# Tribal Code - The Choctaw Nation of Oklahoma; Tribal Law Gateway > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Achoctaw_oklahoma%3A2c690a01488f1bd1 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Tribal Code - The Choctaw Nation of Oklahoma; Tribal Law Gateway, National Indian Law Library; Native American Rights Fund Tribal Law Gateway | The Choctaw Nation of Oklahoma | Tribal Code The Choctaw Nation of Oklahoma - Tribal Code Table of Contents Updated: October 2018 The tribe makes their code available online. The link below will take you to the version of the code available on the tribe's website . Tribal Codes Table of Contents Choctaw Nation Traffic Code: Chapter 1. Definition of Words and Phrases Section 1-101. Definition of Words and Phrases Section 1-101.1. Ancient Vehicle Section 1-102. Arterial Street Section 1-103. Authorized Emergency Vehicles—Equipment Section 1-103.1. Automobile Section 1-104. Bicycle, Electric-Assisted Bicycle, and Motorized Bicycle Section 1-105. Bus Section 1-105.1. Church Bus Section 1-106. Business District Section 1-107. Reserved Section 1-107.1. Class A Commercial Motor Vehicle Section 1-107.2. Class B Commercial Motor Vehicle Section 1-107.3. Class C Commercial Motor Vehicle Section 1-107.4. Class D Motor Vehicle Section 1-108. Commercial Operator or Driver Section 1-109. Executive Director Section 1-110. Controlled-Access Highway Section 1-111. Crosswalk Section 1-112. Reserved Section 1-113. Department Section 1-114. Driver Section 1-114A. Electric Personal Assistive Mobility Device Section 1-115. Reserved Section 1-116. Established Place of Business Section 1-117. Explosives Section 1-118. Farm Tractor Section 1-119. Flammable Substance Section 1-120. Reserved Section 1-120.1. Gross Combination Weight Rating (GCWR Section 1-121. Gross Vehicle Weight Rating (GVWR) Section 1-122. Highway Section 1-123. Manufactured Home Section 1-124. Reserved Section 1-125. Implement of Husbandry Section 1-126. Intersection Section 1-127. Reserved Section 1-128. License to Operate a Motor Vehicle Section 1-129. Lienholder Section 1-130. Reserved Section 1-131. Mail Section 1-132. Manufacturer Section 1-133. Metal Tire Section 1-133.1. Reserved Section 1-133.2. Moped Section 1-133.3. Motorized Scooter Section 1-134. Motor Vehicle Section 1-134.1. Low-Speed Electrical Vehicle Section 1-135. Motorcycle Section 1-136. Motor-driven Cycle Section 1-136.1. Reserved Section 1-136.2. Reserved Section 1-136.3. Motorized Wheelchair Section 1-137. Reserved Section 1-138. Reserved Section 1-139. Official Traffic control Devices Section 1-140. Operator or driver Section 1-140.1. “Other Intoxicating Substance” Defined Section 1-141. Owner Section 1-142. Park, Parking and Public Parking Lot Section 1-143. Pedestrian Section 1-144. Person Section 1-145. Pneumatic Tire Section 1-151. Railroad Train Section 1-152. Reserved Section 1-152.1 Recreational Vehicle Section 1-153. Registration Section 1-154. Residence District Section 1-155. Revocation of Driving Privilege Section 1-156. Right of Way Section 1-157. Reserved Section 1-158. Roadway and Shoulder Section 1-159. Safety Zone Section 1-160. School Bus Section 1-161. Reserved Section 1-162. Semitrailer Section 1-163. Sidewalk Section 1-164. Solid Tire Section 1-165. Special Mobilized Machinery Section 1-166. Reserved Section 1-167. Stand or Standing Section 1-168. State Section 1-169. Stop Section 1-170. Stop or Stopping Section 1-171. Street Section 1-172. Reserved Section 1-173. Suspension of Driving Privilege Section 1-173.1. Tank Vehicle Section 1-174. Taxicab Section 1-175. Through Highway Section 1-176. Reserved Section 1-177. Traffic Section 1-178. Traffic Control Signal Section 1-179. Traffic Lane Section 1-180. Trailer Section 1-181. Transporter Section 1-181.1. Travel Trailer Section 1-182. Truck Section 1-183. Truck Tractor Section 1-184. Reserved Section 1-185. Reserved Section 1-186. Vehicle Chapter 2. The Public Safety Department Section 2-101. Creation of the Public Safety Department and Office of Executive Director of Public Safety—Powers and Authority—Chief Officer—Services for Chief Section 2-102. Executive Director of Public Safety Section 2-103. Powers and Duties of the Executive Director Section 2-104. Police Authority of Department Section 2-105. Administration of Public Safety Department Chapter 3. Reserved Chapter 4. Anti-Theft Laws Section 4-101. Exceptions from Provisions of this Chapter Section 4-102. Unauthorized use of Vehicle or Implement of Husbandry Section 4-103. Unauthorized Receipt, Possession, Concealment, Sale, or Dispossession of Vehicle or Implement of Husbandry Section 4-104. Damaging or Tampering with Vehicle or Implement of Husbandry Section 4-105. Stolen, Converted, Recovered and Unclaimed Vehicles Section 4-106. False Report of Theft or Conversion Section 4-107. Removed, Falsified or Unauthorized Identification Section 4-107a. Offenses in Connection with Trim Tag Plates—Exceptions—Penalties—Civil Remedies—Definitions Section 4-108. False Statements of Material Facts—Punishment Section 4-109. Altering or Forging Certificate of Title—Punishment Section 4-110. Offenses in Connection with Certificate of Title Chapter 5. Reserved Chapter 6. Driver Licenses Section 6-101. Driver Must be Licensed Section 6-102. Persons Exempt Section 6-103. Exceptions to License Requirements Section 6-104. License to be Carried and Exhibited on Demand Section 6-301. Unlawful use of License or Identification Card Section 6-302. Reserved Section 6-303. Driving without License or while License is Canceled, Denied, Suspended or Revoked—Penalties Section 6-304. Permitting Unauthorized Minor to Drive Section 6-305. Permitting Unauthorized Person to Drive Section 6-306. Employer’s Permitting Unlicensed or Improperly Licensed Person to Drive Section 6-307. Liability for Knowingly Permitting the Operation by a Person Not Qualified Section 6-308. Penalty for Misdemeanor Chapter 7. Financial Responsibility Section 7-600. Definitions Section 7-601. Liability Requirements--Proof of Compliance Section 7-602. Certification of Existence of Security—Exemptions Section 7-603. Possession of Security Verification Form while Operating or Using Certain Vehicles Section 7-604. Failure to Maintain Insurance or Security—Penalties Section 7-605. Exemptions Section 7-606. Security Verification Forms—Violations of Law—Penalties Chapter 8. Reserved Chapter 9. Reserved Chapter 10. Accidents and Accident Reports Section 10-101. Provisions of Chapter Apply Throughout Choctaw Nation of Oklahoma Section 10-102. Accidents Involving Nonfatal Injury Section 10-102.1. Accidents Involving Death Section 10-103. Accidents Involving Damage to Vehicle Section 10-104. Duty to Give Information and Render Aid—Drug and Alcohol Testing Section 10-105. Duty upon Striking Unattended Vehicle Section 10-106. Duty upon Striking Fixtures upon a Highway Section 10-107. Immediate Notice of Accident Chapter 11. Rules of the Road Article 1. Obedience to and Effect of Traffic Laws Section 11-101. Provisions of Chapter Refer to Vehicles upon the Highways—Exceptions Section 11-102. Required Obedience to Traffic Laws Section 11-103. Obedience to Police Officers Section 11-104. Persons Riding Animals or Driving Animal-Drawn Vehicles Section 11-105. Persons Working on Highways—Exceptions Section 11-106. Authorized Emergency Vehicles Section 11-107. Military Convoys Article 2. Traffic Signs, Signals and Markings Section 11-201. Obedience to and Required Traffic control Devices Section 11-202. Traffic control Signal Legend Section 11-203. Pedestrian-Control Signals Section 11-204. Flashing Signals Section 11-204.1. Lane Use Control Signals Section 11-205. Pedestrian-Actuated School Crossing Signals Section 11-206. Display of Unauthorized Signs, Signals or Markings Section 11-207. Interference with Official Traffic control Devices or Railroad Signs or Signals— Violation Resulting in Personal Injury or Death—Penalty Section 11-208. Traffic Signal Preemption Device Article 3. Miscellaneous Rules of Driving on Roadway Section 11-301. Drive on Right Side of Roadway—Exceptions Section 11-302. Passing Vehicles Proceeding in Opposite Directions Section 11-303. Overtaking a Vehicle on the Left—Signal Section 11-304. When overtaking on the right is permitted Article 6. Turning and Starting and Signals on Stopping and Turning Section 11-601. Required Position and Method of Turning at Intersections Section 11-602. Turning to Proceed in Opposite Direction—Turns on Curve or Near Crest of Grade Prohibited Section 11-603. Starting Parked Vehicle Section 11-604. Turning Movements and Required Signals—Passing Person Attempting a Left Turn Section 11-605. Signals by Hand and Arm or Signal Lamps Section 11-606. Method of Giving Hand and Arm Signals Article 7. Special Stops Required Section 11-701. Obedience to Signal Indicating Approach of Train Section 11-702. Commercial Motor Vehicles and Buses—Railroad Crossing Section 11-703. Stop Signs and Yield Signs Section 11-704. Emerging from Alley, Driveway or Building Section 11-705. Meeting or Overtaking Stopped School Bus Section 11-705.1. Meeting or Overtaking Stopped Church Bus Article 8. Speed Restrictions Section 11-801. Basic Rule—Maximum and Minimum Limits—Fines and Penalties Section 11-802. Minimum speed regulation Section 11-803. Speed Limitation on Motorcycles, Motor-Driven Cycles, and Motorized Scooters Section 11-804. Low-speed Electrical Vehicles—Restrictions on Operation Section 11-805. Electric-assisted bicycle operators Section 11-805.1. Electric Personal Assistive Mobility Devices Section 11-805.2. Electric Gopeds Section 11-806. Special speed limitations Section 11-806.1. Reduced Speed Limit at Certain Times in School Zone Section 11-807. Charging Violations and Rule in Civil Actions Section 11-808. Jammers and Speed Measuring Devices—Use, Possession, Manufacture, Sale or Distribution Prohibited—Exemption Section 11-809. Exemptions Article 9. Reckless Driving, Driving While Intoxicated and Negligent Homicide Section 11-901. Reckless driving Section 11-901a. Full time and Attention to Driving Section 11-901b. Unlawful Use of a Cellular Telephone Section 11-902. Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination thereof Section 11-902a. Allowing Use of Motor Vehicle without Ignition Interlock Device—Disabling or Disconnecting Device Section 11-903. Negligent Homicide Section 11-904. Person Involved in Personal Injury Accident While Under the Influence of Alcohol or Other Intoxicating Substance—Causing Great Bodily Injury Section 11-905. Person Involved in Personal Injury Accident without a Valid Driver License—Causing Great Bodily Injury—Causing Death Section 11-906. Operating or being in Actual Physical Control of Motor Vehicle While under the Influence while under age Article 10. Stopping, Standing and Parking Section 11-1001. Stopping, Standing or Parking Outside of Business or Residence District Section 11-1002. Officers Authorized to Remove Illegally Stopped Vehicle Section 11-1003. Stopping, Standing or Parking Prohibited in Specified Places Section 11-1004. Additional Parking Regulations Section 11-1005. Authorized Emergency Vehicles; Vehicles Used in Construction or Maintenance of Highways—Excepted from Certain Provisions Section 11-1006. Parking of Vehicles on Posted Private Property—Penalty—Liability of Landowner Section 11-1007. Parking Areas for Physically Disabled Persons—Penalties Section 11-1008. Reserved Section 11-1009. Parking on Certain Property Prohibited Article 11. Miscellaneous Rules Section 11-1101. Unattended Motor Vehicle Section 11-1102. Limitations on Backing Section 11-1103. Motorcycles, Motor-Driven Cycles, Motorized Scooters, Motorized Bicycles, or Electric-Assisted Bicycles—Restrictions on Transporting Other Persons and on Operation Section 11-1104. Obstruction to Driver’s View or Control—Overloading School Bus Section 11-1105. Opening and Closing Vehicle Doors Section 11-1106. Driving on mountain highways Section 11-1107. Coasting prohibited Section 11-1108. Following Fire Apparatus and other Emergency Vehicles Prohibited Section 11-1109. Crossing fire hose Section 11-1110. Putting Glass, etc., on Highway Prohibited Section 11-1111. Throwing or Dropping Object on or at Moving Vehicles Section 11-1112. Child Passenger Restraint System Required for Certain Vehicles—Exemptions Section 11-1113. Reserved Section 11-1114. Allowing passenger to ride outside passenger compartment Section 11-1115. Railroad-Highway Grade Crossings—Class A, B or C Commercial Vehicles—When Crossing Prohibited Section 11-1116. Self-propelled or Motor-Driven and Operated Vehicles—Golf Carts—All-Terrain and Utility Vehicles—Operation on Streets and Highways Section 11-1117. All-Terrain Vehicle Passenger Restrictions—Penalties and Enforcement—Liability of Parents or Vehicle Owners—Applicability Section 11-1118. Reserved Section 11-1119. Definitions—Unattended Child or Vulnerable Adult in Motor Vehicle Prohibited— Exception—Penalty Article 12. Operation of Bicycles and Play Vehicles Section 11-1201. Effect of Regulations Section 11-1202. Traffic Laws Apply to Persons Riding Bicycles or Motorized Scooters Section 11-1203. Riding on Bicycle or Motorized Scooter Section 11-1204. Clinging to Vehicles Section 11-1205. Riding on Roadway, One-way Street or Highway Section 11-1206. Carrying Articles Section 11-1207. Reserved Section 11-1208. Overtaking and Passing Bicycle—Violations—Fines and Penalties Article 13. Maintenance, Construction and Safety Zones Section 11-1301. Driving through safety zones prohibited Section 11-1302. Maintenance and construction zones Section 11-1303. Endangerment of a Highway Worker Article 14. Reserved Chapter 12. Equipment of Vehicles Article 1. Scope and Effect of Regulations Section 12-101. Driving or Permitting to be Driven Vehicle with Unsafe or Missing Equipment—Other Forbidden Acts—Exceptions Relating to Requirements for Equipment—Rules—Definitions Section 12-101.1. Sale of Improperly Equipped Vehicle—Improper Equipping or Operation of Improperly Equipped Vehicle Section 12-101.2. Construction of Act—Severability Article 2. Lamps and Other Lighting Equipment Section 12-201. Proper Display of Lamps and Other Signal Devices—Adoption of Federal Specifications and Standards Section 12-202. Visibility Distance and Mounted Height of Lamps Section 12-203. Head Lamps on Motor Vehicles Section 12-203.1. Number of Driving Lamps Required or Permitted Section 12-203.2. Use of Distribution of Light or Composite Beam Lighting Equipment Section 12-203.3. Headlamps with Single Distribution of Light—Farm Tractors and Certain Other Motor Vehicles Section 12-203.4. Lighting Equipment upon Motor Vehicles Operated below certain Speed Section 12-204. Tail Lamps Section 12-204.1. Lamps Illuminating Rear License Plate Section 12-205. Reflectors Section 12-206. Stop Lamps Section 12-207. Turn Signal Lamps Section 12-208. Vehicles of certain Width—Clearance Lamps—Side Marker Lamps—Reflectors Section 12-209. Reserved Section 12-210. Reserved Section 12-211. Visibility of Reflectors, Clearance Lamps and Marker Lamps Section 12-212. Reserved Section 12-213. Lamps, Reflectors, and Flags on Projecting Load Section 12-214. Lamps on Parked or Stopped Motor Vehicles Section 12-215. Lamps on Farm Tractors—Farm Equipment and Implements of Husbandry Section 12-216. Lamps, Lighting Devices, or Reflectors on Animal-drawn and certain Other Vehicles Section 12-217. Auxiliary, Fog, and Off-road Lamps Section 12-218. Emergency Vehicles—Flashing Lights Section 12-218.1. Flashing Lights on Licensed Wreckers Section 12-218.2. Vehicles Operated by Rural Letter Carriers or any Highway Contract Route Vehicles Delivering Mail—Flashing Lights Section 12-219. Reserved Section 12-220. Back-up and Vehicular Hazard Warning Lamps Section 12-221. Reserved Section 12-222. Reserved Section 12-223. Reserved Section 12-224. Reserved Section 12-225. Reserved Section 12-226. Reserved Section 12-227. Special Restriction on Lamps Section 12-228. Special Lighting Equipment and Warning Devices on School Buses and Church Buses Section 12-229. Lights on Vehicles or Machinery Operated by Government on Highways Section 12-230. Reserved Section 12-231. Reserved Section 12-232. Vans Operated for Non-profit Charitable Organization Equipped with Strobe-lighttype Device Article 3. Brakes Section 12-301. Brake Equipment Required Section 12-302. Performance ability of brakes Article 4. Other Equipment Section 12-401. Horns and Warning Devices Section 12-402. Mufflers or Other Noise-Suppressing Systems—Prevention of Excessive or Unusual Noise Section 12-403. Mirrors Section 12-404. Windshields and Windows—Obstruction, Obscuring, or Impairing of Driver’s View— Electric Windshield Wiper Mechanism Section 12-405. Tires and Wheels—Peripheral Equipment—Unsafe Operating Condition Section 12-405.1. Coupling Devices—Stay Chains, Cables or Other Safety Devices Section 12-405.2. Fuel Tanks and Intake Pipes—Projection Beyond Side of Vehicle—Construction and Attachment Section 12-405.3. Aprons Section 12-406. Safety Glazing Material or Safety Glass—Standards—Identification Markings—Sale or Replacement Section 12-407. Certain Vehicles to be Equipped with Flares and Other Emergency Equipment Section 12-408. Display of Warning Devices When Vehicle Disabled Section 12-409. Vehicles Transporting Hazardous Materials Section 12-410. Air-conditioning Equipment Section 12-411. Television-type Receiving Equipment Visible from Operator’s Seat Prohibited Section 12-412. Reserved Section 12-413. Seat Belts or Shoulder Harnesses Section 12-414. Specifications Section 12-415. Penalties Section 12-416. Short Title Section 12-417. Operators and Front Seat Passengers Required to Wear Safety Belts—Exemptions Section 12-418. Reserved Section 12-419. Reserved Section 12-420. Civil Proceedings—Effect of Act Section 12-421. Reserved Section 12-422. Restrictions on Use of Glass Coating Materials or Sun Screening Devices on Windshields and Windows Section 12-423. Emission Control System—Disconnection, Alteration, Modification, or Replacement Section 12-424. Obstruction to Turning of Steering Control—Definitions Section 12-425. Absent, Disconnected, or Broken Parts of Suspension System Section 12-426. Properly Operating Speedometer Section 12-427. Official Slow-moving Vehicle Emblem Section 12-428. Converted School Buses—Color Article 5. Odometer Setting Act Section 12-501. Short Title Section 12-502. Definitions Section 12-503. Prohibited Acts Section 12-504. Service, Repair or Replacement of Odometer Section 12-505. Transfer of Ownership of Motor Vehicle—Information Required Section 12-506. Violation—Penalty Article 6. Motorcycles Section 12-601. Headlamps and Other Illuminating Devices on Certain Motorcycles—Definition Section 12-602. Headlamps Required on Every Motorcycle—Definitions Section 12-603. Tail lamps Section 12-604. Reflectors Section 12-605. Stop Lamps Section 12-606. Electric Flashing Turn Signal Lamps Section 12-608. Brakes on Motorcycles Section 12-609. Motorcycles—Required Equipment Article 7. Bicycles Section 12-701. Provisions in Chapter Applicable to Bicycles Section 12-702. Front Lamp Section 12-703. Rear Lamp Section 12-704. Reflector Section 12-705. Reserved Section 12-706. Reflective Material Section 12-707. Additional Lights and Reflectors Section 12-708. Brakes Section 12-709. Sirens Chapter 13. Inspection of Vehicles Section 13-101. Vehicles without Required Equipment or in Unsafe Condition Section 13-102. Officers may Inspect a Vehicle and its Equipment Section 13-103. Owner and Drivers to Submit Vehicles for Inspection Chapter 14. Reserved Chapter 15. Reserved Chapter 16. Parties and Procedure Upon Arres t Section 16-101. Parties to a Crime Section 16-102. Offenses by Persons Owning or Controlling Vehicles Section 16-103. Public Officers and Employees—Exceptions Section 16-104. Procedure upon Arrest for Felony Section 16-105. Reserved Section 16-106. Reserved Section 16-107. Reserved Section 16-108. Misdemeanor Violations—Procedure Section 16-109. Authority of Officer at Scene of Accident Section 16-110. Reserved Section 16-111. Reserved Section 16-112. Failure to Obey Notice to Appear Section 16-113. Procedure Prescribed Herein not Exclusive Section 16-114. Arrest of Traffic Violators without Warrant Chapter 17. Penalties Section 17-101. Misdemeanor Violations—Penalties Section 17-102. Felonies Chapter 18. Records and Reports of Convictions Section 18-101. Record of traffic cases Chapter 19. Reserved Chapter 20. Reserved Chapter 21. Reserved Chapter 22. Reserved Chapter 23. Reserved Chapter 24. Reserved Chapter 25. Reserved Chapter 26. Reserved Chapter 27. Reserved Chapter 28. Reserved Chapter 29. Reserved Chapter 30. Reserved Chapter 31. Reserved Chapter 32. Reserved Chapter 33. Reserved Chapter 34. Reserved Chapter 35. Reserved Chapter 36. Reserved Chapter 37. Reserved Chapter 38. Reserved Chapter 39. Reserved Chapter 40. Reserved Chapter 41. Reserved Chapter 42. Reserved Chapter 43. Reserved Chapter 44. Reserved Chapter 45. Reserved Chapter 46. Reserved Chapter 47. Reserved Chapter 48. Reserved Chapter 49. Reserved Chapter 50. Reserved Chapter 51. Reserved Chapter 52. Reserved Chapter 53. Reserved Chapter 54. Reserved Chapter 55. Reserved Chapter 56. Reserved Chapter 57. Reserved Chapter 58. Reserved Chapter 59. Reserved Chapter 60 Reserved Chapter 61. Reserved Chapter 62. Reserved Chapter 63. Reserved Chapter 64. Reserved Chapter 65. Reserved Chapter 66. Reserved Chapter 67. Chemical Tests Section 751. Implied Consent to Breath Test, Blood Test or Other Test for Determining Presence or Concentration of Alcohol or Other Intoxicating Substance Section 752. Administration of Tests—Authorization—Liability—Laboratories—Independent analysis—Costs Section 753. Refusal to submit to test Section 754. Seizure of license Section 755. Reserved Section 756. Admission of Evidence Shown by Tests Section 757. Other competent evidence--Admissibility Section 758. Reserved Section 759. Board of Tests for Alcohol and Drug Influence Section 760. Reserved Section 761. Operation of a Motor Vehicle While Impaired—Penalties Chapter 68. Reserved Chapter 69. Reserved Chapter 70. Reserved Chapter 71. Abandonment of Vehicles Section 901. Abandonment Unlawful—Determination Section 902. Authorization to Remove Abandoned Vehicle Section 903. Notice of Impoundment—Civil liability Section 904. Payment of cost of removal and storage Section 905. Lienholder Defined Section 906. Reserved Section 907. Special Liens Section 908. Foreclosure of Lien—Notice Section 909. Time to commence proceedings Section 910. Return of Sale Section 911. Disposition of proceeds of sale Chapter 72. Reserved Chapter 73. Reserved Chapter 74. Choctaw Nation of Oklahoma Vehicle License and Registration Act Section 1101. Short title Section 1102. Definitions Section 1103. Legislative Intent Section 1104. Registration and Certificate of Title Section 1105. Seizure of vehicles not bearing or displaying proper license plate--Sale Section 1106. Offenses and Penalties Enumerated Chapter 75. Reserved Chapter 76. Reserved Chapter 77. Reserved Chapter 78. Reserved Chapter 79. Motor Vehicle Chop Shop, Stolen and Altered Property Act Section 1501. Short title Section 1502. Definitions Section 1503. Ownership and Operation of Chop Shop—Alteration of Vehicle Identification Number—Purchase or Sale of Parts from Altered Vehicle—Exceptions—Attempt—Conspiracy— Solicitation—Aiding and Abetting—Accessory after Fact—Penalties—Sentence—Restitution Section 1504. Seizure without Process of Tool, Implement, or Instrumentality of Offense—Disposition of Seized Property Section 1505. Property Subject to Forfeiture—Determination of Identity of Rightful Owner— Disposition of Forfeited Property Section 1506. Civil proceedings--Remedies--Treble damages--Estoppel--Limitations--Service of process Section 1508. Power of Prosecutor Choctaw Nation Public Health and Safety Code: Uniform Controlled Dangerous Substances Act Article 1. General Provisions Section 2-101. Definitions Section 2-102. Drug paraphernalia—Factors used in determining Section 2-103. Definitions Section 2-104. Narcotics Revolving Fund Article 2. Standards and Schedules Section 2-201. Reserved Section 2-202. Nomenclature in schedules Section 2-203. Schedule I characteristics Section 2-204. Schedule I Section 2-205. Schedule II characteristics Section 2-206. Schedule II Section 2-207. Schedule III characteristics Section 2-208. Schedule III Section 2-209. Schedule IV characteristics Section 2-210. Schedule IV Section 2-211. Schedule V characteristics Section 2-212. Schedule V Article 3. Regulation of Controlled Dangerous Substances Section 2-313. Excepted Preparations—Conditions of Exemption Section 2-314. Labels Precursor Substances Act Section 2-321. Short title Section 2-322. Precursor substances—License or permit Section 2-323. License to sell, transfer or otherwise furnish—Application—Records—Fee Section 2-324. Permit to possess—Application—Regular report in lieu of permit Section 2-325. Reserved Section 2-326. Discovery of loss or theft—Disposal—Reports—Other duties Section 2-327. Application of act—Sale or transfer of certain nonnarcotic products Section 2-328. Violations—Penalties Section 2-329. Drug cleanup fines—Disposition of fines collected Section 2-330. Notification of seizure—Duty of law enforcement agencies Section 2-331. Seizure of devices or precursor chemicals—Notice by peace officer to Bureau of Narcotics and Dangerous Drugs Control Section 2-332. Possession of substances to be used as precursor to manufacture of methamphetamine or another controlled substance—Presumption—Exceptions— Penalty—Registration—Records Section 2-333. Knowingly selling, transferring, distributing, or dispensing products to be used in the production of certain controlled substances—Penalty—Damages Section 2-341. Pharmacy electronic drug tracking service Article 4. Offenses and Penalties Section 2-401. Prohibited Acts A—Penalties Section 2-402. Prohibited Acts B—Penalties Section 2-403. Prohibited Acts C—Penalties Section 2-404. Reserved Section 2-405. Prohibited acts E—Penalties Section 2-406. Reserved Section 2-407. Prohibited acts G—Penalties Section 2-407.1. Certain substances causing intoxication, distortion or disturbances of auditory, visual, muscular or mental processes prohibited—Exemptions—Penalties Section 2-408. Offering, soliciting, attempting, endeavoring or conspiring to commit offense— Penalties Section 2-409. Additional penalties Section 2-410. Conditional release for first offense—Effect of expungement—Persons not covered by section Section 2-411. General penalty clause Section 2-412. Second or subsequent offenses Drug Dealer Liability Act Section 2-421. Short title Section 2-422. Definitions Section 2-423. Liability for civil damages Section 2-424. Persons who may bring action—Persons liable—Damages recoverable Section 2-425. Individual drug users who may bring action—Persons liable for damages—Damages recoverable Section 2-426. Third party payment of damages—Defense under contract of insurance—Indemnification—Prohibition Section 2-427. Drug market target community—Level of offense Section 2-428. Joinder of parties—Judgments Section 2-429. Comparative responsibility—Burden and standard of proof Section 2-430. Right of contribution—Recovery by plaintiff Section 2-431. Proof of participation in illegal drug market—Standard of proof—Prima facie evidence of participation Section 2-432. Attachment of assets—Execution of judgment—Exempt property—Property seized by forfeiture Section 2-433. Limitation of action—Accrual of cause of action—Tolling Section 2-434. Legal representation of the Choctaw Nation—Stay of action Section 2-435. Interfamily tort immunity not altered Article 5. Enforcement and Administration Section 2-501. Powers of enforcement personnel Section 2-502. Inspections Section 2-503. Property subject to forfeiture Section 2-503.1. Transactions involving proceeds derived from illegal drug activity prohibited— Penalties Section 2-503.2. Assessment for violation of acts—Drug Abuse Education and Treatment Section 2-504. Seizure of property Section 2-505. Summary forfeiture of certain substances Section 2-506. Seizure of property—Notice of seizure and intended forfeiture proceeding—Verified answer and claim to property—Hearing—Evidence and proof—Proceeds of sale Section 2-507. Itemization and submission for destruction Section 2-508. Disposition of seized property Section 2-509. Eradication—Penalties—Prohibition of suspended or deferred sentences or probation Section 2-510. Defenses—Descriptions Article 6. Reserved Article 7. Reserved Article 8. Miscellaneous Provisions Section 2-801. Definitions Section 2-802. Additional Unlawful Acts Enumerated Choctaw Nation Juvenile Code: Chapter 1. General Provisions Section 2-1-101. Short title Section 2-1-102. Legislative intent—Construction of chapter—Purpose Section 2-1-103. Definitions Chapter 2. Custody and Court Proceedings Section 2-2-101. Taking of child into custody—Detention—Medical treatment—Behavioral health treatment—Hearing on order for medical treatment Section 2-2-102. Personal jurisdiction Section 2-2-103. Reserved Section 2-2-104. Preliminary inquiry—Petition Section 2-2-104.1 - Diversion Services - Purpose - Procedures - Notice Section 2-2-105. Order removing child from home prohibited absent certain determinations Section 2-2-106. Petition—Subsequent pleadings—Amended petitions Section 2-2-107. Summons—Warrant—Service Section 2-2-108. Examination by health care professionals—Investigation of child’s home and custodian’s earning capacity Section 2-2-301. Conduct of interrogations—Appointment of counsel—Guardians ad litem Section 2-2-401. Trial by court Section 2-2-402. Conduct of adjudicative hearings Section 2-2-403. Child is charged with an offense which would be a felony if committed by an adult—Trial as adult—Certification Order—Bail Section 2-2-404. Deferral of delinquency proceedings Section 2-2-501. Dispositional hearings Section 2-2-502. Individual treatment and service plans Section 2-2-503. Disposition orders—Revocation, modification and redisposition Section 2-2-504. Periodic review of disposition orders Section 2-2-505. Authority to Establish Juvenile Drug Court Section 2-2-506. Juvenile Drug Court Investigations-Eligibility for Juvenile Drug Court Program Section 2-2-507. Hearing to Determine Final Eligibility Section 2-2-508. Progress Reports and Periodic Review-Access to Information-Modifications to Treatment Plan, Plea Agreement, and Responsibilities for Health and Welfare of Juvenile Section 2-2-509. Costs and Fees Section 2-2-601. Appeals Section 2-2-701. Authority to order parents, legal guardians, or child’s custodian to be present at proceedings, participate in rehabilitation, and perform other actions—Contempt Section 2-2-702. Reserved Section 2-2-703. Expenses for care and maintenance of child Section 2-2-801. Procedures and requirements for placement of adjudicated children Section 2-2-802. Termination of parental rights Section 2-2-803. Review and assessment of children committed to the Choctaw Nation Department of Children and Family Services Section 2-2-804. Child in need of behavioral health treatment Section 2-2-805. Commitment of child to custody of Choctaw Nation Department of Children and Family Services—Delivery to designated institution Chapter 3. Detention Section 2-3-101. Conditions of detention of child—Detention or confinement in adult facility Section 2-3-102. Persons under 18 years of age who have fled from another jurisdiction considered adults for purposes of detention only in certain cases Section 2-3-103. Temporary detention of children—Detention facilities, services, and centers—Transportation Section 2-3-104. Reserved Section 2-3-105. Educational Needs and Opportunities Chapter 4. Reserved Chapter 5. Reserved Chapter 6. Records Section 2-6-101. Court to keep records—Definitions Section 2-6-102. Confidential juvenile record Section 2-6-103. Confidentiality of social records Section 2-6-104. Inspection and disclosure of confidential records without court order Section 2-6-105. Inspection and disclosure of juvenile court records without court order Section 2-6-106. Inspection and disclosure of the Choctaw Nation Department of Children and Family Services records without court order Section 2-6-107. Fingerprinting of persons under 18 Section 2-6-108. Effect of adjudication—Sealing of records—Order unsealing sealed records—Destruction of records Section 2-6-109. Expungement of open juvenile court record Section 2-6-110. Procedures for providing certain records to tribal police—Confidentiality Chapter 7-Juvenile Justice Section 2-7-303. Community-based programs Section 2-7-304. Reserved Section 2-7-305. Agreements to establish or maintain community-based youth service programs, shelters and community intervention centers Section 2-7-306. Reserved. Section 2-7-307. Reserved. Section 2-7-308. Management information system—Integration with other management information systems—Access to confidential records and reports Section 2-7-309. Reserved Section 2-7-310. Defining services and programs Section 2-7-311. Annual review of programs and services—Reports Section 2-7-501. Intake and probation services—Services related to juvenile offenders Section 2-7-502. Child adjudicated in need of supervision—Placement—Rehabilitative facilities—Mental health treatment Section 2-7-503. Delinquent children—Intent of Tribal Council—Powers and duties of the Choctaw Nation Children and Family Services Section 2-7-504. Discharge of children adjudicated delinquent—Retention of custody and jurisdiction Section 2-7-601. Juveniles placed in Department-operated institutions and facilities—Powers and duties of Department Section 2-7-602. Methods of administration—Superintendent as guardian Section 2-7-603. Rules, policies and procedures required in facilities Section 2-7-604. Physical force, when authorized—Mechanical restraints—Chemical agents Section 2-7-605. Escape or run away from institutional placement Section 2-7-606. Reserved. Section 2-7-607. Reserved. Section 2-7-608. Reserved Section 2-7-609. Facilities and residential programs—Legislative intent Section 2-7-610. Reserved Section 2-7-611. Secure facilities—Violations Section 2-7-612. Reserved. Section 2-7-613. Foster Care Program for Children in Custody of the Department Section 2-7-614. Foster Care Placements for Children in Custody of the Department Section 2-7-615. Contracts with Foster Care Placement Providers Section 2-7-801. Juvenile Offender Victim Restitution Work Program Section 2-7-802. Juvenile Justice Public Works Program Juvenile Offender Tracking Program Section 2-7-901. Purpose—Short title Section 2-7-902. Definitions Section 2-7-903. Juvenile Offender Tracking Program—Components Section 2-7-904. Implementation of Program—Duties of agencies Section 2-7-905. Juvenile Justice Information System—Functions—Duties of agencies-Plan for implementation Chapter 8. Juvenile Sex Offender Registration Act Section 2-8-101. Short title Section 2-8-102. Juvenile sex offender defined Section 2-8-103. Juvenile sex offender registry—Information included Section 2-8-104. Application register—Criteria for qualifying—Court order Section 2-8-105. Juvenile sex offenders ordered to probation—Notification of duty to register Section 2-8-106. Annual registration—Notification of change of name and address Section 2-8-107. Failure to register or provide notification of change of name or address Section 2-8-108. Transfer of registration to adult sex offender registry—Petition Section 2-8-109. Juveniles not subject to act Section 2-8-110. Disclosure of information—Immunity from liability Section 2-8-111. Use of information to commit crime or cause physical harm or damage to property—Penalties Section 2-8-112. Rules, procedures, and forms Crimes Involving Juveniles Section 2-8-221 - Transmission of Child Pornography Section 2-8-222 - Intoxicating beverages—Possession by persons under age 21 unlawful Section 2-8-223 - Penalties Section 2-8-224 - Tobacco Purchase by Person Under 18 Years of Age Prohibited Chapter 9. Reserved Chapter 10. Reserved Chapter 11. Choctaw Nation Minor Identification Act Section 11-101. Short title Section 11-102. Definitions Section 11-103. Issuance of Fingerprint Identification Card Section 11-104. Intent of the Tribal Council Section 11-105. School fingerprinting programs Choctaw Nation Juror Code : Section 1. Jury pool Section 2. Random Selection Section 3. Drawing jury panels Section 4. Certifying and Juror Names Section 5. Delivery of envelopes Section 6. Sealing and retaining juror name cards Section 7. Summoning Jurors Section 8. Jury Panel – oath or affirmation Section 9. On-call systems jurors Section 10. Selecting trial jurors from panel Section 11. Qualifications and exemptions of jurors Section 12. Substantial compliance Section 13. Number of jurors Section 14. Challenges to jurors Section 15. Role of the court and jury Section 16. Jury Selection Section 17. Oath to the jury Section 18. Discharge of employee for jury service Section 19. Asking jurors their address or telephone number in presence of defendant prohibited Section 20. Adverse action against student for jury service prohibited Section 21. Fees and mileage for jurors Section 22. Conduct of jury during trial Choctaw Nation Children's Code: CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS Section 1-1-101. Short Title – Contents of the Code – Effect of Captions Section 1-1-102. Legislative Intent and Purpose Section 1-1-103. Jurisdiction – Transfers to and from other Courts Section 1-1-104. Enforcement Authority Section -1-105. Definitions CHAPTER II. REPORTING AND INVESTIGATION Section 1-2-101. Duty to Report Abuse or Neglect of Child Under Eighteen - Failure to Report -False Report Section 1-2-102. Preliminary Safety Analysis, Assessment and Investigation - Report and Findings – Referrals Section 1-2-103. Judicial Request for Investigation of Criminally Injurious Conduct Section 1-2-104. Immunity from Civil or Criminal Liability Section 1.2.105. Prompt Investigation of Child Abuse or Neglect - Health Records - Written Report - Temporary Restraining Order Section 1.2.106. Notice of Complaint or Allegation to be Provided to Person Being Investigated Section 1-2-107. Information Provided to Person or Agency Providing Professional Service Section 1-2-108. Central Registry for Child Abuse, Sexual Abuse and Neglect – Maintenance of Registry – Contents – Confidentiality . Section 1-2-109. Relinquishment of child to medical Services Provider or Child Rescuer Section 1-2-110. Reserved CHAPTER III. MEDICAL AND BEHAVIORAL HEALTH TREATMENT Section 1-3-101. Authorization to Consent to Medical or Dental Care Section 1-3-102. Authorization to Consent to Emergency Medical Care Section 1-3-103. Civil and Criminal Immunity for Persons Acting Pursuant to Act, Court Order, or Consent CHAPTER IV. COURT PROCEEDINGS PART 1. JURISDICTION. Section 1-4-101. Jurisdiction - Temporary Order - InterlocutoryRelief - Conflicting Orders -Venue - Transfer of Proceedings Section 1-4-102. Custody or Visitation Proceeding - Evidence of Child Abuse or Neglect - Referral for Investigation - Prosecutor to Decide Whether to File Deprived Petition - Attorney or Guardian Ad Litem for Child PART 2. PROTECTIVE AND EMERGENCY CUSTODY Section 1-4-201. Child Taken into Custody Prior to Filing of Petition - Pre-Petition Emergency Custody Orders Section 1-4-202. Notice of Custody Hearing Section 1-4-203. Emergency Custody Hearing Section 1-4-204. Award of Custody or Determination of Placement - Preference for Relatives and Persons with Kinship Relationship Section 1-4-205. Records of Child Released from Protective Custody Prior to Hearing - Petition for Deprived Child Proceeding - Hearings Order for Removal of Child from Home Section 1-4-206. Restraining Order - Service - Hearing - Notice of Order - Termination and Renewal - Penalties for Violation Section 1-4-207. Immediate Assumption of Custody and Ordering of Necessary Actions PART 3. PETITION, SUMMONS, APPOINTMENT OF COUNSEL AND OTHERS Section 1-4-301. Verified Petition – Contents - Delivery with Summons – Signature Section 1-4-302. Pleadings and Motions Subsequent to Petition - Amendment of Petition - Post-Adjudication Petition Section 1-4-303. Scheduling of Hearing - Issuance and Contents of Summons – Service – Waiver of Service Section 1-4-304. Service of Summons – Time of Adjudication Hearing – Distinct and Meaningful Search for Parents and Guardians Section 1-4-305. Failure to Appear - Consent to Adjudication of Child to be Deprived – 3 Contempt – Warrants Section 1-4-306. Appointment of Counsel, Guardian Ad Litem - Court Appointed Special Advocates – Access to Filed and Record PART 4. DISCOVERY AND PRE-TRIAL PROCEEDING Section 1-4-401. Applicability of Discovery Code and District Court Rules - Court Ordered Exchange of Information – Confidentiality - Scheduling and Other Orders PART 5. CONDUCT OF HEARINGS Section 1-4-501. Prosecutor to Prepare and Prosecute Case and Act as Petition in all Case Section 1-4-502. Non-jury Trial Section 1-4-503. Conduct of Hearings Section 1-4-504. Alternative Dispute Resolution Section 1-4-505. Applicability of Section - Admissibility of Child Statement Recorded before Proceedings Begin Section 1-4-506. Testimony of Child Taken in Room Other Than Courtroom - Court Order Section 1-4-507. Admissibility of Evidence Section 1-4-508. Use Immunity PART 6. ADJUDICATION HEARING Section 1-4-601. Time for Adjudication Hearing - Effect of Delay - Stipulations - Testimony - Non-jury Trial Section 1-4-602. Factual Allegations of Petition not Supported by a Preponderance of the Evidence Section 1-4-603. Factual Allegations of Petition Supported by a Preponderance of the Evidence PART 7. DISPOSITIONAL HEARINGS Section 1-4-701. Costs and Expenses for Care and Maintenance of Child - Orders for Enforcement – Penalties for Willful Failure to Pay Section 1-4-702. Paternity and Support of Alleged or Adjudicated Deprived Child - 4 Support Orders and Payments – Rules Section 1-4-703. Examination of Child by Physician - Behavioral Health Evaluation - Investigation of Child’s Home Conditions and Environment Section 1-4-704. Written Individualized Service Plan – Preparation - Disputes and Hearing – Contents – Modifications Section 1-4-705. Placement of Child Custody with Individual, Agency, or Institution - Religious Faith of Parents or Child - Disqualifying Crimes and Offenses Section 1-4-706. Time of Dispositional Hearing – Evidence - Modification of other Orders - Scheduling of Periodic Review and Permanency Hearings Section 1-4-707. Dispositional Orders—Required Information Section 1-4-708. Deprived Adjudication for Repeated Absence from School Section 1-4-709. Required Conditions for Establishing Permanent Guardianship – Rights and Responsibilities of Permanent Guardian. Section 1-4-710. Motion for Permanent Guardianship - Notice of Hearing—Home Assessment—Required Findings – Visitation – Order Section 1-4-711. Modification or Termination of Permanent Guardianship Section 1-4-712. Judicial Determinations Regarding Contrary to the Welfare, Reasonable Efforts to Prevent Removal, and Reasonable Efforts to Finalize Permanency Plan PART 8. POST-DISPOSITIONAL PLACEMENT AND MISCELLANEOUS HEARING Section 1-4-801. Review of Order Releasing Child from Custody Section 1-4-802. Hearing to Determine Child's Placement or Release from Custody – Testimony Section 1-4-803. Court Ordered Placement with Child and Family Services Section 1-4-804. Notice when Child in Custody of Department Moved to Another Location - Time of Notice – Hearing Section 1-4-805. Child in Custody of Department or Child-Placing Agency for more than Three Months – Removal - Change of Foster Placement Section 1-4-806. Trial Home Reunification - Duties of Department of Children and Family Services – Termination Section 1-4-807. Periodic Review Hearings—Review of Case Regarding Child Alleged or Adjudicated to be Deprived - Notice to Foster Parent, Pre-Adoptive Parent, or Relative – Findings Section 1-4-808. Written Report for Review Hearing - Scope of Report - Child’s Access to Counse Section 1-4-809. Permanency Hearing Upon Finding that Reasonable Efforts to Prevent Removal of Child from Home or Reunify Child with Family not Required Section 1-4-810. Child in Out-of-Home Care for Twelve Months or Longer - Meeting - Report Prior to Permanency Hearing - Proposed Permanency Plan Section 1-4-811. Permanency Hearing Section 1-4-812. Eligibility of Foster Parent to Adopt—Factors to be Considered by Court Section 1-4-813. Agreements and Court Orders Permitting Post-Adoption Contact between Birth Relatives and the Child—Steps to Facilitate Ongoing Sibling Contact or Visitation Section 1-4-814. Modification of Decrees or Orders PART 9. TERMINATION OF PARENTAL RIGHTS Section 1-4-901. Petition or Motion by prosecutor or Child’s Attorney—Duty of Prosecutor Section 1-4-902. Conditions Requiring Prosecutor to File Petition or Motion for Termination of Parent-Child Relationship Section 1-4-903. Adoption as a Permanency Plan—Good Cause not to Terminate Parental Rights Section 1-4-904. Termination of Parental Rights in Case Involving Petition for Deprived Status of Child Section 1-4-905. Notice of Hearing to Terminate Parental Rights Section 1-4-906. Effect of Termination of Parental Rights Section 1-4-907. Placement with Individual or Agency—Authority to Consent to Adoption—Effect of Final Decree of Adoption Section 1-4-908. Permanency Hearing—Continued Jurisdiction over the Child Section 1-4-909. Request by Child for Reinstatement of Terminated Parental Right CHAPTER V. APPEAL Section 1-5-101. Appeals Section 1-5-102. References to Child in Appellate Opinions Section 1-5-103. Time for Filing Petition - Completion of Record - Briefing Schedule -Expedited Adjudication of Appeal CHAPTER VI. CHILDREN’S RECORDS Section 1-6-101. Duty to Keep Records of Cases Brought before the Court – Definitions Section 1-6-102 Confidential Records - Authorization for Inspection, Disclosure, Correction, or Expungement of Records – Fees Section 1-6-103. Inspection of Juvenile Court Records and Department of Children and Family Services Agency Records without Court Order Section 1-6-104. Access to Juvenile Court Record including more than one Child Section 1-6-105. Cases Involving Death or Near Death of a Child—Release of Certain Information to the Public Section 1-6-106. Social Records not to be Filed in Court Record unless Ordered by the Court – Confidentiality Section 1-6-107. Confidentiality of Reports and Records - Penaltiesfor Violations of Confidentiality Section 1-6-108. Maintenance of Court and Agency Records Regarding Deprived Children Section 1-6-109. Foster Care Maintenance System CHAPTER VII. PERSONS OR AGENCIES RECEIVING CUSTODY - RIGHTS AND DUTIES Section 1-7-101. Persons, Institutions, or Agencies Receiving Custody - Rights and Duties Section 1-7-102. Department of Children and Family Services to Care for Deprived Children Section 1-7-103. Additional Duties and Powers of Department Section 1-7-104. Information to Accompany Child in Out-of-Home Care - Passport Program Section 1-7-105. Rules, Regulations, Policies, and Procedures Regarding Children in Department Custody Section 1-7-106. Foster Care Placement - Kinship Relationship - Treatment Needs of Child - Case Plan Goals Section 1-7-107. Placement of Siblings in the Same Home—Contact or Visitation for Separated Siblings Section 1-7-108. Liability for Costs and Expenses in Excess of Funding for Foster Care Services Section 1-7-109. Foster Placement—License or Authorization Section 1-7-110. Placement of Deprived Child in Foster Care - Best Interests of Child - Child’s Preference Section 1-7-111. Prerequisites for Placement of Child in Foster Home and for Court Awards of Custody to Individual or Child-Placing Agency other than Department Section 1-7-112. Voluntary Foster Care Placement – Procedures Section 1-7-113. Required Visitations by Department of Children and Family Services or Placement Agency Section 1-7-114. Costs of Foster Parent Eligibility Assessment and National Criminal History Records Search Section 1-7-115. Removal from Home Due to Allegations of Abuse or Neglect - Emergency Placement CHAPTER VIII. MISCELLANEOUS PROVISIONS Section 1-8-101. Education and Training Requirements - Judicial Personnel, Prosecution Officials, Public Defenders, and Attorneys Section 1-8-102. Court-Appointed Special Advocate – Training - Criminal History Records Search—Immunity from Civil Liability Section 1-8-103. Referees Section 1-8-104. Mileage of Witnesses - Reimbursement for Expert Witnesses Section 1-8-105. Willful Violation of Court Order—Penalties Section 1-8-106. Report of Missing Child or Issuance of Fingerprint Card Section 1-8-107. Transportation of Child Subject to Deprived Proceeding Section 1-8-108. Court Appointed Guardian Ad Litem of the Estate of a Child Section 1-8-109. Process for Conducting Background Checks, Fingerprinting, and Personal Care Applications - Limits on Number of Children a Person May Care For Section 1-8-110. Compliance with Title IV-E of the Social Security Act, 42 U.S.C. 670 et seq Section 1-8-111 Timely Interstate Placement of Children Section 1-8-112 Sex Trafficking Victims and Missing Children CHAPTER IX. PROGRAMS, CONTRACTS, AND ADMINISTRATIVE PROVISIONS Section 1-9-101. Abuse and Neglect Reduction Services - Identification – Development Section 1-9-102. Reserved Section 1-9-103. Reserved Section 1-9-104. Reserved Section 1-9-105. Planning New Programs, Services and Major Modifications - Evaluation - Monitoring – Review Section 1-9-106. Kinship Foster Care Section 1-9-107. Independent Living Act – Purpose – Eligibility Section 1-9-108. Reserved Section 1-9-109. Reserved Section 1-9-110. Community Based Services and Care - Proceduresfor Letting of Grants or Contracts – Proposals Section 1-9-111. Reserved Section 1-9-112. Grievance Procedures Section 1-9-113. Shelter and Care for minor Mother who is Victim of Domestic 9 Abuse Emergency Situations - Show Cause Hearing Section 1-9-114. Duty to Recruit Foster Parents from Relatives and Kin of Child - Ethnic and Racial Diversity among Adoptive and Foster Families Section 1-9-115. Promotion of Development of Foster Parent Association Section 1-9-116. Foster Care Education Program and Training Section 1-9-117. Report Concerning Employee of Department or Child-placing Agency Section 1-9-118. Written Agreement with Foster Care Placement Provider - Information Provided to Foster Parents - Supervision of Places Children Section 1-9-119. Statement of Foster Parent’s Rights Section 1-9-120. Grievance Procedures—Minimum Requirements - Maintenance of Records - Right to Present Grievances Section 1-9-121. Declarations and Findings of Tribal Council Section 1-9-122. Supported Guardianshi CHAPTER X. UNIFORM PARENTAGE ACT Article 1. General Provision Section 1-10-101. Citation Section 1-10-102. Definitions Section 1-10-103. Scope of Act - Choice of law - Jurisdiction of the District Court Article 2. Parent - Child Relationship Section 1-10-201. Establishment of Parent - Child Relationship Section 1-10-202. Equal Rights of Marital and Nonmarital Children Section 1-10-203. Application of Established Parent - Child Relationship Section 1-10-204. Presumption of Paternity Article 3. Acknowledgement of Paternity Section 1-10-301. Voluntary Acknowledgment of Paternity Section 1-10-302. Requirements of Acknowledgment—Void and Voidable Acknowledgment Section 1-10-303. Denial of Paternity – Validity Section 1-10-304. Execution of Acknowledgment and Denial - Effective date - Execution by Minors Section 1-10-305. Effect of Acknowledgment or Denial Section 1-10-306. Reserved Section 1-10-307. Rescission of Acknowledgment or Denial Section 1-10-308. Proceeding to Challenge Acknowledgment or Denial - Commencement - Burden of Proof Section 1-10-309. Proceeding to Challenge Acknowledgment or Denial – Procedure Section 1-10-310. Ratification of Unchallenged Acknowledgment Prohibited Section 1-10-311. Full Faith and Credit Article 4. Reserved Article 5 Genetic Testing Section 1-10-501. Scope of Article Section 1-10-502. Order for Genetic Testing - Order for In Utero Testing not Allowed Section 1-10-503. Requirements of Testing - Objection to Calculation – Retesting Section 1-10-504. Report of Testing—Chain of Custody Section 1-10-505. Identification of father - Rebuttal Section 1-10-506. Cost of Genetic Testing - Reimbursement of Costs Advanced by Department Section 1-10-507. Additional Testing of Man Previously Identified by Genetic Testing as Father Section 1-10-508. Others Who May be When Testing Specimen is Unavailable from Man Who May be Father Section 1-10-509. Testing of a Deceased Individual Section 1-10-510. Identical Brothers - Testing—Non-Genetic Evidence to Determine Father Section 1-10-511. Release of Report of Genetic Testing Article 6. Proceedings to Adjudicate Parentage Part 1. Nature of Proceeding Section 1-10-601. Civil Proceeding to Adjudicate Parentage Section 1-10-602. Who May Maintain Proceeding to Adjudicate Parentage Section 1-10-603. Who may be Joined Section 1-10-604. Personal Jurisdiction Section 1-10-605. Venue Section 1-10-606. Commencement of Proceeding - Child Attaining Adulthood - Earlier Proceeding Section 1-10-607. Limitation of Actions Section 1-10-608. Circumstances Requiring and Effect of Denial of Motion for Genetic Testing - Factors - Incapacitated or Minor Child Section 1-10-609. Time Limitation for Commencing Proceeding - Signatory to Acknowledgement of Paternity – Others Section 1-10-610. Joinder of Proceedings Section 1-10-611. Commencement of Proceedings before Birth of Child - Actions that may be taken before Child’s Birth Section 1-10-612. Child not Necessary Party - Guardian Ad Litem Part 2. Special Rules for Proceeding to Adjudicate Parentage Section 1-10-621. Admissibility of Records - Genetic Testing Experts - Admissibility of Results of Genetic Testing and Copies of Bills Section 1-10-622. Contempt of Testing Order - Refusal to Submit to Testing - Failure to Answer or Appear - Testing of Mother Section 1-10-623. Admission of Paternity Section 1-10-624. Temporary Order for Support - Custody and Visitation Part 3. Hearings and Adjudications Section 1-10-631. Rules to Adjudicate Paternity of a Child Section 1-10-632. Court Shall Adjudicate Paternity Section 1-10-633. Close of Proceedings - Availability of Final Order and Other Papers and Records Section 1-10-634. Order Adjudicating Paternity - When Issued Section 1-10-635. Dismissal for Want of Prosecution must be Without Prejudice Section 1-10-636. Orders - Assessment of Fees and Costs - Child’s Surname - Amended Birth Certificate Section 1-10-637. Upon Whom Determination of Parentage is Binding – Other Proceedings - Defensive Use – Appeal. Article 7. Reserved Article 8. Reserved Article 9. Miscellaneous Provisions Section 1-10-901. Application and Construction of Act - Uniformity of Law Section 1-10-902. Effect of Act on Proceedings Commenced or Executed Before Effective Date of Act Section 1-10-903. Custody of Child Born Out of Wedlock CHAPTER XI. KINSHIP GUARDIANSHIP ASSITANCE PROGRAM Section 1-11-101. Eligibility Section 1-11-102. Payments Section 1-11-103. Agreements Section 1-11-104. Safety Section 1-11-105. Case Plan Requirements Choctaw Nation Adoption Code: Article 1. Policy and General Definitions Section 1-1.1. Short Title--Composition of Code Section 1-1.2 Section 1-1.3. Definitions Article 2. Jurisdiction, Venue and Choice of Law Section 2-1.1. Jurisdiction Section 2-1.2. Venue Section 2-1.3 Jurisdiction Section 2-1.4 Adoptions Issued by Foreign Countries, States, or Other Tribes Article 3. Adoption of Minors Section 3-1.1 Eligibility to Adopt Section 3-1.2. Written Adoption Full-Disclosure Statement – Signatures Section 3-2.1. Who May Consent Section 3-2.2. When Consent May be Given Section 3-2.3. Permanent Relinquishments Section 3-2.4. Contents of Consent to Adoption Section 3-2.5. Acknowledgment of Consent to Adoption or Permanent Relinquishment before Judge - Affidavit of Nondisclosure Section 3-2.6. Extrajudicial Consent Section 3-2.7. Setting Aside Permanent Relinquishment or Consent to Adoption Section 3-3.1. Notice of Plan for Adoption Section 3-3.2. Notice of Filing of Paternity Action by Putative Father Section 3-4.1. Temporary Orders of Custody Article 4. Medical and Social Histories Section 4-1.1. Medical and Social History Report Section 4-1.2. Disclosure Article 5. Adoption Proceedings Section 5-1.1. Confidential Character of Hearings and Records – Release – Exceptions – Misdemeanor Section 5-1.2. Appointment of Attorney and Guardian Ad Litem Section 5-1.3. Court Clerk or Deputy May Affix Signature of Judge to Order and Notice of Hearing Section 5-1.4. Priority on docket--Proceedings to be Expedited Section 5-1.5. Visitation Agreements Between Child, Adoptive Parents and Birth Relative Section 5-2.1. Pre-Adoption Termination of Parental Rights Section 5-3.1. Contents Section 5-3.2. Costs, Funds, or Monies Expended by Adoptive Family – Disclosure Section 5-4.1. Application – Notice – Hearing – Order – Appeal Section 5-4.2. Exceptions to Requirement of Parental Consent Section 5-4.3. Inquiry to Identify Unknown or Putative Father Section 5-5.1. Favorable Pre-Placement Home Study Required – Waiver – Exception - Placement Not Approved in Certain Circumstances Section 5-5.2. Subsequent Home Study – Waiver Section 5-5.3. Contents of Home Study Section 5-5.4. Persons or Agencies Authorized to Conduct Home Studies Section 5-6.1. Interlocutory Decree Section 5-6.2. Filings Required Prior to Final Hearing Section 5-6.3. Application for Final Decree - Waiver of Interlocutory Decree and Waiting Period--Notice of Hearing – Appearance - Entry of Final Decree Section 5-6.4. Denial of Petition for Adoption Section 5-6.5. Effect of Final Decree--Grandparental Rights Section 5-6.6. Certificate of adoption--Supplementary birth certificate--Sealed records - Disclosure of original records Section 5-7.1. Appeals Section 5-7.2. Limitations on Challenge to Adoption or Termination of Parental Rights - Effect of Appeal - Best Interests of Child Section 5-8.1. Adoption Dissolution Statistics to be Published Article 6. Paternity Registry Section 6-1.1. Paternity Registry Section 6-1.2. Revocation of Notice of Intent to Claim Paternity - Removal of Registrant’s Name from Registry Article 7. Adult Adoptions Section 7-1.1. Adult Adoptions Article 8. Records Retention Section 8-1.1. Records retention Article 9. General Provisions Section 9-1.1. Conditions for Discharges of Infants from Medical Facilities Section 9-1.2. Confidential Index of Birth and Adoptive Names Article 10. Adoption Exchange Section 10-1.1. Department of Children and Family Services to Contract or Join with Adoption Exchange - Information to be Provided – Definitions Section 10-1.2. Photograph and Description of Child to be Provided to Exchange Section 10-1.3. Exemptions Section 10-1.4. Change in Status of Child Listed by Exchange Section 10-2.5. Withdrawal of Child from Register Article 11. Interstate Compact for the Placement of Children Section 11-1.1 Interstate Compact for the Placement of Children Article I. Purpose Article II. Definitions Article III. Applicability Article IV. Jurisdiction Article V. Placement Evaluation Article VI. Placement Authority Article VII. Placing Agency Responsibility Article VIII. Interstate Commission for the Placement of Children Article IX. Powers and Duties of the Interstate Commission Article X. Organization and Operation and Operation of the Interstate Commission Article XI. Rulemaking Functions of the Interstate Commission Article XII. Oversight, Dispute Resolution, Enforcement Article XIII. Financing of the Commission Article XIV. Member States, Effective Date and Amendment Article XV. Withdrawal and Dissolution Article XVI. Severability and Construction Article XVII. Binding Effect of Compact and Other Laws Article XVIII. Indian Tribes Article 11.2 Adoptions Beyond Territorial Boundaries Article 12. Adoption Assistance Agreements Section 12-1.1 Adoption Assistance Agreements Section 12-1.2 Child with Special Needs Section 12-1.3 Adoption Assistance Payments – Eligibility Section 12-1.4 Adoption Assistance Payments – Amount Section 12-1.5 Adoption Assistance Payments – Termination Section 12-2.1 Insurance Required Section 12-2-2 Previously Adopted Children Section 12-2.3. Kinship Guardianship Assistance Code of Civil Procedure: Chapter 1. Preliminary Provisions. Section 1. Title of Chapter. Section 2. Force of Common Law and Effect of Tribal Custom. Section 3. Legislative Purpose . Section 4. Reserved. Section 5. Reserved. Section 6. Reserved. Section 7. Reserved. Section 8. Reserved. Section 9. Reserved. Section 10. Reserved. Section 11. Reserved. Section 12. Reserved. Section 13. Reserved. Section 14. Reserved. Section 15. Reserved. Section 16. Reserved. Section 17. Reserved. Section 18. Reserved. Chapter 1B. Professional Negligence. Section 19. Affidavit of Consultation with Qualified Expert--Extension--Exemption Section 20. Reserved. Chapter 2. General Provisions CLERK; RECORDS. Section 21. Reserved. Section 22. Books to be Kept by the District Court Clerk. Section 23. Appearance Docket. Section 24. Journal Record--Instruments to be Entered. Section 24.1 Disposal of Records. Section 25. Reserved. Section 25.1. Reserved. Section 26. Reserved. Section 27. Clerk May Collect Judgment and Costs. Section 28. Clerks to Issue Writs and Orders—Preparation. Section 29. Clerks to File and Preserve Papers—Refusal to File Sham Legal Process. Section 30. Each Case to be Kept Separate--Correction of Case Number or other Identifying Data. Section 31. Endorsements. Section 31.1. Removal of Records or Files from the Office of the Court Clerk. Section 32. Entry on Return of Summons. Section 32.1. Material for Record. Section 32.2. Reserved. Section 32.3. Reserved. Section 33. Clerk to Keep Court Records, Books and Papers--Statistical and Other Information for the Court of Appeals and the Tribal Council. Section 34. Applicable to What Courts. Section 35. Powers and Duties of Clerks--Statistical and Other Information for the Court of Appeals and the Tribal Council. Section 35.1. Reserved. Section 36. Reserved. Section 37. Reserved. Section 38. Seal of the Clerk of the District Court Section 39. Reserved. Section 40. Reserved. Section 41. Reserved. Section 42. Reserved. Section 43. Reserved. Section 44. Reserved. Section 45. Reserved. Section 46. Reserved. Section 47. Reserved. Section 48. Reserved. Section 49. Reserved. Section 50. Reserved. PROCESS, SUMMONS, SUBPOENAS AND SERVICE. Section 51. Style of Process Section 52. Appointment of a Substitute for Service of Process. Section 53. Tribal Police or Process Server to Endorse the Time of Receipt on Process. Section 54. Tribal Police or Process Server must Execute and Return Process—Penalties for Failure to Execute or Return Process. Section 55. Reserved. Section 56. Reserved. Section 57. Reserved. Section 58. Reserved. Section 59. Reserved. Section 60. Reserved. BONDS -- SURETIES Section 61. Justification of Surety Section 62. Qualifications of Surety Section 63. Real Estate Mortgage as Bond Section 64. Valuation of Real Estate Section 65. Reserved. Section 66. Tribe as a Party--Bond Not Required--Automatic Stay--Payment of Costs Section 67. Reserved. Section 68. Appearance Bond--Application of Penalty--Right to Enforce Section 69. Reserved. Section 70. Reserved. MISCELLANEOUS PROVISIONS Section 71. Deputy May Perform Official Duties Section 72. Affirmation Section 73. Reserved. Section 74. Court of Appeals Rules Section 75. Publications in ―Patent Insides‖ Section 76. Action on Official Bond Section 77. May be Several Actions on Same Security Section 78. Immaterial Errors to be Disregarded Section 79. Reserved. Section 80. Reserved. Section 81. Payments into Court for Minor or Incompetent Person--Disposition Section 82. Reserved. Section 83. Conserving Monies Obtained for or on Behalf of Persons under Eighteen Years of Age in Court Proceedings. Section 84. Reserved. Section 85. Reserved. Section 86. Reserved. Section 87. Reserved. Section 88. Reserved. Section 89. Reserved. Section 90. Reserved. Chapter 2A.--Appendix. Rules for the District Court. Rule 1. Effect of Code on Pending Actions. Rule 2. Service and Proof of Service Rule 3. Objections to Service and Venue. Rule 4. Motions. Rule 4.1. Time to Assert Various Claims. Rule 5. Pretrial Proceedings. Rule 7. Motions to Confirm Sales. Rule 8. Dissolution of Marriage, Separate Maintenance and Annulment Cases; Waivers. Rule 8.1. Payment of Certain Fees and Costs through the Office of the Court Clerk. Rule 8.2. Reserved. Rule 8.3. Indirect Contempt for Failure to Pay Child Support--Purge Fee. Rule 9. Diligence in Prosecution. Rule 10. Notice of taking Default Judgment. Rule 11. Judges; Uniformity of Rulings. Rule 12. Reserved. Rule 13. Summary Judgment or Summary Disposition of Issues Rule 14. Reserved. Rule 15. Disqualification of Judges in Civil and Criminal Cases. Rule 16. Default Judgment against defendant Served Solely by Publication. Rule 17. Motion for New Trial. Rule 18. Parole Revocation—Juveniles. Page 5 of 359 CB-91-11 Rule 19. Vacation of Final Judgments. Rule 20. Direct Contempt. Rule 21. Reserved. Rule 22. Garnishee Summons. Rule 23. Orders of Attachment. Rule 24. Reserved. Rule 25. Reserved. Rule 27. Matters Taken Under Advisement. Rule 28. Reserved. Rule 29. Indigent defendant in Civil Contempt Action--Right to Counsel--Attorney Fees. Rule 30. Reserved. Chapter 3. Limitation of Actions. Section 91. Actions Barred not Revived. Section 92. Limitations Applicable. Section 93. Limitations of Real Actions Section 94. Persons under Disability--Time to Sue to Recover Realty. Section 95. Limitation of Other Actions. Section 96. Persons under Disability in Actions other than to Recover Realty--Exceptions-- Personal Injury to Minor Arising from Medical Malpractice. Section 97. Reserved. Section 98. Absence or flight of defendant--Effect of other laws. Section 99. Reserved. Section 100. Limitation of New Action after Reversal or Failure Otherwise than on the Merits. Section 101. Extension of Limitation--Part Payment, Acknowledgment or New Promise. Section 102. Statutory Bar Absolute—Exception. Chapter 4. Reserved. Chapter 5. Reserved. Chapter 6. Reserved. Chapter 7. Parties. Section 221. Parties, Plaintiff and defendant; Capacity. Section 222. Joinder of Claims, Remedies, and Actions. Section 223. Joinder of Persons Needed for Just Adjudication. Section 224. Permissive Joinder of Parties. Section 225. Misjoinder and Non-Joinder of Parties. Section 226. Interpleader. Section 228. Intervention. Section 229. Substitution of Parties. Chapter 8. Reserved. Chapter 9. Reserved. Chapter 10. Evidence. Section 421. Modes of Taking Testimony. Section 422. Affidavit defined. Section 423. Reserved. Section 424. Reserved. Section 425. Reserved. Section 426. Statement under Penalty of Perjury. AFFIDAVITS AND DEPOSITIONS Section 431. Use of Affidavit. Section 432. Where and before whom taken. Chapter 11. Trial. Section 551. Trial Defined. Section 552. How Issues Arise—Kinds of Issues. Section 553. Reserved. Section 554. Reserved. Section 555. Reserved. Section 556. Trial of Issues. Section 557. Reserved. Section 558. Reserved. Section 559. Reserved. Section 560. Reserved. Section 561. Reserved. Section 562. Reserved. Section 563. Reserved. Section 564. Reserved. Section 565. Reserved. Section 566. Reserved. Section 567. Reserved. Section 568. Reserved. Section 569. Reserved. Section 570. Reserved. Section 571. Reserved. Section 572. Reserved. Section 573. Reserved. Section 574. Reserved. Section 575. Reserved. Section 576. Reserved. Section 577. Order of Trial. Section 578. Reserved. Section 579. Reserved. Section 580. Reserved. Section 581. Reserved. Section 582. Reserved. Section 583. Reserved. Section 584. Retrial. Section 585. Reserved. Section 586. Reserved. Section 588. Proof of Official Record. Section 589. Determination of Foreign Law. Section 590. Appointment and Duties of Masters. Section 591. Reserved. Section 592. Reserved. Section 593. Reserved. Section 594. Reserved. Section 595. Reserved. Section 596. Reserved. Section 597. Reserved. Section 598. Reserved. Section 599. Reserved. Section 600. Reserved. Section 601. Reserved. Section 602. Reserved. Section 603. Reserved. Section 604. Reserved. Section 605. Reserved. Section 606. Reserved. Section 607. Reserved. Section 608. Reserved. Section 609. Reserved. Section 610. Reserved. Section 611. Statement of Findings and Conclusions of Law. Section 612. Reserved. Section 613. Reserved. Section 614. Reserved. Section 615. Reserved. Section 616. Reserved. Section 617. Reserved. Section 618. Reserved. Section 619. Reserved. Section 620. Reserved. Section 621. Reserved. Section 622. Reserved. Section 623. Reserved. Section 624. Reserved. Section 625. Reserved. Section 626. Reserved. Section 627. Reserved. Section 628. Reserved. Section 629. Reserved. Section 630. Exceptions—How Taken to Action of the Court. Section 631. Reserved. Section 632. Reserved. Section 633. Reserved. Section 634. Reserved. Section 635. Reserved. Section 636. Reserved. Section 637. Reserved. Section 638. Reserved. Section 639. Reserved. Section 640. Reserved. Section 641. Reserved. Section 642. Reserved. Section 643. Reserved. Section 644. Reserved. Section 645. Reserved. Section 646. Reserved. Section 647. Reserved. Section 648. Reserved. Section 649. Reserved. Section 650. Reserved. Section 651. New Trial—Definition—Causes for. Section 652. Reserved. Section 653. Time for Filing Application for New Trial. Section 654. Making of Application—Affidavits. Section 655. Petition for New Trial. Section 656. Reserved. Section 657. Reserved. Section 658. Reserved. Section 659. Reserved. Section 660. Reserved. Section 661. Rate of Damages Recoverable. Chapter 12. Judgment. Section 681. Judgment defined. Section 682. Judgment Given for or against Several Persons; Petition Dismissal; Costs. Section 683. Default Judgment. Section 684. Offer of Judgment. Section 685. Judgment for Specific Acts; Vesting Title. Section 686. Summary Judgment. Section 687. Entry of Judgment. Section 688. New Trials; Amendments of Judgments. Section 689. Relief from Judgment or Order. Section 690. Harmless Error. Section 691. Stay of Proceedings to Enforce a Judgment. Section 692. Disability of a Judge. Section 693. Judgment against Infant. Section 694. Judgment as Liens. Section 695. Discharge of Money Judgment Liens. Section 696. Additional Cash Deposits. Section 696.1. Reserved. Section 696.2. Judgment, Decree or Appealable Order to be Written; Preparation of Written Documents; Filing; Mailing; Effect. Section 696.3. Judgments, Decrees and Appealable Orders that are Filed Should contain the following. Section 696.4. Provision for Costs, Attorney Fees, and Interest. Section 697. Reversal by Court of Appeals. Section 698. Reserved. Section 699. Interest on Money Judgment. Section 700. Exempt Property; Homestead; Area and Value; Indian Allottees; Temporary Renting. Chapter 13. Provisional and Final Remedies and Special Proceedings. Section 731. Seizure of Person or Property. Section 732. Receivers Appointed by the Courts. Section 733. Deposit in Court. Section 734. Process on Behalf of and Against Persons not Parties. Section 735. Security; Proceedings against Sureties. Section 736. Execution. Section 737. Injunction Defined. Section 738. Cause for Injunction; Temporary Restraining Order. Section 739. Temporary Restraining Order; Notice; Hearing; Duration. Section 740. Temporary Restraining Order; Service. Section 741. Preliminary Injunction. Section 742. Preliminary Injunction; Criteria. Section 743. Form and Scope of Injunction or Restraining Order. Section 744. Employer and Employee; Interpleader; Constitutional Cases. Section 745. Security. Section 746. Use of Affidavits. Section 747. Injunction by defendant. Section 748. Injunction is Equitable. Section 749. Modification of Preliminary Injunction. Section 750. Modification of Permanent Injunction; Separate Action. Section 751. Injunctions Tried to the Court. Section 752. Enforcement of Restraining Orders and Injunctions. Section 753. Order of Delivery; Procedure. Section 754. Penalty for Damage of Property Subject to Order of Delivery. Section 755. Undertaking in Replevin. Section 756. Replevin Bond; Value. Section 757. Order of Delivery. Section 758. Order Returnable. Section 759. Execution of Order. Section 760. Re-delivery on Bond. Section 761. Exception to Sureties. Section 762. Proceedings on Failure to Prosecute Action. Section 763. Judgment; Damages; Attorney Fees. Section 764. Officer May Break into Buildings. Section 765. Compelling Delivery by Attachment. Section 766. Improper Issue of Order of Delivery. Section 767. Joinder of Cause of Action for Debt; Stay of Judgment. Section 768. Grounds for Attachment. Section 769. Attachment Affidavit. Section 770. Attachment Bonds. Section 771. Order of Attachment. Section 772. When Returnable. Section 773. Order of Execution. Section 774. Execution of Attachment Order. Section 775. Service of Order. Section 776. Re-delivery on Bond. Section 777. Nature of Garnishment. Section 778. When Garnishment Available after Judgment; Written Directions Relating to Order of Garnishment. Section 779. Answer of Garnishee; Form; Instructions Section 780. Effects of Offsets Claimed by Garnishee. Section 781. Trial. Section 782. Judgment in Garnishment Proceedings. Section 783. Bond of Defendant for Payment of Judgment Section 784. Forms to be used. Section 785. Child Support Payment; Income Assignment or Garnishment Proceedings. Section 786. Income Assignment Proceedings. Section 787. Payments Pursuant to Income Assignment. Section 788. Appointment of Receiver. Section 789. Persons Ineligible. Section 790. Oath and Bond. Section 791. Powers of Receiver. Section 792. Investment of Funds. Section 793. Disposition of Property Litigated. Section 794. Punishment for Disobedience of Court. Section 795. Vacation of Appointment by Court of Appeals. Section 796. Definitions of Direct Contempt of Court and Indirect Contempt of Court. Section 797. Judge’s Power to Cite Contempt; Impose Censure; Notice and Opportunity; Sanction Section 798. Punishment for Contempt; Failure to Comply Child Support and other Orders. Section 799. Indirect Contempts; Notice; Appearance Bond. Section 800. Violation of Child Custody Court Order; Defense; Emergency Or Protective Custody. Section 801. Substance of Offense Made Part of Record Chapter 14. Reserved. Chapter 15. Appeal and Error. Section 951. Judgment by Court Inferior in Jurisdiction to District Court. Section 952. Jurisdiction of Court of Appeals. Section 953. Final Order Defined. Section 954. Reserved. Section 955. Reserved. Section 956. Reserved. Section 957. Reserved. Section 958. Reserved. Section 959. Reserved. Section 960. Reserved. Section 961. Reserved. Section 962. Reserved. Section 963. Reserved. Section 964. Reserved. Section 965. Reserved. Section 966. Reserved. Section 967. Reserved. Section 968. Reserved. Section 969. Reserved. Section 970. Reserved. Section 971. Reserved. Section 972. Reserved. Section 973. Reserved. Section 974. Reserved. Section 975. Reserved. Section 976. Reserved. Section 977. Reserved. Section 978. Recovery of Costs When Judgment or Final Order is Reversed. Section 978.1. Recovery of Costs for review of Certain Interlocutory Orders on Appeal or on Certiorari. 136 Section 979. Mistake, Neglect, or Omission of Clerk. Section 980. Writs of Error and Certiorari Abolished. Section 981. Reserved. Section 982. Reserved. Section 983. Reserved. Section 984. Reserved. Section 985. Reserved. Section 986. Reserved. Section 987. Reserved. Section 988. Reserved. Section 989. Reserved. Section 990. Reserved. Section 990A. Appeal to the Court of Appeals; Filing of Petition; Rules; Procedure; Dismissal. Section 990.1. Jurisdiction of Court of Appeals. Section 990.2. Post-Trial Motions; Matters Taken Under Advisement; Costs; Attorney Fees; and Interest. Section 990.3. Judgment of Money; Relief other than the Payment of Money; Applicability of Provisions; Ten Day Stay. Section 990.4. Stay of Enforcement of Judgment, Decree, or Final Order. Section 990.5. Automatic Stay. Section 991. Right to Perfect Appeal to the Court of Appeals without Filing Motion for New Trial; Exemption. Section 992. Errors in Perfecting Appeal Must Be Raised Promptly; Waiver of Defect or Error. Section 993. Appeals from Certain Interlocutory Orders; Undertaking. Section 994. Procedure when there is more than one claim or party; Final Judgment. Section 995. Dismissal of Frivolous Appeals; Sanctions. Chapter 16. Trial Court Vacation and Modification of Judgments. Section 1031. Power to Vacate or Modify its Judgments; Timing. Section 1031.1. Motions to Correct, Open, Modify, or Vacate Judgment. Section 1032. Mistakes or Omissions of the Court Clerk. Section 1033. Motions after Thirty (30) Days. Section 1034. Liens and Securities Preserved. Section 1035. Order Suspending Proceedings. Section 1036. Judgment before Trial. Section 1037. Time Limitations. Chapter 17. Survival and Abatement of Actions. Section 1051. Additional Causes of Action. Section 1052. Actions which Abate on Death of a Party. Section 1053. Wrongful Death—Limitation of Actions—Damages. Section 1054. Cause of Action Brought by Widow or Next of Kin. Section 1055. Death of a Child. Chapter 18. Revivor of Action. Section 1081. Death of Party after Judgment. Section 1082. Dissolved Partnerships. Section 1083. Dismissal of any Actions in which no Pleadings have been Filed for a Year. Section 1084. Enforcement of Contracts or Obligations. Section 1085. Death of Nonresident. Chapter 19. Miscellaneous Proceedings. Section 1101. Offer—Acceptance by Plaintiff—Notice—Filing. Section 1101.1 Actions for Person Injury, Wrongful Death and Certain Specified Actions— Other Actions—Evidence—Applicability—Severability. Section 1102. Making of Offer Not Cause for Continuance or Postponement. Section 1103. Agreement on Facts in Case—Submission of Same—Real Controversy and Good Faith Proceedings. Section 1104. Case, Submission and Copy of Judgment Constitute Record. Section 1105. Judgment—Enforcement—Subject to Reversal. Section 1106. Defendant may offer in Court to Confess Judgment for Part of the Amount Claimed. Section 1107. Action by Surety against Principal. Section 1108. Action by Surety for Indemnification before Liability is Due. Section 1109. Provisional Remedies for Surety. Section 1110. Reserved. Section 1111. Reserved. Section 1112. Reserved. Section 1113. Reserved. Section 1114. Reserved. Section 1115. Reserved. Section 1116. Definition of Order. Section 1117. Orders Made out of Court—Entered by Clerk. Section 1118. Authorization of Judges to Hear and Determine Motions and Exercise Control. Chapter 20. Actions Regarding Real Propert y ACTIONS TO QUIET TITLE. Section 1141. Action to Quiet Title—Joinder with Action for Possession—Adverse Interests. NONJUDICIAL MARKETABLE TITLE PROCEDURES ACT. Section 1141.1. Short Title. Section 1141.2. Definitions Section 1141.3. Alternate Procedures to Quiet Title to Remove Apparent Cloud on Title. Section 1141.4. Preparation and Transmittal of Notice—Response to Notice—Clarification of Notice. Section 1141.5. Liability for Damages, Costs, and Attorney Fees. Actions to Recover Real Property. Section 1142. Actions for Recovery of Real Property. Section 1143. Denial by Defendant of Title. Section 1144. In an Action brought by Tenant against a Cotenant. Section 1145. Plaintiff’s Right to Recover. Section 1146. Matter of Right to one Trial—New Trial. Section 1147. Reserved. INTERESTS AND CLAIMS BY PERSONS NOT IN BEING Section 1147.1. Persons Not in Being—Possible Future Interest—Proceeds of Sale Held in Trust. Section 1147.2. Undivided Interests. Section 1147.3. All Interested Persons to be Made Party to Proceedings in Sale of Real Estate—Mortgages—Guardian or Guardian Ad Litem. Section 1147.4. Public or Private sale—Trustee—Terms of Sale—Return—Trustee’s Deed— Confirmation. Section 1147.5. Proceeds of Sale a Trust—Trustee—Term—Distribution of Monies. Section 1147.6. Fees and Costs—Compensation for Guardian or Guardian Ad Litem. FORCIBLE ENTRY AND DETAINER Section 1148.1. Jurisdiction—Forcible Entry and Detention—Joinder of Actions—Judgments No Bar. Section 1148.2. Powers of Court. Section 1148.3. Extent of Jurisdiction. Section 1148.4. Issuance and Return of Summons—Contents Section 1148.5. Service of Summons. Section 1148.5A. Constructive Service of Summons. Section 1148.6. Answer or Affidavit by Defendant. Section 1148.7. Trial by Court. Section 1148.8. Reserved. Section 1148.9. Attorney Fee. Section 1148.10. Writ of Execution—Form—New Trial. Section 1148.10A. Stay of Execution by Posting Supersedeas Bond—Failure to Post Bond— Payment of Current Rentals. Section 1148.11 Reserved. Section 1148.12. Reserved. Section 1148.13. Reserved. Section 1148.14. Forcible Entry and Detainer Actions not Exceeding Jurisdictional Amount for Small Claims Court—Small Claims Docket. Section 1148.15. Affidavit—Form. Section 1148.16. Summons—Form. Chapter 21. Reserved. Chapter 22. Reserved. Chapter 23. Habeas Corpus. Section 1331. Every Person Restrained of his Liberty May Prosecute a Writ of Habeas Corpus. Section 1332. Specifications for Application for the Writ—Made by Petition, Signed and Verified by Plaintiff or Some Person in Plaintiff’s Behalf. Section 1333. Granting of Writ. Section 1334. Writ Directed to Officer having Person under Restraint. Section 1335. Writ Directed to Tribal Police—Delivered by Clerk. Section 1336. Tribal Police to Serve Writ if Directed to any other person. Section 1337. Service of Writ. Section 1338. Immediate Return—Enforcement of Obedience by Attachment. Section 1339. Return to be Signed and Verified—Contents. Section 1340. Decision of Judge to Decide on Return. Section 1341. Court or Judge to Hear and Determine Cause—Discharge. Section 1342. Inquiry into Legality of Judgment or Process when Party is in Custody or Term of Commitment has not expired. Section 1343. Discharge from Order of Commitment. Section 1344. Purpose of Letting Prisoner to Bail. Section 1345. Notification of Interested Party. Section 1346. Powers of Court. Section 1347. Liability of Tribal Police for Civil Actions. Section 1348. Illegal Restraint—Carrying out of jurisdiction of Court—Warrant. Section 1349. Command for Apprehension of Person Charged with Causing the Illegal Restraint. Section 1350. Manner of Execution of Writ Section 1351. Temporary Orders. Section 1352. Issuance and Service on Sunday in Case of Emergency. Section 1353. Issuance, Service and Return of Process. Section 1354. Favor of Parents, Guardians, Masters, Husbands and Wives—Enforcement of Rights for Protection of Infants and Insane. Section 1355. Habeas Corpus—No Deposit or Security for Costs Upon Initial Application— Payment. Chapter 24. Reserved. Chapter 25. Slander and Libel. Section 1441. Definition of Libel. Section 1442. Definition of Slander. Section 1443. Privileged Communication Defined—Exemption from Libel. Section 1444. Pleading—Proof—Defenses. Section 1445. Article Published in Good Faith—Retraction. Section 1446. Reserved. Section 1447.1. Limitation of Liability of Owners, Etc. of Television or Radio Stations or Networks. Section 1447.2. No Liability for Statements of Candidates for Political Office. Section 1447.3. Actual or Punitive Damages. Section 1447.4. Recording and Preservation of Political Utterances. Section 1447.5. False Statements must be counteracted by True Statements upon Request. Section 1448. The Deceased’s Right of Publicity. Section 1449. Unauthorized Use of Another Person’s Right of Publicity. Chapter 25. Reserved. Chapter 26. Mandamus. Section 1501. Petition for Partition—Contents. Section 1502. Contents of Reasonable Certainty in Petition. Section 1503. Creditors with Specific or General Liens may be Made Parties. Section 1504. Answer—Contents. Section 1505. Court shall Make Order Specifying Interests of Respective Parties. Section 1506. Appointment of Commissioners to Make Partition. Section 1507. Commissioners to Allot Portions. Section 1508. Commissioners to Take and Subscribe an Oath. Section 1509. Duty of Commissioners—Report—Notice of Time Limit for Filing Exception or Election. Section 1510. Filing of Exceptions to Report—Setting Aside of Report. Section 1511. Judgment. Section 1512. Purchase at Appraised Value. Section 1513. Order for Tribal Police to Sell Property. Section 1514. Return of Proceedings—Tribal Police to Execute Deed. Section 1515. Costs, Attorney’s Fees and Expenses. Section 1516. Power of Court to Make Order. Section 1517. Sale of Property that cannot be Partitioned—Procedure. Chapter 29. Quo Warranto. Section 1531. Quo Warranto Abolished—Relief Obtainable by Civil Action—Maintenance by Contestants for Office. Section 1532. Action to be Brought in the Court of Appeals or District Court, in the following cases. Section 1533. Prosecution in the Name of the Choctaw Nation or Person Bringing the Action. Section 1534. Judgment in Case Contesting Right to Office. Section 1535. Judgment in Favor of Plaintiff. Section 1536. Refusal or Neglect of Defendant to Deliver Books and Papers. Section 1537. Separate Action for Damages. Chapter 30. Reserved. Chapter 31. Reserved. Chapter 32. Reserved. Chapter 33. Reserved. Chapter 34. Reserved. Chapter 35. Reserved. Chapter 36. Small Claims Procedure Act. Section 1751. Suits Authorized Under Small Claims Procedure. Section 1752. Reserved. Section 1753. Small Claims Affidavit—Form—Filling. Section 1754. Preparation of Affidavit—Copies. Section 1755. Service of Affidavit and Order upon Defendant. Section 1756. Date for Appearance of Defendant. Section 1757. Transfer of Actions from Small Claims Docket to another Docket. Section 1758. Counterclaim or Setoff by Verified Answer. Section 1759. Claims, Counterclaims, or Setoffs in Excess of Six Thousand Dollars. Section 1760. Attachment or Garnishment—Depositions—Interrogatories—New Parties— Intervention. Section 1761. Trial by Court—Request for Court Reporter—Evidence—Informality. Section 1762. Payment of Judgment. Section 1763. Appeals. Section 1764. Fees. Section 1765. Costs. Section 1766. Citation. Section 1767. Reserved. Section 1768. Reserved. Section 1769. Reserved. Section 1770. Small Claims Judgment as Lien—Filing—Release—Notice—Costs. Section 1771. Reserved. Section 1772. Processing and Collecting Judgment—Failure to Satisfy Judgment. Section 1773. Failure to File Pleadings—Dismissal of Action without Prejudice. Chapter 37. Reserved. Chapter 38. Reserved. Chapter 39. Pleading Code. COMMENCEMENT OF ACTION. Section 2001. Scope of the Pleading Code. Section 2002. Reserved. Section 2003. Commencement of Action. Section 2004. Process. Section 2004.1. Subpoena. Section 2004.2. Notice of Pendency of Action. Section 2005. Service and Filing of Pleadings and Other Papers. Section 2005.1. Service of Post-Judgment Motions Pertaining to Dissolution of Marriage Proceedings. Section 2005.2. Entry of Appearance; Counsel not licensed in the Choctaw Nation; Address of record and Withdrawal. Section 2006. Time. Section 2007. Pleadings Allowed; Form of Motions. Section 2008. General Rules of Pleading. Section 2009. Pleading Special Matters. Section 2010. Form of Pleadings; Motions; and Briefs. Section 2011. Signing Of Pleadings. Section 2012. Defense and Objections; When and how Presented; By Pleadings or Motions; Motion for Judgment on the Pleadings. Section 2013. Final Dismissal on Failure to Amend. Section 2014. Counter-Claim and Cross-Claim. Section 2015. Counter-Claim; Effect of the Statutes of Limitation. Section 2016. Counterclaim against Assigned Claims. Section 2017. Third-Party Practice. Section 2018. Amended and Supplemental Pleadings. Section 2019. Pre-Trial Procedure; Formulating Issues Section 2020. Lost Pleadings. Section 2021. Tenders of Money or Property. Section 2022. Dismissal of Actions. Chapter 40. Rules of Evidence. ARTICLE I. GENERAL PROVISIONS. Section 2101. Short Title. Section 2102. Legislative Purpose. Section 2103. Scope of Rules. Section 2104. Rulings on Evidence. Section 2105. Preliminary questions. Section 2106. Limited admissibility. Section 2107. Remainder of record. ARTICLE II. JUDICIAL NOTICE. Section 2201. Judicial Notice of Law. Section 2202. Judicial Notice of Adjudicative Facts. Section 2203. Determining Propriety of Taking Judicial Notice. ARTICLE III. PRESUMPTIONS. Section 2301. Definitions Section 2302. Establishment of Basic Fact. Section 2303. Effect of Presumptions in Civil Cases. Section 2304. Presumptions in Criminal Cases. Section 2305. Inconsistent Presumptions. ARTICLE IV. RELEVANCY Section 2401. Definition of ―Relevant Evidence Section 2402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible. Section 2403. Exclusion of relevant evidence on grounds of prejudice, confusion or cumulative nature of evidence. Section 2404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes. Section 2405. Methods of Proving Character. Section 2406. Habit; Routine Practice. Section 2407. Subsequent Remedial Measures. Section 2408. Compromise and Offers to Compromise. Section 2409. Payment of Medical and Similar Expenses. Section 2410. Pleas and Plea Discussions; Admissibility of Evidence. Section 2411. Liability Insurance. Section 2412. Sexual offense against another person--Evidence of other sexual behavior inadmissible –Exceptions. Section 2413. Sexual assault offense--Commission of other offenses admissible—Definition. Section 2414. Child molestation offense--Commission of other offenses admissible— Definitions ARTICLE V. PRIVILEGES Section 2501. Privileges Recognized Only as Provided. Section 2502. Attorney-Client Privilege. Section 2502.1. Communications between accountant and client. Section 2503. Physician and Psychotherapist-Patient Privilege. Section 2503.1. Interpreter for the Deaf or Hard-of-Hearing Privilege. Section 2504. Spousal Privilege. Section 2505. Religious Privilege. Section 2506. Journalist’s Privilege. Section 2506.1. Reserved. Section 2506.2. Peer support counseling confidentiality. Section 2507. Political Vote. Section 2508. Trade Secrets. Section 2509. Secrets of State and Other Official Information; Governmental Privileges. Section 2510. Identity of Informer. Section 2510.1. Crime stoppers organizations--Privileged communications--Orders for production of records Section 2511. Waiver of Privilege by Voluntary Disclosure. Section 2512. Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege. Section 2513. Comment Upon or Inference from Claim of Privilege; Instruction ARTICLE VI. WITNESSES Section 2601. General Rule of Competency. Section 2602. Personal Knowledge Section 2603. Oath or Affirmation Section 2604. Interpreters. Section 2605. Competency of Judge as Witness. Section 2606. Reserved. Section 2607. Who May Impeach. Section 2608. Evidence of Character and Conduct of Witness. Section 2609. Impeachment by Evidence of Conviction of Crime. Section 2610. Religious Beliefs or Opinions. Section 2611. Mode and Order of Interrogation and Presentation. Section 2611.1. Reserved. Section 2611.2. Minor or incapacitated witnesses--Closing of testimony to public--Taking testimony outside courtroom--Meeting in chambers with judge and attorneys--Presence of support person. Section 2611.3. Short title. Section 2611.4. Definitions Section 2611.5. Testimony to which act applies--Other procedures not precluded. Section 2611.6. Hearing--Determination of whether to use alternative method testimony. Section 2611.7. Situations where alternative method testimony permitted. Section 2611.8. Determination of whether to allow child witness to testify by an alternative method. Section 2611.9. Order--Required contents. Section 2611.10. Opportunity for examination and cross-examination. Section 2611.11. Construction and application of act. Section 2612. Writing Used to Refresh Memory. Section 2613. Prior Statements of Witnesses. Section 2614. Calling and Interrogation of Witnesses by Court. Section 2615. Exclusion of Witnesses. ARTICLE VII. OPINIONS AND EXPERT TESTIMONY. Section 2701. Opinion Testimony by Lay Witnesses. Section 2702. Testimony by Experts. Section 2703. Bases of Opinion Testimony by Experts. Section 2704. Opinion on Ultimate Issue. Section 2705. Disclosure of Facts or Data Underlying Expert Opinion. Article VIII. Hearsay Section 2801. Definitions Section 2802. Hearsay Rule. Section 2803. Hearsay Exceptions; Availability of Declarant Immaterial. Section 2803.1. Statements of children not having attained 13 years or incapacitated persons describing acts of physical abuse or sexual contact--Admissibility in criminal and juvenile proceedings. Section 2803.2. Reserved. Section 2804. Hearsay Exception; Declarant Unavailable. Section 2804.1. Hearsay Exception--Exceptional circumstances. Section 2805. Hearsay Within Hearsay. Section 2806. Attacking and Supporting Credibility of Declarant. ARTICLE IX. AUTHENTICATION AND IDENTIFICATION. Section 2901. Requirement of Authentication or Identification. Section 2902. Self-Authentication. Section 2903. Subscribing Witness’ Testimony Unnecessary. ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS. Section 3001. Definitions Section 3002. Requirement of Original. Section 3003. Admissibility of Duplicates Section 3004. Admissibility of Other Evidence of Contents. Section 3005. Public Records. Section 3006. Summaries. Section 3007. Testimony or Written Admission of Party. Section 3008. Reserved. Section 3009. Medical bills--Identification Chapter 41. Depositions and Discovery. Section 3224. Short Title and Scope of Code. Section 3225. Construction. Section 3226. General Provisions Governing Discovery. Section 3226.1. Abusive discovery Section 3226A. Withdrawal of certain discovery items Section 3227. Depositions Before Action or Pending Appeal Section 3228. Persons Before Whom Depositions May Be Taken. Section 3229. Stipulations Regarding Discovery Procedure. Section 3230. Depositions upon Oral Examination. Section 3231. Depositions upon Written Questions. Section 3232. Use of Depositions in Court Proceedings. Section 3233. Interrogatories to Parties. Section 3234. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes Section 3235. Physical and Mental Examination of Persons. Section 3236. Requests for Admission. Section 3237. Failure to Make or Cooperate in Discovery; Sanctions. APPENDIX 1. COURT OF APPEALS RULES—APPELLATE RULES OF CIVIL PROCEDURE. Rule 1.1 Title, Citation, Scope, Effective Date of Rules and Unsettled Procedure Rule 1.2 Effect of Failure to Comply with Rules and Orders. Rule 1.3 Computation of Time. Rule 1.4 Clerk for the Court of Appeals, Filings, Mailing, Copies, and Notice to Parties. Rule 1.5 Appearance, Withdrawal, and Change of Address. Rule 1.6 Motions. Rule 1.7. Corrections of Filed Documents. Rule 1.8. Communications with Court. Rule 1.9. Oral Argument. Rule 1.10. Briefs. Rule 1.11. Form and Content of Briefs. Rule 1.12. Brief of Amicus Curiae. Rule 1.13. Rehearing. Rule 1.14. Taxation of Costs and Motions for Appeal Related Attorney Fees. Rule 1.15. Stay and Supersedeas. Rule 1.16. Mandate. Rule 1.17. Reserved. Rule 1.18. Reserved. Rule 1.19. Reserved. PART II. APPEALS FROM JUDGMENT OF FINAL ORDER OF THE DISTRICT COURT. Rule 1.20. Definitions. Rule 1.21. Computation of Time for Commencement of Appeal Rule 1.22. Post-Trial Motions. Rule 1.23. Commencement of Appeal. Rule 1.24. Reserved. Rule 1.25. Petition in Error and Response to Petition in Error. Rule 1.26. Amended Petition in Error, Premature Petition in Error, and Supplemental Petition in Error. Rule 1.27. Multiple Appeals. Rule 1.28. Record. Rule 1.29. Designation of Record where Reversal is sought Solely on Ground of Insufficiency of Evidence to Support Judgment. Rule 1.30 Preparation of Narrative Statement of Trial or Proceedings in Lieu of Transcript. Rule 1.31. Preparation of Statement in Lieu of Record on Appeal. Rule 1.32. Correctness of Transcript and Amendment of Record. Rule 1.33. Form and Contents of Record. Rule 1.34. time for Completion of Record. Rule 1.35. Fees for Assembling Record and Transcribing Proceedings. Rule 1.36. Accelerated Procedure for Summary Judgments and Certain Dismissals. Rule 1.37. Jurisdiction of Trial Court while Appeal is Pending and Remedial Writs in an Appeal. Rule. 1.38. Reserved. Rule 1.39. Reserved. PART III. APPEALS AND CERTIORARI REVIEW FROM INTERLOCUTORY ORDERS OF THE DISTRICT COURT. Rule.1.40. Definitions; Rules Applicable, New Trial; and Effect of Failure to Appeal. PART III(A). REVIEW OF CERTIFIED INTERLOCUTORY ORDERS PURSUANT TO 12 C.N.S. § 952(B)(3). Rule 1.50. Definition of Certified Interlocutory Order Rule 1.51. Commencement of Proceeding and Entry of Appearance. Rule 1.52. Content of Petition for Certiorari to Review Certified Interlocutory Order and Trial Court Statement. Rule 1.53. Response to Petition for Certiorari to Review Interlocutory Order. Rule 1.54. Record. Rule 1.55. Briefs. Rule 1.56. Other Rules Applicable to Certiorari to Review Certified Interlocutory Order. PART III(B). APPEALS FROM ORDERS GRANTING A NEW TRIAL OR VACATING A JUDGMENT AND FROM ORDERS DEALING WITH ATTACHMENTS, TEMPORARY INJUNCTIONS, RECEIVERS, AND OTHER PROVISIONAL REMEDIES. Rule 1.60. Definition of Interlocutory Orders Appealable by Right. Rule 1.61. Time and Manner for Commencing Appeal. Rule 1.62. When Appeal Commenced. Rule 1.63. Content of Petition in Error and Response in the Appeal of an Interlocutory Order Appealable Right. Rule 1.64. Record. Rule 1.65. Briefs. Page 28 of 359 CB-91-11 Rule 1.66. Requirements in Appeals from Order Refusing to Vacate Appointment of Receiver. 346 Rule 1.67. Other Rules Applicable. PART IV(A). GENERAL PROVISIONS APPLICABLE TO OTHER CIVIL APPEALS. Rule. 1.75. Definitions. Rule 1.76. Record in Appeals from Tribunals Other than the District Court. Rule 1.77. Other Rules Applicable. Rule 1.78. Reserved. Rule 1.79. Reserved. Rule 1.80. Reserved. Rule 1.81. Reserved. Rule 1.82. Reserved. Rule 1.83. Reserved. Rule 1.84. Reserved. PART IV(B). RESERVED. Rule 1.85. Reserved. Rule 1.86 Reserved. Rule 1.87. Reserved. Rule 1.88. Reserved. Rule 1.89. Reserved. Rule 1.90. Reserved. PART IV(C). PROCEEDINGS TO REVIEW A DECISION OF THE WORKERS' COMPENSATION COURT. Rule 1.100. Mode and Time of Commencing Proceedings. Rule 1.101. Requisites for Petition for Review. Rule 1.102. Designation of Parties. Rule 1.103. Petition for Review and Response. Rule 1.104. Record. Rule 1.105. Briefs. Rule 1.106. Agreed Settlement Pending Review. PART IV(D). RESERVED. PART IV(E). RESERVED. PART IV(F). RESERVED. PART IV(H). RESERVED. PART V. RESERVED PART VI. ORIGINAL JURISDICTION PROCEEDINGS BEFORE THE COURT OF APPEALS. Rule 1.190. Rules Applicable. Rule 1.191. Applications to Assume Original Jurisdiction. Rule 1.192. Evidence—Reference. Rule 1.193. Effectiveness of Judgment and Rehearing. Rule 1.194. Proceedings to Protest or to Object to Initiative and Referendum Petitions. PART VII. RESERVED. PART VIII. RESERVED. PART IX. EXPUNGEMENT OF RECORDS. Rule 1.260. Expungement of Records. Rule 1.261. Application for Expungement. Rule 1.262. Inspection of Expunged Appellate Records. PART X. APPENDIX OF FORMS. Rule 1.300 Required Forms Rule 1.301. Forms. Choctaw Nation Criminal Code: Part I. In General Chapter 1. Preliminary Provisions Section 1. Title of code Section 2. Criminal acts are only those prescribed Section 3. Crime and public offense defined Section 4. Crimes classified Section 5. Felony defined Section 6. Misdemeanor defined Section 7. Objects of criminal code Section 8. Conviction must precede punishment Section 9. Punishment of felonies Section 10. Punishment of misdemeanor Section 11. Special provisions as governing—Acts punishable in different ways—Acts not otherwise punishable by imprisonment Section 12. Reserved Section 13. Uniform reporting system to be used by criminal and juvenile justice information systems Section 14. Sentencing Authority Section 15. Sentences of imprisonment, where served Chapter 2. General Provisions Section 21. Prohibited act a misdemeanor unless otherwise stated Section 22. Gross injuries—Grossly disturbing peace—Openly outraging public decency— Injurious acts not expressly forbidden Section 23. Acts punishable under foreign laws Section 24. Criminal acts may also be punishable as contempt of court Section 25. Mitigation of punishment Section 26. Aiding in a misdemeanor Section 27. Sending letter—When complete—Place of prosecution Section 28. Failure to perform duty Attempts Section 41. Conviction for attempt not permitted where crime is perpetrated Section 42. Attempts to commit crimes—Punishment Section 43. Unsuccessful attempt—Another crime committed Section 44. Attempt defined Habitual Offenses and Punishment Section 51. Offense of Habitual Criminal and Punishment Sentence and Imprisonment Section 61. Sentences to be served in order received by penal institution—Concurrent sentences—Credit for good conduct c Section 62. Sentences to run concurrent with other court sentences Section 63. Imposition of fine in addition to imprisonment Section 65. Civil rights suspended Section 66. Person of convict protected Section 67. Conviction does not work forfeiture Perjury on Examination of Privileged Witness Section 81. Testimony—Privilege of witnesses and perjury Definitions Section 91. Terms to have meanings specified unless different meaning appears Section 92. Willfully defined Section 93. Negligent—Negligence Section 94. Corruptly Section 95. Malice—Maliciously Section 96. Knowingly Section 97. Bribe Section 98. Vessel Section 99. Peace officers Section 99a. Authority of peace officers Section 100. Signature Section 101. Writing includes printing Section 102. Real property Section 103. Personal property Section 104. Property defined Section 105. Person defined Section 106. Person as designating party whose property may be subject of offense Section 107. Singular includes plural Section 108. Gender Section 109. Present tense Section 110. Intent to defraud Other Remedies and Punishments Section 131. Civil remedies not affected Section 132. Reserved Section 133. Military punishment—Contempt—Apprentices, bastards, etc. Fines and Penalties Section 141. Payment of fines, fees, assessments, forfeitures and penalties into the court fund Crime Victims Compensation Act Section 142.1. Intent of the Tribal Council Section 142.2. Short title Section 142.3. Definitions Section 142.4. Crime Victims Compensation Program Section 142.5. Powers relating to claims for compensation—Office and staff support Section 142.6. Additional powers of the Director of the Crime Victims Compensation Program Section 142.7. Collateral source contributions Section 142.8. Parties—Right to appear—Hearing—Notice—Settlement of claim Section 142.9. Waiver of physician-patient privilege—Mental or physical examination— Reports—Advisory panel—Limiting compensation for treatment—Debt collection Section 142.10. Award of compensation—Criteria—Amount—Denial, withdrawal or reduction—Reconsideration Section 142.11. Prosecution, conviction or adjudication not required—Proof of conviction or copy of adjudication order—Suspension of proceedings Section 142.12. Recovery from collateral source—Subrogation of program—Retention of funds in trust—Notice to the Board Section 142.13. Payment of award—Exemption from process—Assignment—Counseling expenses Section 142.14. Advancement on award Section 142.15. Reports to be made by the Board Section 142.16. False claims Section 142.17. Crime Victims Compensation Revolving Fund Section 142.18. Victim compensation assessments Victim’s Rights Act Section 142A. Short title Section 142A-1. Definitions Section 142A-2. Victims and witnesses rights Section 142A-3. Informing victim of rights Section 142A-4. Petition for relief Section 142A-5. Restitution form Section 142A-6. Priority interest in proceeds Section 142A-7. Address designation Section 142A-8. Presentation and use of victim impact statement at sentencing Section 142A-9. Disclosure of personal information of victim or witness may be prohibited. Section 142A-10. Reserved Section 142A-11. Return of exhibit Section 142B. Civil action by victim of felony crime against offender—Attorney’s fees and costs—Reduction of hardship exemption from garnishment Chapter 3. Persons Liable to Punishment Section 151. Persons liable to punishment in the Choctaw Nation of Oklahoma Section 152. Persons capable of committing crimes—Exceptions—Children—Idiots—Lunatics—Ignorance—Commission without consciousness—Involuntary subjection Section 153. Intoxication no defense Section 154. Morbid propensity no defense Section 155. Subjection to superior exonerates Section 156. Duress defense Section 160. Public foreign ministers exempted Chapter 4. Parties to Crime Section 171. Classification of parties Section 172. Principals defined Section 173. Accessories defined Section 174. No accessories to misdemeanor Section 175. Punishment of accessories Chapter 5. Crimes Against the Elective Franchise Section 181. Betting upon an election a misdemeanor Section 182. Offers of office by candidate a misdemeanor Section 183. Communicating an offer of office Chapter 6. Crimes Against the Executive Power Section 261. Assuming office before qualifying Section 262. Act of officer de facto Section 263. Falsely assuming to be officer Section 264. False impersonation of peace officers—False insignia on motor vehicle Section 265. Bribing or offering bribe to executive officer Section 266. Asking or receiving bribes Section 267. Preventing officer’s performance of duty Section 268. Resisting executive officer Section 269. Asking or receiving unauthorized reward for official act Section 270. Reward for omission to act, asking or receiving Section 271. Asking or receiving unauthorized advance fees Section 272. Taking unlawful reward for requisition for fugitive Section 273. Buying appointments to office Section 274. Selling appointments to office Section 275. Reward for making appointment or deputation Section 276. Unlawful deputation is void Section 277. Exercising functions of office after term expires Section 278. Refusal to surrender books to successor Section 279. Administrative officers included Section 280. Disturbance, interference or disruption of tribal business—Penalties Section 281. False statements made during an internal investigation Section 282. Unlawful acts—Violations Chapter 7. Crimes Against the Legislative Power Section 301. Preventing meetings of the Tribal Council Section 302. Disturbing legislative proceedings—Penalty Section 302.1. Refusal to leave legislative chamber, gallery and offices—Penalty Section 303. Compelling adjournment of Tribal Council Section 304. Preventing legislative member or personnel from performing official duties— Penalty Section 305. Compelling Tribal Council to perform or omit act Section 306. Altering draft bill Section 307. Altering engrossed copy of bill Section 308. Bribery of or influencing members Section 309. Soliciting bribes—Trading votes Section 310. Witness refusing to attend Legislature or committee Section 311. Witness refusing to testify before Tribal Council or committee Section 312. Forfeiture of office—Disqualification to hold office Section 318. Bribery Section 319. Penalty for Bribery Section 320. Member of Tribal Council—Soliciting or securing employment with tribal department or institution Section 321. Penalty for violating Section 321 Section 322. Compensation contingent upon influencing official action or legislation Chapter 8. Crimes Against the Revenue and Property of the Choctaw Nation Section 341. Embezzlement and false accounts by officers Section 341.1. Postage meter—Unlawful use Section 342. Suspension—Vacancy filled Section 343. Other violation of official conduct Section 344. Fraud by officer authorized to sell, lease or make contract Section 345. Refusal of officer to perform duty Section 349. Injuring or burning public buildings Section 352. Unlawfully issuing or paying warrants Section 353. Officer dealing in warrants—Misdemeanor Section 354. Penalty Section 355. False, fictitious, or fraudulent claim for payment of public funds or onemployment application Section 356. Penalties Chapter 9. Bribery and Corruption Section 380. Bribery of fiduciary Section 381. Bribing officers Section 382. Officers receiving bribes Section 383. Bribing jurors, referees, etc. Section 384. Receiving bribes by jurors, referees, etc. Section 385. Misconduct of jurors Section 386. Accepting gifts Section 387. Gifts defined Section 388. Attempts to influence jurors Section 389. Drawing jurors fraudulently Section 390. Misconduct by officer in charge of jury Section 399. Athletic contests—Bribery of participants, officials, etc. Section 400. Acceptance of bribe by participant, official, etc. Section 401. Gifts or rewards for outstanding play or meritorious service not prohibited Section 402. Forfeiture of monies, properties and assets used in violation of bribery laws Section 403. Issuance of orders and writs pending trial Section 404. Hearing—Judgment of forfeiture—Sale of properties or assets Section 405. Appeals—Disposition of proceeds Section 406. Fees as additional to salaries Chapter 10. Conspiracy Section 421. Conspiracy—Definition—Punishment Section 422. Conspiracy outside the nation against the peace of the nation Section 423. Overt act necessary Section 424. Punishment for conspiracy against the nation Chapter 11. Escapes and Aiding Therein Section 431. Re-arrest of escaped prisoners Section 434. Attempt to escape from penitentiary or jail Section 435. Assisting prisoner to escape Section 438. Carrying into prison or jail things to aid escape Section 439. Concealing escaped prisoner Section 440. Harboring criminals and fugitives—Assisting a sex offender in violation of registration requirements—Unlawful acts—Penalties Section 441. Assisting escape from officer Section 442. Prisoner defined Section 443. Escape from jail, or other lawful custody—Penalty—Juvenile offender Section 444. Additional punishment under rules and regulations of jail or prison after escape Section 445. Escape or attempt to escape from arrest or detention—Removal of monitoring device Section 446. Unauthorized entry into penal institution, jail, etc.—Penalties Chapter 12. Falsifying Evidence Section 451. Offering false evidence Section 452. Deceiving witness Section 453. Preparing false evidence Section 454. Destroying evidence Section 455. Preventing witness from giving testimony—Threatening witness who has given testimony Section 456. Bribing witness—Subornation of perjury Chapter 13. Forging, Stealing, Mutilating and Falsifying Judicial and Public Records and Documents Section 461. Larceny or destruction of records by clerk or officer Section 462. Larceny or destruction of records by other persons Section 463. Offering forged or false instruments for record Section 464. Forging name to petition—Penalties Chapter 14. Reserved Chapter 15. Perjury and Subornation of Perjury Section 491. Perjury defined—Defense Section 492. Oath defined Section 493. Oath of office Section 494. Irregularities no defense Section 495. Incompetency no defense Section 496. Contradictory statements as perjury Section 497. Making deposition or certificate Section 498. Degree of proof required Section 499. Defenses to charges of perjury Section 500. Perjury as a felony Section 501. Summary committal of witness Section 502. Witness bound over to appear Section 503. Documents may be retained Section 504. Perjury by subornation—Felony—Attempted perjury by subornation Section 505. Punishment of subornation of perjury Chapter 16. Rescues Section 521. Rescuing prisoners Section 522. Taking goods from legal custody Chapter 17. Other Crimes Against Public Justice Section 531. Destruction or falsification of records Section 532. Permitting escapes Section 533. Refusing to receive or fingerprint prisoners—Medical exceptions Section 534. Delaying to take before magistrate Section 535. Arrest without authority Section 536. Misconduct in executing a search warrant Section 537. Refusing to aid officer Section 538. Refusing to make arrest Section 540. Obstructing officer Section 540A. Eluding police officer Section 540B. Roadblocks Section 540C. Fortification of access point to place where felony under Controlled Dangerous Substances Act being committed or attempted Section 541. Extrajudicial oaths Section 542. Administering extrajudicial oaths Section 543. Compounding crimes Section 544. Compounding prosecution Section 545. Attempt to intimidate officer Section 546. Suppressing evidence Section 547. Reserved Section 548. Reserved Section 549. Reserved Section 550. Reserved Section 551. Reserved Section 552. Reserved Section 553. Reserved Section 554. Reserved Section 555. Prosecuting attorneys and their partners Section 556. Prosecutor advising the defense Section 557. Attorneys may defend themselves Section 559. Claims for collection, loans or advances on Section 560. Receiving claims in payment of debts Section 561. Application of preceding sections Section 562. Privilege of witnesses in respect to claims or debts sold Section 563. Contempts, direct and indirect—Definition Section 564. Trial court—Power to punish contempt—Censure—Contempt proceedings Section 565. Direct or indirect contempt—Penalties—Cases involving failure to comply with court orders regarding children Section 566. Noncompliance with child support order—Indirect civil contempt Section 567. Indirect contempts—Proceedings Section 567A. Violation of child custody order—Affirmative defense—Emergency or protective custody Section 567B. Failure to Appear for Jury Service Section 568. Contempt—Substance of offense made of record Section 569. Attorneys—Second application to another judge to stay trial Section 573. Fraudulent concealment of property Section 575. Attorneys, misconduct by—Deceit—Delaying suit—Receiving allowance for money not laid out Section 576. Attorney permitting other person to use his name Section 577. Attorneys, use of name lawful, when Section 580. Public officers—Willful neglect of duty a misdemeanor Section 581. Willful omission of duty by officers of the Choctaw Nation Section 584. Prosecuting suit or bringing action or procuring arrest in false name Section 586. Communicating with a convict Section 587. False certificate by officer Section 588. Recording of petit jury proceedings—Listening or observing—Penalty Section 589. False reporting of crime—False reporting of missing child Chapter 18. Assault and Battery Section 641. Assault defined Section 642. Battery defined Section 643. Force against another not unlawful, when—Self-defense—Defense of property Section 644. Assault—Assault and battery—Domestic abuse Section 645. Assault, battery, or assault and battery with dangerous weapon Section 646. Aggravated assault and battery defined Section 647. Punishment for aggravated assault and battery Section 648. Definitions Section 649. Assault, battery or assault and battery upon police officer or other peace officer— Penalties Section 649.1. Certain acts against police dog or police horse prohibited—Penalties Section 649.2. Killing police dog or police horse—Penalties Section 649.3. Harming, mistreating or killing service animal—Willful interference with service animal’s performance—Permitting animal to fight, injure or kill service animal— Penalties—Exemption from registration or license fees Section 650. Aggravated assault and battery upon peace officer Section 650.1. Athletic contests—Assault and battery upon referee, umpire, etc. Section 650.2. Assault or battery upon Corrections, Children and Family Services or Juvenile Services employee or contractor Section 650.3. Delaying, obstructing or interfering with emergency medical technician or other emergency medical care provider—Punishment Section 650.4. Assault and battery upon emergency medical care providers Section 650.5. Aggravated assault and battery or assault with firearm or other dangerous weapon upon emergency medical technician or other emergency medical care provider— Penalty Section 650.6. Assault or battery or assault and battery upon officer of district or appellate court, witness or juror—Penalty Section 650.7. Assault, battery or assault and battery upon school employee or student— Notice—Definition Section 650.8. Felony assault, battery or assault and battery upon employee of facility for delinquent children, juvenile detention center or juvenile bureau Section 650.9. Persons in custody—Placing body wastes or fluids upon tribal employee or contractor Section 650.10. Touching assistive device with intent to harass—Penalties Chapter 19. Attempts to Kill Section 651. Poison, attempt to kill by administering Section 652. Shooting or discharging firearm with intent to kill—Use of vehicle to facilitate discharge of weapon in conscious disregard of safety of others—Assault and battery with deadly weapon, etc. Section 653. Punishment for oth [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Achoctaw_oklahoma%3A2c690a01488f1bd1. Public record. Not legal advice.