3. General Provisions

Tribal code

Ask Donna

What actually matters in this document.

Text

Table of Contents

SECTIONS

1. Definitions

1A. Acronyms

2. Court

3. General Provisions

4, Appeals

5. Interlocutory Appeals

6. Habeas Corpus

7. Mandamus

8. Spokespersons

Section 1 - Definitions

EL AMICUS CUTE, . icc s soe eowsteng es 5 y EURRNE 8 a a CHS 19s ERATE G

1-2 Appellant......... 0. e ence e eee eeeeeneees

LS Appellees. sss esgic 55 5 6 essa 8525. ORDN AS oe wosssneiecn so eb woimewinw et

eet, TOTAEE sFecwnese » = = coomiesoracers = y= eerseadtiae & 9 ¢ BEGGS F 4 & PETS 4 = 2 Eye RENE 44

15 Briefing Schedule ...... 2.0.0... eect eee cnet ee nee e ees

166 ‘Business! Days ¢ wssercsa's ss 5 6 cumsiets 5 9 6 ¥ e NENEAG s ¥ 4 ERONSUAS aia baEedAAS os

1-7 Calendar Days ........ 2... c cece ccc cece cece ence eet e en en teenies

DB (COG s&s € BANNER EG 6 & sendsedecnn #4 0 + enneeuesene ew eo ecnconnvenne a 4-8 ecnseceann ens

TD Court ccs ss +s weve 24 a peERE SG Bs Fo EREGIE ¥ OTT AREER 4 4 4 EOEOOES ASS

1-10 Court Reporter . 0.2.0.6... cece cece cece cece cee eect e ene e es

L-ll, Defendant « «cs cnsnsase ss eneweas se see iseea eds dk detec seer naganerse

Te12: Designee: . .. 6 5 serosa vs & verses oy 5 PRONOUN 4 EEE ERNE oT EYRE TS § os

1-13 Docket 2.2.0... cece cece cnet e cent eee e nent been eee

LWIA En Banos sss cnvaswe so een cenaes as bes amass sé 6 ewes s&s so RGA 84s

AFIS; EXGEPHOR. « » - cecssemisw oem cmececeten 6 06 6 steimte|e ooo eADRIECEN oo ae EUETETOIES & 4

1-16 Good Cause... 0.6... ieee cece cence cece renee cnet eee enenees

Tel? Habeas Corpus: . cvscsen cas weceesles 5 3 ecg ueaeals bse ewe REE ose EONAR ees

1-18 Hard Copy... .... 06. c cece cece ccc cence tet e nnn ene e eee

119: Interlocutory « censaaa aos ea cewes sé aad naeia dla ae dc ecleleee 24d asaieleas 44s

1220; Initial. Hearingeessees see ecw ese y 5 63 PRR EF oe KERTwEE o LER ETHEWES SO

1-21 Initial Review .... 2... 0.6 ccc cnet n eee n teens

1522 Tes Cigsss ss sc xenaeg aa & § eUU RES » BoE ERG (S FEE CeRIRG So se SEERORE SEES

1-23 Jurisdiction ...... 0... center e nent e ene eeneneee

1-24 Legal Memorandum «4.6. cciii cic e i cae e ieee essences cece ene enee ees

1225) Mandamus. . v sccsses os oo cwwartele oo 5 eweneees s be ewenee ta 458 HETERO E sO

1-26 Mandate........ 2.0... c cece cece ence cece eee ete ee ene nee enenens

BeO7) Mothotis « «ss warescmes 3 5 4 # PER EREG § 6 8 & ER WIEE aS 6 48 EERES 6 4 ed URES Ba ee

1-28 Oral Record... 1.0.6... n ence cence eee enenes

1:29, Original Process) 2.345 6% weseaee 59 2 2 pwcweals ss cower sass Cae oa ee

1-30 Panel... 2.2... cece cece eee ence eee nsec een eens eee eneeeeenee

1231. ‘Perfection’of Appeal: ss ¢ ecesces os 2s eomaawe sls oe cera s ss 4 4 SeeaIES as as

WWOWWWWWNNNNNNNNNNNNNP PRP RPP RPP

COACR - Table of Contents Page 1 of 5

TO2 PRHUONERs «ss eccrine cnncmeeen eee ep EDUSE GEE EE EENADS ED is csmameaene 3

1283) “PPO Seis. 9 x 5 eH RONIA SHEE Hague wo oe mmncehn s oe amaertiae g VG x PHREN EA EE 3

1-34 Published Decision... ... .ccscoi ess cei seeae tices sgnewesceennsenuesees 3

ASOD: Rolie bss 5 3 5 es aiviscteee 6 oo cmmninsnilc es wo cainratey 4440 # REAEIEG E94 8 Pitdaen ene oe 3

1536. Remand « «1 eyscsies 36 cosiewad ds se cnecmwee «| uv wenn ana eapeweest aces 3

1-37 Respondent .......... 0.0 c cece cece cece ccc eveceeueeteuneseeaneees 3

P58 ROG6. 3 a ss peeiiee en ns essences ole « waverorccen vv | ooepeniiots s ¥ YE RIGS a Fae ems 3

1-39 Spokesperson sisi sess owas dee eenene eas fveunau ese cuneressshuneen 4

1-40 StayiOf BXCCUHOR . « . eceny05 4 oe memes FE @ Eavececncece 44 pe wemsereten ta ws wwress 4

1-41 Trial Court....... 0... ccc cece cece ccc neeeneeeneteneenes 4

1-42 Working Copies ....... 000.000 cece cece cece cece cece eeeneeetrneses 4

1-43 WYitS. 1. cece eee nee e cee n nest ea teeeanneetanpess 4

Section 1A - Acronyms

TAL CCAR 2. ccc cee ccc c nee en eee cteneteennneeernnes 4

TAD CCT vgsea sss es 0809005 84 ob edna ee emsemen sa se eawureunn 4 ee PEpET ENS 4

VARS, COI secs oo ec eutectaa 9 5 2 &SeNIRES 99 aCe on oe cameneninn 4 # wonontnnmne « 4

TAA COACR.. 10. cece eer e eect en eet eceeeseeanbteeannes 4

TAS CT CResa es ese cne ees aii edd se ene ce cee neneee econ vueuwn sae eownesunss 4

LA: MAR vices es ss vneniee sons en ee EG £4 E EROETE SET E EilclWisien coe eeceuuce ee 4

TA.7 MFWOM..... 66 cece cece cence ete e eens eeneteneeenes 4

TALB: NOAA cess s 5 9 v wapewing 625 £8 BSE TA be noecneale eo 2» ecnvmoosesein a ao wonsecumvere'e v6 4

TAG NOGA... wee sas evans 5 xe eo RRONGIS 5 He EMONIONS AS EE RCUIEA 8 ss 4

TAO NOTA. 2.0... cece cette teen e tebe cane tebe eans 4

Section 2 - Court

2-1 PUTPOSE.. 6. cette eee e enn e eee n ene eees 4

2-2. Authority to Enact and Applicability of Rules................0...0005 5

2-3. Principles of Construction... 15.2 cc.eree es ce veveava seen ovina aseas 5

2-4 Court Address ...... 06... c cece cece nec c nee n entree en ees 5

2-5 Composition of the Court of Appeals ........... 0.00. c eee e eects 5

2-6 Ent BANC REVIEW coc. 6 6 6 sescssecea os oe eancneny ab a KOEN ET ES a EEE HEME DEE ES 5

2-7 — Clerk of the Court of Appeals... 00.0... cece cece eee e cence eee eens 6

2-8 Administrator soos 35 ¢ ¢ waucue » 6 x bewunn sale oe US! EEE EREOSEE A a ed 6

2-9 Jurisdiction... 0... ccc cece eee eee nee eeeeeenneeeens 6

2-10 Waiver of Formal Requirements. ............ 6.0: c eee e eee n ence e nes 7

Section 3 - General Provisions

BL FHI. cece cece eee e eee se eneseeeeeeeureeenes 7

3-2 PEEBORAL seseecnin ie + 2s tcnincnsense #9 of coment 4 4 x ofommaeraa 5 ¥ ee Ea TEE EE 7

3-3 Hlectronigscies 33 x waswursa 83 9 £ aN a 7 6 A acdeinse ew oe cmon we en eon 7

3-4 Mail... ccc cence eee ene b teen tn eneneneee A

COACR - Table of Contents Page 2 of 5

3-5 Original/Working Documents............000..cccceceeeeeccceeeees 8

3-6 BOrvices ios sy 4 2 050484 64 sx eesdiwinien oo « sesece eins 4 HE o/SINATEAS SE Ehcncsosesen « 8

3-7 Affidavit of Service....... 00... cece cece ccc cece cess eeeeceeeeeeees 8

3-8 BBOB Gicks «2 one vcscoieinne + & ay v werddiy 5 4 EY EBDEGS 37d tveusaime ws s coticmimn ee 8

BO “Walver ss xv eniiaas eos se pensnede oes eovuaren less bgRESEE ES Sidansae eee 8

3-10 Waiver Request, Petitioner ........... 00000 cc cece ce eeeceececceceees 8

3-11 Waiver Request, Respondent ................ 0c cccccccececceeeecs 9

3-12 Income Schedule... . 0.0... eee ccc cece cece ceecceeuaeeneeeeeees 9

BAS: DOGUMEAEE o.:5:0: 5 5 5 vues ix ¥vaanene oe | wnncareretes ae kenseatens 63 4 pts 9

3-14 Copies Required ... 0.0... cc cece ceeeceeneeseeeecees 9

3-15 Record on Appeal... 0.0.6... cece cece cece cece cceeuevneececeees 9

3-16 Review of Record 2.0.0.0... ccc ccc ec ccccceceee cece eeeeeteeeeeeeees 10

3-17 Request for Review... 0... cece cece cece cece cece eeeeeeeeeeeees 10

3-18 Inaudible Record. ........ 6. eee cece cece eee eeeeeeeeeeeeecs 10

3-19 Partial Transcript... 2.6... eee c cece cece cece eeeeeueceeeees 10

3-20 Supplemental Documents ..............0 0 ccc cece eeeecceeeeeecceees 10

BOL THE vscosscen as ss eH RAEN FE FS FEW oe ce rsneman se ae mmimncea see eoareen's 11

3-22 COA Date... 6... cence ec eeeeeeeeeunnneeeeees 11

3-23 Telephonic Appearance ........... 00.0.0 ccc cece cee ceceeeeueeeeeees 11

3-24 Telephonic Hearing ............ 00.0.0 cece cece cc ceeeeeeuneeeuns 11

3-25 Court Costs. .... 0... cece c cece cee eceeeneeeteevevebsnsseeanececes 11

3-26 Motions. .....00... 0. eee c eee c cece ene e ete en eect eneeeeeneeees 11

3-27 Reconsideration............0. cece cee cceccencceeeseuseueceuuceuees 12

3-28 Motion and Affidavit for Reconsideration; Brief.............0.0000005 12

S229 MAR TIM « a vssssorsg 6 9 56 EER Iia oe v2 ecocecorenase oe 0 w asecasacein vo oh ouaseinvonoa aes 12

230 MAR Réspoiiée Brief. . «6 ccsechis ss ee eacaresls 66 OWIRGAS AD EAdaeean ees 12

3-31 MAR Decision ......... 0.6. c cece e cence ence ee eeaeeneenes 12

3-32 Limited Motion .......... 00... cece ee cece eee eee n eee e eee eeees 12

BOS: Matidate . «2 cscs ass ev cveean sss € yuanen als +5 8 REGEN SS aE EPERaS Sa RE 13

3-34 When Issued ....... 0.0 cece cece cence ete cece eee eneeeenees 13

8:35 ‘Stipulation: veseasre sss cweewss 55 ee naisctead sls ce ceecna ene s vumesmuaenes 13

B36: “Tmmicdiate Isstianice: « « « cconcacs hs oes evscores als ¢ SHERRIE 8G EO wRwEES Bass 13

Section 4 - Appeals

4-1 Notice of Appéal.. . . . cosvsssw sys eenwnwas a ale eeenans 3&4 e NHOTON TS 48 BS 13

4-2 Grounds for Appeal .... 20... e eee nee eeneee 14

BB; Bond (Stay cceeiys 5 + x sawesei's y $5 OaRGRAN BF SIE Kaela eee eeeectien a nee cane 15

4-4 Stay of Execution of Judgment ......... 0.0 e ccc e cece cece cee e eee e es 15

45 Failure of Trial Court to Rule on Motion to Stay ............0000eee eee 15

4-6 Motion to Stay,-Decision 0.0... 5 cc.ccy 93s espenwees dea vewnwass vas eees 15

BED BOtvdeOhnnseing 5 5 5 8 yesscmw 8 3 4 6 pnw Tas tlceecapece > ov eceimeunaa noe votes 15

4-8 FREE «os wesecenieie nie eeemiearine a vnc heincecatehs 9 4 RUMEBES Fe & WRNNRIEN a oso CRORE 16

BAD Waliveteneniss 36 5 gi00.0 45 5 bb ecco eo 6 efpinsarece so oe eureniee a 3 oe enema 16

410 Waiver Request, Petitioner...) occce.s ec cceeees se ive vuaesave cease 16

COACR - Table of Contents Page 3 of 5

4-11 Waiver Request, Respondent ........... 000 000cccccccseeeeeeeeeeees 16

4-12 Initial Hearing....... 00... ccc cece cce ccc ceeneeeeneeees 16

4-13 Agreed Order. «os os5i6555 54 slesecnnee eee unusieess veuneenssunypeuns 17

4-14 Brief, WHEN Due 00.000. 0 sy vlewarens s4 se PETG Ad be eevee nne sen ene ven 17

4-15 Brief, Length and Size. .... 20.0. ccc ccc cece cece cuceceveveceeees 18

4-16 Copies Required wisicie asic saueie sons conan cues enccuwenaescenuween’ 18

417 OPGnin® BEE. ccs es sweeter a ye x PEONENE 44 EE UbNA Gs oo cameron e 18

4-18 Response Brief... .... 66... cece cece cece ce eee cteeeeeaneees 18

419 Reply: Briefs ¢ cmawase s 4 44 228d 2 oa « cecasnsje nv eu veumoinran soso oaewe yee 18

4220, AMICUS CUTIE occa nc sc eet 8 84 eg REANAS 45 EE EUSA na ee evenness 18

4-21 Motions for Extension .........0. 0.0. ccc cece cece ccceceeeeuueeuees 19

4-22 Effect if Briefs Not Filed....... 00... cece cece cece ec ceeceeccueeeuues 19

4-23 Oral Arguments......... 0000 c cece cece eee eeeeeceeneeeennneeees 20

4-24 Decision and Opinion with Order ...........0. 000. cece cueeeeeeeeees 20

Section 5 - Interlocutory Appeals

5-1 Notice of Interlocutory Appeal. ........ 00.00 cece cece ene eeneceecs 21

BQ) Written Order ou sic s caiiens $5 oc anaes cae conan eee uvnneuan cect 21

5-3) Oral Order 0.0... cece cece cence neces nets eeneenes 21

5-4 Contents... cence een ene e tenet ane t en eenees 21

BD, Perfected cseaccis as ee gems 65 NESBA ESTE PARRA A A ee cnnesne ees cone 22

5-6 Grounds for Interlocutory Appeal........... 0200s cece eee e eee ee eens 22

BP SOIICR sc newreai 4a ge eRe OHAS oe hee ncecnene oe ale neuen ee enema renee 22

58: Bond; Stay of Execution wise sss. cusseeas sve nenws ss see eueaaecseaeis 22

5-9 FOS cece nen e eben eden eee en enenees 22

B10 “Walvers vasexarea a x ao naa. 8 9 0 Cectencee so ale creme nee ememie cee nae 23

5-11 ‘Waiver. Request, Petitioner... 2. ccvs00us ss eve ewea see eg eeeere ase aan 23

5-12 Waiver Request, Respondent .............0 00 cece eee c eee eee ene e ee 23

5-13 Initial Reviewss sss esis sot coneaae as i le neeman s 2 eRe ROwHa aa eee RaS 23

5414 “Brief Die, Appellatit.....00 ash oaeswwas sv slanmearen sss peantans see ee 24

5-15 Brief Due, Appellee... ... 0... e nent neces 24

5-16 Reply Briefasws sx eameaeaa sah semua 4 4 u eeaieeaan oa ee neweRa aa TET ERS 24

5-17 Brief Content ....... 0... ec eect n teen e tence tent es 24

5-18 Motion for Extension .......... 0... e cece cence eee eee e ene 24

5-19 Effectsif Briefs Not Filed... . « s | woxvswas s oe cevasewy 4 ys auweawe ss oa ces 24

foo ©) Ce (<1 ran 25

Section 6 - Habeas Corpus

6-1 Notice of Habeas Corpus Appeal........... 000s cece een cnet eee eee 25

6-2 Notice: Contents’. wiscccois ss cerpeaewd so gw eeenees se enue ee oF ERTS 25

O-B —- POPFECTE ass 5 5 a bcaiececesese a ow esnrtinininie oa 4 ¥ eaneecioae eo 6 w dhewiuinrere 06 w wlmsacastce 26

6-4 Grounds for Habeas Corpus Appeal ........ 00.00 cece cece ence es 26

COACR - Table of Contents Page 4 of 5

6-6 FOS 2s se pequenees 90 6 oR eoSl oe 2s ccm bv eewacneas a ei exweNEa iat 26

6-7 BOD. . « « ssaresomesss s vs puie ued] § oF eR AOA sb oe wemmaoae ee veeammaunseces 26

6-8 Initial Review. 0.0... e ecu cece cceueeeeceucccuvcencees 26

6-9 Schedles oscars s 3 8 ¢udwiicesnve a fee werneriare oa | wwnsgeWa ba on ERGEAG RE EEL us 26

GAO OPAEE, 2 cevseiscsns ss yp wemeen sw de vances os | camcsuves av x cmunmnmaieneeos 27

Section 7 - Mandamus

7-1 Motion for Writ of Mandamus .........0.00. 00sec cee eecccccecuceece 27

7-2 Notice of Motion for Writ ...........00 000 cc ccc cecccuceeceecevenes 27

7-3 Contents of MFWOM.........0.00 ccc cece ceceeceuceeseceucencencs 27

7-4 Be@B sccuces 3 5 & WaiNeSNHS & EF EERE lace « ¢ 0 0 v vcncesecne ee 4 o aucune sd vv cwnetneens 28

7-5 Bond 2... 0.0... c cece eee e ee eneeeeeeeeecntucuenens 28

7-6 Initial Review. 2.00... cece ccc e cece ce eeeuteeueuenees 28

7-7 SENEGME:, 6. ocssessis 3 9 55 wea 49 i TELE NLe on a 0 ecmsnmrnie a 4 ee erecotene os 28

7-8 Order and Writ of Mandamus ............0 000. cececceccececsucsees 28

Section 8 - Spokespersons

8-1 Spokesperson’s Responsibilities. .........0.00 000 c eee ce ceeeeeeee 28

8-2 Representation at Trial... 66... cece cee ete eet e eens 29

8-3. Withdrawal After Filing. 0.0.0.0... 0.0 c cece cece cece cence eeenes 29

8-4 Notice of Appearance... Lecce ne nee gate eeeseea vas eaneeeeaa sire 29

8-5 Substituted Spokesperson ....... 0... cece cece cee ee ene ene eneeeeae 29

8-6 Additional Spokesperson. .......... 0.0.0 ccc cece eee e eee e teenies 29

8-7 Office Representation. .......... 0.0. cece eee eee eee eee e seen cena 29

8-8 Case Preparation... 2.0.6... ccc cece net e cnet e etn e tee neee 30

8-9 Sanctions:or Contempt veces.) si guswons sia eunteeas se ceieetandaians 30

COACR - Table of Contents Page 5 of 5

1-1

1-2

1-3

1-7

COLVILLE TRIBAL COURT OF APPEALS

COURT RULES

(COACR)

Effective 2023

SECTION 1 - Definitions

AMICUS CURIAE. Friend of the Court. A person, or entity, with a strong interest in or

views on the subject matter of an action, who is not a party to the case. The Court may

grant permission for that person, or entity, to file a brief, usually concerning issues of

broad public interest; or, the Court may invite a party or entity to file a brief.

APPELLANT. The party who files an appeal from a decision of the Tribal Court. The

party may be either the prosecution/plaintiff or defendant/respondent.

APPELLEE. The party in a case against whom an appeal is taken. In Minor-In-Need-Of-

Care cases, appellees are everyone not considered an Appellant.

BRIEF. A written document arguing a case before the COA. It contains a summary of the

facts of the case, pertinent laws, and arguments on how the law applies to the facts

supporting a party’s position. A legal memorandum is not a brief.

BRIEFING SCHEDULE. A time schedule set for the submission of the briefs. All briefs

are due by 3:00 pm on the date specified, unless otherwise ordered by the COA.

BUSINESS DAYS. Business days are days that the COA would normally be at work, i.e.

Monday through Friday, and exclude Saturday, Sunday, and holidays.

CALENDAR DAYS. Calendar days are every day on the calendar, including Saturday,

Sunday, and holidays.

CODE. Colville Tribal Law and Order Code.

COURT. Court of Appeals as established by Colville Tribal Code § 1-1-41 and the

Colville Tribal Constitution, Amendment X.

COURT REPORTER. The COA shall keep a record of all its published decisions in the

Court of Appeals Reporter (CCAR) and the Tribal Reporter (CTCR). Decisions that are

published are distributed to the COA’s web page, and any other entity which the COA has

determined is important to distribute its decisions to.

DEFENDANT. The party against whom relief or recovery is sought in an action or suit or

the accused in a criminal case.

COACR, Enacted June 20, 2023 Page | of 30

1-13

1-14

1-20

1-21

1-22

1-23

1-24

DESIGNEE. Person to whom the Chief Justice appoints as having authority to make

specific decisions when the Chief Justice is unavailable to make those decisions.

DOCKET. Calendar of cases set on the COA day.

EN BANC. Special procedure where all the justices on the COA bench hear a case. Only

enacted when the issues are especially complex or are of major importance.

EXCEPTION. Objection to order or ruling of Tribal Court. A formal objection by a party

during the trial to an action of the court, i.e. refusing a request or overruling an objection,

implying that the party excepting does not agree with the decision of the court, and may

seek to procure a reversal of the decision.

GOOD CAUSE. Legally sufficient ground or reason.

HABEAS CORPUS, Writ of. Name given to a variety of writs which serve to bring a party

before a court or judge. The primary function of the writ is to release the party from

unlawful imprisonment.

HARD COPY. A hard copy is a printed copy of information on paper. It may be the

original document or copies of the original document.

INTERLOCUTORY. Provisional; interim; temporary; not final. Something intervening

between the commencement, and the end of a suit which decide some point or matter, but

is not a final decision of the whole controversy. Involves a controlling question of law as

to which there is substantial ground of difference of opinion and that an immediate appeal

from the order may materially advance the ultimate termination of litigation.

INITIAL HEARING. First hearing after an appeal has been filed. After hearing from the

parties, the COA may decide to move forward, limit the issues, or deny the appeal.

INITIAL REVIEW. In certain cases, the Chief Justice will review the case to determine if

there is sufficient basis shown to proceed with the appeal.

ISSUE. A single, certain, and material point, deduced by the allegations and pleadings of

the parties, which is affirmed on the one side and denied on the other. A fact, put in

controversy/question by the pleadings; such may either be issues of law or fact.

JURISDICTION. Area of authority. Area in which a court has authority and power over

or types of cases brought before it.

LEGAL MEMORANDUM. A legal memorandum is a document that contains the results

of your research. It is more focused on facts, objectivity of the case, and the applicable

laws. It is used to help create strategy for winning the case. It is read internally and is not

seen by the judges or opposing spokespersons.

COACR, Enacted June 20, 2023 Page 2 of 30

1-25

1-26

1-27

1-28

1-29

1-30

1-31

1-32

1-33

1-34

1-35

1-36

1-37

1-38

MANDAMUS, Writ of. Traditionally issued in response to abuses of judicial power.

Thus where a Tribal judge refuses to take some action he is required to take or takes some

action he is not empowered to take, a party may file a writ of mandamus to compel the

judge to comply.

MANDATE. Written notification by the Court Clerk to the reviewed court and the parties

that a final terminating appellate decision has been entered, so that the reviewed court

may assume jurisdiction over the matter.

MOTION. Application made to a judge or court for purpose of obtaining a rule or order

directing some act to be done in favor of the applicant. Notice is always given to the

opposing party prior to any review by the COA.

ORAL RECORD. The electronic record of the hearing from the Tribal Court.

ORIGINAL PROCESS. Process is the means used by the court to acquire or exercise its

jurisdiction, i.e. personal service at the beginning of a case. Service on the opposing party

is effected when the pleadings are sent to the last known address as found in the original

trial court file.

PANEL. The three Justices appointed by the Chief Justice, or his designee, to an appeal

are be designated as the Panel.

PERFECTION OF APPEAL. Completion of all the steps necessary to file an appeal with

the COA. Includes Notice, Service, submission of Fees or Waivers, submission of Bond

or Waivers, and any other requirements that are stated in the COACR or Code.

PETITIONER. Party who files a petition to the court, against another person, for an

action that the Petitioner is requesting relief.

PRO SE. Acting on one’s own behalf, without representation by a spokesperson.

PUBLISHED DECISION. Any decision which is of importance to the Colville Tribes or

the legal community may be published. Discretion to publish is with the Chief J ustice or

the presiding justice of the panel.

RELIEF. The general designation of what a party wants to court to do. It may be specific

performance, injunction, or some other act that the court is authorized to impose.

REMAND. The process of sending back to the same court out of which the action was

taken for the purpose of having some further action taken on it there.

RESPONDENT. The party who is in opposition of the petitioner.

RULES. Rules adopted by Colville Tribal Court of Appeals.

COACR, Enacted June 20, 2023 Page 3 of 30

1-39

1-40

1-41

1-42

1A-1

1A-2

1A-3

1A-4

1A-5

1A-6

1A-7

1A-8

1A-9

1A-10

2-1

SPOKESPERSON. A person who has successfully passed the Colville Tribal Bar and

who is representing a party in a case. A spokesperson need not be an attorney.

STAY OF EXECUTION. The stopping of execution of a judgment for a limited period of

time, usually until the appeal has been decided and returned to the court.

TRIBAL COURT. Tribal Court, and other such lower courts, as established by Colville

Tribal Code § 1-1-40 and the Colville Tribal Constitution, Amendment X.

WORKING COPIES. Copies of the original document, submitted and distributed to each

of the justices on a panel, to allow them to markup their copy. Three working copies must

be submitted for each document filed in the COA, unless otherwise allowed by the COA.

WRITS. An order issued from a court requiring the performance of a specified act, or

giving authority to have it done. See Mandamus, Habeas Corpus.

Section 1A - Acronyms

CCAR. Colville Court of Appeals Reporter.

CCT. Confederated Tribes of the Colville Reservation.

COA. Court of Appeals.

COACR. Court of Appeals Court Rules.

CTCR. Colville Tribal Court Reporter.

MAR. Motion and Affidavit for Reconsideration.

MFWOM. Motion for Writ of Mandamus.

NOA. Notice of Appeal.

NOHCA. Notice of Habeas Corpus Appeal.

NOIA. Notice of Interlocutory Appeal.

SECTION 2 - Court

PURPOSE. The purpose of these rules shall be to establish uniform rules for appeals filed

in the Colville Tribal (CCT) Court of Appeals (COA), and to give guidance to all parties and

spokespersons, in procedures and requirements to be followed in cases before the COA.

While the rules are specific, the COA may allow flexibility in their application.

COACR, Enacted June 20, 2023 Page 4 of 30

2-3

2-5

2-6

AUTHORITY TO ENACT AND APPLICABILITY OF RULES. The following Rules of the

COA for the Confederated Tribes of the Colville Reservation (hereinafter COACR) are

enacted pursuant to Tribal law and the Constitution of the Confederated Tribes of the

Colville Reservation, Amendment X. These Rules of the COA apply to each case filed with

the COA, unless modified for good cause, at the discretion of the Chief Justice or Presiding

Justice of an appellate panel.

PRINCIPLES OF CONSTRUCTION. These rules shall follow the Principles of Construction

listed in the Colville Tribal Law and Order Code at § 1-1-7.

COURT ADDRESS. The official address of the COA is: 3 Joe Moses Road, P O Box 150,

Nespelem WA 99155. For a timely response, all correspondence should be addressed:

“Attention: Court of Appeals Clerk.”

COMPOSITION OF THE COURT OF APPEALS. The COA consists of a panel of

individual justices appointed by the Colville Tribal Business Council for terms of six years,

including one Chief Justice and the others being Associate Justices, appointed consistent

with Amendment X of the Colville Tribal Constitution.

The Chief Justice of the COA shall assign an appellate panel of three justices for each case

filed as the presiding Panel for the duration of the case, unless these rules specify differently.

If the Chief Justice is not on the Panel, he shall designate one associate justice to act as

Presiding Justice on the Panel.

The Presiding Justice of each panel may enter preliminary and/or administrative orders for

the timely administration of the case without the signature or concurrence of the other two

justices. All major decisions of the COA shall be by majority vote.

EN BANC REVIEW. In cases in which the Chief Justice or the appellate panel determines

the issues on appeal are of major importance to the Tribal membership, or when a threemember panel of justices are unable to reach a decision, the Chief Justice may empanel all

of the justices of the COA for an en banc panel to decide the issues on appeal.

Any party to an action before the COA may make a motion to the COA for an en banc

hearing. Any motions made under this section shall be made at or before the initial hearing

in the case.

COACR, Enacted June 20, 2023 Page 5 of 30

2-7

2-9

CLERK OF THE COURT OF APPEALS. There shall be at least one clerk of the COA. The

Clerk of the COA shall be under the direct supervision of the Administrator. The Clerk shall

perform the following duties, which include, but are not limited to: accept documents for

filing with the COA; maintain the files of the COA and process documents as necessary for

the administration of those files; maintain a record of the status of open cases and the justices

assigned to each case; attend all hearings and keep records of the proceedings; assist the

justices in research and drafting of opinions/orders as requested by the Chief Justice or

Presiding Justice of each panel; distribute final decisions to the parties and to pertinent law

reporters, as designated by the Chief Justice or Presiding Justice; and perform other duties

as assigned by the Chief Justice for the efficient operation of the COA.

ADMINISTRATOR. There shall be at least one Administrator of the COA. The

Administrator of the COA shall be under the direct supervision of the Chief Justice. The

Administrator’s duties shall include, but not be limited to: maintain all budgetary

requirements of the COA; assist and/or supervise the Clerk in any duties, as needed; maintain

the COA Court Reporter and be responsible for publication of pertinent cases; and assist the

justices in research and writing, as needed.

JURISDICTION. The COA shall have jurisdiction to hear and determine appeals from the

Colville Tribal Court’s final judgments, sentences, and disposition orders, pursuant to

Amendment X of the Colville Tribal Constitution.

(a) For purposes of filing an appeal with the COA, “final” orders and decisions set out above

are the written orders or decisions issued by the Tribal Court that dispose of the substantive

issues, and not the oral bench orders entered in the matter to be appealed.

(b) The COA will not entertain issues on appeal that have not been fully developed and ruled

on by the Tribal Court. As set out in Rule 4-2, and found in the Tribal law, appeals based on

errors of law require an exception on the record in order to be considered as perfected for

appeal.

reasonable time, and one of the parties to the action has made a written motion for the

issuance of a final order which was not dealt with by the Tribal Court within a reasonable

time, any party may petition the COA for a Writ of Mandamus to require the Tribal Court

to issue a final written order. The Petition for a Writ of Mandamus may be heard by the Chief

Justice or his designee.

COACR, Enacted June 20, 2023 Page 6 of 30

2-10

3-1

3-4

(d) The COA shall have jurisdiction to hear interlocutory appeals for issues that concern

controlling issues of law for which there is 1) substantial difference of opinion and where a

determination will materially advance the ultimate termination of the case; 2) where there

is a significant question of law under the Tribal Constitution; or 3) where there has been a

significant error of law committed at the Tribal Court which renders further proceedings

useless.

WAIVER OF FORMAL REQUIREMENTS. Upon a finding of good cause by the COA in

writing, the COA may extend the time for filing an appellate brief, accept a brief or pleading

which does not conform to the formal requirements set out herein, but which is legible and

understandable, or modify the procedural requirements set out herein in order to insure that

a fair and just determination of the appeal on its merits can be made from the record. The

order issued herein shall state the reason(s) the waiver has been granted.

SECTION 3 - General Provisions

FILING. All papers required or permitted to be filed in the COA shall be filed as an

ORIGINAL and THREE WORKING COPIES. All documents will be filed with the COA

Clerk or with the Tribal court within the time limits specified.

PERSONAL. A party may file any document with the COA by personally coming to the

COA and giving it to the COA Clerk. If the COA Clerk is unavailable, the document may

be left with any of the Tribal Court clerks. The COA will accept the “Filed” stamped date

and time by the Tribal Court time clock.

ELECTRONIC. Because of the remoteness of the Court and limited resources of some

parties, supplemental filing may be allowed in order to meet filing deadlines. Filing may be

accomplished by electronic mail (e-mail) or fax. Filing shall not be timely unless the

documents are received by the COA Clerk within the date and time fixed for filing. Only one

copy of the filing will be sent by e-mail or fax. The party filing by e-mail or fax is

responsible for service of the document on all other parties to the case pursuant to the Tribal

laws and these court rules. There shall be a 20-page limit on any document sent by e-mail or

fax, unless advance approval is granted. The hard copy of the original and three working

copies must be received by the COA within five business days of the sending of the e-mail

or fax.

MAIL. Any party may serve documents through the U. S. Postal Service by 1* class mail to

the last know address of the recipient. The documents, including affidavits or service, must

COACR, Enacted June 20, 2023 Page 7 of 30

3-5

3-6

3-7

3-8

3-9

3-10

be received by the COA within the time limits specified. The date stamped by the Postal

Service will not be considered as timely, except in exceptional circumstances, as it is not the

date received by the Court or recipient.

ORIGINAL/WORKING DOCUMENTS. The original document and the three working

copies must be received by the Clerk of the COA within five business days of the filing by

electronic filing, or the filing date will be changed to the actual date of the filing of the

original document.

SERVICE. Copies of all papers filed by any party shall, at or before the time of filing, be

served on all other parties to the appeal or their spokesperson. Service may be personal,

electronic, or by mail. Personal service includes delivery of the copy to the opposing party,

a secretary or other responsible person at the office of the opposing party’s spokesperson.

Personal service shall be made by a person not a party to the action. Service by mail shall be

by first class mail to the last known address of the party. Electronic service shall be to the

known e-mail address or the last known fax number of the party or spokesperson.

AFFIDAVIT OF SERVICE. Documents presented for filing shall contain an

acknowledgment of service by filing an Affidavit of Service. The Affidavit of Service shall

include the case name; case number; name of the document; legible name of person serving

the Affidavit and his signature; legible name of the person being served with the Affidavit;

and the time, date and location of the service. If the Affidavit of Service is not presented with

the document it must be filed within three business days of the filing of the document.

FEES. Fees will be charged in all appeals, with specific exemptions. Fees will be submitted

to the COA Clerk or may be left with the Tribal Court clerk, who will then submit the fee to

the COA within five business days. Specific fees required are listed in each section of these

rules.

WAIVER. In cases where the appellant has insufficient assets and income to pay the filing

fee, or where such payment would work an undue hardship, the Chief Justice or his designee,

may waive part or all of the fee.

WAIVER REQUEST, Petitioner. Any appellant who feels he is eligible for a waiver of a

filing fee may make a motion to the COA for an order waiving the fee. The motion shall be

accompanied by a signed affidavit setting forth petitioner’s assets, income, debts, and

expenses. Forms will be provided to the appellant upon request made to the COA. If a

finding of indigency has already been made for the petitioner/appellant at the trial level, the

appellant may file with the COA a copy of the order waiving the filing fee from the Tribal

COACR, Enacted June 20, 2023 Page 8 of 30

3-11

3-12

3-13

3-14

3-15

Court along with an affidavit (Affidavit: No Substantial Change in Circumstances) stating

there have been no substantial changes to his financial circumstances since the order was

entered.

WAIVER REQUEST, Respondent. If the appellant was the respondent at the Tribal Court,

he must file a motion if he wishes a waiver or reduction of the filing fee. The “Affidavit: No

Substantial Change in Circumstances” does/will not apply, unless it concerns a cross-claim.

The waiver motion must be accompanied by a signed affidavit setting forth petitioner’s

assets, income, debts, and expenses. Forms will be provided to the appellant upon request

made to the COA.

INCOME SCHEDULE. The COA shall adopt a schedule showing the maximum income and

assets for which a waiver by the COA shall be mandatory. Real property held in trust by the

United States shall be excluded as an asset. Assets and income exceeding the maximum

amount in the Income Schedule will not preclude the COA from granting such a

reduction/waiver because of other circumstances. The reduction/waiver will be at the

discretion of the Chief Justice or his designee.

DOCUMENTS, Specifications. Documents which are not clearly legible may be stricken by

the COA. Documents shall be on paper 84x11 inches (letter-size) and contain a one-inch

margin on all sides. Documents shall have writing and/or pictures on only one side of the

page. If more than one page, each page of the main document must be sequentially

numbered. Cited case law will not have to be numbered if the case law already has

numbering.

COPIES REQUIRED. The parties shall provide an original and three legible copies of each

document filed in the COA, with proper service on the opposing party(ies). The filing party

will also provide four copies of pertinent laws, cases, treatises, regulations, rules, instruction,

and any other authorities cited in their documents for the appellate panel (one attached to the

original document and other three attached to the working copies), provided that no copies

are required for any cases cited from the Colville Tribal Court of Appeals Reporters (CCAR

or CTCR). Any legal authority cited shall adhere to standard legal citation rules.

RECORD ON APPEAL. The record on appeal shall consist of all documents contained in

the Tribal Court file which directly pertain to the issues identified in the Notice and the oral

record. The oral record is the electronic recording of hearings and the trial proceedings.

Documents shall be copied from the Tribal Court file by the COA Clerk and shall be made

a part of the COA file. The parties shall receive notice of the documents retrieved from the

Tribal Court file.

COACR, Enacted June 20, 2023 Page 9 of 30

3-16

3-17

3-18

3-19

3-20

REVIEW OF RECORD. It will be at the discretion of the COA if it will review the oral

record. If the COA determines that the oral record needs to be reviewed, it will request the

record from the Tribal Court. The oral record shall be sent electronically in a manner

acceptable to the COA. The parties may receive one copy of the oral record without charge.

Any additional records may be charged a nominal fee. A party may make a motion for a

written transcript, which, if granted, will be made at the sole expense of the requesting party.

REQUEST FOR REVIEW. If either party wishes the COA to review the record, that party

shall provide to the COA, by motion and affidavit, a designation of the electronic record to

be copied in the proposed briefing order. If granted, the COA shall request copies of the

designated recordings for the COA and the parties. There shall be no charge for the first

recording requested for the parties. Any subsequent recordings of the same record may be

subject to fees charged by the Tribal Court, at it’s discretion.

INAUDIBLE RECORD. If the COA finds the copy of the electronic recording is inaudible

it may require the appellant to file a certified written transcript of the relevant parts of the

original record, if such a transcript can be made. If not, the case may be vacated and

remanded to the Tribal Court for a new hearing so that an adequate record may be made.

PARTIAL TRANSCRIPT. The parties may jointly present a written transcript of the

electronic record that they relevant to the issues identified in their case on appeal. The partial

transcript shall be submitted to the COA with signatures of all parties stating, to the best of

their knowledge, it is a true and correct copy of the portions of the electronic record

transcribed relevant to the appeal. Notice that a partial transcript shall be served promptly on

the Tribal court for review no later than the Initial Hearing. The Tribal Court has 20 calendar

days from the Notice to present its comments regarding the submitted partial transcript. If

no comments are submitted by the Tribal Court after 20 calendar days the partial transcript

will be presumed to be correct.

SUPPLEMENTAL DOCUMENTS. The parties may give notice before or at the initial

hearing of any further documents from the trial record they wish the COA to consider.

(a) If a party to an appeal wants to supplement the record from the Tribal Court file, he must

file and serve a Motion and Affidavit to Supplement and attach a list of the documents

requested, not less than ten calendar days prior to the Initial Hearing (if the documents are

needed to determine if the appeal should move forward or not) or he may be submit them at

the Initial Hearing (if the documents are only necessary for briefing purposes).

COACR, Enacted June 20, 2023 Page 10 of 30

3-21

3-22

3-23

3-24

3-25

3-26

(b) If any party does not agree to the proposed supplementation of the record, he must file

and serve an objection within five business days after receipt of the Motion and Affidavit to

Supplement, but not less than one business day prior to the Initial Hearing. Each document

listed must be identified by the title of the document, the date signed or filed, and any other

identifier that will help the clerk pull the correct document from the Tribal Court file.

within five business days from receipt of the Motion.

(d) The COA may decide the matter on the written material or it may order a hearing to be

held.

TIME. Time shall be calculated in accordance with Law and Order Code § 1-1-366, unless

otherwise specified in these rules. Business days will be designated as Monday through

Friday, excluding holidays. Calendar days will be designated as all days, Sunday through

Saturday, not excluding holidays.

COA DATE. The COA holds hearings on the third Friday of every month, unless extreme

exceptional circumstances arise and are approved by the Chief Justice, or his designee.

TELEPHONIC APPEARANCE. Any party may make a motion for a telephonic appearance

call in lieu of personally attending a hearing. The motion and affidavit must specify

extraordinary circumstances to show why the person should appear by telephone. Such

motions may be granted at the discretion of the COA.

TELEPHONIC HEARING. Ifa party or parties wish to have a hearing held by telephonic or

online means, a motion for such hearing must be filed at least ten business days prior to the

scheduled hearing and must specify the extraordinary circumstances for the request. A joint

motion may be made. If granted, the Court may require the moving party to assume the costs

of the telephone call and be responsible for setting it up.

COURT COSTS. In any case where the COA has found it to be frivolous, the COA may

impose such costs as the interests of justice dictate, which may include, but are not limited

to, the actual costs of convening the COA. When considering the imposition of costs, the

COA shall consider the nature of the claim, the finances of the parties, and any other

potential hardship such costs may impose on the litigants.

MOTIONS. A written motion shall be filed and served on all other parties no later than five

business days prior to the time specified for the hearing or time deadline which the motion

COACR, Enacted June 20, 2023 Page 11 of 30

3-27

3-28

3-29

3-30

3-31

3-32

addresses, unless a different period is fixed by these rules or by order of the COA or for good

cause shown. Motions shall be supported by affidavit, which shall be served with the motion.

Opposing motions and affidavits shall be filed and served on all other parties no later than

one business day prior to the hearing or time deadline, unless the COA permits them to be

filed at some other time. All motions shall cite governing rules and/or laws of the Colville

Tribes. Motions for which no time deadline is apparent may be filed at any time. Opposition

to those motions must be filed within five business days of service of the original motion.

All motions shall be legible and signed with the movant’s name legibly printed below the

signature. The COA case number must be included. If the Motion is illegible or COA is

unable to decipher the name of the movant, the motion may be declined for filing by the

COA. The party submitting the motion will be notified of this action.

RECONSIDERATION. Any party who is in disagreement with the final decision of the

COA, except for decisions on motions for reconsideration, may request that the COA review

its decision.

MOTION AND AFFIDAVIT FOR RECONSIDERATION; BRIEF. A party requesting

reconsideration of a decision must file a Motion and Affidavit for Reconsideration (MAR)

with service on all other parties. The MAR must be accompanied by a brief which states with

particularity the points of law which the moving party contends the COA overlooked,

misapprehended or wrongly decided. The brief shall be limited to five pages in length, unless

otherwise authorized by the COA. Accompanying legal authority shall not count towards the

page limit.

MAR TIME. The MAR must be filed and served within ten calendar days of service of the

decision or order. Proof of service on all parties must accompany the MAR.

MAR RESPONSE BRIEF. Within ten calendar days after service of the MAR, opposing

party may file a response brief to such motion, with service on the moving party. The

response brief shall be limited to five pages in length, unless otherwise allowed by the COA,

and shall be similar in form to the moving party’s brief. Proof of service on all parties must

accompany the response brief.

MAR DECISION. The MAR shall be decided on the briefs filed. No oral argument will be

allowed unless ordered by the COA.

LIMITED MOTION. Only one MAR shall be considered by the COA, and thus, even if the

COA modifies its original decision or changes the language in its opinion in response to one

COACR, Enacted June 20, 2023 Page 12 of 30

3-33

3-34

3-35

3-36

4-1

party’s MAR, no party may file a motion for further reconsideration. The COA’s order on

reconsideration is final and not subject to any further review.

MANDATE A “mandate” is the written notification by the Clerk to the Tribal Court and to

the parties of a final appellate decision terminating further review.

WHEN ISSUED. The Clerk will issue the mandate no less than 15 calendar days after the

final decision, opinion or order, of the COA has been distributed and/or published, unless a

Motion for Reconsideration has been timely filed.

STIPULATION. The mandate may be issued upon receipt of a stipulation by the parties that

a Motion for Reconsideration will not be filed.

IMMEDIATE ISSUANCE. Mandates may be issued immediately when an appeal has been

dismissed upon a motion to dismiss by the appellant or when otherwise ordered by the COA.

SECTION 4 - Appeals

NOTICE OF APPEAL. A party shall initiate an appeal by filing a written Notice of Appeal

(NOA) with the Tribal Court or COA within 30 calendar days from the entry of the final

judgment, sentence, or disposition order. The 30 days shall not include the date of entry of

the order. If the NOA is filed at the Tribal Court, the Tribal Court shall forward the NOA to

the COA within five business days of filing.

(a) The NOA shall be a written notice which states the name of the case and indicate the

party’s intention to appeal. It must also state the specific ruling being appealed and the

grounds for appeal stated below.

(b) A NOA shall be titled as such and shall include:

(1) The name of the parties and their spokespersons, if any. The party filing the

appeal shall be designated the appellant and the party responding to the appeal shall

be designated the appellee. In minor-in-need-of-care cases, the filing party shall be

designated the appellant, and all other parties involved in the case shall be designated

as appellees;

(2) The Tribal Court case number, date and nature of the decision appealed;

(3) Those parts of the decision which the party wants reviewed;

COACR, Enacted June 20, 2023 Page 13 of 30

4-2

(4) Each error of law or procedure being appealed and how it affected the outcome

of the case;

(5) A statement that the Appellant has assured the Tribal Court that the judgment will

be satisfied if affirmed or that the Appellant has asked for a waiver/reduction of the

bond, if required;

(6) The relief or order requested; and

(7) Current contact information for the parties, or spokesperson, including physical

address, mailing address, and phone number. The parties are responsible for keeping

the COA notified of their respective current contact information. Failure to keep the

COA apprised of this information may result in adverse rulings if the party fails to

appear for a hearing or fails to timely respond to motions or other pleadings. If the

COA sends mailings to the last known address and the mailing is returned, no further

mailings will be sent until the party notifies the COA of his/her correct address.

(d) An appeal is perfected when all of the applicable elements of these rules are met.

GROUNDS FOR APPEAL. Grounds for requesting a new trial or a limited appeal on issues

of law and/or fact shall be limited to one or more of the following:

(a) Receipt by the jury of any evidence, paper, document or book not allowed by the Court;

(b) Misconduct of the prosecution, judge or jury;

with reasonable diligence and produced at the trial, provided, however, the appellant has

unsuccessfully made reasonable attempts to bring the matter back before the Tribal Court by

using appropriate motions;

(d) Accident or surprise;

(e) Irregularity in the proceedings of the Court, jury, or prosecution, or any order of the

Court, or abuse of discretion, by which the party was prevented from having a fair trial;

(f) Error of law occurring at the trial and excepted to at the time by the party;

(g) That the verdict or decision is contrary to the law and the evidence; or

COACR, Enacted June 20, 2023 Page 14 of 30

4-3

4-4

4-7

(h) That substantial justice has not been done.

When the Notice is based on matters outside of the record, the facts shall be shown by

affidavit.

BOND/STAY. The Tribal Court shall set bond requirements pending the disposition of a

perfected appeal in all cases, pursuant to the Colville Tribal Law and Order Code § 1-2-78,

upon the request of the defendant for a Stay of Execution of Judgment pending the filing and

perfection of an Appeal.

STAY OF EXECUTION OF JUDGMENT. The appellant in any case may request, and the

Tribal Court may grant, a stay of execution of the judgment pending the appeal. Except when

the appellant is the Tribe or any of its subdivisions, agents, enterprises, or officers acting in

their official capacity, the Tribal Court may require as a condition to the granting of such a

stay, that the appellant post a bond, or guarantee control by the Tribal Court of sufficient

assets of the appellant to satisfy the judgment in the event it is affirmed.

FAILURE OF Tribal COURT TO RULE ON MOTION TO STAY. In instances when the

Tribal Court has failed to rule on a written motion to stay in a reasonable time, any party

may petition the COA for a Writ of Mandamus to require the Tribal Court to rule on the

Motion to Stay. The Petition for a Writ of Mandamus may be ruled on by the Chief Justice

or his designee without going to a COA panel.

MOTION TO STAY, DECISION. Where the Tribal Court has entered a written decision on

the motion to stay, either party may request a review by the COA to determine if the Tribal

Court’s decision should be affirmed or denied. The review will be on the written documents

only, unless the COA decides otherwise. The request for review must be made within ten

calendar days of the written decision.

SERVICE. The appellant is not required to serve a NOA by original process (i.e. personal,

certified mail, or publication). Service is required as follows:

(a) REPRESENTED. If an appellee is represented in the Tribal Court by a spokesperson,

service of the NOA shall be accomplished either by delivering a copy of the NOA to the

spokesperson or by mailing a copy of the NOA to the appellee’s spokesperson of record at

the spokesperson’s last known address shown in the Tribal Court file.

COACR, Enacted June 20, 2023 Page 15 of 30

4-9

4-10

4-12

(b) PRO SE. If an appellee is self-represented, service of the NOA shall be accomplished

either by delivering a copy of the NOA to the appellee or by mailing a copy of the NOA to

the appellee at his/her last known address shown in the Tribal Court file.

three days of the time of the filing of the NOA. Proof of mailing shall be filed with the COA

prior to the Initial Hearing.

FEES. Fees will be charged as follows.

(a) FEES, Civil. Filing fees will be charged in all civil appeals cases except for minor-inneed-of-care cases. The appellant shall be required to pay a filing fee when filing the Notice

of Appeal. The fee shall be $50 and is non-refundable.

(b) FEES, Criminal. No fee shall be required for any criminal appeals.

Tribes of the Colville Reservation, their agents or corporations.

(d) FEES, Minor-In-Need-Of-Care. No fee shall be required for minor-in-need-of -care

appeals.

WAIVER. In cases where the appellant has insufficient assets and income to pay the filing

fee, or where such payment would work an undue hardship, the Chief Justice or his designee

may waive part or all of the fee.

WAIVER REQUEST, Petitioner. COACR 3-10 shall apply to waiver requests under this

section.

WAIVER REQUEST, Respondent. COACR 3-11 shall apply to waiver requests under this

section.

INITIAL HEARING. After the COA has received the Notice of Appeal, but no later than

60 calendar days from such receipt, the COA shall cause the matter to be set on the next

regular COA docket day for the initial hearing as required by Tribal law, unless delayed for

cause. At the initial hearing the appellate panel shall decide:

(a) Whether the facts and/or laws as presented warrant a limited appeal on issues of law

and/or of fact; or

COACR, Enacted June 20, 2023 Page 16 of 30

4-13

4-14

(b) Whether a new trial should be granted, at which time the case will be remanded to the

Tribal Court for a new trial to be set by the Tribal Court in a timely fashion; or

(d) Ifthe COA finds issues exist to allow the appeal to go forward, a briefing schedule shall

be ordered to be prepared by the parties. The briefing schedule shall include the specific

language for the issues being briefed and which part of the oral record will need to be

requested from the Tribal Court. The briefing schedule and a proposed order shall be

submitted within 14 calendar days of the initial hearing. If no briefing schedule is submitted

the provisions of COACR 4-14 shall apply.

(e) If the parties are unable to agree on a proposed schedule, they must notify the COA of

their disagreement and may each submit a proposed schedule. The COA will then issue an

order pursuant to Rule 4-14 and may consider the parties respective submissions.

AGREED ORDER. In lieu of the Initial Hearing, and subject to the discretion of the COA,

the parties may submit an “Agreed Order In Lieu of Hearing” stating the following:

(a) The exact nature of the issues on appeal, citing to specific rulings of the Tribal Court

alleged to be in error;

(b) A designation of the oral record to be reviewed by the COA;

(d) A proposed briefing schedule.

The agreed order stating the above shall be filed no later than seven business days before the

scheduled Initial Hearing in order to give adequate notice to the Justices assigned to the case,

or the agreed order may be denied.

BRIEF, When Due. One original and three working copies of the appellant’s opening brief

shall be filed within 30 calendar days after the Initial Hearing, unless otherwise ordered by

the COA. One original and three working copies of the appellee’s response brief shall be

filed within 20 calendar days after service of the appellant’s opening brief on the appellee.

No reply briefs shall be filed unless authorized by the COA. If authorized, the reply brief will

be due within ten calendar days after service of the response brief.

COACR, Enacted June 20, 2023 Page 17 of 30

4-15

4-16

4-17

4-18

4-19

4-20

BRIEF, Length and Size. Briefs shall not exceed 30 pages in length, exclusive of an appendix

and attachments, except by order of the COA for good cause shown. Briefs which are not

clearly legible may be stricken by the COA. Briefs shall be on paper 8x11 inch (letter-size)

and contain a one-inch margin on all sides. Documents shall have writing on only one side

of the page. If more than one page, each page of the document must be sequentially

numbered. Cited case law will not have to be numbered if the case law already has

numbering. If allowed, the reply brief will be limited to ten pages in length.

COPIES REQUIRED. The parties shall provide four legible copies of the pertinent laws,

cases, treatises, regulations, rules, instruction, and any other authorities cited in their briefs

for the appellate panel (one attached to the original document and three attached to the

working copies), provided that no copies are required for any cases cited from the Colville

Tribal Court of Appeals Reporters (CCAR or CTCR). Any legal authority cited shall adhere

to standard legal citation rules.

OPENING BRIEF. The appellant’s opening brief shall include:

(a) A short statement of the case, including such facts as are material to the issues presented

on appeal, with appropriate references to the record;

(b) A concise argument containing the contentions of the appellant, the reasons therefore, and

necessary supporting legal authority (using standard legal citation rules); and

RESPONSE BRIEF. The appellee’s response brief shall be of like character and arrangement

as that of the appellant’s opening brief, except that no statement of the case is required unless

the appellee finds the statement presented by the appellant to be insufficient or incorrect.

REPLY BRIEF. There will be no reply brief allowed unless specifically authorized by the

COA. Ifa reply brief is allowed, it shall be limited to the issues argued in the opening and

response briefs. Any other issues will not be allowed or considered by the COA.

AMICUS CURIAE. A spokesperson, person, or entity through a spokesperson, may appear

as amicus curiae in any proceeding by request of the COA, or by permission of the COA

upon written request served upon all parties. The request shall set forth the interest of the

applicant in the appeal or proceeding and the name of the party in whose support the amicus

curiae would appear, and is subject to the filing and service requirements of COACR 3-6 and

3-7. The application shall also state whether permission is sought to file an amicus brief or

COACR, Enacted June 20, 2023 Page 18 of 30

4-21

4-22

participate in oral arguments, or both. Any objections to the appearance of an amicus curiae

shall be made by motion within 14 calendar days of service of the application. Approval to

appear as amicus curiae shall be by written order of the COA which shall specify the manner

of appearance by the amicus curiae and state the time for filing of any amicus briefs. An

amicus brief permitted by order of the COA may contain a statement of the case, points and

authorities, and additional argument on any issue raised by the parties in the appeal or as

allowed by order of the COA. Format and service requirement for amicus curiae briefs and

other filings shall be subject to the requirements of these Rules applicable to other parties.

If the amicus brief is not filed timely, the COA may disregard the late brief in its

deliberations.

MOTIONS FOR EXTENSION. Motion for Extending the time to file a brief shall be filed

at least five business days prior to the moving party’s submission deadline, with proof of

service on the other party or parties prior to filing, unless the motion is a joint motion by the

parties. Opposing party must file any objection within two business days of service of the

motion if he does not agree with the motion. If an extension request is not granted or denied

prior to the original brief deadline, all deadlines will be stayed until the COA makes a ruling

on the motion to extend. A written order may be issued immediately or a hearing on the

motion may be set by the COA on the docket of the next scheduled COA date. If the parties

wish immediate notification of the decision, they must submit their e-mail addresses on their

documents. No guarantee will be made that the decision notice will be e-mailed promptly.

It is still the responsibility of the party to contact the COA for such timely notifications.

EFFECT IF BRIEFS NOT FILED. The following applies when briefs are not filed pursuant

to a briefing order:

(a) APPELLANT. If the appellant does not file an opening brief which has been ordered

pursuant to an established briefing schedule, nor request an extension on the filing of the

brief as set forth in Rule 4-21 above, the appeal may be subject to dismissal by the COA.

Appellee may file a brief citing his position to support dismissal of the appeal or a motion

to dismiss.

(b) ISSUES. If the appellant does not brief all of the issues cited in the Notice of Appeal, the

issues not briefed may be considered waived and the appellant may not be allowed to raise

them at oral arguments.

pursuant to an established briefing schedule, nor request an extension on the filing of the

COACR, Enacted June 20, 2023 Page 19 of 30

4-23

4-24

brief as set forth in Rule 4-21 above, the COA may decide the appeal based on the

appellant’s opening brief and the trial record.

(d) ISSUES. If the appellee does not brief all of the issues cited in the Notice of Appeal, the

issues not briefed may be considered waived and the appellee may not be allowed to raise

them at oral argument, if said oral arguments have been scheduled.

ORAL ARGUMENTS

(a) The COA will make its decision based on the written filed documents and records of the

case, and the oral arguments, if heard. Either party may request an oral argument hearing.

The COA may decide to hear oral arguments after determining the issues or after reviewing

the briefs.

(b) If oral arguments are to be heard, they will be set on the next available docket, unless

good cause is shown for a later date.

the initial hearing shall be done by written Motion and Affidavit to the COA. The request

must be filed with the COA no later than the time set for filing the response brief. An

original and three copies must be filed, with notice of service on opposing party.

DECISION AND OPINION WITH ORDER

(a) The COA will issue a written decision or opinion.

(b) All cases shall be decided by a majority vote. Ifno majority can be reached, an order shall

issue stating so, and the Chief Justice shall assign the appeal to another panel or call an en

banc panel.

COA shall send the decision, opinion and/or order to the Tribal Court and serve copies on

the parties.

(d) The decision whether to publish a decision shall rest with the COA. Published opinions

shall involve major issues of law, procedure or be of concern to a large number of

individuals, among other considerations. Non-published opinions shall be of no precedential

value, but may be used as guidance in coming to an informed decision in subsequent matters.

COACR, Enacted June 20, 2023 Page 20 of 30

5-1

5-2

5-3

5-4

SECTION 5 - Interlocutory Appeals

NOTICE OF INTERLOCUTORY APPEAL. An appellant seeking review of an order which

is not a final judgment, sentence or disposition order may petition the COA for an

interlocutory order by filing a Notice of Interlocutory Appeal (NOIA). The NOIA must

include sufficient information to allow the COA to make a determination on whether there

is a sufficient basis to proceed with the interlocutory appeal.

WRITTEN ORDER. If the court has issued a written order, the appellant shall file and serve

a Notice of Interlocutory Appeal (NOIA) within 14 calendar days from the date of entry of

the written order of the Tribal Court.

ORAL ORDER. An appellant seeking review of an oral order which is not a final judgment,

sentence or disposition order and who has filed a motion with the court for a written order

to be issued may seek Interlocutory Review by the COA. Appellant shall file and serve a

Notice of Interlocutory Appeal (NOIA) within 30 calendar days from the date of the filing

of the motion requesting entry of the written order. Appellant must include a copy of the

filed-stamped motion with the NOIA. Appellant may move for a Writ of Mandamus to be

issued at the same time as the NOIA is filed, as per Rule 2-9(c).

CONTENTS. The NOIA shall be titled as such and shall include:

(a) The name of the appellant and his spokesperson, if any. The party filing the interlocutory

appeal shall be designated the appellant and the party responding to the interlocutory appeal

shall be designated the appellee;

(b) The Tribal Court case number, date and nature of the decision appealed from;

will affect the outcome of the trial if left unresolved until after final judgment;

(d) An explanation of how the error of law or procedure meets the requirements necessary

for review as an interlocutory appeal;

(e) The relief or order requested; and

(£) Current contact information for the parties, including physical address, mailing address,

and phone number. The parties are responsible for keeping the COA notified of their

respective current contact information. Failure to keep the COA apprised of this information

COACR, Enacted June 20, 2023 Page 21 of 30

5-5

5-6

5-7

5-9

may result in adverse rulings if the party fails to appear for a hearing or fails to timely

respond to motions or other pleadings. If the COA sends mailings to the last known address

as listed in the underlying Tribal Court file and the mailing is returned, no further mailings

will be sent until the party notifies the COA of his/her correct address.

(g) Failure to present sufficient information to the COA may cause the NOIA to be denied.

PERFECTED, When. An Interlocutory Appeal is perfected upon order of the COA when all

requirements have been sufficiently met.

GROUNDS FOR INTERLOCUTORY APPEAL. The following are grounds for

interlocutory appeal:

(a) The Tribal Court has committed an obvious error which would render further proceedings

useless; or

(b) The issue presented involves a controlling issue of law as to which there is substantial

ground for difference of opinion and that an intermediate appeal from the decision may

materially advance the ultimate termination of the litigation; or

proceedings as to call for review by the COA;

(d) It is a significant question of law under the Colville Tribal Constitution; or

(e) The Tribal Court has either granted or denied an affidavit of prejudice for removal of a

judge.

SERVICE. A copy of the NOIA shall be served on the opposing party prior to or within three

calendar days of the filing of the NOIA. Service may be perfected as stated in Rules 3-6 and

3-7.

BOND; STAY OF EXECUTION. There shall be no bond required for interlocutory appeals.

A stay of proceedings may be entered at the discretion of the Tribal Court. Immediate review

of the decision on the stay may be made by the Chief Justice or his designee. The Chief

Justice may affirm, reverse or refer the matter to the Panel for determination.

FEES. Filing fees shall be charged for interlocutory appeals. The filing fee shall be

submitted with the NOIA.

COACR, Enacted June 20, 2023 Page 22 of 30

5-11

5-12

5-13

(a) Civil. Filing fees will be charged in all civil appeals cases except for minor-in-need-ofcare cases. The fee shall be $35 and is non-refundable.

(b) Criminal. No fee shall be required for any NOIA.

of the Colville Reservation, their agents or corporations.

(d) Minor-In-Need-Of-Care. No fee shall be required for minor-in-need-of -care NOIAs.

WAIVER. In cases where the appellant has insufficient assets and income to pay the filing

fee, or where such payment would work an undue hardship, the COA may waive part or all

of the fee. Any appellant who feels he is eligible for such a waiver may petition the COA for

an order waiving the filing fee. The petition shall be accompanied by a signed affidavit

setting forth petitioner’s assets, income, debts, and expenses. Forms will be provided to the

appellant upon request made to the COA.

WAIVER REQUEST, Petitioner. See COACR 3-9.

WAIVER REQUEST, Respondent. See COACR 3-10.

INITIAL REVIEW. Upon filing of the NOIA, the Chief Justice, or his designee, shall review

the NOIA to determine if there are adequate grounds stated to proceed with the interlocutory

appeal. The Chief Justice may find that the determination should be made with the assistance

of other justices, and shall so appoint two justices to assist him. The Chief Justice or his

designee, shall have broad discretion to accept or deny the interlocutory appeal.

(a) If the NOIA meets the criteria for acceptance, the Chief Justice may appoint a panel of

three justices to review the merits of the interlocutory appeal. If justices were appointed for

the initial review, they may remain on the Panel. A briefing schedule shall be made on the

issue(s) identified by the COA. The issues may be decided on the briefs or the COA may

order oral arguments. If a hearing is required, the oral argument date shall be set and notice

given to the parties.

(b) If the NOIA meets the criteria for acceptance, and the issue(s) are of such a compelling

nature that further review is not necessary, the COA may remand the case back to the Tribal

Court for further action consistent with the order of the COA.

COACR, Enacted June 20, 2023 Page 23 of 30

5-14

5-15

5-16

5-17

5-18

5-19

action consistent with the decision of the COA.

(d) The Chief Justice, on his own or with the assistance of other justices, may determine (1)

that the NOIA did not meet the criteria but was of enough significance to merit an initial

review by the COA, or (2) that the NOIA did not meet the criteria and was of such a nature

which might merit sanctions by the COA for frivolousness.

BRIEF DUE, Appellant. One original and three working copies of the appellant’s opening

brief shall be filed within ten calendar days after the Order Accepting the Interlocutory

Appeal is served, unless otherwise ordered by the COA.

BRIEF DUE, Appellee. One original and three working copies of the appellee’s response

brief shall be filed within ten calendar days after the due date of appellant’s opening brief,

unless otherwise ordered by the COA.

REPLY BRIEF. No reply briefs shall be filed unless authorized by the COA.

BRIEF CONTENT. All briefs filed shall have a short statement of the case, including such

facts as are material to the issues presented on appeal; a concise argument, including the

contentions of the appellant; necessary case law and statutes; and a short conclusion stating

the exact relief sought. shall not exceed ten pages in length, exclusive of an appendix, except

by order of the COA for good cause shown. Briefs not clearly legible may be stricken by the

COA.

MOTION FOR EXTENSION. Motions for extension of time to file a brief will only be

granted in exceptional circumstances at the discretion of the COA.

EFFECTS IF BRIEFS NOT FILED. The following applies when briefs are not filed pursuant

to a briefing order:

(a) Appellant. Ifthe appellant does not file an opening brief which has been ordered pursuant

to an established briefing schedule, nor request an extension on the filing of the brief as set

forth in Rule 4-21, the appeal may be subject to dismissal by the COA. Appellee may file

a brief citing his position to support dismissal of the appeal or a motion to dismiss.

(b) Issues Waived. If the appellant does not brief all of the issues cited in the NOIA, the

issues not briefed may be considered waived and the appellant may not be allowed to raise

them at oral arguments.

COACR, Enacted June 20, 2023 Page 24 of 30

5-20

6-1

6-2

to an established briefing schedule, nor request an extension on the filing of the brief as set

forth in Rule 4-21, the COA may decide the appeal based on the appellant’s opening brief

and the trial record.

(d) Issues Waived. If the appellee does not brief all of the issues cited in the NOIA, the issues

not briefed may be considered waived and the appellee may not be allowed to raise them at

oral argument.

ORDER. Upon the completion of the briefs, or after oral argument, the COA will review the

record and issue an Order. The Order will either affirm or deny the Interlocutory Appeal. A

Motion for Reconsideration may be filed by either party, pursuant to COACR 3-27. The

decision to publish the decision will be at the discretion of the COA.

SECTION 6 - Habeas Corpus

NOTICE OF HABEAS CORPUS APPEAL. An appellant seeking appellate review of a

decision of the Tribal Court pertaining to a habeas corpus petition shall file and serve a

Notice of Habeas Corpus Appeal (NOHCA) in the same manner as required for a NOA. The

NOHCA shall be a written notice which states the name of the case and indicates the

appellant’s intention to appeal. It must also state the reasons the appellant believes the

judgment to be in error. The NOHCA must be filed and served within 30 calendar days of

entry of the Tribal Court order granting or denying the writ of habeas corpus.

NOTICE CONTENTS. The NOHCA shall be titled as such and shall include:

(a) The name of the appellant and his spokesperson, if any. The party filing the habeas corpus

appeal shall be designated the appellant and the party responding to the habeas corpus appeal

shall be designated the appellee;

(b) The Tribal Court case number, date and nature of the decision appealed from;

(d) An explanation of how the law the error of law or procedure meets the requirements

necessary for review as a habeas corpus appeal;

(e) The relief or order requested; and

COACR, Enacted June 20, 2023 Page 25 of 30

[OCR skipped on page(s) 31-35]

[Read from a scan; the first 30 pages.]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.