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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.