new juror thus introduced may be challenged for cause and peremptorily.

Section 9-7-206 Alternate Method of Selecting Jury

Notwithstanding other methods authorized, the trial judge may direct a jury be selected by calling and seating twelve prospective jurors and then examining them on voir dire; when twelve prospective jurors have been passed for cause, each side shall exercise its peremptory challenges out of the hearing of the jury by alternately striking three names each and the remaining six persons shall be sworn.

If there be more than one defendant and the trial judge determines on motion there is a serious conflict of interest he may, allow each defendant to strike three names from the list of jurors seated and passed for

cause. In such case he shall appropriately increase the number of jurors initially called and seated.

Section 9-7-207 Oath of Jury

The jury shall be sworn to well and truly try the matters submitted to them in the case before them, and to give a true verdict, according to the law and the evidence.

Section 9-7-208 Juries of Less Than Six – Majority Verdict

All juries shall be six persons, and a unanimous verdict shall be required, except the parties may stipulate any number less than six and greater than three, or a verdict or a finding of a stated majority shall be taken as the verdict or finding.

Section 9-7-209 through 9-7-229 Reserved


SECTION THREE TRIAL PROCEDURE

Section 9-7-301 Order of Trial

When the jury has been sworn or when the Court is ready the trial shall proceed in the following order, unless the Court for special reasons otherwise directs:

  1. The party with the burden of proof may briefly state their case, and the evidence they expect to sustain it.

  2. The adverse party may then briefly state their defense and the evidence they expect to offer. The adverse party may reserve opening state- ment until the presentation of evidence.

  3. The party with whom rests the burden of proof the issues must first produce evidence; after the closing the adverse party may interpose a mo- tion for a directed verdict upon the ground that no claim for relief or defense is proved. Judg- ment shall be rendered for the party whose mo- tion is sustained.

  4. If the motion for a directed verdict is overruled, the adverse party shall then produce evidence.

  5. The parties will then be confined to rebutting evidence unless the Court permit them to offer evidence in the original case.

  6. After the close of evidence, and when jury in- structions have been finalized by the Court, the parties may then make their closing arguments as to the evidence proved and reasonable infer- ences to be drawn. The party having the burden of proof shall first present argument. Thereafter,

    the other party shall present his argument, and then, an opportunity for rebuttal argument. The Court may place reasonable limitation upon the time provided, each side should have the same total time for argument.

  7. After closing arguments, the Court shall instruct the jury as to the law and shall give a copy of the written instructions to the jury.

  8. The Court shall then place the bailiff or some other responsible person under oath to secure the jury against interference and the jury shall retire to determine its verdict.

Section 9-7-302 Taking of Testimony

  1. Form: In all trials the testimony of witnesses shall be taken orally in open court, unless other- wise provided.

  2. Affirmation in Lieu of Oath: Whenever an oath is required a solemn affirmation may be accepted.

  3. Evidence on Motions: When a motion is based on facts not appearing of record the Court may hear the matter on affidavits but the Court may direct the matter be heard on oral testimony or depositions.

  4. Interpreters: The Court may appoint an in- terpreter of its own selection and fix compen- sation. The compensation shall be paid out of funds provided by law or by one or more of the parties as the Court may direct.

Section 9-7-303 Exceptions Unnecessary

Formal exceptions to rulings or orders of the Court are unnecessary; it is sufficient a party, at the time the ruling or order is made or sought. To make known the action desired or objection to Court the action and grounds and, if a party has no opportunity to object to a ruling or order at the time made, the absence of an objection does not thereafter prejudice him.

Section 9-7-304 Instruction to Jury - Objection

  1. The time the Court directs, any party may file written requests the Court instruct the jury on the law. The Court shall inform counsel of its proposed action prior to their arguments to the jury, but the Court shall instruct the jury after the arguments are completed. No party may assign as error the giving or failure to give an instruction unless he objects or proposes the re-

    quested instruction before the jury retires stating distinctly the matter to which he objects and the grounds. Opportunity shall be given to make the objection out of the hearing of the jury.

  2. All instructions requested, and modifications shall be in writing, numbered, and signed ask- ing the same and filed.

  3. When either party asks special instructions be given the Court shall either give such instruc- tions or positively refuse or gives instructions with modification so that it shall distinctly ap- pear what instructions with modification so that it shall distinctly appear what instructions with modification were given and those refused so that either party may except.

  4. All instructions given must be numbered, signed by the judge and filed together with those asked for by the parties.

Section 9-7-305 Uniform Jury Instructions

The Supreme Court, is authorized to promulgate uniform jury instructions which, shall be used unless the Court determines the instruction do not accurately state the law.

Section 9-7-306 Objections to Instructions – Copies to Parties

A party objecting to the instructions, or refusal shall not be required to file a formal bill of exceptions; but it shall be sufficient to make objection noting on the record out of the hearing of the jury, before the reading of all instructions, the number of the particular instruction that was requested, refused, and objected to, or the number of the particular instruction given by the Court. The Court shall furnish the instructions to Plaintiff and Defendant prior to giving said instructions.

Section 9-7-307 View by Jury

Whenever, it is proper for the jury to have a view of the subject property or place any material fact occurred, it may order them conducted, in a body, under the charge of an officer, which shall be shown by some person appointed by the Court. While the jury is absent, no person, other than the person so appointed, shall speak to them on any subject connected with the trial.

Section 9-7-308 Deliberations of the Jury

When the case is submitted to the jury, they shall retire for deliberation. When they retire, they must be kept together, in some convenient place, under charge of an

officer, until they agree upon a verdict or be discharged by the Court. The Court may permit them to separate at night, and at meals. The officer having them under his charge shall not make nor suffer any communication to be made to them, except to ask if they are agreed upon their verdict, and to communicate a request by the jury to the Court in open Court, unless by order of the Court; and they shall not, before their verdict is rendered, communicate the state of their deliberations, or the verdict.

Section 9-7-309 Admonition of Jury on Separation

If the jury is permitted to separate, they shall be admonished that it is their duty not to converse with, or allow themselves to be addressed by, any other person, on any subject of the trial, and not to form or express an opinion until the case is finally submitted.

Section 9-7-310 Information After Retirement

After the jury has retired for deliberation, if there be a disagreement or if they desire to be informed as to any part of the testimony, or if they desire to be informed as to any part of the law they may request the officer to conduct them to the Court, where the information on the point of law shall be given in writing, and the Court may given its recollections as to the testimony or cause the same to be read or played back by the reporter in the presence of, or after notice to, the parties. Upon motion the Court may order that other portions of the record relating to the same issue also be read or played back to the jury upon the questioned point.

Section 9-7-311 When the Jury May Be Discharged

The jury may be discharged by the Court on account of the sickness of a juror, or other accident or other accident or calamity requiring their discharge, or by consent of both parties, or after they have been kept together until it appears that there is no probability of their agreeing.

Section 9-7-312 Re-trial

In all cases where the jury is discharged it may be tried again immediately, or at a future time.

Section 9-7-313 Proof of Official Record

  1. Authentication:

    1. Domestic: An official record kept within the United States, or any Indian Tribal juris- diction, state, district, commonwealth, terri-

      tory, or possession thereof, when admissible may be evidenced by an official publication or by a copy attested by the officer having legal custody or deputy, and accompanied by a certificate. The certificate may be made by a judge authenticated by the seal of the court, or may be made by any public office having official duties.

    2. Foreign: A foreign official record or an entry therein, when admissible may be ev- idenced by an official publication or copy attested by an authorized person and accom- panied by a certification as to the genuine- ness of the signature and official position.

      1. Of the attesting person; or

      2. Of any foreign official whose certifi- cation of genuineness of signature and official position related to the attesta- tion or is in a chain of certificate of genuineness of signature and official position relating to the attestation. A final certification may be made by a secretary of embassy or legation, con- sul general, consul, vice consul, or consular agent of the United State, or a diplomatic or consular official of the foreign county assigned or accredited to the United States. If opportunity has been given to investigate the au- thenticity and accuracy of the docu- ments, the Court may, for good cause shown;

      3. Admit an attested copy without final certification; or

      4. Permit the foreign official record to be evidenced by an attested summary with or without a final certification.

  2. Lack of Record: A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated in the case of a domestic record, or for summary in the case of a foreign record, is admissible as evidence that the records contain no such record or entry.

  3. Other Proof: This Section does not prevent the proof of official records or of entry or lack of entry by any other method authorized by law.

Section 9-7-314 Determination of Foreign Law

A party who intends to raise an issue concerning the law of a foreign jurisdiction shall give notice in his pleadings or other reasonable written notice. The Court, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Tribal Rules of Evidence. The Court’s determination shall be treated as a ruling on a question of law. The District Court shall take judicial notice of the law of any foreign jurisdiction within the United States published in an official publication of that jurisdiction upon reasonable notice. The term “foreign jurisdiction within the United States” includes every federally recognized Indian Tribe, every state, territory, or possession of the United States, the United States, and their political subdivisions and agencies.

Section 9-7-315 Appointment and Duties of Masters

  1. Appointment and Compensation: The Dis- trict Court with the concurrence of a majority of the Judges may appoint one or more standing masters, and the trial judge, may appoint a spe- cial master to act in a particular case. The word “master” includes a referee, an auditor, and an examiner, a commissioner, and an assessor. The compensation to be allowed to a master shall be fixed by the Court, and shall be charged upon such of the parties or paid out of any fund or subject matter of the action. The master shall not retain his report as security for his compen- sation; but when the party ordered to pay does not pay after notice and within the time pre- scribed by the Court, the master is entitled to a writ of execution.

  2. Reference: A reference to a master shall be the exception. In an action tried by jury, a reference shall be made only when the issues are com- plicated; in actions without a jury, a reference shall be made only upon a showing of excep- tional condition.

  3. Powers: The order of reference may specify or limit powers and direct a report upon particular issues or perform particular acts or to receive and report evidence and may fix the time and place for beginning and closing hearings and for the filing of the master’s report. Subject to limitations stated the master shall exercise the power to regulate all proceedings and do all acts

    and measures necessary for performance of his duties. When a party requests, the master shall make a record of the evidence offered and ex- cluded in the same manner and subject to the same limitations.

  4. Proceedings:

    1. Meetings: The clerk shall furnish the mas- ter with the order. Upon receipt, the master shall set a time and place for the meeting of parties to be held within twenty (20) days after the date of the order with notification. The master shall proceed with all reason- able diligence. Either party, on notice to the parties and master, may apply for Court order requiring the master to speed the pro- ceedings and to make a report. If a party fails to appear the master may proceed ex parte, or, adjourn the proceedings to a future day, giving notice to the absent party.

    2. Witnesses: The parties may procure the at- tendance of witnesses by the issuance and service of subpoenas. If a witness fails to appear or give evidence, he may be pun- ished for contempt and be subjected to con- sequences, penalties, and remedies.

    3. Statement of Accounts: When matters of accounting are in issue, they may prescribe the form accounts shall be submitted and may require or receive in evidence a state- ment by a certified public accountant called as a witness. Upon objection to any of the items submitted or upon a showing that the form is insufficient, the master may require a different form of statement, or accounts or items be proved by oral examination or upon written interrogatories or in other manner.

  5. Report:

    1. Content and Filing: The master shall pre- pare a report and file a transcript of the pro- ceedings and evidence and original exhibits. The clerk shall mail notice of the filing.

    2. In Non-Jury Actions: The Court shall accept the master’s findings of fact unless clearly erroneous. Within ten (10) days af- ter being served with notice of the report any party may serve written objections. Application to the Court for action upon the report is upon notice. The Court after a

      hearing may adopt the report or modify it or receive further evidence or recommit it with instructions.

    3. In Jury Actions: The master shall not be directed to report the evidence. His findings are admissible and may be read to the jury, subject to the ruling of the Court upon any objections in point of law.

    4. Stipulation as to Findings: The effect of a master’s report is the same whether or not parties have consented to the reference; but, when the parties stipulate findings of fact shall be final, only questions of law shall be considered.

    5. Draft Report: Before filing a master may submit a draft to all parties to receive sug- gestions.

Section 9-7-316 through 9-7-220 Reserved


SECTION FOUR VERDICT

Section 9-7-401 Findings by the Court

  1. Effect: In all actions tried without a jury, the Court shall find the facts and state its conclusions of law and judgment shall be entered in granting or refusing interlocutory injunctions the Court shall set forth findings of fact and conclusions of law which constitute the grounds. Request for findings are not necessary for purposes of review. Findings of fact shall not be set aside unless clearly erroneous. The adopted findings of a master shall be considered the findings of the Court. If an opinion or memorandum of de- cision is filed, it will be sufficient if findings of fact and conclusions of law appear. Findings of fact and conclusions of law are unnecessary on decisions of motions.

  2. Amendment: Upon motion of a party made not later than ten (10) days after entry of judgment the Court may amend its findings or make ad- ditional findings and may amend the judgment. The motion may be made with a motion for a new trial. When findings of fact are made in actions without a jury, the question of the suf- ficiency of the evidence to support the findings may be raised whether or not an objection or motion was made to amend them or a motion for judgment.

Section 9-7-402 Delivery of Verdict

The jury verdict will be rendered in open Court by the foreman. The verdict shall be written, signed by the foreman, read by the clerk and inquiry made whether it is their verdict. If any juror disagrees, the jury must be sent out. If there is no disagreement and neither party requires the jury to be polled, the verdict is complete and the jury discharged from the case. If, the verdict is defective in form it may be corrected by the Court with assent of the jury.

Section 9-7-403 Special Verdict and Interrogatories

  1. Special Verdicts: The Court may require a jury to return a special verdict in the form of a finding upon each issue of fact. The Court may submit written questions requiring categorical or brief answers or may submit written forms of several special findings which might be made under the pleadings and evidence; or it may use other methods. The Court shall explain and in- struction upon each issue. If the Court omits any issue of fact raised by the pleadings or by evidence, each party waived his right to a trial by jury unless before the jury retires he demands its submission on an issue omitted without de- mand, the Court may make a finding; or, if not it shall be deemed to have made a finding in ac- cord with the judgment on the special verdict.

  2. General Verdict Accompanied by Answer to Interrogatories: The Court may submit, with appropriate forms for a general verdict, written interrogatories upon issues of fact the decision of which is necessary to a verdict. The Court shall explain and give to answer and render a general verdict, and the Court shall direct the jury to make written answers and render a gen- eral verdict. When the general verdict and the answers are consistent judgment shall be entered but, when the answers are inconsistent with the general verdict, judgment may be entered in ac- cordance with the answers, notwithstanding the general verdict, or the Court may return the jury for further consideration or order a new trial. When the answers are inconsistent with each other and inconsistent with the general verdict, judgment shall not be entered, the Court shall return the jury for further consideration or shall order a new trial.

Section 9-7-404 Jury Must Assess Amount of Recovery

When either party is entitled to recover money of the adverse party, the jury, in their verdict, must assess the amount of recovery.

Section 9-7-405 Motion for a Directed Verdict and for Judgment Notwithstanding the Verdict

  1. Motion for Directed Verdict: When Made: Effect: A party who moves for a directed ver- dict may offer evidence if the motion is not granted, without having reserved the right. A motion for directed verdict shall state the spe- cific grounds. The order of the Court granting a motion for a directed verdict is effective with