PAWNEE NATION OF OKLAHOMA (1993)

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PAWNEE NATION OF OKLAHOMA

Law and Order Code

Prepared By:

Marvin E. Stepson

Attorney at Law

Fairfax, Oklahoma

October 1, 1993

PAWNEE NATION OF OKLAHOMA

Law and Order Code

General Index

Constitution

Title I

Tribal Courts

Title II

Appellate Procedure

Title III

Civil Procedure

Title IV

Evidence

Title V

Criminal Procedure

Title VI

Criminal Offenses

Title VII

Juvenile Procedure

Title VIII

Election Ordinance

Title IX

Enrollment Ordinance

Title X

Guardianship & Protective Proceedings

Act

Title XI

Conservation and Safety Code

Title XII

Natural Resource Protection Act

Title XIII

Energy Resource Protection Act

Title XIV

Cannabis sativa L. Farming Act

PAWNEE NATION OF OKLAHOMA

Law and Order Code

CONSTITUTION

Constitution of the

Pawnee Nation of Oklahoma

INDEX

Preamble

Article I

Name

Article II

Purpose

Article III

Membership of Tribe

Article IV

Pawnee Business Council

Article V

Duties of Officers

Article VI

Vacancies

Article VII

Forfeiture, Recall, Removal

Article VIII Nasharo Council

Article IX

Courts

Article X

Bill of Rights

Article XI

Amendments

Article XII

Place of Meetings

Article XIII Adoption

Article XIV Savings Clause

Article XV

Severability

Certificate of Approval

CONSTITUTION

OF THE PAWNEE NATION

OF OKLAHOMA

(Revised by Referendum vote on July 14, 1998

and as Amended on January 4, 2003 and further revised by referendum vote on

June 14, 2008)

PREAMBLE

We, the members of the four confederated bands of Indians, namely, Chaui,

Kitkehahki, Pitahawirata and Skidi which now constitute the Pawnee Nation of

Oklahoma, with faith in the purposes of our Supreme Being, with abounding

pride in our cultural heritage and the determination to promote through

marshaled efforts our social, economical and political advancement, do

solemnly ordain and establish this Pawnee Nation of Oklahoma and adopt this

constitution pursuant to the Oklahoma Indian Welfare Act of June 26, 1936 (49

Stat. 1967) which shall supersede the constitution approved by the Secretary of

the Interior on November 26, 1937, and ratified on January 6, 1938, as

amended.

ARTICLE I-NAME

The name of this organization shall be the “Pawnee Nation of Oklahoma.”

ARTICLE II-PURPOSE

Section 1. To secure for the Pawnee Nation of Oklahoma and its members

rights, powers, privileges and benefits of a sovereign nation.

Section 2. To establish its Jurisdiction and Powers.

(i)

The governmental powers of the Pawnee Business Council, acting for

the sovereign Pawnee Nation of Oklahoma shall extend to all persons

and to all real and personal property including lands and other

natural resources, and to all waters and air space, within the Indian

Country over which the Pawnee Nation of Oklahoma has jurisdiction.

The governmental powers of the Pawnee Nation of Oklahoma shall

also extend outside the exterior boundaries of Indian Country to any

persons or properties which are, or may be included within the

jurisdiction of the Pawnee Nation of Oklahoma.

(ii)

The Pawnee Nation of Oklahoma is empowered to maintain under any

laws of the U.S. and/or Pawnee Nation of Oklahoma’s law and order,

and judicial systems to protect the peace, safety, health, and welfare

of the members of the Pawnee Nation of Oklahoma, provided the

concepts of separation of powers is maintained.

(iii)

The Constitution is the supreme law of the Pawnee Nation of

Oklahoma and all persons subject to its jurisdiction. The Pawnee

Business Council shall exercise its power consistent with the

provisions of this Constitution and the Corporate Charter of the

Pawnee Nation of Oklahoma.

ARTICLE III-MEMBERSHIP OF TRIBE

Section 1. The current membership of the Pawnee Nation of Oklahoma shall

consist of:

(a) All persons enrolled or entitled to be enrolled on the official

annuity (base) roll of the Pawnee Nation of Oklahoma as of

February 19, 1937; and

(b) All children born of a lawful marriage between members of the

Tribe since the date of said roll;

born on or after February 9, 1938, of a lawful marriage of an

enrolled member.

Section 2. The future membership of the Pawnee Nation of Oklahoma, after the

adoption of this Constitution, shall include any individual who applies for

membership and possesses at least one-eighth (1/8) degree Pawnee Indian

Blood, as amended on January 4, 2003 on Amendment Number 1.

Section 3. The Pawnee Business Council shall have power to prescribe rules

and regulations covering future membership of the Pawnee Nation, including

the approval and loss of membership, provided:

(i)

Such rules and regulations shall be subject to the review of the

Nasharo Council;

(ii)

A person shall not be eligible for membership, if enrolled as a member

of another Indian Tribe.

ARTICLE IV-PAWNEE BUSINESS COUNCIL

Section 1. The supreme governing body of the Pawnee Nation of Oklahoma

shall be the Pawnee Business Council, which shall consist of eight (8) members.

Section 2. Subject to the limitations imposed by this Constitution and

applicable Federal law, the Pawnee Business Council shall exercise all the

inherent, statutory, and treaty powers of the Pawnee Nation of Oklahoma by the

enactment of legislation, the transaction of business, and by otherwise speaking

or acting on behalf of the Pawnee Nation of Oklahoma on all matters which the

Pawnee Nation of Oklahoma is empowered to act, including the authority to hire

legal counsel to represent the Pawnee Nation of Oklahoma.

Section 3. All acts regarding Membership or Claims or Treaty Rights of the

Pawnee Business Council shall be subject to review by the Nasharo Council in

accordance with this Constitution.

Section 4. The present Pawnee Business Council members shall serve until the

next regular election or until their successors are elected and installed

provided:

(i)

The Pawnee Business Council shall provide an election commission to

conduct all elections, provided that regular elections are held on the

first Saturday in May of each odd numbered year.

(ii)

No member of the Pawnee Nation of Oklahoma, eighteen (18) years of

age or older, shall be denied the right to vote by secret ballot, either in

person or by absentee ballot, provided that no write-in votes shall be

allowed.

(iii)

Members of the Pawnee Nation of Oklahoma, twenty-five (25) years of

age or older, shall be eligible for election to the Pawnee Business

Council. Members of the Pawnee Nation convicted of a felony or

dishonorably discharged from the Armed Forces of the United States

of America are ineligible for candidacy.

(iv)

At the first regular election after the adoption of this Constitution

(1999), the President, Treasurer, and the First and Second Council

Members shall be elected to a four year term and the Vice-President,

Secretary, and Third and Fourth Council Members shall be elected to

a two-year term in order to stagger the terms of office:

(a) Candidates shall declare the position they are seeking.

(b) If there are positions which are vacant due to lack of candidates,

those positions shall be considered vacant and filled according to

Article VI.

Thereafter, all members of the Pawnee Business Council shall be elected

to a four-year term of office and shall serve until their successors shall

be duly installed in office. In cases when a vacancy is being filled to

complete an un-expired term due to death, resignation, forfeiture, or

recall of a Pawnee Business Council member, a successor will be

appointed pursuant to Article VI of this Constitution.

(v)

A Nasharo Council member shall resign his/her position if elected or

appointed to the Pawnee Business Council.

(vi)

A Pawnee Nation of Oklahoma employee shall resign his/her position

if elected or appointed to the Pawnee Business Council.

(vii)

A Pawnee Business Council member shall not be eligible for

employment by the Pawnee Nation of Oklahoma.

(viii) Elected members of the Pawnee Business Council shall be

inaugurated and sworn into office fourteen (14) calendar days after

the Election Day.

(ix)

Pawnee Business Council records and all related documentation for

each outgoing Pawnee Business Council member shall be made

available to the newly elected Pawnee Business Council members.

Failure to comply shall result in ineligibility to file for candidacy for

the Pawnee Business Council for ten (10) years or until records and

documents are returned.

Section 5. All acts of the Pawnee Business Council shall be determined by a

majority vote of the membership present, provided five (5) members of the

Council shall constitute a quorum to transact business. In the event of a tie,

the chairperson or chairperson pro tem shall cast the deciding vote.

Section 6. Regular quarterly meetings of the Pawnee Business Council shall be

held on the first Saturday in February, June, August and November of each

year in a place designated by the Pawnee Business Council, provided:

(i)

Special meetings may be called by the President.

(ii)

Special meetings shall be called by the President within two (2) weeks

after receiving a written request, by regular mail or by certified and

return receipt mail, from a majority of the occupied Pawnee Business

Council positions, provided:

(a) If the President fails to call and conduct a special meeting as

requested within two (2) weeks, a majority of the occupied

members of the Pawnee Business Council shall be authorized to

call and conduct a special meeting by affixing their signatures to a

document listing in detail the need for the meeting and citing this

Section of the Constitution as their authority to meet.

(b) A minimum of two (2) days notice of all meetings, regular or

special, shall be published in a newspaper and posted in public

view. Provided, that in an emergency, posting in public view for

two (2) days shall be deemed sufficient notice. Notice shall include

the agenda.

Section 7. All members of the Pawnee Business Council shall attend tribal

constitution orientation classes as prescribed by the Pawnee Business Council.

ARTICLE V-DUTIES OF OFFICERS

Section 1. The President shall preside at all meetings of the Pawnee Business

Council, joint meetings of the Pawnee Business Council and the Nasharo

Council, and all general meetings and shall vote only in the case of a tie. The

President shall have general supervision of the affairs of the Pawnee Business

Council and shall perform all duties pertaining to the office of the President.

The President shall administer oaths and affirmations when required or

permitted. The President shall be bonded.

Section 2. In the absence of the President, the Vice-President shall perform the

duties of that office. In the case of vacancy, the Vice-President shall succeed at

once to the office of the President. The Vice-President shall be bonded.

Section 3. The Secretary shall, be responsible for the following duties:

(i)

Record the proceedings of all meetings of the Pawnee Business

Council and Nasharo Council, and all special meetings as assigned by

the Pawnee Business Council.

(ii)

Prepare the agenda for meetings of the Pawnee Business Council.

(iii)

Maintain all records and files of the Pawnee Business Council. All

records and files of the Pawnee Business Council, except such

records as shall be explicitly made exempt by law, shall be public

information to any member of the Pawnee Nation of Oklahoma.

(iv)

Maintain the Pawnee Nation of Oklahoma official membership roll.

(v)

Attest to enactments of the Pawnee Business Council.

(vi)

In absence of the President and Vice-President, call to order regular

and special meetings of the Pawnee Business Council until a

Chairman pro tem is selected.

(vii)

Perform the duties of the Treasurer, in the absence of the Treasurer.

(viii) The Secretary shall be bonded.

Section 4. The Treasurer shall, be responsible for the following duties:

(i)

Receive funds from all sources for which the Pawnee Business

Council is held accountable, and maintain financial records which

shall reflect actual receipts and disbursements of all funds and which

shall reflect the financial position of the Pawnee Nation of Oklahoma.

(ii)

Deposit funds from any and all sources for which the Pawnee

Business Council is held accountable in an insured bank or other

approved financial institution.

(iii)

Disburse by check, the funds from any and all funds for which the

Pawnee Business Council. All checks shall be signed by the Treasurer

and countersigned by the President.

(iv)

An annual independent audit of all funds for which the Pawnee

Business Council is held accountable.

(v)

Present financial status reports and budget reports as determined by

the Pawnee Business Council.

(vi)

Perform the duties of Secretary, in the absence of Secretary.

(vii)

The Treasurer shall be bonded.

ARTICLE VI-VACANCIES

Section 1. - In the event of Presidential vacancy, the Vice-President shall

temporarily vacate their office and fulfill the duties of the office of President

until another president is elected by a majority of Pawnee tribal voters in a

specially called election. The Business Council shall elect from the current

council membership a Temporary Vice President to serve until the next

President is elected by a majority of Pawnee tribal voters in a specially called

election, at which time the Temporary Vice President shall return to his/her

previous position.

Section 2. – If the offices of President and Vice President are vacant the

Treasurer shall temporarily vacate their office and fulfill the duties of President

and the secretary shall temporarily vacate their office and fulfill the duties of

Vice President. The Business Council shall elect from the current council

membership a Temporary Treasurer and a Temporary Secretary until the next

President and Vice President are elected by a majority of Pawnee tribal voters in

a specially called election, at which time the Temporary Treasurer and

Temporary Secretary shall return to their previous position.

Section 3. – If the offices of President, Vice President, and Treasurer are vacant

the Secretary shall temporarily vacate their office and fulfill the duties of the

President. The Business Council shall elect from the current council

membership a Temporary Vice President, Temporary Treasurer, and Temporary

Secretary until the next President, Vice President, and Treasurer are elected by

a majority of Pawnee tribal voters in a specially called election, at which time

the Temporary Vice President, Temporary Treasurer and Temporary Secretary

shall return to their previous position.

Section 4. – Notwithstanding Article 4 Section 5, if four or more positions are

vacant a quorum shall consist of all of the remaining members. If all officer

positions are vacant any remaining council members may call a special

Business Council meeting, at which that council member shall chair and the

council shall elect officers.

Section 5. – If a vacancy occurs in a First, Second, Third, or Fourth Business

Council member position before the last six months of a term, it shall be filled

by a majority of Pawnee member voters in a specially called election.

Section 6. – If a vacancy occurs in a First, Second, Third, or Fourth Business

Council member position in the latter six month of that term, that position shall

remain vacant until the next general election.

Section 7. – If a vacancy occurs in any Business Council position in the six

months prior to a general election, the specially called election shall be held

with the general election.

Section 8. – Any successful candidate who is elected in a special election shall

serve only the remaining term of that vacant position.

Section 9. – Unless section 6 & 7 apply, the election Board shall set and

conduct a special election within 60 days but not before 30 days after a position

is vacant.

Section 10. – A position is vacant when:

(i)

Subject to an effective date, a resignation is received in writing by the

Office of the president

(ii)

Vacant pursuant to Article VII, Section One

(iii)

Death

(iv)

Recall

(v)

Removal

(vi)

A suspension is imposed under Section 3, in which case a specially

called election is not required if the Business Council finds that

suspension is likely to be resolved within six months. If the Business

Council finds that the suspension is likely to be longer than six

months, they may call a special election. If the suspension is

removed, the person elected in the special election shall step down

and the suspended Business Council Member shall retake their

position.

ARTICLE VII-FORFEITURE, RECALL, REMOVAL

Section 1. Forfeiture – If a member of the Pawnee Business Council fails or

refuses to attend two (2) regular or special meetings per year from the date of

oath of office, unless excused by the Pawnee Business Council President for

illness or other causes for which the member cannot be held responsible,

his/her office shall be declared forfeited by a resolution of the Pawnee Business

Council and the vacancy shall be filled.

Section 2. Recall – Upon receipt of a petition signed by twenty five per cent

(25%) of the number of voters who voted in the last regular election call for the

recall of any member of the Pawnee Business Council, it shall be the duty of the

election commission to call and conduct within thirty (30) days an election on

such recall. Recall shall be effective only if a majority of those voting shall vote

in favor of such recall and that at least 50 per cent (50%) + one (1) of the

number voting in the previous election vote in the recall election. Once a

member has faced a recall attempt, no further recall action shall be brought

against that member until at least twelve (12) months have passed. No member

of the Pawnee Business Council shall be subject to recall action within the first

six (6) months of that member’s term.

Section 3. Suspension:

(i)

A Pawnee Business Council member shall be suspended from the

Business Council without compensation when:

(a) charged with a criminal offense, and

(b) that offense would be cause for removal as defined in Section

4.iv.(a), and

process as is guaranteed within the Pawnee Nation.

(ii)

The suspension shall be effective from the date of the filing of the

charges until dismissed.

(iii)

It is the duty of the defendant Business Council Member to timely

notify the Business Council and the Attorney General of the charges.

(iv)

A suspended Business Council Member is excused from attending

meetings and other official duty during the suspension.

(v)

Any vote cast or other official action taken after such charges have

been filed shall be valid, but taking such official action while under

suspension shall constitute the crime of unofficial misconduct.

(vi)

The Business Council may by majority vote, with the subject member

abstaining, lift the suspension if it finds that the requirements of

paragraph (i) are not met.

(vii)

The suspended Business Council Member may bring a declaratory

judgment action in Pawnee Nation Tribal Court to challenge the

application of this Section.

(viii) If the charges are dismissed because the defendant is found innocent,

the suspension is automatically removed and all withheld

compensation shall be paid without interest.

Section 4 – Removal of Pawnee Business Council Members

(i)

Removal for Cause – Pawnee Business Council members may be

removed for cause by petition filed in Pawnee Nation District Court

with right of appeal to the Pawnee Nation Supreme Court.

(ii)

A petition may be filed only;

(iii)

(iv)

(a) by the Attorney General, or

(b) by Resolution of the Pawnee Business Council, or

bond with the court clerk.

Conviction is defined as a final conviction or a plea of no contest or

guilty, whether or not dismissed, pardoned or expunged, and

irrespective of whether it is denominated a felony, misdemeanor, or

otherwise.

Cause if defined as:

(a) conviction of any of the following offenses in any legitimate

governmental jurisdiction:

A. Fraud

1. Making false representation

2. Knowledge of such false representation by the perpetrator

3. Reliance on the false representation by the person

defrauded

An intent to defraud

5. The actual act of committing fraud

6. Passing bad checks

7. Knowingly possessing stolen property

B. Evil Intent

1. Arson

2. Blackmail

3. Embezzlement

4. Extortion

5. False pretenses

6. Forgery

7. Fraud

8. Larceny (grand or petty)

C. Crimes against property

1. Malicious destruction of property

2. Receiving stolen goods (with guilty knowledge)

3. Robbery

4. Theft (when it involved the intention of permanent taking)

5. Transporting stolen property (with guilty knowledge)

D. Crimes against Governmental authority

1. Bribery

2. Counterfeiting

3. Fraud against revenue or other governmental functions

4. Mail fraud

5. Perjury

6. Harboring a fugitive from justice (with guilty knowledge)

7. Tax evasion (willful)

8. Carry a concealed weapon

9. Desertion from the Armed Forces

10. Dishonorable Discharge from the Armed Services

11. Failure to report for military induction

12. Drunk driving

13. Habitual drunkenness

14. Escape from prison

15. Gambling violations

16. Controlled Dangerous Substances violations

(v)

17. Liquor violations

18. Vagrancy

E. Crimes committed against person, family relationship, and

sexual

morality

1. Abandonment of a minor child (if willful and resulting in

the destitution of the child)

2. Assault

a. Assault with intent to kill, commit rape, commit

robbery or commit serious bodily harm

b. Assault with a dangerous or deadly weapon

3. Contributing to the delinquency of a minor

4. Gross indecency

5. Incest

6. Kidnapping

7. Lewdness

8. Manslaughter

a. Voluntary

b. Involuntary, where the statue requires proof of

recklessness

9. Mayhem

10. Murder

11. Pandering

12. Prostitution

13. Rape (including “Statutory rape”)

14. Sodomy

15. Libel/Slander

16. Mailing an obscene letter

F. Crimes attempting, aiding and abetting, accessories, and

conspiracy

1. an attempt to commit a crime listed in this Section,

2. Aiding and abetting in the commission of a crime listed in

this Section,

3. Being an accessory (before or after the fact) in the

commission of a crime listed in this Section,

4. Taking part in conspiracy (or attempting to take part in a

conspiracy) to commit a crime listed in this Section.

(b) Willful neglect or refusal to fulfill statutory duties.

integrity of the tribal government.

Court Review

(a)The District Court shall review the removal petition in a new trial.

The

Judge must hold an initial hearing within 30 days and resolve the

case within 90 days. The petitioner must prove the facts by clear

and convincing evidence. Any party to the case shall have a right

to appeal.

(b) The defending Council member may be represented by Counsel. If

the

Court denies the petition then the defending Council

member shall be awarded costs and attorney fees not to exceed

$10,000.00.

General the cost of attorney fees shall be paid from tribal funds. If

the petition was filed by an individual the cost of attorney fees

shall be paid from the deposit. An exonerated Council member

charged under paragraph (iv) (b) or (iv) (c) of this Section shall not

be charged again under such paragraph until more than twelve

months have passed since the previous petition was filed.

(d) If a petition filed by individual(s) is successful then their $10,000

deposit shall be refunded. If the attorney fees of a winning

defendant are less than $10,000 then the balance shall be

refunded.

ARTICLE VIII-NASHARO COUNCIL

Section 1. The Nasharo Council shall consist of eight (8) members with a

quorum of five (5) to transact business. Each band shall have two (2)

representatives on the Nasharo Council selected by the members of the tribal

bands, Chaui, Kitkehahki, Pitahawirata and Skidi. The Nasharo Council shall

have the right to review all acts of the Pawnee Business Council regarding the

Pawnee Nation of Oklahoma membership and Pawnee Nation of Oklahoma

claims or rights growing out of treaties between the Pawnee Nation of Oklahoma

and the United States, provided:

(i)

Such acts of the Pawnee Business Council shall be valid and valid

unless formally disapproved by the Nasharo Council within thirty (30)

days after such acts are referred to the latter Council;

(ii)

Where such are disapproved by the Nasharo Council, the Pawnee

Business Council may submit them to a referendum of the Pawnee

Nation of Oklahoma and they shall be valid and effective if approved

by a majority vote of the adult members voting in person or by

absentee ballot; provided, that, at least fifty (50) of those qualified to

vote shall cast ballots in such election.

Section 2. The Bands of the Pawnee Nation of Oklahoma shall elect their

respective representative under rules and regulations prescribed by the Chiefs

of each Band. The representatives selected shall serve until the next regular

selection of members of the Nasharo Council.

Section 3. Vacancies in the membership of the Nasharo Council shall be filled

under rules and regulations prescribed by the Nasharo Council.

Section 4. The Nasharo Council shall have the power to establish its own

offices and to designate its own officers, to fix is own meeting days, and to adopt

its own rules of procedure; provided a quorum is present to transact business.

Records of the proceedings of this body shall be kept.

Section 5. All members of the Nasharo Council shall attend tribal constitution

classes as prescribed by the Pawnee Business Council.

ARTICLE IX- COURTS

Section 1. Establishment of Authority - The judicial power of the Pawnee

Nation of Oklahoma shall be vested in the current Pawnee Nation Courts

established by Resolution 93-65 and shall consist of five Justices and at least

one trial court, known as the District Court, and additional courts as may be

established by tribal law. The courts shall be a separate branch of government.

Section 2. Jurisdiction – The Courts of the Pawnee Nation of Oklahoma shall

be courts of general jurisdiction and shall further have jurisdiction in all cases

arising under the constitution, laws, and treaties of the Pawnee Nation of

Oklahoma. The Supreme Court shall have original jurisdiction in only such

cases as may be provided by law, and shall have appellate jurisdiction in all

other cases.

Section 3. Selection of Judicial Officers – The Justices of the Supreme Court

and Judges of District Courts shall be selected by a majority vote of the

Business Council. Justices and Judges may by Supreme Court rule assume

the duties of a member of the other court to hear a specific case in which the

regular Justices or Judges are disqualified or are otherwise unable to perform

their duty as to the case.

Section 4. Term of Office – The Justices and Judges of the Pawnee Nation of

Oklahoma shall serve six year terms beginning at the date of their confirmation

in office and continuing if reconfirmed or until their successor shall be duly

confirmed and installed.

Section 5. Removal – Justices and Judges of the Pawnee nation of Oklahoma

may be removed from office only by a majority of the other active Justices and

Judges sitting together upon a showing of habitual neglect of the duties of

office, oppression in office for personal gain or advantage, or for cause as

defined in Section 4, D. In no case may a judicial officer be removed from office

because of his decision in any case before the Court.

Section 6. Judicial Review – The Courts are specifically authorized to review,

in any case properly before them, the actions of the Business Council, or any

other officers, agents, or employees of the government of the Pawnee Nation of

Oklahoma to determine whether those actions are prohibited by Federal law,

this constitution or the laws of the Pawnee Nation of Oklahoma. If the action

complained of is outside the scope of authority delegated to entity in question,

or if a proper authority is being exercised in a prohibited manner, the Court

may enter injunction or other proper equitable relief or declare the action

unconstitutional and void as justice may require.

Section 7. Effective date, Interim Provision – This article shall be effective

upon approval in accord with Article X. The Business Council shall thereafter

have the authority to enact such laws as may be necessary for the full and

proper functioning of the Courts of the Pawnee Nation of Oklahoma not

inconsistent with this article. All current laws regarding courts shall remain in

effect and as amended to the extent that they do not conflict with this

Constitution.

Section 8. Court Funding – The Court shall be funded in a reasonable amount

in the annual budget.

1. Court funding shall be equal to or exceed funding amounts

for fiscal year 2007.

2. In the event that overall funding shortfalls require budget

cuts, the court budget may be reduced but proportionately not

more than any other department.

ARTICLE X-BILL OF RIGHTS

Section 1. All members of the Pawnee Nation shall enjoy without hindrance

freedom of worship, conscience, speech, press, assembly, and association.

Section 2. The Constitution shall not in any way alter, abridge or otherwise

jeopardize the rights and privileges of the Pawnee Nation as citizens of the State

of Oklahoma or of the United States. The Indian Civil Rights Acts of 1968 (ICRA)

and rights guaranteed under this Act is applicable to the tribal members and

other persons within tribal jurisdiction.

Section 3. The individual property rights of any member of the Pawnee Nation

shall not be altered, abridged or otherwise affected by the provisions of this

Constitution and By-Laws without the consent of such individual member.

ARTICLE XI-AMENDMENTS

Amendments to this Constitution may be proposed by a majority vote of the

Pawnee Business Council or by a petition signed by at least fifty (50) of the

adult members of the Pawnee Nation of Oklahoma.

This Constitution may be amended by a majority vote of the qualified voters of

the Pawnee Nation voting in an election called for that purpose by the Secretary

of Interior and conducted pursuant to the rules and regulations of the Pawnee

Nation of Oklahoma. Provided, that, at least fifty (50) of those qualified to vote

shall cast ballots in such election. The amendment shall become effective when

approved by the Secretary of Interior, so long as such approval is required by

Federal law, and ratified by the adult members of the Nation.

ARTICLE XII-PLACE OF MEETINGS

Unless some other location in the Pawnee Nation of Oklahoma jurisdiction is

designated in the notice, all meetings of the Pawnee Business Council and of

the Nasharo Council shall be held at the Pawnee Nation Reserve at Pawnee,

Oklahoma.

ARTICLE XIII-ADOPTION

This Constitution when approved by the Secretary of Interior, shall be

submitted to referendum vote of the adult members of the Nation, and shall

become effective if approved by two-thirds vote of the adult members voting in

person, provided that at least fifty votes are cast.

ARTICLE XIV-SAVINGS CLAUSE

All enactments of the Nation adopted before the effective date of this

Constitution shall continue in effect to the extent to that they are not

inconsistent with this constitution.

ARTICLE XV-SEVERABILITY

If any part of this Constitution is held by the Federal Court to be invalid or

contrary to the U.S. Constitution or Federal law, the remainder shall continue

to be in full force and effect.

CERTIFICATE OF APPROVAL

I, NANCY JEMISON, Acting Deputy Commissioner of Indian Affairs, by virtue of

the authority granted to the Secretary of the Interior by the Oklahoma Indian

Welfare Act of June 26, 1936 (49 Stat. 1967) and delegated to me by Secretarial

Order No. 3150 as extended by Secretarial Order No. 3177, as amended, do

hereby approve the Constitution of the Pawnee Nation of Oklahoma. This

Constitution is effective on the date ratified by the adult members of the Pawnee

Tribe of Oklahoma; PROVIDED, that nothing in this approval shall be

construed as authorizing any action under this document that would be

contrary to Federal law.

NANCY JEMISON

Acting Deputy Commissioner

Of Indian Affairs

Washington, D.C.

Date: April 27, 1998

PAWNEE TRIBE OF OKLAHOMA

Law and Order Code

TITLE I

TRIBAL COURTS

Prepared By:

Marvin E. Stepson

Attorney at Law

Fairfax, Oklahoma

October 1, 1993

TITLE

TRIBAL COURTS

INDEX

Section

Name

Authorization

Definitions

Territorial Jurisdiction

Civil Jurisdiction

Criminal Jurisdiction

Probate Jurisdiction

Juvenile Jurisdiction

Law to Be Applied

Amendments

CHAPTER ONE

DISTRICT COURT

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116 -119

120

Judges of the District Court

Minimum Qualifications of Judge of the District Court

Manner of Selection of Justices and Judges

Term of Office

Oath of Office

Duties and Powers of Judges

Trial Panel

Special Appointments

Compensation of Judges

Removal of Judges

Disqualifications, Conflict of Interest

Decisions

Records

Files

Motion Day

Reserved

Practice Before the Tribal Court

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TRIBAL COURTS

CHAPTERTWO

SUPREMECOURT

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

General Provisions

Composition of the Supreme Court

Minimum Qualifications of Justices

Selection of Justices

Term of Office

Oath of Office

Duties and Powers of Justices

Compensation of Justices

Removal of Justices

Disqualifications, Conflict of Interest

Decisions

Rules of the Court

Special Appointments

Supreme Court's Action on Appeals

Terms of the Court

Court Fund

CHAPTERTHREE

COURTCLERK

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

Establishment

Clerk to Serve Supreme and District Courts

Clerk as Department Director

Powers and Duties

Seal

Certification of True Copies

Courts Always Open

Trials and Hearings — Orders in Chambers

Clerk's Office and Orders by the Clerk

Notice of Orders or Judgments

Books and Records Kept by the Clerk and Entries Therein

Stenographic Report or Transcript as Evidence

Judgment Docket

Execution Docket

Clerk May Collect Judgment and Costs

Clerks to Issue Writs and Orders

Clerk to File and Preserve Papers

TITLE

TRIBAL COURTS

318

319

320

321

322

323

Each Case to be Kept Separate

Indorsements

Entry on Return of Summons

Material for Record

Memorializing Record

Clerk to Keep Court Records, Books and Papers —

Statistical and Other Information

Applicable to District and Supreme Court

Bonds

324

325

CHAPTER FOUR

CHIEF OF THE TRIBAL POLICE — PROCESS

401

402

403

404

405

406

Style of Process

Appointment of Substitute for Tribal Police Chief

Tribal Police Chief to Indorse Time of Receipt on Process

Tribal Police Chief to Execute and Return Process

When Bailiff or Tribal Police Chief May Adjourn Court

Other Duties of Tribal Police Chief — Disposition of Fees

CHAPTER FIVE

BONDS AND SURETIES

501

502

503

504

505

506

507

Justification of Surety

Qualifications of Surety

Real Estate Mortgage as Bond

Valuation of Real Estate

False Valuation — Penalty

Action by Tribe or Tribal Department — No Bond Required

Appearance Bond — Enforcement

CHAPTER SIX

MISCELLANEOUS

601

602

603

604

Deputy May Perform Official Duties

Affirmation

Publications in "Patent Insides"

Action on Official Bond

TITLE

605

606

607

608

609

610

611

612

613

614

615

616

617

618

TRIBAL COURTS

May be Several Action on Same Security

Immaterial Errors to be Disregarded

Payments Into Court for Minors and Incompetents

Conserving Moneys Obtained for Minors or Incompetent

Persons

Sharing of Judicial Officers

Sharing of Other Judicial Personnel

Sharing of Material Resources

Sharing of Financial Resources

Indians Employed in the Indian Service

Copies of Laws

Cooperation by Federal Employees

Effect of Prior Decisions of the Court

Judicial Review of Legislative and Executive Actions

Action When No Procedure Provided

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TRIBAL COURTS

Section 1. Authorization

There is hereby established, ordained, and activated pursuant to

the Constitution of the Pawnee Tribe of Oklahoma a Judicial Branch of

the Government of the Pawnee Tribe of Oklahoma with a lower Court

known as the District Court and an upper Court known as the Supreme

Court.

Section 2. Definitions

The following words have the meanings given below when

used in this Act, unless a different meaning is obvious from the

context:

(a)

"Clerk" shall mean the Clerk of the Court.

(b)

"Code" shall mean the Statutory laws of the Tribe.

(c)

"Constitution" shall mean the Constitution of the Tribe.

(d) "District Court" shall mean the lower or general trial Court

operating within the jurisdiction of the Tribe.

(e) "He", "him", and "his" shall mean the masculine, feminine

and neuter forms as appropriate unless a particular masculine, feminine

or neuter foim is necessary for the phrase to have meaning.

(f) "Jurisdiction" shall mean the Indian Country within the

territorial jurisdiction of the Tribe.

(g) "Supreme Court" shall mean the Court of last resort to

which appeals may be taken from the District Court. The judicial

decisions of the Supreme Court are final and are not subject to further

appeal.

Section 3. Territorial ,Jurisdiction

The Territorial Jurisdiction of the Courts shall extend to all

territory described as Indian Country, within the meaning of Section

TITLE

TRIBAL COURTS

1151 of Title 18 of the United States Code, over which the Tribe has

authority, including tribal or individual, trust, non-trust and

restricted land, and including all land owned by tribal agencies in

their own name, all waters, minerals and wildlife, and any other

such land, or interest in land, which may be subsequently acquired

by virtue of an Executive Order, a declaration or regulation of the

United States Department of Interior, a declaration or order of a

Court of competent jurisdiction, by purchase, gift, relinquishment,

or by any other lawful means.

Section 4. Civil jurisdiction

The Courts shall have general civil jurisdiction over all civil

actions arising under the Constitution, laws, or treaties of the Tribe

including the tribal common law, over all general civil claims which

arise within the tribal jurisdiction, and over all transitory claims in

which the defendant may be served within the tribal jurisdiction.

Personal jurisdiction shall exist over all defendants served within the

territorial jurisdiction of the Court or served anywhere in cases

arising within the territorial jurisdiction of the Tribe, and all persons

consenting to such jurisdiction. The act of entry within the territorial

jurisdiction of the Court shall be considered consent to the

jurisdiction of the Court with respect to any civil action arising out of

such entry. The act of entry upon the territorial jurisdiction by an

extraterritorial seller, merchant, or their agent(s) shall be considered

consent by the seller or merchant to the jurisdiction of this Court for

any dispute arising out of any sale or commercial transaction

regardless of where the sale or transaction was entered into or took

place.

Section 5. Criminal jurisdiction

The Courts shall have original jurisdiction over all criminal

offenses enumerated and defined in any ordinance adopted by the

Tribe insofar as not prohibited by federal law.

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TRIBAL COURTS

Section 6. Probate Jurisdiction

To the extent permitted by federal law the Courts shall have

probate jurisdiction over all the real and personal property located

within the jurisdiction of the Court at the time of death, and the

personal property, wherever located, of any person who is domiciled

within the boundaries of the jurisdiction of the Court at the time of

death.

Section 7. Juvenile Jurisdiction

The Juvenile Division of the District Court shall have exclusive

original jurisdiction in all proceedings and matters affecting

dependent or neglected children, children in need of supervision, or

children under the age of eighteen (18) accused of crime, when such

children are found within the jurisdiction of the Court, or when

jurisdiction is transferred to the Court pursuant to law. The Supreme

Court shall hear appeals in juvenile cases as in other civil actions.

Section 8. Law to Be Applied

The Courts shall apply the Tribal Constitution, and the

provisions of all statutory law heretofore or hereafter adopted by the

Tribe. In matters not covered by Tribal Statute, the Court shall apply

traditional tribal customs and usage's, which shall be called the

Common Law. When in doubt as to the Tribal Common Law, the

Court may request the advice of counselors and tribal elders familiar

with them. In any dispute not covered by the Tribal Constitution,

Tribal Statute, or Tribal Common Law, the Court may apply any

laws of the United States or any State which would be cognizable in

the courts of general jurisdiction therein, and any regulation of the

Department of Interior which may be of general or specific

applicability. Upon this Code becoming effective, neither Part 11 of

Title 25 of the Code of federal Regulations, except those Sections

thereof which are effective when the Tribe receives certain funding

from the Bureau of Indian Affairs, nor State law shall be binding

upon the Court unless specifically incorporated into tribal law by

Tribal Statute or be a decision of the Tribal Courts adopting some

federal or state law as Tribal Common Law.

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TRIBAL COURTS

Section 9. Amendments

The Tribal legislative body shall have the authority to alter,

amend, or repeal any provision of this Act or to add new sections to

this Act in its discretion.

TITLE

TRIBAL COURTS

CHAPTER ONE

DISTRICT COURT

Section 101 Judges of the District Court

The District Court shall consist of the Chief Judge, and such

District Judges, Special Judges, and Magistrates as may be

appointed according to law.

Section 102.

District Court

Minimum Qualifications of Judge of the

A Judge shall, in order of preference:

(a) be an attorney who is

(1)

an enrolled member of the Pawnee Tribe, actually

domiciled within the territorial jurisdiction of the Tribe, or

(2)

the parent, child, or spouse of an enrolled member

of the Pawnee Tribe, domiciled within the territorial

jurisdiction of the Tribe, or

(3)

a non-member Indian domiciled

territorial jurisdiction of the Pawnee Tribe, or

within

the

(4)

an Indian graduate of an American Bar Association

approved Law School, or a Paralegal program approved by the

Supreme Court; or

(5)

an attorney who is a non-Indian, or

(6)

a lay advocate who has regularly practiced before

the Court as a member of the Bar of the Court for a period of

five years, or

(b) have demonstrated moral integrity and fairness in his

business, public and private life, and

TITLE

TRIBAL COURTS

punishable by banishment, whether or not actually imprisoned or

banished, and have not been convicted of any offense, except traffic

offenses, for a period of two years next preceding his appointment.

The two year period shall begin to run from the date the person was

unconditionally released from supervision of any sort as a result of a

conviction.

(d) have regularly abstained from the excessive use of

alcohol an any use whatsoever of illegal drugs or psychotoxic

chemical solvents.

(e)

be not less than twenty-five (25) years of age.

(f) not be a member of the Tribal Legislative Body, or the

holder of any other elective Tribal Office of this Tribe, provided, that a

candidate who is a member of the Tribal Legislative Body, or the

holder of some other elective Tribal Office, may be confirmed as a

Judge subject to his resignation. Upon resignation from his office, he

may be sworn in as and assume the duties of judicial office.

(g) if less than fifty (50) years of age, have completed at least

thirty (30) semester credit hours at an accredited college or university,

or at least two years of previous experience as a Judicial Officer for

some recognized Court.

Section 103. Manner of Selection of Justices and Judges

Justices and Judges of the Tribe shall be nominated by the Chief

Executive Officer and confirmed by the Tribal Legislative Body upon a

vacancy occurring in a judicial office in the following manner:

(a) Within thirty days after a vacancy occurs the Chief

Executive-Officer shall cause a. notice of the vacancy stating the

minimum qualifications, salary, and any other pertinent information

to be published once in the Tribal newspaper and once each week

for two (2) consecutive weeks in a newspaper of general circulation

in the tribal jurisdiction. Copies of the notice shall be posted at the

Tribal Office, the nearest Agency of the Bureau of Indian of Affairs,

TITLE

TRIBAL COURTS

Chief Executive Officer shall direct. The notice shall direct that

inquires, nominations and applications be directed to the Tribal

Secretary who shall keep a permanent record of responses to such

notices.

(b) No sooner than twenty (20), nor more than thirty (30) days

after the date on which last required notice was published or posted,

the Secretary shall deliver the names and files of all persons

nominated or applying for the Judicial Office to the Chief Executive

Officer, who shall select no more than three qualified candidates for

each vacant Judicial Office and place consideration of the candidate(s)

he nominates on the agenda of the next regular or special meeting of

the Tribal Legislative Body.

of the nominees, and may interview nominees at their meetings at

their discretion. In making a selection, the Tribal Legislative Body

shall give preference to those candidates who:

(1) have more formal education and experience in the

legal field.

(2) by written examination conducted by the Supreme

Court or by interview have shown that they are familiar with the

Constitution, Code and Common laws of the Tribe.

(3)

have demonstrated decision making ability.

(d) If the nominee for the Judicial Office is confirmed by the

Tribal Legislative Body, the nominee shall be sworn into office by the

Chief Justice, or the next ranking available Justice of the Supreme

Court.

(e) If the nominee(s) is not confirmed, the Chief Executive

Officer shall either republish the notice and establish a new list of

eligible candidates, or he may reconsider the candidates on the list

gathered from the previous notice. The Chief Executive Officer

nomination - Legislative confirmation process shall continue until

some nominee be confirmed.

TITLE

TRIBAL COURTS

(f) Upon the expiration of a judicial term of office, the Judicial

Officer is entitled upon request, filed with the Secretary not less than

sixty days prior to the expiration of his term, to be considered for

confirmation to a new term at the next meeting of the Tribal

Legislative Body at which a quorum is present. If the Legislature, a

quorum being present, does not confirm the outgoing officer, they

shall so declare and direct the Chief Executive Officer to begin the

selection process. The outgoing judicial officer's term shall expire upon

confirmation of the new Justice of Judge.

Section 104. Term of Office

All Judges of the District Court shall serve six (6) year terms of

office beginning from the date of their confirmation and until their

successors take office, unless removed for cause, or by death or

resignation.

Section 105. Oath of Office

Before assuming office each Judge, Special Judge, and

Magistrate shall take an oath to support and protect the Constitution

of the Tribe and to administer justice in all causes coming before him

with integrity and fairness, without regard to the persons before him

to be administered by the Chief Justice or the next ranking available

Justice of the Supreme Court as soon after confirmation as may be

practical.

Section 106. Duties and Powers of Judges

All Judges of the District Court, and Special Judges in cases

within their authority, shall have the duty and power to conduct all

court proceedings, and issue all orders and papers incident thereto, in

order to administer justice in all matters within the jurisdiction of the

Court. In doing so the Court shall:

(a) Be responsible for creating and maintaining rules of the Court,

not in conflict with the Tribal Code or the Rules of the Supreme Court

regulating conduct in the District Court, for the orderly and

TITLE

TRIBAL COURTS

efficient administration of justice. Such rules must be filed in the

office of the Tribal Secretary and the District Court Clerk before

becoming effective.

(b)

Hold Court regularly at a designated time and place.

and otherwise undertake all duties and exercise all authority of a

judicial officer under the law.

(d)

Court.

Hear and decide all cases properly brought before the

(e)

Enter all appropriate orders and judgments.

(f)

Issue all appropriate warrants and subpoenas

(g)

Keep all Court and other records as may be required.

(h)

Perform the duties of the Clerk in his absence.

(i) Subject to the confirmation of the Supreme Court, to

appoint such Magistrates as may be necessary for the convenient

functioning of the Court. These Magistrates shall have the authority to

issue arrest and search warrants, search warrants for the protection of

children, emergency custody orders in children's cases, temporary

commitments of persons accused of offenses, to conduct

arraignments in criminal or juvenile delinquency cases, and to act on

such ex parte, summary, or other matters as may be determined by

Rule of the Supreme Court. Magistrates shall meet the minimum

qualifications for Judges of the District Court except that Section

102(a) and (g) shall not apply.

(j) Unless a coroner is appointed in accordance with the

provisions of the Tribal Code, any Judge designated by the Chief

Judge shall have the authority to perform the duties of a coroner.

TITLE

TRIBAL COURTS

Section 107. Trial Panel

In any case to be tried by a Trial Panel, the Chief Judge shall

assign by random lot at least three Judges to try the case, one of

whom shall be designated as the Presiding Judge. The Presiding

Judge assigned to the case shall have the duty before, during and

after trial of making procedural and evidentiary rulings on issues

raised by the case, after conferring with the other assigned Judges

when he feels it necessary to do so. All assigned Judges shall have an

equal vote on the merits of each case. The panel's deliberations on

the merits shall be held in strict privacy and no one shall disclose

anything said during the deliberation. A majority of the assigned

Judges may take action on the merits of any matter, but no one shall

reveal the vote of any of the Judges of the panel or the final

numerical vote of the panel, the decision should simply reflect that it

is the decision of the Court.

Section 108. Special Appointments

Whenever, due to vacancies in office, disqualification of Judges,

or other cause, a trial panel cannot be convened from the available

Judges, or an additional Judicial Officer is needed to efficiently

dispense with the business of the District Court, due to vacancies in

office, disqualification of Judges, or other cause, the Supreme Court

may designate by Court Order one or more duly qualified magistrates

or Justices to sit on the trial panel, or may make one or more special

appointments from among the members of the Bar of the Court to

act as a Special Judge to hear specific named cases, or cases filed

prior to the date a trial panel of regular Judges can be convened, the

vacancy is filled, or the Special Judge is no longer needed. No special

procedure need by followed in making such appointments and such

Special Judges need not meet the qualification of Section 102 (a) or

(g) of this Act. Whenever a Justice of the Supreme Court sits on the

trial panel, that Justice may not participate in any appeal of the case

to-the Supreme Court. Special Judges may be compensated from the Court fund in such reasonable amounts as the Supreme Court shall

order.

TITLE

TRIBAL COURTS

Section 109. Compensation of judges

(a) The compensation of all Judges of the District Court shall

be set by appropriate legislation of the Tribal Legislative Body. No

Judge shall have his compensation reduced during his term of office,

except that if funds be unavailable for appropriation, the

compensation of all judicial officers may be reduced proportionally to

the availability of funds.

(b) Nothing in this section shall prohibit the Tribal

Legislative from contracting or agreeing with the Bureau of Indian

Affairs or any other government, agency, or organization that such

government, agency, or organization shall provide all or part of the

compensation of a Judge or Magistrate of the District Court, and

shall in return have control over the compensation of such Judges or

Magistrate. In such situations the Tribal Legislative body shall

recommend to the funding party the compensation of District Judges

and Magistrates.

Magistrates. The compensation of all Magistrates shall be set by order

of the Supreme Court from available appropriate funds, or from

funds made available pursuant to an agreement entered into

according to Subsection (b) of this Section.

Section 110. Removal of Judges

(a) The Judges of the District Court shall be removed only for

cause by the Tribal Legislative Body upon the recommendation of the

Supreme court. Neither the Supreme Court, nor the Tribal Legislative

Body may remove a Judge of the District Court independently, but the

Supreme Court must first recommend the removal, and the Tribal

Legislative Body must then concur. The term "cause" shall include any

reason sufficient for disbarment of an Attorney from the Bar of the

Supreme Court, or a violation of the Canons of Judicial Ethics

promulgated by the American Bar Association.

Court.

(b)

Magistrates shall serve at the pleasure of the District

TITLE

TRIBAL COURTS

Section 111. Disqualifications, Conflict of Interest

(a) No Judge shall hear any case when he has a direct

financial, personal or other interest in the outcome of such case or is

related by blood or marriage to one or both of the parties as:

husband; wife; son; daughter; father; mother; brother; sister;

grandfather; grandmother; or any other legal dependent. A Judge

should attempt to prevent even the appearance of partiality or

impropriety.

(b) Either party of interest in such case or the Judge may arise

the question of conflict of interest. Upon decision by the Judge

concerned or the Supreme Court that disqualification is appropriate,

another Judge shall be assigned to hear the matter before the Court.

one or more of the parties in one of the relationships enumerated in

subsection (a) of this Section, may hear a case if all parties are

informed of the blood or marriage relationship on the record in open

Court and of their right to have a different Judge hear the case, and

consent to further action by that Judge in the case in open Court

upon the record, or in a writing filed in the record, in spite of the

conflict of interest.

Section 112. Decisions

(a) Each decision of the District Court at trial shall be

recorded on a form approved by the Supreme Court for such

purpose, or embodied in written findings of fact and conclusions of

law containing all the information required by the approved form.

The form shall provide for recording the date of the decision, the case

number, the names of all parties, the substance of the complaint, the

relevant facts found by the Court to be true, the Court's decision, and

the conclusions of law supporting the Court's decision.

(b) In a case tried to a Judicial Panel, the Presiding Judge

shall sign such form or decision indicating that the decision is the

true decision of a majority of the trial panel on the case whether or

not the Presiding Judge agreed with that decision.

TITLE

TRIBAL COURTS

conclusions of law shall be placed in the case file as an official document

of the case.

Section 113. Records

The District Court shall be a Court of Record. To preserve such

records:

(a) In all Court proceedings, the Court Reporter, which may

be the Clerk in the absence of an official Court Reporter, shall

record the proceedings of the Court by electronic or stenographic

means. The recording shall be identified by case number and kept

for five (5) years for use in appeals or collateral proceedings in

which the events of the hearing are in issue. At the close of each

hearing, or as otherwise specified, the Reporter shall cause a

transcript to be made of the recording upon the request of any party

or the Court as a permanent part of the case record. Court

Reporters may be licensed by the Supreme Court, and shall be

allowed such fees from the Parties for their services as shall be set

by Rule of the Supreme Court

(b) To preserve the integrity of the electronic record, the

Reporter shall store the recording in a safe place and release it only to

the relevant Court or pursuant to an Order of a Tribal Judge or

Justice.

number every written document filed in the case.

(d) All Court records shall be public records except as otherwise

provided by law.

(e) After five (5) years, court records except judgments,

appearance, and other dockets may be reproduced on computer tape

or disk, microfilm, or microfiche or similar space saving record

keeping methods, provided, that at least one (1) hard copy, including

microfilm or microfiche, of electronically stored data shall be kept at

all times.

TITLE

TRIBAL COURTS

(f) The Supreme Court shall provide for the publication in books

or similar reporters of all of its decisions and opinions in cases before

it, and the opinions and decisions of the District Court which would be

useful to the Bar of the Court and the public.

Section 114. Files

(a) Except as otherwise provided by law, such as in juvenile

cases, Court files on a particular case are generally open to the public.

Any person may inspect the records of a case and obtain copies of

documents contained therein during normal business hours.

(b) Any persons desiring to inspect the records of a case or

obtain copies thereof may inspect such files only during the ordinary

working hours of the Clerk, or a Judge and in their presence to insure

the integrity of Court records. Under no circumstances shall anyone,

except a Judge or a licensed advocate, attorney or the Clerk taking a file

to a Judge in his chambers or a courtroom, take a file from the Clerk's

office.

obtained from the Clerk by any person for a reasonable copy fee, to be

set by rule of the Supreme Court. The Clerk is hereby authorized to

certify under the seal of his office that such copies are accurate

reproductions of those documents on file in his office. The Supreme

Court by rule may provide for such certification.

Section 115. Motion Day

Unless conditions make it impractical, the District Court shall

establish regular times and places, at intervals sufficiently frequent

for the prompt dispatch of business, at which motions requiring

notice and hearing may be heard and disposed of; but the Judge at

any time or place, and on such notice, if any, as he considers

reasonable, may make orders for the advancement, conduct, and

hearing of actions, or, the Court may make provision by rule or

order for the submission and determination of motions without oral

hearing upon brief written statements of reasons in support and

opposition.

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TRIBAL COURTS

Section 116 -119. Reserved

Section 120. Practice Before the Tribal Court

(a)

No person shall be denied the right to have a member of

the Bar of the Court represent him and present his case before the

Courts.

(b)

The Supreme Court, after conferring with the District

Court, shall make rules which shall govern who may practice before

the District Court and the Supreme Court. Such rules shall be filed

in the office of the Tribal Secretary and the office of the Clerk of the

Supreme and District Courts.

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TRIBAL COURTS

CHAPTER TWO

SUPREME COURT

Section 201. General Provisions

The Supreme Court may hear appeals resulting from all final

orders or judgments rendered by the District Court, appeals of other

orders of the District Court subject to interlocutory appeal by law, and

such original actions as may be provided by tribal law, and shall render

its decision in writing to the parties of interest, file a copy thereof in the

Supreme Court Clerk's office and the Tribal Secretary's office, and, at

the time of filing, submit a copy to the official reporter of the decisions

of the Court. The decision of the Supreme Court shall be final and

binding upon the parties.

Section 202. Composition of the Supreme Court

The Supreme Court shall consist of one (1) Chief Justice, and four

(4) Associate Justices.

Section 203. Minimum Qualifications of Justices

To be eligible for selection or confirmation as a Justice of the

Supreme Court, a person shall:

(a) be either

(1)

an enrolled member of the Tribe, or

(2) the parent, child, or spouse of an enrolled member of

the Tribe, or

(3) actually domiciled within the territorial jurisdiction of

the Tribe, or

(4)

an attorney, or

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TRIBAL COURTS

(5) a lay advocate who has regularly practiced before the

Court as a member of the Bar of the Court for a period of seven

years, or

(6) An Indian graduate of an American Bar Association

approved Law School, or a Paralegal program approved by the

Supreme Court; and

(b) have demonstrated moral integrity and fairness in his

business, public and private life, and

punishable by banishment or involving moral turpitude, whether or not

actually imprisoned or banished, and have not been convicted of any

offense, except traffic offenses, for a period of five years next

preceding his appointment. The five year period shall begin to run

from the date the person was unconditionally released from

supervision of any sort as a result of a conviction.

(d) have regularly abstained from the excessive use of alcohol

and any use whatsoever of illegal drugs or psychotoxic chemical

solvents.

(e)

be not less than thirty (30) years of age.

(f) not be a member of the Tribal Legislative Body, or the

holder of any other elective Tribal Office of this Tribe, provided, that a

candidate who is a member of the Tribal Legislative Body, or the

holder of some other elective Tribal Office, may be confirmed as a

Justice subject to his resignation. Upon resignation from his office, he

may be sworn in as and assume the duties of judicial office.

(g) if less than fifty (50) years of age, have completed at least

sixty (60) semester credit hours at an accredited college or university, or

at least four years of previous experiences as a Judicial Officer for

some recognized Court.

TITLE

TRIBAL COURTS

Section 204. Selection of justices

Justices shall be selected in accordance with the provisions of

Section 103 of this Act.

Section 205. Term of Office

All Justices of the Supreme Court shall serve eight (8) year

terms of office beginning from the date of their confirmation and

until their successors take office, unless removed for cause, or by

death or resignation. The first appointments of Justices hereunder

shall be for terms which may vary in order to provide for staggered

terms of office.

Section 206. Oath of Office

Before assuming office each Justice shall take an oath to

support and protect the Constitution of the Tribe and to administer

justice in all causes coming before him with integrity and fairness,

without regard to the persons before him to be administered by the

Chief Justice, the Chief Executive Officer, or the ranking available

Justice of the Court.

Section 207. Duties and Powers of Justices

All Justices of the Supreme Court, unless disqualified for

conflict of interest of other cause, shall participate in the

deliberations of that body and shall have the duty and power to

conduct all Court proceedings, and issue all orders and papers

incident thereto, in order to administer justice in all matters within

the jurisdiction of the Supreme Court. In doing so the Supreme

Court shall:

(a) Be responsible for creating and maintaining rules of the

Court, not contrary to the Tribal Constitution or Code, regulating

conduct in the Supreme and District Courts to provide for the orderly

and efficient administration of justice and the administration of the

Courts. Such rules shall determine, where not otherwise provided by

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law, what actions be taken by a single Justice of the Court, and shall be

filed with the Clerk of the Court and the Tribal Secretary.

(b) Hear appeals from the District Court at a designated time

and place.

(c)

Enter all appropriate orders and judgments.

(d)

Keep all appropriate records as may be required.

(e) Perform any and all other duties as may be required for the

operation of the Supreme Court and the District Court.

(f) Supervise the actions of the District Court and all Clerks,

Reporters, Bailiffs, and other officers of the Courts.

(g) Perform any of the duties and powers of a District Judge

in appropriate cases.

Section 208. Compensation of Justices

(a) The compensation of all Justices of the Supreme Court

shall be set by legislation of the Tribal Legislative Body. No Justice

shall have his compensation reduced during this term of office,

except that if funds be unavailable for appropriation, the

compensation of all judicial officers may be reduced proportionally to

the availability of funds.

(b) Nothing in this section shall prohibit the Tribal

Legislative from contracting or agreeing with the Bureau of Indian

Affairs or any other government, agency, or organization that such

government, agency, or organization shall provide all or part of the

compensation of a Justice of the Supreme Court, and shall in return

have control over the compensation of such Justice. In such

situations the Tribal Legislative Body shall recommend to the

funding party the compensation of Supreme Court Justices.

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Section 209. Removal of Justices

Justices of the Supreme Court may not be removed from office

except upon final conviction of a felony, or an offense punishable by

banishment, or an offense involving moral turpitude, in which case the

Supreme Court shall enter its order disbarring and expelling such Justice

from the Court and declaring that Judicial Office vacant.

Section 210. Disqualifications, Conflict of Interest

(a) No Justice shall hear any case when he has a direct

financial, personal, or other interest in the outcome of such case or

is related by blood or marriage to one or both of the parties as:

husband, wife, son, daughter, father, mother, brother, sister,

grandfather, grandmother, or any other legal dependent. A Justice

should attempt to prevent even the appearance of partiality or

impropriety.

(b) Either party in interest in such case or the Justice may raise

the question of conflict of interest. Upon decision by the Justice

concerned or the Supreme Court that qualification is appropriate, a

Judge, Magistrate, or Special Justice may be appointed to sit on the

Supreme Court to hear the matter before the Court.

of the relationships enumerated in Subsection (a) of this Section,

may hear a case if all parties are informed of the blood or marriage

relationship on the record in open Court and of their right to have

the interested Justice disqualified from the case, and consent in

writing filed in the case, or upon the record in open Court to the

conflict of interest. Normally, the Justice knowing of the conflict of

interest should simply file an order recusing himself from the action

and stating his relationship with the parties. Thereafter, if the parties

consent to that Justice hearing the action, they should file their

written consent for such Justice to continue in the cause. If all

parties file such consents, the Justice may then enter his order

withdrawing the his recusation on grounds of the consents filed. A

consent to the withdrawal of a Justices recusation may not be

withdrawn.

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Section 211. Decisions

(a) All decisions and opinions of the Supreme Court shall be

rendered in writing to the parties in interest, the District Court in

appeal cases, filed in the Supreme Court Clerk's Office and the

Tribal Secretary's office, transmitted to the official reporter of the

decisions of the Court, and recorded on a form approved by the

Supreme Court for such purpose. The form shall provide for

recording the date of the decision or opinion, the case number, the

names of the parties before the Court, the issues presented of appeal

or the substance of the complaint in an action within the court's

original jurisdiction, the relevant facts upon which the decision on

appeal was made or as found by the Court to be true in an original

action, the Court's decision, and the legal principals and reasoning

supporting the Court's decision. A written Court opinion containing

the above information may be filed by the majority or dissent in lieu

of the form.

(b) Each Justice shall record in writing his decision, or the

fact of his not participating when he is disqualified, on each case

decided by the Supreme Court as part of the permanent record.

file of the case on appeal as an official document of the case.

Section 212. Rules of the Court

(a) The Supreme Court shall establish rules concerning the

administration of the Courts and conduct in the Supreme and District

Courts not inconsistent with Tribal Ordinance or the Tribal

Constitution. Such rules shall govern the conduct, demeanor, and

decorum of those in the Court as well as the form and filing of

appeals, briefs, pleadings, and other matters which will make the

Court function more efficiently.

(b) The Rules shall be filed in the Court Clerk's office, the office

the Tribal Secretary, and delivered to the official reporter of decisions of

the Court.

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prerequisite before taking any action in a matter.

Section 213. Special Appointments

Whenever, due to vacancies in office, disqualification of

Justices, or other cause, a minimum of three (3) Justices to hear and

decide the merits of a case before the Court cannot be convened

from the available Justices, the Court, including any disqualified

Justices, may designate by Court Order one or more duly qualified

Judges of the District Court or Magistrates, not having served on the

trial of the case, or some member of the Bar of the Court to sit on

the Supreme Court as a Special Justice for purposes of the appeal or

the original action, or request the Tribal Legislative Body to make

one or more special appointments to hear specific named cases, or

cases filed prior to the date a minimum of three (3) Justices can be

convened on such cases. No special procedure need by followed in

making such appointments and special Justices need not meet the

qualifications of Section 102 (a) and (g) of this Act, although special

appointments by the Tribal Legislative Body shall be made by formal

action with notice to the parties in a case where appropriate.

Section 214. Supreme Court's Action on Appeals

In any appeal properly before it, the Supreme Court shall have

full authority to affirm, reverse, modify, or vacate any action of the

District Court or other entity from whom the appeal is taken as

authorized by law, and may enter such order as is just or remand the

case for the entry of a specified judgment, for a new trial, or for such

further action in accordance with the Supreme Court's opinion or

instructions as shall be just.

Section 215. Terms of the Court

The regular term of the Court shall commence on the first

Monday in October of each year, and upon that date the Supreme

Court shall convene in its Courtroom for the purpose of disposing

of the actions and other business before the Court. The term shall

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continue until such time as the Court determines that its business is

properly disposed of and the term shall then be declared completed.

Special terms may be convened at any time upon the call of the Chief

Justice for the purpose of dispensing with pressing matters which may

not be justly delayed until the regular term of the Court.

Section 216. Court Fund

There is hereby authorized to be maintained by the Clerk under

the supervision of the Court, a find to be known as the "Court

Fund" into which shall be deposited all fines, fees, penalties, costs,

and other moneys authorized or required by law to be paid to the

Courts which are not to be distributed to any party to a case and for

which no requirement is imposed by law for the deposit of such

funds into a particular account. These funds shall be maintained by

the court and used exclusively for the purchase of supplies,

materials, and personal property for the use of the Courts, the

maintenance of the Court law library, and such other applications as

shall be specifically authorized by law. The Court Fund shall not be

used for the payment of salaries of regular Judges of Justices of the

District or Supreme Courts.

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CHAPTER THREE

COURT CT.FRK

Section 301. Establishment

There is hereby established a Court Clerk's Office to, be

administered by one (1) Court Clerk and such Deputy Court Clerks

as may be necessary. The Court Clerk shall be appointed by the

Supreme Court, and Deputy Court Clerks shall be appointed by the

Court Clerk subject to the approval of the Supreme Court.

Section 302. Clerk to Serve Supreme and District Courts

Until such time as the Supreme Court determines that

separate Clerks are necessary to efficiently administer the business

of the Courts and funding is available, the Court Clerk shall serve as

the Clerk of the Supreme Court and the Clerk of the District Court.

When serving the Supreme Court, the Clerk's title shall be "Clerk of

the Supreme Court". When serving the District Court, the Clerk's

title shall be "Clerk of the District Court".

Section 303. Clerk as Department Director

The Court Clerk is a supervisory administrative position of the

Judicial Branch of the Government of the Tribe with the same rank

as Department Director. The Court Clerk shall serve as the Court

Administrator and shall be charged with the preparation of Court

budgets, the acquisition of necessary supplies, the maintenance and

upkeep of the Court's law library, the custody, upkeep and

maintenance of the records, papers, effects, and property of the

Court and such other matters as shall be assigned to the Clerk of

the Court -by law or Court rule. -Section 304. Powers and Duties

The Court Clerk shall have the following powers and duties:

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(a)

To undertake all duties and functions otherwise

authorized by law, or necessary and proper to the exercise of a duty

of function authorized by law.

(b)

Subject to the approval of the Supreme Court, to

supervise and direct the hiring, firing, and work of all deputy court

clerks and other employees in his office.

(c)

To collect all fines, fees, and costs authorized or required

by law to be paid to the Courts, to receipt therefore, and to deliver

them to the Tribal Treasurer for deposit in the Court fund.

(d)

To accept, when ordered by the Court, monies for the

payment of civil judgments and to pay same by check to the party

entitled to them. For the purpose of taking such action, the Clerk is

authorized to maintain a bank checking account subject to the

oversight of the Supreme Court and to deposit and withdraw funds

therefrom. This account shall be audited at least once each year by

the Tribal Accounting Department or an independent Certified

Public Accountant, and the Clerk shall give a fidelity or performance

bond to guarantee the funds deposited therein in such amount as

the Supreme Court shall direct.

(e)

To administer oaths, issue summons and subpoenas,

certify a true copy of Court records, and to accurately keep each and

every record of the Supreme and District Court.

(f)

To provide a record in the absence of a Court Reporter to

accurately and completely record all proceedings and hearings of the

Courts. If a Court Reporter is available, the Court Reporter shall

have the authority to administer oaths and undertake such other

Court functions as shall be provided by law or Court Rule.

(g)

To provide stenographic and clerical services to the Court

and the Attorney General or Prosecuting Attorney when requested.

(h)

To act as librarian, and to keep and maintain the Court's

law library.

(j)

To undertake all duties assigned or delegated to the

Clerk's office by Tribal law or Court Rule.

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Section 305. Seal

The Court Clerk is authorized to have and use a seal which

shall be circular in form and contain the words, "District Court

Clerk", and the name of the Tribe around the edge thereof, and the

words "Official Seal" or the official Tribal emblem in its center.

When acting as the Clerk of the Supreme Court the Clerk's seal shall

be circular in form and contain the words "Supreme Court Clerk"

and the name of the Tribe around the edge thereof, and the words

"Official Seal" or the Tribal emblem in the center. The seal shall be

impressed upon all warrants, subpoenas, summons, certified copies

of records, judgments, orders, decrees, and similar documents, as

evidence of their authenticity.

Section 306. Certification of True Copies

The Court Clerk is authorized to certify that a copy of any

record in his office is a true and accurate copy of the record on file

by signed stamp or writing placed on such copy, sealed with the seal

of the Court Clerk's office, and in substantially the following form:

CERTIFICATE OF TRUE COPY

I hereby certify that the above and foregoing

______________ is a true, accurate and exact

copy of the original of same as it remains of record

on file in my office.

Clerk of the District Court [or Supreme Court]

[NAME OF TRIBE]

Date

Certified copies of records shall be admissible as evidence without

further authentication in all judicial and administrative proceedings

of this Tribe.

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Section 307. Courts Always Open

The District and Supreme Court shall be deemed always open

for the purpose of filing any pleading or other proper paper, of

issuing and returning mesne and final process, and of making and

directing all interlocutory motions, orders, and rules.

Section 308. Trials and Hearings — Orders in Chambers

All trials upon the merits, except as specifically provided by

law and in children's cases shall be conducted in open Court and so

far as convenient in a regular courtroom. All other acts or

proceedings may be done or conducted by a Judge in chambers,

without the attendance of the clerk or other court officials in any

place either within or without the tribal jurisdiction; but no hearing,

other than one ex parte, shall be conducted outside the tribal

jurisdiction without the consent of all parties affected thereby,

except when determined by the Court to be necessary or expedient

in children's cases arising under the Indian Child Welfare Act of

1978, or when the Tribe has entered into an agreement with

another government for the sharing of judicial officers and

courtroom space in which case the Court may sit in any place

authorized by such agreement.

Section 309. Clerk's Office and Orders by the Clerk

The Clerk's office with the Clerk or a deputy in attendance shall

be open during business hours on all days except Saturdays, Sundays,

and legal holidays, but the Court may provide by rule or order that its

Clerk's office shall be open for specified hours on Saturdays or

particular legal holidays other than New Year's Day, Washington's

Birthday, Memorial Day, Independence Day, Labor Day, Columbus

Day, Veterans Day, Thanksgiving Day, and Christmas Day. All-motions

and applications in the Clerk's office for issuing mesne process, for

issuing final process, to enforce and execute judgments, for entering

defaults or judgments by default, and for other proceedings which do

not require allowance or order of the Court are grantable of course by

the Clerk, unless the Civil Procedure Act

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requires previous approval by the Court, but his action may be

suspended or altered or rescinded by the Court upon cause shown.

Section 310. Notice of Orders or judgments

Immediately upon the entry of an order or judgment, the Clerk

shall serve a notice of the entry by mail upon each party or their

attorney who is not in default for failure to appear, and shall make

note in the docket of the mailing. Such mailing is sufficient notice

for all purpose for which notice of the entry of an order is required

by law, but any party may in addition serve a notice of such entry in

the manner provided in the Civil Procedure Act for the service of

papers. Lack of notice of the entry by the Clerk does not affect the

time to appeal or relieve or authorize the Court to relieve a party for

failure to appeal within the time allowed, except as permitted in the

Civil Procedure Act.

Section 311. Books and Records Kept by the Clerk and Entries

Therein

(a) The Clerk shall keep a book known as the "Civil Docket" of

such form and style as may be prescribed by the Justices of the

Supreme Court, and shall enter therein each civil action. Actions

shall be assigned consecutive file numbers. The file number of each

action shall be noted on the folio of the docket whereupon the first

entry of the action is made. All papers filed with the Clerk, all process

issued and returns made thereon, all appearances, orders, verdicts,

and judgments shall be entered chronologically in the civil docket on

the folio assigned to the action and shall be marked with its file

number. These entries shall be brief but shall show the nature of

each paper filed or writ issued and the substance of each order or

judgment of the Court and of the returns showing execution of

process. The entry of an order or judgment shall show the date the

entry is made. When in an action trial by jury has been properly

demanded or ordered, the Clerk shall enter the word "jury" on the

folio assigned to that action. When in an action trial by judicial panel

has been properly demanded or ordered, the Clerk shall enter the

words "judicial panel" on the folio assigned to that action.

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(b)

In like fashion, the Clerk shall keep suitable dockets,

indices, calendars, and judgment records for the criminal, juvenile,

and small claims dockets of the District Court, and the appeals and

original action docket of the Supreme Court. The appeals and

original action dockets of the Supreme Court may be combined if the

Supreme Court shall so direct.

(c)

The Clerk shall also keep such other books and records

as may be required from time to time by law or the Supreme Court.

Section 312. Stenographic Report or Transcript as Evidence

(a)

Whenever the testimony of a witness at a trial or hearing

which was stenographically reported is admissible in evidence at a

later trial, it may be proved by the transcript thereof duly certified by

the person who reported the testimony.

(b)

Whenever the testimony of a witness at a trial or hearing

which was electronically taped is admissible in evidence at a later

trial, it may be proved by the tape recording thereof maintained in

the custody of the Court Clerk with the records of the trial, or by

some other person duly certified as correct by the Court Clerk, or by

some other person duly authorized to administer oaths, who has

prepared or caused to be prepared under his direction a transcript of

the recording.

Section 313. Judgment Docket

The judgment docket shall be kept in the form of an index in

which the name of each person against whom judgment is rendered

shall appear in alphabetical order, and it shall be the duty of the

Clerk immediately after the rendition of a judgment to enter on said

judgment docket a statement containing the names of the parties, the

amount and nature of the judgment and costs, and the date of -its

rendition, and the date on which said judgment is entered on said

judgment docket; and if the judgment be rendered against several

persons, the entry shall be repeated under the name of each person

against whom the judgment is rendered in alphabetical order.

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Section 314. Execution Docket

In the execution docket the Clerk shall enter all executions as

they are issued. The entry shall contain the names of the parties, the

date and amount of the judgment and costs, and the date of the

execution. The Clerk shall also record in full the return of the Chief

of the Tribal Police to each execution, and such record shall be

evidence of such return, if the original be mislaid or lost.

Section 315. Clerk May Collect judgment and. Costs

Where there is no execution outstanding, the Clerk of the Court

may receive the amount of the judgment and costs, and receipt

therefore, with the same effect as if the same had been paid to the

Chief of the Tribal Police on an execution, and the Clerk shall be liable

to be amerced in the same manner and amount as the Chief of the

Tribal Police for refusing to pay the same to the party entitled thereto,

when requested, and shall also be liable on his official bond.

Section 316. Clerks to Issue Writs and Orders

All writs and orders for provisional remedies, and process of

every kind shall be prepared by the party or his attorney who is

seeking the issuance of such writ, order, or process and shall be

issued by the Clerk. Except for summons and subpoena, the Clerk

shall not issue any such writ, order, or process except upon order or

allowance of the Court unless specific authorization for his issuing

such document is found in the Tribal Code.

Section 317. Clerk to File and Preserve Papers

It is the duty of the Clerk to file together and carefully preserve

in his office, all papers delivered to him for that purpose in every

action or proceeding.

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Section 318. Each Case to be Kept Separate.

The papers in each case shall be kept in a separate file marked

with the title and number of the case.

Section 319 Indorsements

He shall indorse upon every paper filed with him, the day of

filing it; and upon every order for a provisional remedy, and upon

every undertaking given under the same, the day of its return to his

office.

Section 320. Entry on Return of Summons

He shall, upon the return of every summons, enter upon the

appearance docket whether or not service has been made; and if the

summons has been served, the name of the defendant or defendants

summoned and the day and manner of the service upon each one.

The entry shall be evidence in case of the loss of the summons.

Section 321. Material for Record

The record shall be made up from the complaint, the process,

return, the pleadings subsequent thereto, reports, verdicts, orders,

judgments, and all material acts and proceedings of the Court, but

if the items of an account, or the copies of papers attached to the

pleadings, the voluminous, the Court may order the record to be

made by abbreviating the same, or inserting a pertinent description

thereof, or by omitting them entirely. Evidence must not be

recorded in the file or appearance docket, provided that the

transcript of testimony may be appended to the record when paid

for by a party for the purpose of appeal.

Section 322. Memorializing Record

It is the duty of the Court to write out, sign, and record its

orders, judgments, and decrees within a reasonable time after their

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rendition. To aid in the performance of this duty, the Court may

direct counsel or the Court Clerk to prepare the written

memoriali7ation for its signature and, after it is signed, to file it in

the case record, or, the Court may direct the Clerk to prepare the

written memorialization dictated by the Court and sign and file the

same on the Court's behalf.

Section 323. Clerk to Keep Court Records; Books and Papers —

Statistical and Other Information

The Clerk shall keep the records and books and papers

appertaining to the Court and record its proceedings, and exercise

the powers and pedal. iii the duties imposed upon him by Tribal

statute, order of the Court, or Court rule. The Clerk is directed to

furnish annually, or at such times as shall be requested, without

cost to the Supreme Court and to the Tribal Legislative Body, such

statistical and other information as the Supreme Court or the Tribal

Legislative Body may require, including, but without being limited

to, the number and classification of cases:

(a)

Filed with the Court.

(b)

Disposed of by the Court, and the manner of such

disposition.

(c)

The number of cases pending before the Court.

Section 324. Applicable to District and Supreme Court

The provisions of this Chapter shall apply to the Clerk of the

Tribal District Court and the Tribal Supreme Court insofar as they

may be applicable.

Section 325. Bonds

The Court Clerk and each deputy Clerk shall be bonded by a

position fidelity bond to guarantee the proper performance of their

duties and their fidelity in the handling of the money and other

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property coming into their hands in the performance of their duties.

The amount of such bond shall be set by the Tribal Legislative Body

and the cost thereof shall be paid from Tribal funds.

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CHAPTER FOUR

CHIEF OF THE TRIBAL POLICE — PROCESS

Section 401. Style of Process

The style of all process shall be "[The [NAME OF TRIBE] to:"

and all process shall be under the seal of the Court Clerk and shall

be signed by the Court Clerk, and dated the day it is issued.

Section 402. Appointment of Substitute for Tribal Police

Chief

The Court or a Judge thereof, or any Clerk in the absence of

the Judge and upon his oral or written order, for good cause, may

appoint a person to serve a particular process or order, who shall

have the same power to execute it which the Chief of the Tribal

Police has. The person may be appointed on the application of the

party obtaining the process or order, and the return must be

verified by affidavit. He shall be entitled to the same fees allowed to

the Chief of the Tribal Police for similar services.

Section 403. Tribal Police Chief to Indorse Time of Receipt on

Process

The Chief of the Tribal Police shall indorse upon every

summons, order of arrest, or for the delivery of property or of

attachment or injunction, the day and hour it was received by him.

Section 404. Tribal Police Chief to Execute and Return

Process

The Chief of the Tribal Police shall execute every summons,

order or other process, and return the same as required by law, and if

he fails to do so, unless he make it appear to the satisfaction of the

Court that he was prevented by inevitable accident from so doing, he

shall be amerced by the Court in a sum not exceeding Five Hundred

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Dollars ($500.00) upon motion and ten (10) days notice, and shall be

liable to the action of any person aggrieved by such failure. Provided

that whenever any party, his agent or attorney shall make and file

with the Clerk of the Court an affidavit, stating that he believes that

the Chief of the Tribal Police will not, by reason of either partiality,

prejudice, consanguinity or interest, faithfully perform his duties in

any suit commended in Court, the Clerk shall direct the original, or

other process, in such suit to the Chief Executive Officer of the Tribe

or his designate other than the Chief of the Tribal Police who shall

execute the same in like manner as the Chief of the Tribal Police

might or ought to have done, and who shall be subject to the same

penalties as the Chief of the Tribal Police if he fail to do so, unless he

make it appear that he was prevented by inevitable accident from so

doing, and the Chief Executive Officer or his designate other than the

Chief of the Tribal Police shall perform all of the other duties of the

Chief of the Tribal Police when the Tribal Police Chief shall be a party

to the case, or is disqualified.

Section 405. When Bailiff or Tribal Police May Adjourn

Court

If the Judge fails to attend at the time and place appointed for

holding his Court, the Chief of the Tribal Police, or other person

appointed by the Court as bailiff, or in the absence of either the

Court Clerk, shall have power to adjourn the Court, from day to day,

until the regular or assigned Judge attend or a Special Judge, or

Judge pro tempore, be selected.

Section 406. Other Duties of Tribal Police Chief —

Disposition of Fees

The Chief of the Tribal Police shall exercise the powers and

duties conferred and imposed upon him by the Tribal Code, Court

rule, and -the Common law. The Police Chief's fees allowed by the

Court for the service of process and mileage shall be paid into the

general miscellaneous account of the Tribal Police Department and

may be transferred to another line item upon order of the Chief of the

Tribal Police or used for any allowable expense or cost of the Tribal

Police Department other than the payment of salaries.

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CHAPTER FIVE

BONDS AND SURETIES

Section 501. Justification of Surety

A ministerial officer whose duty it is to take security in any

undertaking provided for by the Tribal Code shall require the person

offered as surety, if not a qualified surety or bonding company, to

make an affidavit of his qualifications, which affidavit may be made

before such officer, and shall be indorsed upon or attached to the

undertaking. If the undertaking is given by a qualified surety or

bonding company, the credentials of the persons making the

undertaking shall be shown and attached thereto. The ministerial

officer shall have the power to administer oaths for the purpose of

making any affidavits required by this Chapter.

Section 502. Qualifications of Surety

The surety in every undertaking provided for by the Tribal Code,

unless a surety or bonding company authorized to give their bond or

undertaking by Tribal law, irrevocably submits himself to the

jurisdiction of the Tribal Court for the purpose of enforcement of said

bond or undertaking, and must be worth double the sum to be

secured, over and above all exemptions, debts, and liabilities. Where

there are two or more sureties in the same undertaking, they must in

the aggregate have the qualifications prescribed in this Section.

Section 503. Real Estate Mortgage as Bond

In every instance where bond, indemnity or guaranty is

required, a first mortgage upon real estate within a State in which

any portion of the Tribal jurisdiction lies shall be accepted, provided,

that the amount of such bond, guaranty, or indemnity shall not

exceed fifty per cent of the reasonable valuation of such improved

real estate, provided further, that where the amount of such bond,

guaranty or indemnity shall exceed fifty per cent of the reasonable

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valuation of such improved real estate, then such first mortgage shall

be accepted to the extent of such fifty per cent valuation.

Section 504. Valuation of Real Estate

The officer, whose duty it is to accept and approve such bond,

guaranty or indemnity shall require the affidavits of two landowners

or licensed real estate appraisers or brokers versed in land values in

the community where such real estate is located to the value of such

real estate. Said officer shall have the authority to administer the

oaths and take said affidavits.

Section 505. False Valuation — Penalty

Any person willfully making a false affidavit as to the value of

any such real estate shall be guilty of perjury and punished

accordingly. Any officer administering or accepting such affidavit

knowing it to be false shall be guilty of conspiracy to commit perjury

and punished accordingly. Any such wrongdoer shall be liable in a

civil action to the party injured by such false affidavit to the extent of

the injury proximately caused thereby.

Section 506. Action by Tribe or Tribal Department — No Bond

Required

Whenever an action is filed in the Court by the Tribe, or by

direction of any department of the Tribe, its agencies, Commissions,

or political branches, no bond, including costs, replevin, attachment,

garnishment, re-delivery, injunction bonds, appeal bonds, or other

obligations of security shall be required from such party either to

prosecute said suit, answer, or appeal the same. In case of an adverse

decision, such costs as by law are taxable against such party shall be

paid out of the miscellaneous fund or other available fund of the

party under whose direction the proceedings were instituted.

Section 507. Appearance Bond — Enforcement

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(a)

If a bench warrant or command to enforce a Court order

by body attachment is issued in a cause for divorce, legal separation,

annulment, child support, or alimony, or in any civil proceeding in

which a judgment debtor is summoned to answer as to assets, and

the person arrested, pursuant to the authority of such process,

makes a bond for his appearance at the time of trial or other

proceeding in the case, the bond made shall be disbursed by the

Court Clerk upon order of the Court ,to the party in the suit who has

procured the bench warrant or command for body attachment rather

than to the Tribe as the Court shall direct for the payment of any

sum due. The penalty on the bond or any part thereof, shall, when

recovered, first be applied to discharge the obligation adjudicated in

the case in which the bond was posted, and any excess shall be

deposited in the Court fund. The party who is the obligee on such

bond shall have the right to enforce its penalty to the same extent

and in the same manner as the Tribe may enforce the penalty on a

forfeited bail bond.

(b)

Upon forfeiture of a bond payable to the Tribe as ordered

by the Court, including bail bonds, the Tribe may enforce the penalty

on the bond upon motion filed in the case by any method authorized

for the execution of civil judgments. All amounts received upon such

forfeited bonds as penalty shall be deposited in the court fund. The

Court may, for good cause shown, vacate an order of bond forfeiture.

TITLE

TRIBAL COURTS

CHAPTER SIX

MISCELLANEOUS

Section 601. Deputy May Perform Official Rules

Any duty enjoined by the Tribal Code upon a ministerial

officer, and any act permitted to be done by him, may be performed

by his lawful deputy unless otherwise specifically stated.

Section 602. Affirmation

Whenever an oath is required by the Tribal Code, the

affirmation of a person, conscientiously scrupulous of taking an

oath shall have the same effect.

Section 603. Publications in "Patent Insides"

(a)

Every daily or weekly newspaper published continuously

for a period of two years in any county in which a portion of the

tribal jurisdiction lies, or within or adjacent to the tribal jurisdiction,

and the Tribal Newspaper shall be recognized and authorized to

publish all publications and notices required or permitted to be

published by the Tribal Code.

(b)

All publications and notice required by law to be

published in a newspaper, if published in newspapers having one

side of the paper printed away from the office of publication, known

as patent outsides or insides, shall have the same force and effect as

though the same were published in newspapers printed wholly and

published as required by Subsection (a) of this Section if at least one

side of such paper is printed within the legal area.

Section 604. Action on Official Bond

When an officer, executor, or administrator within the

jurisdiction of the Tribe by misconduct or neglect of duty, forfeits his

TITLE

TRIBAL COURTS

bond or renders his sureties liable, any person injured thereby, or

who is, by law, entitled to the benefit of the security, may bring an

action thereon in his own name, against the officer, executor, or

administrator and his sureties, or may proceed in a proper case as

provided in the Civil Procedure Act, to recover the amount to which

he may be entitled by reason of the delinquency.

Section 605. May be Several Action on Same Security

A judgment in favor of a party for one delinquency does not

preclude the same or another party from an action on the same

security for another delinquency.

Section 606. Immaterial Errors to be Disregarded

The Court, in every stage of action, must disregard any error or

defect in the pleadings or proceedings which does not affect the

substantial rights of the adverse party, and no judgment shall be

reversed or affected by reason of such immaterial or harmless error

or defect.

Section 607.

Incompetents

Payments

Into

Court

for

Minors

and

Where any amount of money not exceeding Five Hundred

Dollars ($500.00) shall be deposited and paid into Court by virtue of

any judgment, order, settlement, distribution, or decree for the use

and benefit of, and to the credit of, any minor or incompetent person

having no legal guardian of his estate appointed by the Court, and no

person shall within ninety (90) days thereafter become the legal and

qualified guardian of the estate of such minor or incompetent person,

if it appears to the Court that such money is needed for the support

of such minor or incompetent person or that it is otherwise for the

best interest of such minor or incompetent person, the Court may, in

its discretion, order payment of such funds to be made to any proper

and suitable person as trustee for such minor or incompetent person,

with bond, as the Court may direct, to be expended for the support,

use, and benefit of such minor or incompetent person. Such order

TITLE

TRIBAL COURTS

may be made by the Court in the original cause in which the funds

are credited upon the application of any interested person; and the

Court may direct the Clerk of the Court to make payment of the same

to be made in installments or in one lump sum as may seem for the

best interests of such minor or incompetent person. If a qualified

guardian has been appointed by the Court with bond, the Court shall

order the money paid to the guardian for the use of the minor or

incompetent person subject to such restrictions and accountings as

the Court may direct.

Section 608. Conserving

Incompetent Persons

Moneys

Obtained

for

Minors

Moneys recovered in any Court proceeding by a next friend or

guardian ad litem for or on behalf of a person who is less than

eighteen (18) years of age or incompetent in excess of Five Hundred

Dollars ($500.00) over sums sufficient for paying costs and expenses

including medical bills and attorney's fees shall, by order of the

Court, be deposited in a banking or savings and loan institution,

approved by the Court. Until the person becomes eighteen (18) years

of age or competent to again handle his affairs, withdrawals of

moneys from such account or accounts shall be solely pursuant to

order of the Court made in the case in which recovery was had.

When an application for the order is made by a person who is not

represented by an attorney, the Judge of the Court shall prepare the

order. This Section shall not apply in cases where a legal guardian

has been appointed by the Court for the estate of the minor or

incompetent person with adequate bond to secure any money

released. In such cases, such money, or any portion thereof as the

Court may direct, may be paid over to the guardian to be used

exclusively for the support and education of such minor or

incompetent person, subject to such restrictions and accounting as

the Court shall direct.

Section 609. Sharing of Judicial Officers

Notwithstanding any other provision of this Act, the Tribal

Legislative Body is hereby authorized to negotiate an agreement with

the Bureau of Indian Affairs or other Indian Tribes for the shared

TITLE

TRIBAL COURTS

use of magistrates, trial judges, and appellate court justices. In

addition to any other necessary or convenient provision, such

agreements may determine the method of selection and retention of

shared judicial officers, their compensation, and required duties.

When acting on behalf of the Tribe, such magistrates, judges, or

justices shall have all the powers and authority vested in a

Magistrate, Judge, or Justice of the Tribe. Such judicial officers may

be in addition to, in lieu of, or the same as, those Magistrates,

Judges, and Justices authorized by this Act.

Section 610. Sharing of Other Judicial Personnel

Notwithstanding any other provision of this Act, the Tribal

Legislative Body is hereby authorized to negotiate an agreement with

the Bureau of Indian Affairs or other Indian Tribes for the shared use

of Court Clerks, District Attorneys, Bailiffs, Court Reporters, and

other judicial related or support personnel. In addition to any other

necessary or convenient provision, such agreements may determine

the method of selection and retention of shared personnel, their

compensation, and requiring duties. When acting on behalf of the

District and Supreme Courts, such personnel shall have all the

powers and authority of the equivalent position in the Tribal Code.

Such personnel may be the same as, in addition to, or in lieu of,

tribal personnel in these positions.

Section 611. Sharing of Material Resources

Notwithstanding any other provision of Tribal law, the Tribal

Legislative Body is hereby authorized to negotiate an agreement with

the Bureau of Indian Affairs, other Indian Tribes, or any other unit of

government for the shared use of facilities, including courtroom,

offices, and jail space, equipment, and supplies necessary for the

operation of the Court and law enforcement agencies of the Tribe.

Section 612. Sharing of Financial Resources

Provision may be made in the above mentioned agreements for

the allocation of fines, fees, and court costs to support the functions

TITLE

TRIBAL COURTS

of the judicial system, provided, that the salaries of the magistrates,

judges, justices, and District Attorney shall not be subject to, or

contingent upon the assessment or collection of any such fines, fees,

court costs, or penalties. Such agreements may also provide for

certain monetary contributions by the participating Tribes or

agencies to the funding of the Court and provide a formula therefore,

and may designate any particular grant money for the use of the

Court, or may designate the Court as a prime contractor, grantee, or

similar designation to authorize the Court to apply directly to any

funding source for any grant or contract funds available for the

operation of the Court.

Section 613. Indians Employed in the Indian Service

All persons employed in the Indian Service shall be subject to

the jurisdiction of the Court to the extent permitted by law in any

civil or criminal action, but any such employee appointed by the

Secretary of the Interior shall not be subject to any sentence or

judgment of the Court for actions while one official duty except to

the extent permitted by federal law, unless such sentence or

judgment shall have been approved by the Secretary of the Interior.

Section 614. Copies of Laws

(a)

The Supreme Court law library shall be provided with

copies of all Federal, Tribal, and State laws and the regulations of

the Bureau of Indian Affairs which may be applicable to the conduct

of any persons within the tribal jurisdiction.

(b)

Whenever the Court is in doubt as to the meaning of any

law, treaty, or regulation, it may request the Tribal Attorney General

to furnish an opinion on the point in question.

Section 615. Cooperation by Federal Employees

(a) No field employee of the Indian Service shall obstruct,

interfere with, or control the functions of the Courts of the Tribe, of

influence, or attempt to influence, interfere with, obstruct, or control

TITLE

TRIBAL COURTS

such functions in any manner except in response to a request for

advice or information from the Court.

(b) Employees of the Bureau of Indian Affairs and the Indian

Health Service, particularly those who are engaged in police, social

service, health, and educational work, shall assist the Court upon its

request in the preparation and presentation of the facts in the case,

and in the proper treatment of offenders and juveniles.

Section 616. Effect of Prior Decisions of the Court

The prior decisions of the Courts acting for the Tribe shall be

binding upon the parties thereto. The rules of laws stated in such

decisions, not inconsistent with Tribal statutes enacted after such

decisions, shall be precedent in the Courts subject to modification or

being overruled by subsequent opinion of the Court as in other cases.

Section 617. Judicial Review of Legislative and Executive

Actions

The District and Supreme Courts shall have the authority to

review any act by the Tribal Legislative Body, or any tribal officer,

agent, or employee to determine whether that action, and the

procedure or manner of taking that action, is Constitutional under the

Tribal Constitution, authorized by tribal law, and not prohibited by the

Indian Civil Rights Act. If the Court finds that the contemplated action

is authorized by the Constitution and Tribal Statutes enacted thereto,

or the common law, and that the manner in which the authorized

action is to be exercised is not prohibited by the Tribal

Constitution, Tribal statutes enacted pursuant thereto, or federal

law, the Court shall dismiss the case. The Court shall not otherwise

review the exercise of any authority committed to the discretion of a

tribal officer, agency, agent, or employee by Tribal law unless some

specific provision of law authorizes -judicial review of the- merits of

the discretionary decision of action.

TITLE

TRIBAL COURTS

Section 618. Action When No Procedure Provided

Whenever no specific procedure is provided in the Tribal Code,

the Court may proceed in any lawful fashion.

PAWNEE TRIBE OF OKLAHOMA

Law and Order Code

TITLE II

APPELLATE PROCEDURE

Prepared By:

Marvin E. Stepson

Attorney at Law

Fairfax, Oklahoma

October 1, 1993

TITLE

APPELLATE PROCEDURE

INDEX

Section

Name

Scope and Applicability of Rules

Suspension and Revision of Rules

Discretionary Authority

CHAPTER ONE

APPEALS FROM JUDGMENTS AND ORDERS OF THE TRIBAL

COURT

101

102

103

104

105

106

107

108

109

110

111

Appeal As Of Right — How Taken

Appeal As Of Right — When Taken

Interlocutory Appeals in Civil Actions

Interlocutory Appeals In Criminal Actions

Appeals by the Tribe in Criminal Actions

Bond For Costs On Appeal In Civil Cases

Stay Or Injunction Pending Appeal

Release in Criminal Cases

The Record on Appeal

Transmission of Record

Docketing The Appeal; Filing The Record

CHAPTER TWO

EXTRAORDINARY WRITS

201

202

203

204

Mandamus or Prohibition Directed To a Judge or Judges

Denial Or Order Directing Answer

Other Extraordinary Writs

Form of Papers, Number of Copies

CHAPTER THREE

HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS

SUBCHAPTER A - HABEAS CORPUS

301

302

303

Habeas Corpus Proceedings

Transfer Of Custody Pending Review

Detention Or Release Pending Review Of Decision Failing

To Release

TITLE

304

305

APPELLATE PROCEDURE

Detention Or Release Pending Review Of Decision Ordering

Release

Modification of Initial Order Respecting Custody

SUBCHAPTER B - PROCE1-.1)INGS IN FORMA PAUPERIS

311

312

313

Leave From Tribal District Court to Proceed to Supreme

Court

Special Rule For Parties Previously Granted Permission To

Proceed In Forma Pauperis

Remedy For Denial Of Motion By Tribal District Court

CHAPTER FOUR

GENERAL PROVISIONS

401

402

403

404

405

406

407

Filing and Service

Service of All Papers Required

Manner Of Service

Proof Of Service

Computation of Time

Enlargement Of Time

Additional Time after Service By Mail

SUBCHAPTER A - MOTIONS AND BRIEFS

411

412

413

414

415

416

417

418

419

420

421

422

423

424

425

Content, Response, and Reply to Motions

Determination of Motions for Procedural Orders

Power of a Single Judge to Entertain Motions

Form of Papers; Number of Copies

Brief of Appellant

Brief of Appellee

Reply Brief

References in Briefs to Parties

References in Briefs to the Record and Statutes

Length of Briefs

Briefs in Cases Involving Cross Appeals

Briefs in Cases Involving Multiple Appellants or

Appellees

Citation of Supplemental Authorities

Brief of an Amicus Curiae

Appendix to the Briefs

TITLE

APPELLATE PROCEDURE

47 6

477

478

429

430

Time for Filing and Service of Briefs

Number of Copies to Be Filed and Served

Consequence of Failure to File Briefs

Form of Briefs, the Appendix and Other Papers

Form of Other Papers

SUBCHAPTER B - ARGUMENT

441

442

443

444

445

446

447

448

449

450

451

Pre-hearing Conference

Oral Argument in General

Notice of Argument; Postponement

Order and Content of Argument

Cross and Separate Appeals

Non-Appearance of Parties

Submission on the Briefs

Use of Physical Exhibits at Argument; Removal

When Hearing or Rehearing in Banc Will Be Ordered

Suggestion of a Party for Hearing or Rehearing In Banc

Time for Suggestion of a Party for Hearing or Rehearing

in Banc; Suggestion does not Stay Mandate

SUBCHAPTER C - JUDGMENT

461

462

463

464

465

466

467

468

469

470

471

472

473

Entry of Judgment

Interest on Judgments

Damages for Delay

To Whom Costs Allowed

Costs For Or Against the Tribe

Costs of Briefs, Appendices, and Copies of Records

Bill Of Costs; Objections; Costs Inserted In Mandate Or

Added Later

Costs On Appeal Taxable in the Tribal District Court

Petition For Rehearing

Issuance of Mandate

Voluntary Dismissal

Substitution of Parties

Cases Involving Constitutional or Indian Civil Rights Act

Questions Where the Tribe Is Not A Party

APPENDIX Rules Relating to Attorneys and Lay Advocates

TITLE

APPELLATE PROCEDURE

CHAPTER ONE

APPEALS FROM JUDGMENTS AND ORDERS OF THE TRIBAL

COURT

Section 101. Appeal As Of Right — How Taken

(a)

Filing the Notice Of Appeal. An appeal permitted by the

laws of the Tribe as of right from the Tribal District Court to the

Supreme Court of the Tribe shall be taken by filing a notice of

appeal with the Clerk of the Tribal District Court within the time

allowed by Section 102, or by the statute applicable in the specific

case. Failure of an appellant to take any step other than the timely

filing of a notice of appeal does not affect the validity of the appeal

but is grounds only for such action as the Supreme Court deems

appropriate, which may include dismissal of the appeal.

(b)

Joint or Consolidated Appeals. If two or more persons

are entitled to appeal from a judgment or order of Tribal District

Court, and their interests are such as to make joinder practicable,

they may file a joint notice of appeal, or may join in appeal after

filing separate timely notices of appeal, and they may thereafter

proceed on appeal as a single appellant. Appeals may be

consolidated by order of the Supreme Court upon its own motion or

upon motion of a party, or by stipulation of the parties to the

several appeals.

(c)

Content of the Notice of Appeal. The notice of appeal

shall specify the parties to the appeal; shall designate the order,

commitment, or judgment appealed from, the docket, civil,

criminal, juvenile, or small claims of the Tribal District Court from

which the appeal is taken, and a short statement of the reason or

grounds for the appeal. An appeal shall not be dismissed for

informality of form or title of the notice of appeal.

(d)

Service of the Notice of Appeal. The Clerk of the Tribal

District Court shall serve notice of the filing of an appeal by mailing

a copy of the notice of appeal, which copy shall be provided by the

appealing party, to counsel of record of each party other than the

appellant, and to the party at his last known address; and shall

TITLE

APPELLATE PROCEDURE

forthwith certify and deliver to the Clerk of the Supreme Court, for

filing in the Supreme Court, a certified copy of the notice of appeal.

The Clerk of the Supreme Court shall enter such filing upon the

docket of the Supreme Court. When an appeal is taken by a

defendant in a criminal case, the Clerk of the Tribal District Court

shall also serve a copy of the notice of appeal upon the appellant,

either by personal service or by mail addressed to him. The Clerk of

Tribal District Court shall note on each copy served the date on

which the notice of appeal was filed. Failure of the Clerk to serve

notice shall not affect the validity of the appeal.. Service shall be

sufficient notwithstanding the death of a party or his counsel. The

Clerk shall note in the docket the names of the parties to whom he

mails copies, with the date of mailing.

(e) Payment of Fees. Upon the filing of any separate or joint

notice of appeal from the Tribal District Court, the appellant shall

pay to the Clerk of the Tribal District Court, for deposit in the Court

Fund, of the filing fee which shall be in such amount as may be

determined by rule of the Supreme Court, except that payment of a

filing fee shall not be required for an appeal by the Tribe, its officers,

or agents when acting in their official capacity. If a private party

joins in an appeal by the Tribe, tribal officers, or tribal agents, the

private party shall pay the required filing fee. The Supreme Court, or

a Justice thereof, may waive payment of the filing fee in criminal

cases when the defendant, by affidavit or otherwise, establishes that

he is without sufficient funds or resources with which to pay the

required fees.

Section 102. Appeal As Of Right — When Taken (a)

Appeals In Civil Cases.

(1) In a civil case in which an appeal is permitted by

law as of right from the Tribal District Court to the Supreme

Court, the. notice of appeal required by Section 101_shall be

filed with the Clerk of the Tribal District Court within the

following time periods after entry of the judgment or order

appealed from, if a time certain is not otherwise provided by

statute:

TITLE

APPELLATE PROCEDURE

(i)

From an order or judgment is an action for

forcible entry or forcible or unlawful detainer. Ten (10)

Days;

(ii)

From an order, decree, or judgment of the

Juvenile Division of the District Court, (except an order,

decree, or judgment which terminates parental rights).

Thirty (30) Days.

(iii) From an order, decree, or judgment of the

Juvenile Division of the District Court which terminates

parental rights. Ninety (90) Days.

(2)

Except as provided in subsection (a)(4) of this

Section, a notice of appeal filed after the announcement of a

decision or order but before the formal entry of the judgment

or order shall be treated as filed after such entry and on the

day thereof.

(3)

If a timely notice of appeal is filed by a party, any

other party may file a notice of appeal within 14 days after the

date on which the first notice of appeal was filed, or within the

time otherwise prescribed by this Section, whichever period

last expires.

(4)

If a timely motion under the Civil Procedure Act is

filed in the Tribal District Court by any party.

(i)

for judgment notwithstanding the verdict, or

(ii)

to amend or make additional findings of fact,

whether or not an alteration of the judgment would be

required if the motion is granted, or

trial,

(iii)

to alter or amend the judgment or for a new

then, and in that event, the time for appeal for all parties shall run

from the entry of the order denying a new trial or granting or

denying any other such motion. A notice of appeal filed before the

disposition of any of the above motions shall have no effect. A new

TITLE

APPELLATE PROCEDURE

notice of appeal must be filed within the prescribed time measured

from the entry of the order disposing of the motion as provided

above. No additional fees shall be required for such filing.

(5)

The Tribal District Court, upon a showing of

excusable neglect or good cause, may extend the time for filing

a notice of appeal in a civil action upon motion filed not later

than 30 days after the expiration of the time prescribed by this

Section. Any such motion which is filed before expiration of the

prescribed time for the filing of a notice of appeal may be ex

parte unless the Tribal District Court otherwise requires.

Notice of any such motion which is filed after expiration of the

prescribed time shall be given to the other parties in

accordance with the Civil Procedure Act. No such extension

shall exceed 30 days past such prescribed time or 10 days

from the date of entry of the order granting the motion,

whichever occurs later.

(6)

A judgment or order is entered within the meaning

of this Section when it is entered compliance with the Civil

Procedure Act.

(b) Appeals in Criminal Cases. In a criminal case, the notice

of appeal by a defendant shall be filed in the Tribal District Court

within 10 days after the entry of the final judgment and sentence or

other order appealed from. A notice of appeal filed after the

announcement of a decision, sentence, or order, but before formal

entry of the judgment or order shall be treated as filed after such

entry and on the day thereof. If a timely motion in arrest of

judgment, or a motion for a new trial on any ground other than

newly discovered evidence has been made, an appeal from a

judgment of conviction may be taken within 10 days after the entry

of an order denying the motion. A motion for a new trial based on

the ground of newly discovered evidence will similarly extend the

time for appeal from a judgment of conviction if the motion is made

before or within 10 days after entry of the judgment. When an

appeal by the Tribe is authorized by statute, the notice of appeal

shall be filed by the Tribe in the Tribal District Court within 10

days after the entry of the judgment or order appealed from unless

a different time is specifically set by the statute authorizing the

appeal. A judgment or order is entered within the meaning of this

TITLE

APPELLATE PROCEDURE

subdivision when it is entered in the criminal docket pursuant to

the Criminal Procedure Act. Upon a showing of excusable neglect

Tribal District Court may, before or after the time has expired, with

or without motion and notice, extend the time for filing a notice of

appeal for a period not to exceed 30 days from the expiration of the

time otherwise prescribed by this subdivision of this Section.

Section 103. Interlocutory Appeals in Civil Actions

(a) Interlocutory Appeals as of Right. A person may appeal to

the Supreme Court by right any order make appealable by law,

and the following judgments or orders of the Tribal District Court .

(1)

An order that grants or refuses a new trial or

vacates or refuses to vacate a judgment on any grounds

including that of newly discovered evidence or the

impossibility of making a record.

(2)

An order that discharges, vacates, or modifies or

refuses to discharge, vacate, or modify an attachment.

(3)

An order that denies grants, or modifies a

temporary injunction, or discharges, vacates, or modifies, or

refuses to discharge, vacate, or modify a temporary injunction.

(4)

An order that discharges, vacates, or modifies, or

refuses to discharge, vacate, or modify a provisional remedy

which affects the substantial rights of the parties.

(5)

An order that appoints a receiver, except where the

receiver was appointed at an ex parte hearing where a full

hearing will be held upon application therefore, refuses to

appoint a receiver, or vacates or refuses to vacate the

appointment of a receiver, or refuses or grants orders to wind

up receiverships or to take steps to accomplish the purposes

thereof, such a directing sales or other disposals of property.

(6)

An order that directs the payment of money

pendente lite, except where granted at an ex parte where a full

TITLE

APPELLATE PROCEDURE

hearing will be held upon application, therefore, refuses to

direct the payment of money pendente lite, or vacates or

refuses to vacate an order directing the payment of money

pendente lite.

(7) An order that certifies or refuses to certify an action

to be maintained as a class action.

(8)

An order with regard to probate matters:

(i) granting, or refusing, or revoking letters

testamentary or of administration, or of guardianship, or

conservatorship, or

(ii) admitting, or refusing to admit, a will to

probate, or

(iii) against or in favor of the validity of a will or

revoking the probate thereof, or

(iv) against or in favor of setting apart property, or

making an allowance for a widow or child, or

(v) against or in favor of directing the partition,

sale or conveyance of any interest in real property, or

(vi) settling an account of an executor, or

administrator or guardian, or

(vii) refusing, allowing or directing the distribution

or partition of an estate, or any part thereof or the payment

of a debt, claim, legacy or distributive share, or

(viii) refusing or allowing the release of any tax

liability, or

(ix) from any other judgment, decree, or order of

the Court in a probate case, or of the Judge thereof,

affecting a substantial right.

TITLE

APPELLATE PROCEDURE

(3) Within 10 days after the entry of an order granting

permission to appeal, the appellant shall:

(i)

pay to the Clerk of the District Court the fees

established by rule of the Supreme Court for the filing of

appeals by permission.

(ii)

file a bond for costs if required by the

Supreme Court.

The Clerk of the Tribal District Court shall notify the

Clerk of the Supreme Court of the payment of the fees. Upon

receipt of such notice the Clerk of the Supreme Court shall enter

the appeal upon the docket. The record shall be transmitted and

filed as in cases of direct appeal by right. A notice of appeal need

not be filed.

Section 104. Interlocutory Appeals In Criminal Actions

(a)

Appeal by the Defendant. An interlocutory appeal to the

Supreme Court may not be taken by the defendant except by leave

of the Court in the same manner as the taking of interlocutory

appeals by permission in civil actions.

(b)

Appeal by the Tribe. An appeal by the Tribe to the

Supreme Court may be taken from a decision or order of the Tribal

Court prior to the beginning of trial suppressing or excluding

evidence, or requiring the return of seized property in a criminal

proceeding, or dismissing the criminal complaint, and, after the

verdict is returned, upon an order granting a new trial, or an order

refusing to revoke probation or parole, or an order reducing a valid

sentence previously imposed.

Section 105. Appeals by the Tribe in Criminal Actions

(a) An -appeal to the Supreme Court may be taken by the

Tribe from the final judgment in a criminal action in the following

cases:

TITLE

APPELLATE PROCEDURE

(1) Upon judgment for the defendant quashing or

setting aside the criminal complaint prior to trial.

(2)

Upon an order of the Court arresting the judgment.

(3)

Upon a question of law reserved by the Tribe,

provided, that the criminal complaint shall be reinstated and the case

shall proceed in the Tribe's appeal is upheld under subsection (a)(1)

of the Section, the judgment and sentence arrested shall be entered

and enforced if the Tribe's appeal is upheld under subsection (a)(2) of

this Section, and a defendant may not be tried against for the same

offense if the Tribe's appeal is upheld under subsection (a)(3) of this

Section.

(b) Pending the prosecution and determination of the appeal in

the foregoing instances, the defendant shall be released in accordance

with Section 108 of this Act.

Section 106. Bond For Costs On Appeal In Civil Cases

The Tribal District Court may require an appellant to file a bond

or provide other security in such form and amount as if finds necessary

to ensure payment of costs on appeal in a civil case. The provisions of

Section 107(b) of this Act applies to a surety upon a bond given

pursuant to this Section.

Section 107. Stay Or Injunction Pending Appeal

(a) Procedure. Application for a stay of the judgment or

order of Tribal District Court pending appeal, or for approval of a

supersedeas bond, or for an order suspending, modifying, restoring

or granting an injunction during the pendency of an appeal must

ordinarily be made in the first instance in the Tribal District Court.

A motion for such relief may be made to the Supreme Court, or to

a Justice thereof, but the motion shall show that application to the

Tribal District Court for the relief sought is not practicable, or that

the Tribal District Court has denied an application, or has failed to

afford the relief which the applicant requested, with the reasons

TITLE

APPELLATE PROCEDURE

given by the Tribal District Court for its action. The motion shall

also show the reasons for the relief requested and the facts relied

upon, and if the facts are subject to dispute the motion shall be

supported by affidavits or other sworn statements or copies thereof.

With the motion shall be filed such parts of the record as are

relevant to the motion. Reasonable notice of the motion shall be

given to all parties. The motion shall be filed with the Clerk of the

Supreme Court, and normally will be considered by the entire

Court, but in exceptional cases where such procedure would be

impracticable due to the requirements of time, the application may

be made to and considered by a single Justice of the Court pending

review by the entire Court. In cases where relief has not been

previously requested in the Tribal District Court, the Supreme

Court may, if it determines such action to be appropriate under the

circumstances, remand the motion to the Tribal District Court for

its initial determination.

(b)

Bond, Proceedings Against Sureties. Relief available in

the Supreme Court under this Section may be conditioned upon the

filing of a bond or other appropriate security in the Tribal District

Court. If security is given in the form of a bond or stipulation or other

undertaking with one or more sureties, each surety submits himself

to the jurisdiction of the Tribal District Court and irrevocably

appoints the Clerk of the Tribal District Court as his agent upon

whom any papers affecting his liability on the bond or undertaking

may be served. It is the responsibility of the surety to provide the

Clerk of the Tribal District Court with his proper and current

address, and a supply of stamped, self-addressed envelopes, if he

wishes copies of any papers served upon the Clerk as his agent to be

mailed to him. His liability may be enforced on motion in the Tribal

District Court without the necessity of an independent action. The

motion and such notice of the motion as the Tribal District Court

shall prescribe may be served on the Clerk of the Tribal District

Court who shall forthwith mail copies to the sureties if their

addresses are known.

(c)

Criminal Cases. Stays in criminal cases shall be had in

accordance with the provisions of Criminal Procedure Act.

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Section 107. Release in Criminal Cases

(a)

Appeal of Order Denying Release Pending Appeal. An

appeal authorized by law from an order refusing or imposing

conditions of release pending appeal of the underlying judgment of

conviction and sentence shall be determined promptly. Upon entry of

an order refusing or imposing conditions of release pending appeal of

the underlying judgment of conviction and sentence, the Tribal

District Court shall state in writing the reasons for the action taken.

The appeal in such matters shall be heard without the necessity of

briefs after reasonable notice to the appellee upon such papers,

affidavits, and portions of the record as the parties shall present. The

Supreme Court, or a Justice thereof pending action by the entire

Court may order the release of the appellant pending the appeal.

(b)

Procedure. Application for release after a judgment of

conviction shall be made in the first instance in the Tribal District

Court. If the Tribal District Court refuses release pending appeal, or

imposes conditions of release, the Court shall state in writing the

reasons for the action taken. Thereafter, if an appeal is pending, a

motion for release, or for modification of the conditions of release,

pending review may be made to the Supreme Court or to a

designated Justice thereof. The motion shall be determined promptly

upon such papers, affidavits, and portions of the record as the

parties shall present and after reasonable notice to the appellee. The

Supreme Court or a Justice thereof pending action by the entire

Court may order the release of the appellant pending disposition of

the motion.

(c)

Criteria for Release. The decision as to release pending

appeal shall be made in accordance with the-criteria for bail

established by tribal law in the Criminal Procedure Act or otherwise.

The burden of establishing that the defendant will not flee or pose a

danger to any other person or to the community rests with the

defendant.

Section 109. The Record on Appeal

(a) Composition of The Record On Appeal. The original papers

and exhibits filed in the Trial District Court, the transcript or

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tape recording of the proceedings, if any, and certified copy of the

docket entries prepared by the Clerk of the Tribal District Court

shall constitute the record on appeal in all cases.

(b) Transcript, Duty of Appellant to Order, Notice Of Partial

Transcript

(1)

Within 10 days after filing the notice of appeal the

appellant shall order from the Clerk or reporter a transcript of

such parts of the proceedings not already on file as he deems

necessary. The order shall be in writing and within the same

period a copy shall be filed with the Clerk of the Tribal District

Court. If no such parts of the proceedings are to be ordered,

within the same period the appellant shall file a certificate to

that effect.

(2)

If the appellant intends to urge on appeal that a

finding or conclusion is unsupported by the evidence or is

contrary to the evidence, he shall include in the record a

transcript of all evidence relevant to such finding or conclusion.

(3)

Unless the entire transcript is to be included, the

appellant shall, within the 10 days time provided in subsection

(b)(1) of this Section, file a statement of the issues he intends to

present on the appeal and shall serve on the appellee a copy of

the order or certificate and of the statement. If the appellee

deems a transcript of other parts of the proceedings to be

necessary, he shall, within 10 days after the service of the

order or certificate and the statement of the appellant, file and

serve on the appellant a designation of additional parts to be

included. Unless within 10 days after service of such

designation the appellant has ordered such parts, and has so

notified the appellee, the appellee may within the following 10

days order the parts or move in the Tribal District Court for an

order requiring the appellant to do so.

(4)

At the time of ordering, a party must make

satisfactory arrangements with the reporter for payment of the

costs of the transcript. If a typewritten transcript is ordered, the

Clerk or Reporter shall charge a fee to be set by the Court for

each original page, and an additional fee for each copy of an

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original page. If a copy of a tape recording of the proceedings is

ordered, the Clerk or Reporter shall charge a fee to be set by

the Court for each tape copy ordered. All such fees paid on

behalf of a Clerk or reporter who is employed by the Tribe and

paid a salary from tribal monies shall be deposited in the

Court fund, unless specific statutory authority for other

disposition of such monies is provided. All such fees paid on

behalf of an independent reporter appointed or authorized by

the Tribal District Court to record its proceedings, but not paid

from tribal funds shall be paid over to such reporter.

(c)

Procedure When No Transcript Available. If no report of

the evidence or proceedings at a hearing or trial was made, or if a

transcript is unavailable, the appellant may prepare a statement of

the evidence or proceedings from the best available means, including

his recollection. The statements shall be served on the appellee, 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 to the Tribal District Court

for settlement and approval and as settled and approved shall be

included by the Clerk of the Tribal District Court in the record on

appeal.

(d)

Agreed Statement As The Record On Appeal. In lieu of

the record on appeal as defined in subsection (a) of this section, the

parties may prepare and sign a statement of the case showing how

the issues presented by the appeal arose and were decided in the

Tribal District Court and setting forth only so many of the facts

averred and proved or sought to be proved as are essential to a

decision of the issues presented. If the statement conforms to the

truth, the statement together with such additions as the Court may

consider necessary fully to present the issues raised by the appeal,

shall be approved by the Tribal District Court, and shall then be

certified to the Supreme Court as the record on Appeal and

transmitted to the Supreme Court Clerk's records.

(e)

Correction Or Modification Of The Record. If any

difference arises as to whether the record truly discloses what

occurred in the Tribal District Court, the difference shall be

submitted to and settled by the Judge of that Court and the record

made to conform to the truth. If anything, material to either party is

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omitted from the record by error or accident or is misstated therein,

the parties by stipulation, or the Tribal District Court, either before

or after the record is transmitted to the Supreme Court, on proper

suggestion or of its own initiative, may direct that the omission or

misstatement be corrected, and if necessary that a supplemental

record be certified and transmitted. All other questions as to the

form and content of the record shall be presented to the Supreme

Court.

Section 110. Transmission of Record

(a)

Chief Clerk To Serve As Clerk of the Supreme Court. The

Chief Clerk of the Tribal District Court may also serve as the Clerk

of the Supreme Court whenever the position of Clerk of the Supreme

Court is vacant, or, in the opinion of the Supreme court such service

shall be deemed expedient.

(b)

Transmission And Filing Of Record. In all cases,

including juvenile and criminal actions, the Clerk in charge of the

papers in that case shall, within 15 working days after a Notice of

Appeal is filed, prepare, certify, and deliver to the Clerk of the

Supreme Court, for filing with the Supreme Court, all papers

comprising the record of the case except the transcript. Such

compilation shall be indexed with page numbers. All parties to the

appeal shall be notified of the filing of the record with the Supreme

Court, and a copy of the index to the record shall be attached to the

notice for the benefit of the parties. Copies of any documents

contained in the record shall be available to the parties at a cost per

page to be set by rule of the Supreme Court.

(c)

Completion of Record. Upon receipt of an order for a

transcript or additional tape recording, the Clerk or reporter shall

acknowledge at the foot of the order the fact that he has received it

and the date on which he expects to have the transcript or copy of the

tape recording completed and shall transmit the order, so endorsed,

to the Clerk of the Supreme Court. If the transcript cannot be

completed within 30 days of receipt of the order the Clerk or reporter

shall request an extension of time from the Clerk of the Supreme

Court, and the action of the Clerk of the shall be entered on the

docket and the parties notified. In the event of the failure to file

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the transcript or complete making copies of the tapes within the time

allowed, the Clerk of the Supreme Court shall notify the Chief Justice

and take such steps as may be directed by the Chief Justice of the

Supreme Court. Upon completion of the transcript the Clerk or

reporter shall file it with the Clerk of the Tribal District Court and

shall notify the Clerk of the Supreme Court that he has done so.

(d) Transmission of Transcript. Upon receipt of the Transcript,

or notification that requested copies of tape recordings of the

proceedings are completed, or the filing of a statement as provided in

Section 109(c) or (d) of this Act, the Clerk of the Tribal District

Court shall forthwith notify the parties that the transcript, tapes, or

statement is completed and ready for transmittal to the Supreme

Court, shall state in the notice the date upon which the notice was

given, and the date the final record will be delivered to the Supreme

Court. The parties may receive their copies (if ordered) of such

transcript, tapes, or statement as soon as they become available

whether before or after formal notice of such availability is mailed to

the parties. Fifteen days after the mailing of the notice of completion

of the transcript, tapes, or statement, the Clerk of the Tribal District

court shall deliver the original thereof to the Clerk of the Supreme

Court for filing. Upon filing by the Clerk of the Supreme Court, the

record shall be deemed received and completed for the purposes of

the appeal.

Section 112. Docketing The Appeal; Filing The Record

(a) Docketing The Appeal. Upon receipt of the Notice of

Appeal and of the docket entries and papers transmitted by the

Clerk of the Tribal District Court pursuant to Section 110(b), the

Clerk of the Supreme Court shall thereupon enter the appeal upon

the docket. An appeal shall be docketed under the title given to the

action in the Tribal District Court, with the appellant identified as

such, but if such title does not contain the name of the appellant, his

name, identified as appellant, shall be added to the title. In appeals

from the Juvenile Division of the Court, the docket books shall

contain the correct names of the parties, however, all opinions or

other papers of the Court which may become public information shall

contain only initials or other similar designations and not the names

of the parties.

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(b) Upon receipt of the completed record on appeal as

provided in Section 110(d), the Clerk of the Supreme Court shall

file it and shall immediately give notice to all parties of the date on

which it was filed.

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CHAPTER TWO

EXTRAORDINARY WRITS

Section 201. Mandamus or Prohibition Directed To a judge

or judges

Application for a writ of mandamus or of prohibition directed

to a judge or Magistrate of the Tribal District Court, or to any other

subordinate agency or officer against whom an original action in

mandamus or prohibition may be filed by law in the Supreme Court,

shall be made by filing a petition therefore with the Clerk of the

Supreme Court with proof of service on the respondent and on all

parties in interest to the action in the Tribal District Court. The

petition shall contain a statement of the facts necessary to an

understanding of the issues presented by the application; a

statement of the issues presented and the relief sought; a statement

of the reasons why the writ should issue; and copies of any order or

opinion or parts of the record which may be essential to an

understanding of the matters set forth in the petition. The Clerk

shall docket the petition and submit it to the Court upon payment of

a docketing fee set by Court rule. In vacation, the alternative Writ

may be issued by a single Justice but a peremptory writ should be

issued only by a quorum of the Court. The Supreme Court may, in

its discretion, remand the writ to the Tribal District Court for initial

determination.

Section 202. Denial Or Order Directing Answer

If the Court is of the opinion that the writ should not be

granted in any case on the facts and law stated in the petition, it

shall deny the petition. Otherwise, it shall order that an answer to

the petition be filed by the respondents within the time fixed by the'

order. The order shall be served by the Clerk on the named

respondents and on all other parties to the action in the Tribal

District. All parties below other than the petitioner shall also be

deemed respondents for all purposes. Two or more respondents may

answer jointly. If the named respondents do not desire to appear in

the proceeding, they may so advise the Clerk and all parties by

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letter, but the petition shall not thereby be taken as admitted. The

Clerk shall advise the parties of the dates on which briefs are to be

filed, if briefs are required, and of the date of oral argument, if any.

The proceeding shall be given preference over ordinary civil cases.

These writs may be used to compel a respondent to perform a

required action or to refrain from exceeding his jurisdiction but may

not be used to control the discretionary actions of judges, agencies, or

other tribal officials.

Section 203. Other Extraordinary Writs

Application for extraordinary writs other than those provided

for in Section 201 of this Chapter shall be made by petition filed

with the Clerk of the Supreme Court with proof of service on the

parties named as respondents.

Proceedings on such applications shall conform, so far as is

practicable, to the procedure prescribed in Sections 201 and 202

of this Chapter.

Section 204. Form of Papers, Number of Copies

All papers may be typewritten. Ten copies and the original

shall be filed, but the Court may direct that additional copies be

furnished.

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CHAPTER THREE

HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS

SUBCHAPTER A

HABEAS CORPUS

Section 301. Habeas Corpus Proceedings

An application for a writ of habeas corpus shall originally be

made to the Tribal District Court. If application is made to the

Supreme Court, or a Justice thereof individually, the application will

ordinarily be transferred to the Supreme Court for determination.

The Supreme Court, or a Justice thereof, will accept original

jurisdiction in such matters only upon a showing of compelling

necessity and urgency. If an application is made to or transferred to

the Tribal District Court and denied, renewal of the application

before the Supreme Court, or a Justice thereof is not favored; the

proper remedy is by appeal to the Supreme Court from the order of

the Tribal District Court denying the writ.

Section 302. Transfer Of Custody Pending Review

Pending review of a decision in a habeas corpus proceeding

commenced before the Court, or a Justice or Judge for the release of

a prisoner, a person having custody of the prisoner shall not transfer

custody to another unless such transfer is directed in accordance

with the provisions of this Section and the Court rules. Upon

application of a custodian showing a need therefore, the Court,

Justice or Judge rendering a decision may make an order authorizing

transfer and providing for the substitution of the successor custodian

as a party.

Section 303. Detention Or Release Pending Review Of Decision

Failing To Release

Pending review of a decision failing or refusing to release a

prisoner in such a proceeding, the prisoner may be detained in the

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custody from which release is sought, or in other appropriate

custody, or may be enlarged upon his recognizance or admitted to

bail, with or without surety, as may appear fitting to the Court or

Justice or Judge rendering the decision, or to the Supreme Court en

banc.

Section 304. Detention Or Release Pending Review Of Decision

Ordering Release

Pending review of a decision ordering the release of a prisoner

in such a proceeding, the prisoner shall be enlarged upon his

recognizance, with or without surety, unless the Court or Justice or

Judge rendering the decision, or the Supreme Court shall otherwise

order.

Section 305.

Modification of Initial Order Respecting Custody

An initial order respecting the custody or enlargement of the

prisoner and any recognizance or surety taken, shall govern during

review in the Supreme Court unless for special reasons shown to the

Supreme Court the order shall be modified, or an independent order

respecting custody, enlargement or surety shall be made.

SUBCHAPTER B

PROCEEDINGS IN FORMA PAUPERIS

Section 311. Leave From Tribal District Court to Proceed

to Supreme Court

A party to an action in the .Tribal District Court who desires to

proceed on appeal in forma pauperis shall file in the Tribal District

Court a motion for leave so to proceed, together with an affidavit

showing, in explicit detail, his inability to pay fees and costs or to

give security therefor, his belief that he is entitled to redress, and a

statement of the issues which he intends to present on appeal. If the

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motion is granted, the party may proceed without further

application to the Supreme Court, and without prepayment of fees

or costs in either Court or the giving of security therefor. If the

motion is denied, the Tribal District Court shall state in writing the

reasons for the denial.

Section 312. Special Rule For Parties

Permission To Proceed In Forma Pauperis

Previously

Granted

Notwithstanding the provisions of the preceding Section, a

party who has been permitted to proceed in an action in the Tribal

District Court in forma pauperis, or who has been permitted to

proceed there as one who is financially unable to obtain an adequate

defense in a criminal case, or a case involving the termination of

parental rights, may proceed on appeal in forma pauperis without

further authorization unless, before or after the notice of appeal is

filed, the Tribal District Court shall certify that the appeal is not

taken in good faith or shall find that the party is otherwise not

entitled so to proceed, in which event the Tribal District Court shall

state in writing the reasons for such certification or finding.

Section 313. Remedy For Denial Of Motion By Tribal District

Court

If a motion for leave to proceed on appeal in forma pauperis is

denied by the Tribal District Court, or if the Tribal District Court

shall certify that the appeal is not taken in good faith or shall find

that the party is otherwise not entitled to proceed in forma pauperis,

the Clerk shall forthwith serve notice of such action. A motion for

leave so to proceed may then be filed in the Supreme Court, within

30 days after service of notice of the action of the Tribal District

Court. The motion shall be accompanied by a copy of the affidavit

filed in the Tribal District Court, or by the affidavit prescribed by

Section 311 of this Sub-chapter if no affidavit has been filed in the

Tribal District Court, and by a copy of the statement of reasons given

by the Tribal District Court for its action.

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CHAPTER FOUR

GENERAL PROVISIONS

Section 401. Filing and Service

Filing. Papers required or permitted to be filed in the Supreme

Court shall be filed with the Clerk. Filing may be accomplished by

mail addressed to the Clerk, but filing shall not be timely unless the

papers are received by the Clerk within the time fixed for filing,

except that briefs and appendices shall be deemed filed on the day

of mailing if first class mail or any more expeditious form of delivery

by mail, excepting special delivery or overnight mail, is utilized. If a

motion requests relief which may be granted by a single Justice, the

Justice may permit the motion to be filed with him, in which event

he shall note thereon the date of filing and shall thereafter transmit

it to the Clerk.

Section 402. Service of All Papers Required

Copies of all papers filed by any party and not required by this

Act to be served by the Clerk shall, at or before the time of filing, be

served by that party or person acting for him on all other parties to

the appeal or review. Service on a party represented by counsel or

lay advocate shall be made on the counsel or lay advocate.

Section 403. Manner Of Service

Service may be personal or by mail in any manner allowed by

the Civil Procedure Act for service of motions or briefs. Personal

service includes delivery of the copy to a Clerk, secretary, or other

responsible person at the office of counsel or lay advocate. Service

by mail is complete upon mailing.

Section 404. Proof Of Service

Papers presented for filing shall contain an acknowledgment of

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service by the person served or proof of service in the form of a

statement of the date and manner of service and of the name of the

person served, certified by the person who made service. Proof of

service may appear on or be affixed to the papers filed. The Clerk

may permit papers to be filed without acknowledgment or proof of

service but shall require such to be filed promptly thereafter.

Section 405. Computation of Time

In computing any period of time prescribed by this Act, by an

order of the Court, or by any applicable statute, the day of the act,

event, or default from which the designated period of time begins to

run shall not be included. The last day of the period shall be

included, unless it is a Saturday, a Sunday, or a legal holiday, in

which event the period extends until the end of the next day which is

not a Saturday, a Sunday, or a legal holiday. When the period of time

prescribed or allowed is equal to or less than 7 days, intermediate

Saturdays, Sundays, and legal holidays shall be excluded in the

computation. As used in this Section, "legal holiday" includes New

Year's Day, Washington's Birthday, Memorial Day, Independence

Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day,

Christmas Day, and any other day appointed as a holiday by the

President or the Congress of the United States or the Legislative

Body of the Tribe.

Section 406. Enlargement Of Time

The Court for good cause shown may upon motion enlarge the

time prescribed by this Act or Court rule or by its order for doing any

act, or may permit an act to be done after the expiration of such

time; but the Supreme Court may not enlarge the time for filing a

notice of appeal.

Section 407. Additional Time after Service By Mail

Whenever a party is required or permitted to do an act within a

prescribed period after service of a paper upon him and that paper is

served by mail, 3 days shall be added to the prescribed period.

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SUBCHAPTER A

MOTIONS AND BRIEFS

Section 411. Content, Response, and Reply to Motions

Unless another form is elsewhere prescribed by this Act, an

application for an order or other relief shall be made by filing a

motion for such order or relief with proof of service on all other

parties. The motion shall contain or be accompanied by any matter

required by a specific provision of this Act governing such a motion,

shall state with particularity the grounds on which it is based, and

shall set forth the order or relief sought. If a motion is supported by

briefs, affidavits, or other papers, they shall be served and filed with

the motion. Any party may file a response in opposition to a motion

other than one for a procedural order within 7 days after service of

the motion, but motions authorized by Section 107, 108, and 469

may be acted upon after reasonable notice, and the Court may

shorten or extend the time for responding to any motion.

Section

Orders

412.

Determination

Motions

for

Procedural

Notwithstanding the provisions of Section 411 of this Act as to

motions generally, motions for procedural orders, including any

motion under Section 406, may be acted upon at any time, without

awaiting a response thereto, and pursuant to rule or order of the

Court, motions for specified types of procedural orders may be

disposed of by the Clerk. Any party adversely affected by such action

may by application to the Court request consideration, vacation or

modification of such action.

Section 413. Power of a Single judge to Entertain Motions

In addition to the authority expressly conferred by this Act or

by other Tribal law, a single Justice of the Supreme Court may

entertain and may grant or deny any request for relief which under

this Act may properly be sought by motion, except that a single

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Justice may not dismiss or otherwise determine an appeal or other

proceeding, and except that the Supreme Court may provide by order

or rule that any motion or class of motions must be acted upon by

the Court. The action of a single Justice may be reviewed by the

Court.

Section 414. Form of Papers; Number of Copies

All papers relating to motions may be typewritten. Ten copies

shall be filed with the original, but the Court may require that

additional copies be furnished.

Section 415. Brief of Appellant

The brief of the appellant shall contain under appropriate

headings and in the order here indicated:

(a)

A cover page as described in Section 429.

(b) A table of contents, with page references, and a table of

cases (alphabetically arranged), statutes and other authorities cited, with

reference to the pages of the brief where they are cited.

(c)

A statement of the issues presented for review.

(d) A statement of the case. The statement shall first indicate

briefly the nature of the case, the course of proceedings, and its

disposition in the Court below. There shall follow a statement of the

facts relevant to the issues presented for review, with appropriate

references to the record (see Section 419).

(e) An argument. The argument may be preceded by a

summary. The argument shall contain the contentions of the appellant

with respect to the issues presented, and the reasons therefor, with

citations to the authorities, statutes and parts of the record relied on.

(f)

A short conclusion stating the precise relief sought.

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Section 416. Brief of Appellee

The brief of the appellee shall conform to the requirements of

Section 415, except that a statement of the issues or of the case need

not be made unless the appellee is dissatisfied with the statement of

the appellant.

Section 417. Reply Brief

The appellant may file a brief in reply to the brief of the

appellee, and if the appellee has cross-appealed, the appellee may

file a brief in reply to the response of the appellant to the issues

presented by the cross appeal. No further briefs may be filed except

with leave of Court.

Section 418. References in Briefs to Parties

Counsel will be expected in their briefs and oral arguments to

keep to a minimum references to parties by such designations as

"appellant" and "appellee". It promotes clarity to use the

designations used in the lower Court or the actual names of the

parties, or descriptive terms such as "the employee," "the injured

person," "the taxpayer," "the care," or the names of the parties.

Section 419.

References in Briefs to the Record and Statutes

(a) References in the briefs to parts of the record reproduced in

any appendix filed with the brief of the appellant shall be to the

pages of the appendix at which those parts appear and to the pages

in the original record. If an appendix is prepared after the briefs ,are

filed, references in the briefs to the record shall be made to the

original record. Intelligible abbreviations may be used. If reference is

made to evidence the admissibility-of which is in controversy,

reference shall be made to the pages of the record or of the

transcript at which the evidence was identified, offered, and received

or rejec

This text is long and has been trimmed here. Open the source document for the complete record.

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.