IN THE APPELLATE COURT

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IN THE APPELLATE COURT

OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES OF THE

FLATHEAD NATION, PABLO, MONTANA

PUBLIC NOTICE OF PROPOSED

CHANGES TO APPELLATE

STATUTES AND RULES

NOTICE

The Appellate Court provides notice that it will be requesting amendment of

a number of appellate statutes and rules, and proposing several new rules. The

proposed changes are attached to this notice. Public comments about these proposed

changes can be made by sending an email to Rules.Comment@cskt.org. Public

comments will be accepted through May 10, 2026. After that date the comments

will be collected, and will be presented at a later date to the Tribal Council for

consideration along with the proposed changes.

Dated this 8th day of April, 2026.

_________________________________

Chief Justice James Park Taylor

Draft Proposed Changes to Appellate Court Statutes

and Rules- April 8 , 2026

Appellate Court Ordinance 103-A

Proposed Amendments to statutes and rules

Part 8 – Court of Appeals

Current statute

1–2–802. Administration. (1) The Chief Justice is responsible for the

administrative and fiscal management of the Court of Appeals and

for the presentation of its annual budget proposal to the Tribal

Council. In connection with such management, the Chief Justice

may, on behalf of the Court of Appeals, apply for grants and

contracts to provide supplementary funding. If such applications

require Tribal matching funds for their implementation, prior

approval of the Tribal Council is required.

Proposed Change (changes in RED)

1–2–802. Administration. (1) The Chief Justice is responsible for the

administrative and fiscal management of the Court of Appeals and

for the presentation of its annual budget proposal to the Tribal

Council, or by such other method as the Council may establish.

In connection with such management, the Chief Justice may, on

behalf of the Court of Appeals, apply for grants and contracts to

provide supplementary funding. If such applications require Tribal

matching funds for their implementation, prior approval of the

Tribal Council is required.

Current Statute

1-2-803. Time and format of decision. All decisions, orders, or

judgments of the Court of Appeals shall be rendered in writing by a

majority of the Justices hearing the appeal or special proceeding

and filed with the Appellate Administrator within 60 days of the

date of oral argument or of stipulation by the parties that the

matter will be decided on briefs, without oral argument.

The Justices hearing the matter shall select one Justice, by

consensus, from within the panel to be the primary author of the

opinion. The Justice selected to author the opinion shall render a

draft opinion for review by the remaining panel members by no later

than 45 days after the oral argument or after the date of stipulation

to hear the matter on the briefs without oral argument. Failure of

the primary author to meet the 45 day time frame above shall

constitute neglect of judicial duties and may result in removal.

A Justice who concurs in the result of the majority decision, but not

in its reasoning, may file a concurring opinion simultaneously with

the majority opinion. A Justice who dissents from the result of the

decision may file a simultaneous dissenting opinion. Copies of a

ruling and opinion by the Court of Appeals shall be delivered to the

parties by the Appellate Administrator within one working day of its

filing. Delivery may be made personally or by depositing a copy in

the U.S. Mail, first class postage prepaid. (Rev. 4-1-04)

Proposed Change (changes in RED)

1-2-803. Time and format of decision. All decisions, orders, or

judgments of the Court of Appeals shall be rendered in writing by a

majority of the Justices hearing the appeal or special proceeding

and filed with the Appellate Administrator within 60 days of the

date of oral argument or of stipulation by the parties that the

matter will be decided on briefs, without oral argument.

The Justices hearing the matter shall select one Justice, by

consensus, from within the panel to be the primary author of the

opinion. The Justice selected to author the opinion shall render a

draft opinion for review by the remaining panel members by no later

than 45 days after the oral argument or after the date of stipulation

Appellate Court Ordinance Proposed Amendments

Page 2

to hear the matter on the briefs without oral argument. Failure of

the primary author to meet the 45 day time frame above shall

constitute neglect of judicial duties and may result in removal.

A Justice who concurs in the result of the majority decision, but not

in its reasoning, may file a concurring opinion simultaneously with

the majority opinion. A Justice who dissents from the result of the

decision may file a simultaneous dissenting opinion. Copies of a

ruling and opinion by the Court of Appeals shall be delivered to the

parties by the Appellate Administrator within three working days

of its filing. Delivery may be made personally or by depositing a

copy in the U.S. Mail, first class postage prepaid, or through

electronic means.

All opinions must be signed by the

participating justices, by original or electronic signature. Rev.

4-1-04)

Current Statute

1-2-806. Times of convening. The Court of Appeals will convene

in regular session to hear and decide appeals for four weeks a year,

which shall be the second week of February, April, June, and

October. As necessary, the Chief Justice may call a special session

of the Court of Appeals, schedule and assign opinion preparation,

and adjourn a regular or special session when the business of the

Court is concluded.

Proposed Change (changes in RED)

1-2-806. Times of convening. The Court of Appeals will convene

in regular session to hear and decide appeals for four weeks a year,

which shall be the second week of January, April, August, and

October. As necessary, the Chief Justice may call a special session

of the Court of Appeals, schedule and assign opinion preparation,

and adjourn a regular or special session when the business of the

Court is concluded.

Appellate Court Ordinance Proposed Amendments

Page 3

Current Statute

1-2-807. Rules of Court. To supplement the Rules of Appellate

Procedure at Title I, Chapter 2, Part 9, the Court of Appeals, with

the approval of the Tribal Council, may adopt such rules of practice,

procedure, and administration as may improve or facilitate Court

operations.

Proposed Change (changes in RED)

1-2-807. Rules of Court . To supplement the Rules of Appellate

Procedure at Title I, Chapter 2, Part 9, the Court of Appeals, with

the approval of the Tribal Council, may adopt such rules of practice,

procedure. Rules for the internal administration of the Court

do not require Council approval, but shall be published by the

Court and made publicly available.

Current Statute

1-2-810. Qualifications. Three Justices, including the Chief

Justice, shall be attorneys at law, qualified to practice before the

Tribal Court, with not less than five years’ experience in the practice

of law or on the bench, or a combination or the equivalent thereof.

Indian preference will be applied in the selection of these Justices.

Proposed Change (changes in RED)

1-2-810. Qualifications. Three Justices, including the Chief

Justice, shall be attorneys at law, qualified to practice before the

Tribal Court, with not less than five years’ experience in the practice

of law or on the bench, or a combination or the equivalent thereof.

Tribal preference will be applied in the selection of these Justices.

Appellate Court Ordinance Proposed Amendments

Page 4

Current Statute

1–2–812. Additional powers and duties of Justices. (1) In addition

to the powers and duties expressed in or necessarily implied from

this Part and the Rules of Appellate Procedure,

(a) each Justice has the emergency powers, pending review by the

full Court of Appeals,

(i) upon the Justice's own motion or that of a party, to issue a

citation for criminal or civil contempt of court or other sanction as

may be appropriate in the circumstances to a person appearing

before the Court whose conduct is disruptive, contemptuous, or

otherwise sanctionable, or to a person disobeying an order of the

Court,

(ii) to order the Tribal police to provide for and to maintain the order

and security of the courtroom,

(iii) to stay execution of a trial court sentence, judgment, or

imposition of sanctions pending appeal, and

(iv) to issue a writ of habeas corpus.

(b) Each Justice has the duty

(i) if a lay Justice, to participate in inservice instruction, training, or

consultation with other Justices of the Court and with

organizations offering short courses in appellate work. Topics of

such in–service education shall include, but are not limited to, such

matters as appellate court jurisdiction and procedures, procedures

for original or special proceedings in the Court of Appeals,

limitations on the appealability of issues of law and fact, remedies,

and options for disposition of matters heard,

Appellate Court Ordinance Proposed Amendments

Page 5

(ii) if an attorney Justice, to assist with the in–service training of lay

Justices,

(iii) to attend bench conferences dealing with the cases to which the

Justice is assigned and to prepare or to oversee the preparation of

bench memoranda as assigned, and

(iv) to protect and preserve the high standards of the Tribal

judiciary, and to abide by the Model Canons of Judicial Ethics of

the American Bar Association.

(2) A bench memorandum of law shall be prepared, prior to a bench

conference, for each appeal taken. Such memorandum shall be

produced in a timely fashion by a Justice who is an attorney and a

member of the panel assigned to the case. If sufficient funds are

available, the responsible Justice may delegate the preparation of a

memorandum of law to an individual or firm qualified to provide

legal research assistance.

Proposed Change (changes in RED)

1–2–812. Additional powers and duties of Justices. (1) In addition

to the powers and duties expressed in or necessarily implied from

this Part and the Rules of Appellate Procedure,

(a) each Justice has the emergency powers, pending review by the

full Court of Appeals,

(i) upon the Justice's own motion or that of a party, to issue a

citation for criminal or civil contempt of court or other sanction as

may be appropriate in the circumstances to a person appearing

before the Court whose conduct is disruptive, contemptuous, or

otherwise sanctionable, or to a person disobeying an order of the

Court,

(ii) to order the Tribal police to provide for and to maintain the order

and security of the courtroom,

Appellate Court Ordinance Proposed Amendments

Page 6

(iii) to stay execution of a trial court sentence, judgment, or

imposition of sanctions pending appeal, and

(iv) to issue a writ of habeas corpus.

(b) Each Justice has the duty

(i) if a lay Justice, to participate in inservice instruction, training, or

consultation with other Justices of the Court and with

organizations offering short courses in appellate work. Topics of

such in–service education shall include, but are not limited to, such

matters as appellate court jurisdiction and procedures, procedures

for original or special proceedings in the Court of Appeals,

limitations on the appealability of issues of law and fact, remedies,

and options for disposition of matters heard,

(ii) if an attorney Justice, to assist with the in–service training of lay

Justices,

(iii) to attend bench conferences dealing with the cases to which the

Justice is assigned and to prepare or to oversee the preparation of

bench memoranda as assigned, and

(iv) to protect and preserve the high standards of the Tribal

judiciary, judges shall comply with the American Bar

Association’s Model Code of Judicial Conduct, as amended,

except where inconsistent with Tribal law or court rule.

(2) A bench memorandum of law shall be prepared, prior to a bench

conference, for each appeal taken. Such memorandum shall be

produced in a timely fashion by a Justice who is an attorney and a

member of the panel assigned to the case. If sufficient funds are

available, the responsible Justice may delegate the preparation of a

memorandum of law to an individual or firm qualified to provide

legal research assistance.

Appellate Court Ordinance Proposed Amendments

Page 7

Current Statute

1-2-813. Disqualification, recusement, and unavoidable

absence.

(1) (a) Within 10 days of the time a party to a proceeding is notified

by the Appellate Administrator of the membership of the panel that

is assigned to determine the matter, the party may move the Court

of Appeals for the disqualification of a Justice so assigned. One

such motion shall be granted as a matter of right for each party to

the proceeding.

Proposed Change (changes in RED)

1-2-813. Disqualification, recusement, and unavoidable

absence. (1) (a) Within 10 days of the time a party to a

proceeding is notified by the Appellate Administrator of the

membership of the panel that is assigned to determine the

matter, the party may move that one or more Justices be

disqualified from a panel for bias or other good cause shown. Such

motion shall be supported by an affidavit and, if opposed by a party

or a Justice, shall be heard by a panel of Justices other than those

sought to be disqualified.

Part 9 – Rules of Appellate Procedure

Current Rule

Rule 1. Notice of Appeal (1) An appeal shall be taken by filing a

notice of appeal with the Appellate Administrator, with a copy to the

Clerk of the Tribal Court within 20 days of the date of the final

judgment or order of the trial court. Failure of an appellant to

timely file a notice of appeal is ground for dismissal of the appeal.

Appellate Court Ordinance Proposed Amendments

Page 8

(2) Appeals may be consolidated by order of the Court of Appeals

upon its own motion or upon motion of a party, or by stipulation of

the parties to the several appeals.

(3) The notice of appeal shall specify the party or parties taking the

appeal, and shall designate the judgment, order, or part of either

appealed from.

(4) The Appellate Administrator shall serve notice of the filing of a

notice of appeal by mailing a copy thereof, together with a copy of

the Rules of Appellate Procedure to counsel of record for each party

other than the appellant, or, if a party is not represented by counsel

to the party at his last known address. The Administrator shall note

on each copy served the date on which the notice of appeal was

filed. If an appellant is represented by counsel, such counsel shall

provide the Administrator with sufficient copies of the notice of

appeal to permit the Administrator to comply with the requirements

of this rule. Failure of the Administrator to serve notice shall not

affect the validity of the appeal. The Administrator shall note in the

appellate docket the names of the parties to whom copies have been

mailed, with the date of mailing.

Proposed Change (changes in RED)

Rule 1. Notice of Appeal. (1) An appeal shall be taken by filing a

notice of appeal with the Appellate Administrator within 20 days of

the date of the final judgment or order of the trial court. The

20 days begins to run on the date the clerk mails notice to the

parties of the final judgment or order. Failure of an appellant to

timely file a notice of appeal is ground for dismissal of the

appeal. The Appellate Administrator shall send a copy to the

Clerk of the Tribal Court through the Tribal mail or through

electronic means.

(2) Appeals may be consolidated by order of the Court of Appeals

upon its own motion or upon motion of a party, or by stipulation of

the parties to the several appeals.

Appellate Court Ordinance Proposed Amendments

Page 9

(3) The notice of appeal shall specify the party or parties taking the

appeal, and shall designate the judgment, order, or part of either

appealed from.

(4) The Appellate Administrator shall serve notice of the filing of a

notice of appeal by mailing a copy thereof, together with a copy of

the Rules of Appellate Procedure to counsel of record for each party

other than the appellant, or, if a party is not represented by counsel

to the party at his last known address. The Administrator shall note

on each copy served the date on which the notice of appeal was

filed. If an appellant is represented by counsel, such counsel shall

provide the Administrator with sufficient copies of the notice of

appeal to permit the Administrator to comply with the requirements

of this rule. Failure of the Administrator to serve notice shall not

affect the validity of the appeal. The Administrator shall note in the

appellate docket the names of the parties to whom copies have been

mailed, with the date of mailing.

Current Rule

Rule 2. Stay of Judgment or Order Pending Appeal. (1) When a

criminal defendant files a notice of appeal, any order or judgment

resulting in:

(a) imprisonment;

(b) payment of a fine or restitution; or

(c) probation shall be stayed by the trial court pending the posting

of reasonable bond as ordered by the Court of Appeals.

(2) The filing of a notice of appeal by the Tribal prosecutor in a

criminal case does not stay any order or judgment of the trial court

pending decision of the Court of Appeals.

Appellate Court Ordinance Proposed Amendments

Page 10

(3) In a civil matter, upon the filing of a notice of appeal, a party

may apply to the Chief Justice ex parte for a stay of execution of the

judgment or order. The Chief Justice may grant said stay for such

period of time and under such conditions as the Chief Justice

deems proper, including restraining a party from disposing of,

encumbering, or concealing property. The Chief Justice may also

order the applicant to provide to the court a surety bond,

conditioned for the satisfaction of the judgment or order in full

together with costs, interest, and damages for delay, if the appeal is

dismissed or if the judgment is affirmed.

(4) In an action involving the suspension or termination of parental

rights brought under Title III, Chapter 2, of this Code, an appeal of

a court order or decree does not stay the order or decree appealed

from and does not divest the presiding Tribal Court judge of

jurisdiction to take steps that are necessary in the best interests of

the child and in order to protect the health and safety of the child.

The appellate court may order a stay upon application and hearing

if suitable provision is made for the care and custody of the child. If

the appeal results in the reversal of the order appealed, the legal

status of the child reverts to the child’s legal status before the entry

of the order that was appealed. The child’s prior legal status

remains in effect until further order of the Tribal court unless the

appellate court orders otherwise. (Rev. 9-6-07)

Proposed Change (changes in RED)

Rule 2. Stay of Judgment or Order Pending Appeal. (1) When a

criminal defendant files a notice of appeal, any order or judgment

resulting in:

(a) imprisonment;

(b) payment of a fine or restitution; or

(c) probation shall be stayed by the trial court pending the posting

of reasonable bond as ordered by the Court of Appeals. Absent

Appellate Court Ordinance Proposed Amendments

Page 11

exceptional circumstances, the Court of Appeals shall allow any

bond posted in the tribal court to remain in place pending

appeal.

(2) The filing of a notice of appeal by the Tribal prosecutor in a

criminal case does not stay any order or judgment of the trial court

pending decision of the Court of Appeals.

(3) In a civil matter, upon the filing of a notice of appeal, a party

may apply to the Chief Justice ex parte for a stay of execution of the

judgment or order. The Chief Justice may grant said stay for such

period of time and under such conditions as the Chief Justice

deems proper, including restraining a party from disposing of,

encumbering, or concealing property. The Chief Justice may also

order the applicant to provide to the court a surety bond,

conditioned for the satisfaction of the judgment or order in full

together with costs, interest, and damages for delay, if the appeal is

dismissed or if the judgment is affirmed.

(4) In an action involving the suspension or termination of parental

rights brought under Title III, Chapter 2, of this Code, an appeal of

a court order or decree does not stay the order or decree appealed

from and does not divest the presiding Tribal Court judge of

jurisdiction to take steps that are necessary in the best interests of

the child and in order to protect the health and safety of the child.

The appellate court may order a stay upon application and hearing

if suitable provision is made for the care and custody of the child. If

the appeal results in the reversal of the order appealed, the legal

status of the child reverts to the child’s legal status before the entry

of the order that was appealed. The child’s prior legal status

remains in effect until further order of the Tribal court unless the

appellate court orders otherwise. (Rev. 9-6-07)

Appellate Court Ordinance Proposed Amendments

Page 12

Current Rule

Rule 3. Record on Appeal. (1) The original papers and exhibits

filed in the Tribal Court, any transcript of the proceedings, and a

certified copy of the minute entries prepared by the Clerk of Court

shall constitute the record on appeal in all cases.

(2) Within 5 days after filing the notice of appeal, the appellant shall

order from the court reporter a transcript of such parts of the

proceedings not already on file as the appellant deems necessary for

inclusion in the record. The transcript shall be filed and certified

with the Clerk of the Tribal Court as part of the record on appeal

within 20 days of the filing of the notice of appeal. In all cases

where the appellant intends to urge insufficiency of evidence to

support the order or judgment appealed from, it shall be the duty of

the appellant to order the entire transcript of the evidence and

proceedings. Whenever the appellant appeals a specific finding of

fact by the trial court on the ground of insufficiency of evidence, the

appellant shall be under a duty to include in the transcript all

evidence relevant to such finding. Unless the entire transcript is to

be provided, the appellant shall, within the 5–day period, file and

serve on the respondent a description of the parts of the transcript

which he or she intends to present on appeal. If the respondent

deems a transcript of other parts of the proceedings to be necessary

he shall, within 5 days after such filing and service, order such

parts from the reporter or procure an order from the Chief Justice

requiring the appellant to do so. The cost of producing the

transcript shall be borne by the appellant unless the Chief Justice

waives the transcript cost by granting leave to proceed in forma

pauperis or for other good cause shown. In the event of such a

waiver, the Tribal Court shall provide the transcript. Costs of a

transcript are among the costs of appeal that may be awarded by

the Court of Appeals to a prevailing party as provided in Rule 21,

and if a prevailing appellant's costs have been waived by the Chief

Justice, the award will be applied to the transcript costs borne by

the Tribal Court.

Appellate Court Ordinance Proposed Amendments

Page 13

(3) If no record of the evidence or proceedings at a hearing or trial

was made, or if a transcript is unavailable, the appellant may,

within 10 days of the hearing or trial or such time extended as the

Chief Justice may allow, prepare a statement of the evidence or

proceedings from the best available means, including his or her

recollection. The statement shall be served on the respondent, who

may serve objections or propose amendments thereto within 10

days after service. Thereupon, the statement and any objections or

proposed amendments shall be submitted for settlement and

approval to the trial judge, and as settled and approved shall be

included by the Clerk of the Court in the record on appeal.

Proposed Change (changes in RED)

Rule 3. Record on Appeal. (1) All original papers and exhibits

filed in the Tribal Court, any transcript of the proceedings, and a

certified copy of the minute entries prepared by the Clerk of Court

shall constitute the record on appeal in all cases.

(2) Within 5 days after filing the notice of appeal, the appellant shall

order from the court reporter a transcript of such parts of the

proceedings not already on file as the appellant deems necessary for

inclusion in the record. The transcript shall be filed and certified

with the Clerk of the Tribal Court as part of the record on appeal

within 20 days of the filing of the notice of appeal. In all cases

where the appellant intends to urge insufficiency of evidence to

support the order or judgment appealed from, it shall be the duty of

the appellant to order the entire transcript of the evidence and

proceedings. Whenever the appellant appeals a specific finding of

fact by the trial court on the ground of insufficiency of evidence, the

appellant shall be under a duty to include in the transcript all

evidence relevant to such finding. Unless the entire transcript is to

be provided, the appellant shall, within the 5–day period, file and

serve on the respondent a description of the parts of the transcript

which he or she intends to present on appeal. If the respondent

deems a transcript of other parts of the proceedings to be necessary

he shall, within 5 days after such filing and service, order such

Appellate Court Ordinance Proposed Amendments

Page 14

parts from the reporter or procure an order from the Chief Justice

requiring the appellant to do so. The cost of producing the

transcript shall be borne by the appellant unless the Chief Justice

waives the transcript cost by granting leave to proceed in forma

pauperis or for other good cause shown. In the event of such a

waiver, the Tribal Court shall provide the transcript. Costs of a

transcript are among the costs of appeal that may be awarded by

the Court of Appeals to a prevailing party as provided in Rule 21,

and if a prevailing appellant's costs have been waived by the Chief

Justice, the award will be applied to the transcript costs borne by

the Tribal Court.

(3) If no record of the evidence or proceedings at a hearing or trial

was made, or if a transcript is unavailable, the appellant may,

within 10 days of the hearing or trial or such time extended as the

Chief Justice may allow, prepare a statement of the evidence or

proceedings from the best available means, including his or her

recollection. The statement shall be served on the respondent, who

may serve objections or propose amendments thereto within 10

days after service. Thereupon, the statement and any objections or

proposed amendments shall be submitted for settlement and

approval to the trial judge, and as settled and approved shall be

included by the Clerk of the Court in the record on appeal. The

trial judge has 30 days to make a ruling for settlement and

approval.

Current Rule

Rule 5. Docketing the Appeal and Filing the Record. (1) At the

time of filing the notice of appeal, the appellant shall pay to the

Clerk of the Tribal Court a fee of $25 for filing and transmitting the

record on appeal, unless the fee is waived by the Chief Justice upon

the granting of leave to proceed in forma pauperis or for other good

cause shown. Failure to pay the filing fee, unless waived, is ground

for dismissal of the appeal.

Appellate Court Ordinance Proposed Amendments

Page 15

(2) On the date on which the record on appeal is transmitted to the

Court of Appeals, the Appellate Administrator will docket the appeal

and file the record in a repository. An appeal shall be docketed and

filed under the title given to the action in the trial court with such

addition as necessary to indicate the identity of the appellant. The

Appellate Administrator shall immediately give notice to all parties

of the date on which the record was filed and the appeal docketed.

Proposed Change (changes in RED)

Rule 5. Docketing the Appeal and Filing the Record. (1) At the

time of filing the notice of appeal, the appellant shall pay to the

Clerk of the Tribal Court a fee of $25 for filing and transmitting the

record on appeal, unless the fee is waived by the Chief Justice upon

the granting of leave to proceed in forma pauperis or for other good

cause shown. Failure to pay the filing fee, unless waived, is ground

for dismissal of the appeal.

(2) On the date on which the record on appeal is transmitted to the

Court of Appeals, the Appellate Administrator will docket the appeal

and file the record in a repository. An appeal shall be docketed and

filed under the title given to the action in the trial court with such

addition as necessary to indicate the identity of the appellant. The

Appellate Administrator shall immediately give notice to all parties

of the date on which the record was filed and the appeal docketed.

(3) The Appellate Court shall establish filing fees for filing

appeals according to a publicly available schedule.

(4) As funding becomes available, the Appellate Court shall

create a publicly available electronic docket. The materials

available to the public shall include all filings except materials

deemed confidential under Rule 5.1, and not including the

tribal court record. Requests for tribal court records are

appropriately directed to the tribal court. Appendices to briefs

are also to be excluded from the public docket and are

therefore not subject to redaction under Rule 5.1.

Appellate Court Ordinance Proposed Amendments

Page 16

New Rule

Rule 5.1: Confidentiality, redaction of confidential personal

information, and filing under seal.

(a) Confidential personal information includes complete

social security numbers, complete financial account and

taxpayer identification numbers, full birth dates of any person,

and information that is not to be accessible to the public

pursuant to tribal or federal law. The names of minor children

shall be redacted from any proceedings, except the names of

youth in proceedings open to the public under CSKT Laws

Codified §3-3-304.

(b) Confidential personal information shall be redacted

from documents filed with the Appellate Court Administrator

by the party who files the document. The original document

without redaction of confidential personal information shall be

filed with the Appellate Court Administrator and remain under

seal absent a request to obtain access granted by order of this

court.

(c) Exemptions from the redaction requirement. The

redaction requirement does not apply to the following:

(i)

a financial account number that identifies the

property allegedly subject to forfeiture in a forfeiture

proceeding;

(ii) the record of an administrative or agency

proceeding;

(d) the record of a court or tribunal, if that record was

not subject to the redaction requirement when originally filed;

and (iv) a filing made under seal.

(e) Filings made under seal. The court may order that a

filing be made under seal without redaction. The court may

later unseal the filing or order the person who made the filing

to file a redacted version for the public record.

Appellate Court Ordinance Proposed Amendments

Page 17

(f)

Protective orders. For good cause, the court may by

order in a case:

(i)

require redaction of additional information;

(ii) limit or prohibit a nonparty's remote electronic

access to a document filed with the court; or

(g) Option for filing a reference list. A filing that

contains redacted information may be filed together with a

reference list that identifies each item of redacted information

and specifies an appropriate identifier that uniquely

corresponds to each item listed. The list must be filed under

seal and may be amended as of right. Any reference in the case

to a listed identifier will be construed to refer to the

corresponding item of information.

(h) Appendices. Because copies of documents included in

appendices to briefs are not published and are solely for the

Appellate Court's use, confidential personal information

appearing in appendices need not be redacted.

(i)

Non-conforming documents.

(i)

Waiver. A person waives the protection of this rule as

to the person's own information by filing it without redaction

and not under seal.

(ii) Sanctions. If a party fails to comply with this rule, the

court on motion of another party or its own motion, may order

the pleading or other document to be reformed. If the order is

not obeyed, the court may order the document stricken.

Current Rule

Rule 12. Filing and Service. (1) Papers required or permitted to be

filed with the Court of Appeals must be placed in the custody of the

Appellate Administrator within the time fixed for filing. The

Administrator shall note upon each such paper or document the

time of filing and transmit the same to the Justices and any

substitute judge designated to hear the matter.

Appellate Court Ordinance Proposed Amendments

Page 18

(2) Copies of all papers filed by any party shall, at or before the time

of filing, be served by the party or a person acting for him or her on

all other parties to the appeal. Service on a party represented by

counsel shall be made on counsel. Service may be personal or by

mail. Personal service includes delivery of the copy to a clerk or

other responsible person at the office of counsel. Service by mail is

complete on mailing. Papers presented for filing shall contain a

certification of service in the form of a statement of the date and

manner of service and of the names of the persons served, certified

by the person who made service.

(3) Except as otherwise provided in these rules, a signed original

and three copies of all papers shall be filed with the Appellate

Administrator.

Proposed Change (changes in RED)

Rule 12. Filing and Service. (1) Papers required or permitted to be

filed with the Court of Appeals must be placed in the custody of the

Appellate Administrator within the time fixed for filing. The

Administrator shall note upon each such paper or document the

time of filing and transmit the same to the Justices and any

substitute judge designated to hear the matter.

(2) Copies of all papers filed by any party shall, at or before the time

of filing, be served by the party or a person acting for him or her on

all other parties to the appeal. Service on a party represented by

counsel shall be made on counsel. Service may be personal or by

mail. Personal service includes delivery of the copy to a clerk or

other responsible person at the office of counsel. Service by mail is

complete on mailing. Papers presented for filing shall contain a

certification of service in the form of a statement of the date and

manner of service and of the names of the persons served, certified

by the person who made service.

(3) Except as otherwise provided in these rules, a signed original

and three copies of all papers shall be filed with the Appellate

Appellate Court Ordinance Proposed Amendments

Page 19

Administrator. As funding becomes available, the Court of

Appeals shall establish a system for electronic filing. Once the

system is implemented, all filings shall be done electronically,

except by pro se individuals. If the electronic filing system is

unavailable, filings may be made by alternative means

authorized by the Court or the Appellate Administrator.

(4) Before filing, all documents shall be reviewed by the filer

for truthfulness and accuracy. In addition to any other required

certification, all documents shall include the following

certification about truthfulness, accuracy, and the use of

generative artificial intelligence which means any system of

algorithms or computer processes that can create original

materials in response to a query by the user. Some current

versions of generative artificial intelligence include Chat GPT,

Grok, Open AI, Anthropic, and Deep Mind.

Under penalty of perjury, I swear or affirm that I have

reviewed the attached document to ensure their

truthfulness and for accuracy, and in addition:

(Check appropriate box)

☐ No generative artificial intelligence was used in the

creation of this document

☐ Generative artificial intelligence was used in the

creation of this document, but all references have been

personally reviewed by the filer to ensure that they are

truthful and accurate.

Dated the _____ day of _______________, _______.

________________________________________

(Signature of filer)

Appellate Court Ordinance Proposed Amendments

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Current Rule

Rule 13. Motions. Unless another form is prescribed by these

rules, an application for an order or other relief shall be made by

filing a motion in writing for such order or relief. The motion shall

state with particularity the grounds therefore and shall set forth the

order or relief sought.

Counsel shall also note therein that

opposing counsel has been contacted concerning the motion and

whether opposing counsel objects to the motion. If a motion is

supported by briefs, affidavits or other papers, they shall be served

and filed with the motion. The Court of Appeals may authorize

disposition of motions by a single justice. If a motion seeks

dismissal of the appeal or other substantial relief, any party may file

an answer in opposition within 7 days after service of the motion, or

within such time as the Court may direct.

Proposed Change (changes in RED)

Rule 13. Motions. Unless another form is prescribed by these

rules, an application for an order or other relief shall be made by

filing a motion in writing for such order or relief. The motion shall

state with particularity the grounds therefore and shall set forth the

order or relief sought.

Counsel shall also note therein that

opposing counsel has been contacted concerning the motion and

whether the opposing counsel objects to the motion. The failure to

serve the opposing counsel or self-represented party, and to

provide a certificate of such service, is grounds to deny the

motion. If a motion is supported by briefs, affidavits or other

papers, they shall be served and filed with the motion. The Court of

Appeals may authorize disposition of motions by a single justice. If

a motion seeks dismissal of the appeal or other substantial relief,

the party against whom the motion is filed must file an answer

in opposition within 14 days after service of the motion, or within

such time as the Court may direct. The Court of Appeals has 20

days to rule on motions after motions have been fully briefed.

Appellate Court Ordinance Proposed Amendments

Page 21

New Rule

Rule 15.1

(1)

If the Court, on its own motion, identifies an issue

that requires additional briefing, the Court may order

simultaneous briefs on the issue by the parties.

(2)

The Court has authority, in its sole discretion, to

allow additional time for parties to comply with the

requirements of the Rule 15 briefing schedule.

Current Rule

Rule 16. Oral Arguments.

1) Except in the case of an extraordinary writ or other special or

emergency proceeding when the Chief Justice may schedule a

special session of the Court, the Chief Justice will set the time and

place at which oral argument will be heard during the next regular

convening of the appellate bench after the time for filing and service

of appellant's reply brief has expired. The Appellate Administrator

shall advise all parties of the time and place of hearing. Any

request for postponement of the hearing must be made by motion to

the chief Justice no later than 10 days prior to the time scheduled

for hearing and may be granted for good cause shown.

(2) At oral argument, 45 minutes will be allowed appellant and 35

minutes to respondent. Arguments of multiple parties or amici

curiae for appellant or respondent shall be allocated by the parties

to conform to these limits. A party is not obliged to use all of the

time allowed, and the court may terminate the argument whenever

in its judgment further argument is unnecessary.

(3) The appellant is entitled to open and conclude the argument.

The opening argument shall include a fair statement of the case,

Appellate Court Ordinance Proposed Amendments

Page 22

and the closing argument

respondent's argument.

shall

be

limited

to

rebuttal

of

(4) If counsel for a party fails to appear, the court may hear

arguments on behalf of a party whose counsel is present, and the

case will be decided on the briefs and the argument heard. If no

counsel appears for any party, the case will be decided on the

briefs.

(5) By agreement of the parties, a case may be submitted for

decision on the briefs.

Proposed Change (changes in RED)

Rule 16. Oral Arguments. (1) By agreement of the parties, a case

may be submitted for decision on the briefs. The Court may also

choose to classify a case for decision on the briefs without oral

argument. Any single justice assigned to a case may require the

case be set for oral argument. The decision to classify a case

for decision on the briefs will be made by a written order to be

filed in the case.

(2) In cases in which argument is ordered, and except in the case of

an extraordinary writ or other special or emergency proceeding

when the Chief Justice may schedule a special session of the Court,

the Chief Justice will set the time and place at which oral argument

will be heard during the next regular convening of the appellate

bench after the time for filing and service of appellant's reply brief

has expired. The Appellate Administrator shall advise all parties of

the time and place of hearing. Any request for postponement of the

hearing must be made by motion to the chief Justice no later than

10 days prior to the time scheduled for hearing and may be granted

for good cause shown.

Appellate Court Ordinance Proposed Amendments

Page 23

(3) At oral argument, 45 minutes will be allowed appellant and 35

minutes to respondent. Arguments of multiple parties or amici

curiae for appellant or respondent shall be allocated by the parties

to conform to these limits. A party is not obliged to use all of the

time allowed, and the court may terminate the argument whenever

in its judgment further argument is unnecessary.

(4) The appellant is entitled to open and conclude the argument.

The opening argument shall include a fair statement of the case,

and the closing argument shall be limited to rebuttal of

respondent's argument.

(5) If counsel for a party fails to appear, the court may hear

arguments on behalf of a party whose counsel is present, and the

case will be decided on the briefs and the argument heard. If no

counsel appears for any party, the case will be decided on the

briefs.

(6) A transcript of any oral argument may be prepared for the

convenience of the Court, but is not part of the official record of the

case.

Current Rule

Rule 21. Petitions for Rehearing en Banc. (1) Except as otherwise

provided in this rule, a petition for rehearing before all five Justices

may be filed within 10 days after the appellate decision has been

rendered by filing an original and five copies of the petition with the

Appellate Administrator. The adverse party will have 7 days

thereafter in which to serve and file an original and five copies of

any objections to rehearing en banc.

(2) No rehearing is allowed for an original proceeding where the

entire Court considered the application and participated in the

issuance of the order, judgment, or writ.

Appellate Court Ordinance Proposed Amendments

Page 24

(3) A petition for rehearing en banc may be presented on the

following grounds and no others:

(a) that some fact, material to the decision, or some question

decisive of the case submitted by counsel, was overlooked by the

Court;

(b) that the decision is in conflict with an express statute or

controlling decision; or

(c) that the Court employed inappropriate procedures or considered

facts outside the record on appeal.

(4) Within 15 days after receipt of the petition and any objections

and upon consultation with his or her colleagues, the Chief Justice

may grant or deny the petition for rehearing en banc. If granted,

the parties shall submit briefs as provided in Rule 17 on the issues

permitted to be raised and the matter will be scheduled for

argument unless the parties agree that the matter will be decided

on briefs.

Proposed Change (changes in RED)

Rule 21. Petitions for Rehearing en Banc. (1) Except as otherwise

provided in this rule, a petition for rehearing before all five Justices

may be filed within 10 days after the appellate decision has been

rendered by filing an original and five copies of the petition with the

Appellate Administrator. A justice previously disqualified in the

case shall not participate in the petition for rehearing. The

adverse party will have 7 days thereafter in which to serve and file

an original and five copies of any objections to rehearing en banc.

(2) No rehearing is allowed for an original proceeding where the

entire Court considered the application and participated in the

issuance of the order, judgment, or writ.

Appellate Court Ordinance Proposed Amendments

Page 25

(3) A petition for rehearing en banc may be presented on the

following grounds and no others:

(a) that some fact, material to the decision, or some question

decisive of the case submitted by counsel, was overlooked by the

Court;

(b) that the decision is in conflict with an express statute or

controlling decision; or

(c) that the Court employed inappropriate procedures or considered

facts outside the record on appeal.

(4) Within 15 days after receipt of the petition and any objections

and upon consultation with his or her colleagues, the Chief Justice

may grant or deny the petition for rehearing en banc. If granted,

the parties shall submit briefs as provided in Rule 17 on the issues

permitted to be raised and the matter will be scheduled for

argument unless the parties agree that the matter will be decided

on briefs.

New Rule

Rule 23. Emergency Rules

In the event of an emergency recognized by the Tribal Council,

the Court has authority to implement such rules as it deems

necessary for the duration of the emergency.

Appellate Court Ordinance Proposed Amendments

Page 26

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.

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