HO-CHUNK NATION CODE

HO-CHUNK NATION CODE

TITLE 2 – GOVERNMENT CODE

SECTION 14 – STATUTE OF LIMITATIONS AND

COMMENCEMENT OF CLAIMS ACT

ENACTED BY LEGISLATURE: JULY 20, 2005

LAST AMENDED: JUNE 5, 2017

This Act supersedes the Statute of Limitations and Commencement of Claims enacted by

Legislative Resolution 4/11/00B.

TABLE OF CONTENTS

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Authority…………………………………………..

Purpose…………………………………………….

Jurisdiction………………………………………...

Civil Action and time Limitation………………….

Severability………………………………………..

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1. Authority. Article V, Section 2(a) of the Constitution grants the Legislature the power to

make laws, including codes, ordinances, resolutions, and statutes.

2. Purpose. This Act establishes the maximum time periods in which civil action must be

commenced or be forever barred.

3. Jurisdiction. The Ho-Chunk Nation Trial Court (“Court”) shall have exclusive

jurisdiction over actions brought under the laws of the Nation. Any Such action shall be

brought not later than four (4) years after the date of the cause of action arises, unless

otherwise specified herein or by statute.

4. Civil Action and Time Limitation. Civil actions may be commenced only within the

periods as prescribed here:

a. Note Payable. An action to enforce the obligation of a party to pay a note payable at

a definite time shall be commenced within two (2) years after the date or dates stated

in the note or, if a due date is accelerated, within two (2) years after the accelerated

due date.

b. Brach of Warranty. Unless governed by other law regarding claims for indemnity or

contribution, an action for conversion of an instrument, for money had and received,

or like action based on conversion, an action for breach of warranty or an action to

enforce an obligation, duty or right arising under this section and not governed by this

section shall be commenced within two (2) years after the cause of action accrues.

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Except, that the Nation must bring a cause of action on claims within five (5) years of

the date of discovery, and any contract claim within six (6) years of the date of the

breach.

c. Contracts.

(1) An action for breach of any contract for sale must be commended within three (3)

years after the cause of action has accrued. By the original agreement the parties,

if they are merchants, government, or government agents, may reduce the period

of limitation to not less than six (6) months. The period of limitation may not

otherwise be varied by agreement.

(2) A cause of action accrues when the breach occurs, regardless of the aggrieved

party’s lack knowledge of the breach. A breach or warranty occurs when tender

of delivery is made, except that where a warranty explicitly extends to future

performance of the goods and discovery of the breach must await the time of such

performance, the cause of action accrues when the breach is or should have been

discovered.

(3) Where an action commenced within the time limited by paragraph a, above, is so

terminated as to leave available a remedy by another action for the same breach

such other action may be commenced after the expiration of the time limited and

within six (6) moths after the termination of the first action unless the termination

resulted from voluntary discontinuance or from dismissal for failure or neglect to

prosecute.

d. Torts. An action in tort must be filed in Court within three (3) years from the date of

discovery or six (6) years from the date of the incident in which the injury arose.

e. Employment. All employment actions must be filed in the Trial Court within 30

calendar days of the final administrative grievance reviewed decision by the

Grievance Review Board.

f. Administrative Grievances.

(1) Administrative grievances shall be filed in the Trial Court within ten (10) calendar

days of the final decision or the date such a final decision would have been issue,

or be forever barred.

(2) All persons brining or asserting a claim against the Nation, its agents or agencies

or enterprises subject to administrative review or appeal may not amend or

modify the complaint or claim to include new issues not previously asserted at the

Administrative Review Process.

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(3) The Nation’s Appellate Court or the Trial Court, serving to review the decisions

of administrative agencies, may not review or raise, or allow parties to raise for

the first time on appeal, such matters that have not been previously asserted and

established in the factual record.

g. Elections. All election challenges shall be filed in the Trial Court within ten (10)

calendar days of the certification of results or all claims arising from the election

challenge shall be forever barred.

5. Severability. Any part of this statute found to be unconstitutional by the Nation’s Courts

shall not affect the validity of the remaining parts of this statue.

Legislative History:

04/20/00 Adopted by Legislative Resolution 4/11/00B.

11/24/04 Legislature places Statute of Limitations and Commencement of Claims Act out for Executive

Review and Coordination as a Proposed Bill.

05/17/05 Legislature places Draft Statute of Limitations and Commencement of Claims Act (2 HCC § 14)

out for 45 Day Public Review.

07/08/05 45 Day Public Review period ends without comment

07/20/05 Enacted by Legislative Resolution 07/20/05G.

06/05/17 Legislature adopts amendments to the Statute of Limitations and Commencement of Claims Act

by Legislative Resolution 06/05/17K.