# HO-CHUNK NATION CODE

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URL: https://www.frixlaw.com/law-library/documents/tribal%3Aho-chunk%3A3141637783d830e6

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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.

Ho-Chunk Nation Legislature
Statute of Limitations and Commencement of Claims Act
Page 2 of 3

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.

Ho-Chunk Nation Legislature
Statute of Limitations and Commencement of Claims Act
Page 3 of 3

(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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aho-chunk%3A3141637783d830e6. Public record. Not legal advice.