PONCA TRIBE OF NEBRASKA

Tribal code

Ask Donna

What actually matters in this document.

Text

LAW & ORDER CODE

TABLE OF CONTENTS

TITLE I

GENERAL PROVISIONS

CHAPTER 1 PRELIMINARY PROVISIONS

Section 1-1-1

Constitutional Authority

Section 1-1-2

Designation of Code

Section 1-1-3

Effective Date of Enactments

Section 1-1-4

Retroactive Effect of Enactments

Section 1-1-5

Prior Inconsistent Ordinances Repealed

Section 1-1-6

Amendment of Law and Order Code

Section 1-1-7

Effective Date

Section 1-1-8

Territorial Applicability

Section 1-1-9

General Rules of Construction

Section 1-1-10 Words or Phrases

Section 1-1-11 Tense, Number, and Gender

Section 1-1-12 Severability

Section 1-1-13 Definitions

Section 1-1-14 Principles of Common Law

Section 1-1-15 Legal Holidays

Section 1-1-16 Closure of Offices

Section 1-1-17 Computation of Time

I-1

I-2

I-3

I-4

I-5

I-6

I-7

CHAPTER 2 ESTABLISHMENT OF COURTS; JUDGES AND OTHER COURT PERSONNEL

Section 1-2-1

Definitions

I-7

Section 1-2-2

Courts Established

I-8

Section 1-2-3

Court of Appeals

I-8

Section 1-2-4

Justices and Judges

I-8

Section 1-2-5

Selection of Justices and Judges

I-8

Section 1-2-6

Judges Pro Tempore

I-9

Section 1-2-7

Removal of Judges

I-11

Section 1-2-8

Powers and Duties of Judges

I-11

Section 1-2-9

Disqualification of Judges

I-12

Section 1-2-10 Separation of Powers

I-13

Section 1-2-11 Oath of Office of Judge

I-13

Section 1-2-12 Tribal Court Administrator

I-13

Section 1-2-13 Law and Justice Committee

I-14

Section 1-2-14 Locations/Sessions of Court

I-16

Section 1-2-15 Rules of the Court Procedures

I-16

Section 1-2-16 Rules of Professional Conduct

I-17

Section 1-2-17 Tribal Court Funds

I-18

CHAPTER 3 CONTEMPTS

Section 1-3-1

Acts or Failure to Act Which Constitute

Contempt of Court

Section 1-3-2

Civil Contempt

Section 1-3-3

Contempt Procedures

I-18

I-19

CHAPTER 4 JURISDICTION

Section 1-4-1

Territorial Jurisdiction

Section 1-4-2

Personal Jurisdiction

Section 1-4-3

Subject Matter Jurisdiction

Section 1-4-4

Concurrent Jurisdiction

Section 1-4-5

Jurisdiction of Court of Appeals

I-20

I-21

I-22

I-23

CHAPTER 5 COUNSELORS AND PROFESSIONAL ATTORNEYS

Section 1-5-1

Definitions

Section 1-5-2

Right to Representation

Section 1-5-3

Unlawful Representation and Practice of Law

Section 1-5-4

Eligibility for Admission

Section 1-5-5

Procedure for Admission

Section 1-5-6

Fees

Section 1-5-7

Oath of Legal Counsel

Section 1-5-8

Duties and Standards of Conduct

Section 1-5-9

Disbarment and Discipline

Section 1-5-10 Non-Admitted Attorneys

I-23

I-24

I-25

I-26

I-27

I-28

CHAPTER 6 SUBPOENAS AND SERVICE OF OTHER PAPERS

Section 1-6-1

Issuance of Subpoenas

Section 1-6-2

Services of Subpoenas; Return of Service

I-28

CHAPTER 7 GENERAL PROVISIONS - SOVEREIGN IMMUNITY, LIMITATIONS OF ACTIONS

Section 1-7-1

Adoption by Reference Not a Waiver of Sovereign

Power of the Ponca Tribe

I-29

Section 1-7-2

Sovereign Immunity

I-29

Section 1-7-3

Actions By or Against the Tribe or It's

Officers or Employees

I-29

Section 1-7-4

Limitations in Civil Actions

I-30

Section 1-7-5

Recognition of Foreign Court Orders/Judgments

I-30

CHAPTER 8 WEAPONS ON PONCA TRIBE OF NEBRASKA PROPERTY

Section 1-8-1

Purpose

Section 1-8-2

Definition

Section 1-8-3

Prohibition; Exceptions

Section 1-8-4

Authorization to Carry Weapons

Section 1-8-5

Savings

I-31

I-33

I-34

TITLE II

RULES OF PROCEDURE IN CIVIL ACTIONS

CHAPTER 1 GENERAL PROVISIONS

Rule 1

Scope of Rules; Definitions

Rule 2

One Form of Action

Rule 3

Construction

Rule 4

Collateral References

Rule 5

Authority of Tribal Court Administrator

Rule 6

Unsworn Declarations under Penalty of Perjury

Rule 7

Citation

II-1

II-2

CHAPTER 2 COMMENCEMENT OF ACTION AND SERVICE OF PROCESS

Rule 8

Commencement of Action

Rule 9

Summons

Rule 10

Service of Summons and Complaint

Rule 11

Service of Other Papers

Rule 12

Filing

Rule 13

Constitutional Challenge to Law

Rule 14

Time

Rule 15

Proceeding in Forma Pauperis

Rules 16

No Filing Fees for Tribe

II-2

II-3

II-7

II-8

II-9

II-10

II-11

CHAPTER 3

Rule 17

Rule 18

Rule 19

Rule 20

Rule 21

Rule 22

Rule 23

Rule 24

Rule 25

PLEADINGS AND MOTIONS

Pleadings Allowed

Motions and Orders

General rules of Pleading

Form of Pleadings

Signing of Pleadings

Defenses and Objections

Counterclaim or Crossclaim

Third Party Practice

Amendment of Pleadings

II-12

II-13

II-14

II-15

II-17

II-19

II-20

II-21

CHAPTER 4

Rule 26

Rule 27

Rule 28

Rule 29

Rule 30

Rule 31

PARTIES

Parties

Joinder of Claims

Required Joinder of Parties

Permissive Joinder of Parties

Intervention

Substitution of Parties

II-22

II-23

II-24

II-25

CHAPTER 5

Rule 32

Rule 33

Rule 34

Rule 35

Rule 36

Rule 37

Rule 38

Rule 39

Rule 40

DISCLOSURE AND DISCOVERY

Prompt Disclosure

Discovery Generally

Oral Depositions

Written Depositions

Interrogatories

Production, Entry, or Inspection

Physical and Mental Examinations

Requests for Admission

Failure to Make Disclosures or Discovery

II-25

II-28

II-29

II-30

II-31

II-32

II-34

CHAPTER 6

Rule 41

Rule 42

Rule 43

Rule 44

Rule 45

Rule 46

TRIALS

Assigning Case for Trial

Dismissal of Actions

Consolidation; Separate Trials

Evidence and Testimony

Subpoenas

Judgment as a Matter of Law; Motion for New Trial;

Conditional Ruling

Findings and Conclusions by the Court

Rule 47

II-37

II-38

II-39

II-40

II-45

CHAPTER 7

Rule 48

Rule 49

Rule 50

Rule 51

Rule 52

Rule 53

Rule 54

Rule 55

Rule 56

Rule 57

Rule 58

JUDGMENT

Judgments; Costs

Default

Summary Judgment

Declaratory Judgments

Entry of Judgment

Satisfaction of Judgment

New Trials; Altering or Amending Judgment

Relief From Judgment or Order

Harmless Error

Stay of Proceedings to Enforce Judgment

Disability or Disqualification of a Judge

II-46

II-48

II-49

II-52

II-53

II-54

II-56

II-57

II-58

II-59

CHAPTER 8

Rule 59

Rule 60

Rule 61

Rule 62

PROVISIONAL AND FINAL REMEDIES

Injunctions and Restraining Orders

Extraordinary Writs

Offer of Judgment

Execution

II-61

II-64

II-66

CHAPTER 9

Rule 100

Rule 101

Rule 102

Rule 103

Rule 104

Rule 105

Rule 106

Rule 107

Rule 108

APPELLATE PROCEDURE

Court of Appeals; Scope; Title

Suspension of Rules

Appeal as of Right - How Taken

Appeal as of Right - When Taken

Appeal by Permission

Bond for Costs on Appeal

Stay or Injunction Pending Appeal

The Record of Appeal

Docketing the Appeal; Failing the Record;

Representation

Writs of Mandamus and Prohibition Against Trial Court

Proceeding in Forma Pauperis

Failing and Service

Extending Time

Motions

Briefs

Cross-Appeals

Brief of Amicus Curiae

Serving and Filing Briefs

Form of Briefs and Other Papers

Appeal Conferences

Oral Argument

Decision of the Appellate Court

Entry of Judgment; Notice

Interest on Judgment

Frivolous Appeal

Costs

Petition for Rehearing

Mandate

Voluntary Dismissal of Appeal

Rule 109

Rule 110

Rule 111

Rule 112

Rule 113

Rule 114

Rule 115

Rule 116

Rule 117

Rule 118

Rule 119

Rule 120

Rule 121

Rule 122

Rule 123

Rule 124

Rule 125

Rule 126

Rule 127

Rule 128

II-68

II-69

II-70

II-71

II-73

II-74

II-75

II-76

II-77

II-78

II-79

II-80

II-82

II-85

II-86

II-88

II-90

II-92

II-93

II-94

II-95

II-96

Rule 129

Case Involving a Constitutional Question When the

Tribe is Not a Party

II-96

TITLE III

CHILDREN AND WELFARE

CHAPTER 1 GENERAL PROVISIONS

Section 3-1-1

Purpose

Section 3-1-2

Definitions

III-1

III-2

CHAPTER 2 DEPARTMENT OF SOCIAL SERVICES

Section 3-2-1

Establishment

Section 3-2-2

General Authority

Section 3-2-3

Child Services Workers

Section 3-2-4

Rules and Regulations

Section 3-2-5

Foster Care Licensing

Section 3-2-6

Group Home Licensing

Section 3-2-7

Confidentiality

Section 3-2-8

Voluntary Placement Agreements

Section 3-2-9

Permanency Planning

Section 3-2-10 Use of Other Resources

III-5

III-6

III-7

III-8

III-9

III-10

III-11

CHAPTER 3 TRIBAL COURT

Section 3-3-1

Subject Matter Jurisdiction

Section 3-3-2

Personal Jurisdiction

Section 3-3-3

Transfer from Other Courts

Section 3-3-4

Transfer to Other Courts

Section 3-3-5

Proceedings in Best Interests

Section 3-3-6

Procedure

Section 3-3-7

Rights of Parties

Section 3-3-8

Conduct of Hearings

Section 3-3-9

Continuance

Section 3-3-10 Witness Lists and Subpoenas

Section 3-3-11 Notices of Hearings

Section 3-3-12 Use of Social Services

Section 3-3-13 Appointment of Personnel for Children and Wards

Section 3-3-14 Confidentiality of Court Records

III-12

III-13

III-14

III-15

III-16

III-17

III-18

III-19

III-20

CHAPTER 4 INDIAN CHILD WELFARE ACT REQUIREMENTS

Section 3-4-1

Purpose

Section 3-4-2

Definitions

Section 3-4-3

Enforcement

Section 3-4-4

Receipt of ICWA Notices

Section 3-4-5

Indian Child Welfare Advisory Board

Section 3-4-6

Qualified Expert Witnesses

Section 3-4-7

Placement Preferences

Section 3-4-8

Release of Information for Placement

Section 3-4-9

Intervention

Section 3-4-10 Seeking Transfer from Other Court

Section 3-4-11 Transfer from Other Court

Section 3-4-12 Procedures for Transfer from Other Court

III-20

III-21

III-22

III-23

III-24

III-25

III-26

Section 3-4-13

Section 3-4-14

Section 3-4-15

Section 3-4-16

Section 3-4-17

Contents of Petitions to Accept Transfer

Contents of Recommendation to Decline Transfer

Order Accepting Transfer

Order Declining Transfer

Recognition of Transferring Court Proceedings

III-27

III-28

III-29

III-30

CHAPTER 5 REPORTING AND INVESTIGATING ABUSE AND NEGLECT

Section 3-5-1

Reporting of Abuse or Neglect

Section 3-5-2

Immunity from Liability

Section 3-5-3

Fine for Not Reporting

Section 3-5-4

Central Registry

Section 3-5-5

Investigation of Reports

Section 3-5-6

Confidentiality

Section 3-5-7

Release of Information

III-30

III-32

III-33

III-34

III-35

CHAPTER 6 CHILDREN IN NEED OF ASSISTANCE

Section 3-6-1

Purpose

Section 3-6-2

Child in Need of Assistance Define

Section 3-6-3

Best Interests of Child Defined

Section 3-6-4

Voluntary Surrender of Infant Child

Section 3-6-5

Child Protection Teams

Section 3-6-6

Tribal Attorney to Represent the Tribe

Section 3-6-7

Proceedings of a Civil Nature

Section 3-6-8

Continuing Jurisdiction

Section 3-6-9

Proceedings Involving Child of Another Tribe

Section 3-6-10 Standards for Involuntary Removal

Section 3-6-11 Placement Preferences

Section 3-6-12 Placement of Children Outside of Home

Section 3-6-13 Emergency Removal of Children

Section 3-6-14 Hearings on Emergency Removal

Section 3-6-15 Initiation of Proceedings

Section 3-6-16 Summons and Service of Process

Section 3-6-17 Responsive Pleading

Section 3-6-18 Support for Child Placed Outside of Home

Section 3-6-19 Testimonial privileges Abrogated

Section 3-6-20 Orders for Examinations

Section 3-6-21 Protective Orders

Section 3-6-22 Proceeding on Petition

Section 3-6-23 Reports to Court

Section 3-6-24 Advisory Hearing

Section 3-6-25 Order After Advisory Hearing

Section 3-6-26 Adjudicatory Hearing

Section 3-6-27 Order After Adjudicatory Hearing

Section 3-6-28 Dispositional Report

Section 3-6-29 Dispositional Hearing

Section 3-6-30 Order After Dispositional Hearing

Section 3-6-31 Review Hearings

Section 3-6-32 Order After Review Hearing

Section 3-6-33 Permanency Hearing

III-36

III-37

III-38

III-41

III-42

III-43

III-44

III-45

III-46

III-48

III-49

III-50

III-51

III-52

III-53

III-55

III-56

III-57

III-58

III-59

III-60

III-61

III-62

Section 3-6-34

Section 3-6-35

Order After Permanency Hearing

Modification or Setting Aside Order or Decree

III-63

CHAPTER 7 CHILD OFFENDERS

Section 3-7-1

Purpose

Section 3-7-2

Definition of Child Offender

Section 3-7-3

Status Offenses

Section 3-7-4

Tribal Attorney to Represent the Tribe

Section 3-7-5

Proceedings of a Civil Nature

Section 3-7-6

Continuing Jurisdiction

Section 3-7-7

Standards for Involuntary Removal

Section 3-7-8

Placement Preferences

Section 3-7-9

Initiation of Proceedings

Section 3-7-10 Summons and Service of Process

Section 3-7-11 Responsive Pleading

Section 3-7-12 Support for Child Placed Outside of Home

Section 3-7-13 Orders for Examinations

Section 3-7-14 Proceeding on Petition

Section 3-7-15 Informal Conference

Section 3-7-16 Consent Decree

Section 3-7-17 Reports to Court

Section 3-7-18 Advisory Hearing

Section 3-7-19 Order After Advisory Hearing

Section 3-7-20 Adjudicatory Hearing

Section 3-7-21 Order After Adjudicatory Hearing

Section 3-7-22 Dispositional Report

Section 3-7-23 Dispositional Hearing

Section 3-7-24 Order After Dispositional Hearing

Section 3-7-25 Review Hearings

Section 3-7-26 Order After Review Hearing

Section 3-7-27 Modification or Setting Aside Order or Decree

Section 3-7-28 Prohibition on Subsequent Petition

III-64

III-65

III-66

III-67

III-68

III-69

III-70

III-71

III-72

III-73

III-75

III-76

III-77

III-78

III-79

III-82

III-83

III-84

CHAPTER 8 TERMINATION OF PARENTAL RIGHTS

Section 3-8-1

Purpose

Section 3-8-2

Voluntary Termination of Parental Rights

Section 3-8-3

Retention of Privileges

Section 3-8-4

Involuntary Termination of Parental Rights

Section 3-8-5

Continuing Jurisdiction

Section 3-8-6

Proceedings Involving Child of Another Tribe

Section 3-8-7

Initiation of Proceedings

Section 3-8-8

When Proceedings Mandated

Section 3-8-9

Pre-Termination Report

Section 3-8-10 Summons and Service of Process

Section 3-8-11 Responsive Pleading

Section 3-8-12 Hearing on Petition

Section 3-8-13 Order Terminating Parental Rights

Section 3-8-14 Notice of Termination of Parental Rights

Section 3-8-15 Restoration of Parental Rights

III-84

III-85

III-86

III-88

III-89

III-91

III-92

III-93

III-94

III-95

CHAPTER 9 GUARDIANSHIP AND CONSERVATORSHIP

Section 3-9-1

Purpose

Section 3-9-2

Definitions

Section 3-9-3

When Guardianship Permitted

Section 3-9-4

When Conservatorship Permitted

Section 3-9-5

Requirements for Finding Incapacity

Section 3-9-6

Eligibility for Appointment

Section 3-9-7

Continuing Jurisdiction

Section 3-9-8

Proceedings Involving Child of Another Tribe

Section 3-9-9

Initiation of Proceedings

Section 3-9-10 Appointment in other Proceedings

Section 3-9-11 Summons and Service of Process

Section 3-9-12 Responsive Pleading

Section 3-9-13 Orders for Examinations

Section 3-9-14 Initial Hearing

Section 3-9-15 Temporary Guardianship or Conservatorship

Section 3-9-16 Hearing on Petition

Section 3-9-17 Order of Appointment

Section 3-9-18 Acceptance of Appointments

Section 3-9-19 Oath

Section 3-9-20 Consent to Jurisdiction

Section 3-9-21 Security

Section 3-9-22 Letters

Section 3-9-23 Review Hearings

Section 3-9-24 Powers and Duties of Guardians

Section 3-9-25 Powers and Duties of Conservators

Section 3-9-26 Limited Guardians and Conservators

Section 3-9-27 Fiduciary Duties of Guardians and Conservators

Section 3-9-28 Liability to Ward

Section 3-9-29 Liability to Third Persons

Section 3-9-30 Transactions with Guardian or Conservator

Section 3-9-31 Reimbursement

Section 3-9-32 Compensation

Section 3-9-33 Reports

Section 3-9-34 Automatic Termination

Section 3-9-35 Modification or Termination by Court

Section 3-9-36 Resignation of Guardian or Conservator

Section 3-9-37 Appointment of Successor

Section 3-9-38 Final Report

Section 3-9-39 Civil Fines

III-97

III-98

III-99

III-100

III-101

III-102

III-104

III-105

III-106

III-107

III-109

III-110

III-112

III-113

III-116

III-119

III-120

III-121

III-122

III-123

III-124

III-125

III-126

CHAPTER 10 ADOPTION OF CHILDREN

Section 3-10-1 Purpose

Section 3-10-2 Who May be Adopted

Section 3-10-3 Who May Adopt

Section 3-10-4 Recognition of Customary Adoption

Section 3-10-5 Consent to Adoption; Waiver

Section 3-10-6 Form of Consent

Section 3-10-7 Withdrawal of Consent

Section 3-10-8 Proceedings Involving Child of Another Tribe

Section 3-10-9 Nature of Adoption

III-126

III-127

III-129

III-130

III-131

Section 3-10-10

Section 3-10-11

Section 3-10-12

Section 3-10-13

Section 3-10-14

Section 3-10-15

Section 3-10-16

Section 3-10-17

Section 3-10-18

Section 3-10-19

Section 3-10-20

Section 3-10-21

Section 3-10-22

Section 3-10-23

Section 3-10-24

Section 3-10-25

Placemen Preferences

Initiation of Proceedings

Summons and Service of Process

Responsive Pleading

Notice to Department

Investigation and Recommendation

Requirements to Complete Adoption

Affidavit of Non-Identifying Information

Hearing on Petition

Order After Hearing

Notice of Adoption

Effect of Decree

Dismissal After Death; Exception

Sealing of Records in Closed Adoption

Vacating Decree

Irregularities; Curative Period

CHAPTER 11 EMANCIPATION

Section 3-11-1 Purpose

Section 3-11-2 Emancipated Minor Defined

Section 3-11-3 Initiation of Proceedings

Section 3-11-4 Summons and Service of Process

Section 3-11-5 Responsive Pleading

Section 3-11-6 Notice of Hearing; Waiver

Section 3-11-7 Hearing on Petition

Section 3-11-8 Order After Hearing

Section 3-11-9 Effect of Emancipation

Section 3-11-10 Effect of Fraud

Section 3-11-11 Review and Revocation

III-132

III-133

III-135

III-136

III-138

III-140

III-141

III-143

III-144

III-145

III-146

III-147

III-148

III-149

III-150

III-151

III-152

III-153

TITLE IV

DOMESTIC RELATIONS

CHAPTER 1 GENERAL PROVISIONS

Section 4-1-1

Purpose and Policy

Section 4-1-2

Definitions

Section 4-1-3

Subject Matter Jurisdiction

Section 4-1-4

Personal Jurisdiction

Section 4-1-5

Procedure

Section 4-1-6

Rights of Parties

Section 4-1-7

Summons and Service of Process

Section 4-1-8

Omission of Address from Pleadings

Section 4-1-9

Responsive Pleading

Section 4-1-10 Conduct of Hearings

Section 4-1-11 Witness Lists and Subpoenas

Section 4-1-12 Notices of hearings

Section 4-1-13 Appointment of Guardian Ad Litem

Section 4-1-14 Severability

Section 4-1-15 Sovereign Immunity

IV-1

IV-2

IV-4

IV-5

IV-6

IV-7

IV-8

CHAPTER 2 MARRIAGE

Section 4-2-1

Purpose

Section 4-2-2

Jurisdiction

Section 4-2-3

Nature of Marriage

Section 4-2-4

Who May Marry

Section 4-2-5

Prohibited Marriages

Section 4-2-6

Marriage License & Certificate

Section 4-2-7

License to Marry

Section 4-2-8

Judicial Approval

Section 4-2-9

Solemnization and Registration

Section 4-2-10 Common Law and Traditional Marriage

Section 4-2-11 Domestic Partnership

Section 4-2-12 Putative Spouse

Section 4-2-13 Existing Marriages

IV-9

IV-10

IV-11

IV-12

IV-13

IV-14

IV-15

IV-16

CHAPTER 3 INVALIDITY OF MARRIAGE

Section 4-3-1

Purpose

Section 4-3-2

Authority of Court

Section 4-3-3

Grounds for Invalidity

Section 4-3-4

Initiation of Proceedings

Section 4-3-5

Hearing on Petition

Section 4-3-6

Order on Invalidity

Section 4-3-7

Time Limit for Action

Section 4-3-8

Legitimacy of Children

Section 4-3-9

Conclusiveness of Declaration

Section 4-3-10 Other Provisions of Title

IV-16

IV-17

IV-18

IV-19

IV-20

CHAPTER 4 DISSOLUTION AND SEPARATION

Section 4-4-1

Purpose

Section 4-4-2

Authority of Court

Section 4-4-3

Grounds for Dissolution

Section 4-4-4

Initiation of Proceedings

Section 4-4-5

Temporary Orders

Section 4-4-6

Separation Agreements

Section 4-4-7

Hearing on Petition

Section 4-4-8

Decree

Section 4-4-9

Disposition of Property

Section 4-4-10 Maintenance

Section 4-4-11 Child Custody

Section 4-4-12 Child Support

Section 4-4-13 Legal Counsel's Fees

Section 4-4-14 Independence of Provisions of Decree

Section 4-4-15 Modification and Termination of Decree

IV-20

IV-21

IV-22

IV-24

IV-26

IV-27

IV-28

IV-30

IV-32

IV-33

CHAPTER 5 CHILD CUSTODY AND VISITATION

Section 4-5-1

Purpose

Section 4-5-2

Definitions

Section 4-5-3

Jurisdiction

Section 4-5-4

Continuing Jurisdiction

Section 4-5-5

Custody of Child

IV-34

IV-35

IV-36

Section 4-5-6

Section 4-5-7

Section 4-5-8

Section 4-5-9

Section 4-5-10

Section 4-5-11

Section 4-5-12

Section 4-5-13

Section 4-5-14

Section 4-5-15

Section 4-5-16

Section 4-5-17

Section 4-5-18

Section 4-5-19

Section 4-5-20

Section 4-5-21

Section 4-5-22

Visitation

Custody and Visitation When Sexual Assault

Allocation of Parental Responsibilities

Best Interests of Child

Initiation of Proceedings

Child Custody in Other Proceedings

Temporary Orders

Interviews

Investigations and Reports

Parenting Plan

Hearing on Petition

Custody Decree

Supervision

Modification of Custody Decree

Enforcement of Custody Decree

Interference with Custody

Foreign Custody Decrees

CHAPTER 6 CHILD SUPPORT

Section 4-6-1

Purpose

Section 4-6-2

Definitions

Section 4-6-3

Continuing Jurisdiction

Section 4-6-4

Confidentiality of Court Records

Section 4-6-5

Confidentiality of Hearings

Section 4-6-6

Child Support Guidelines

Section 4-6-7

Duty to Support Child

Section 4-6-8

Duration of Support Obligation

Section 4-6-9

Amount of Support Obligation

Section 4-6-10 Child Care Expenses

Section 4-6-11 Medical Support

Section 4-6-12 Payment to Court

Section 4-6-13 Exemption from Attachment

Section 4-6-14 Voluntary Agreement

Section 4-6-15 Initiation of Proceedings

Section 4-6-16 Child Support in Other Proceedings

Section 4-6-17 Orders to Facilitate Proceedings

Section 4-6-18 Hearing on Petition

Section 4-6-19 Child Support Order

Section 4-6-20 Modification of Support

Section 4-6-21 Enforcement of Child Support Order

Section 4-6-22 Income Withholding

Section 4-6-23 Seek Employment Order

Section 4-6-24 Receipt of Public Assistance

Section 4-6-25 Non-Cash Child Support

Section 4-6-26 Overpayments

Section 4-6-27 Arrearages

Section 4-6-28 Foreign Child Support Orders

Section 4-6-29 No Limitation of Actions

IV-38

IV-40

IV-41

IV-44

IV-46

IV-47

IV-48

IV-52

IV-53

IV-55

IV-58

IV-59

IV-62

IV-63

IV-64

IV-65

IV-66

IV-69

IV-70

IV-71

IV-73

IV-77

IV-78

IV-80

IV-81

IV-83

IV-86

IV-87

IV-92

IV-93

IV-94

IV-95

IV-96

IV-99

CHAPTER 7 PARENTAGE

Section 4-7-1

Purpose

IV-99

Section 4-7-2

Definitions

IV-100

Section 4-7-3

No Discrimination Based on Marital Status

IV-102

Section 4-7-4

Parental Liability for Child

IV-102

Section 4-7-5

Establishment of Parent-Child Relationship

IV-103

Section 4-7-6

Presumption of Parentage

IV-104

Section 4-7-7

Persons Not Considered Parents

IV-105

Section 4-7-8

Recognition and Denial of Parentage

IV-106

Section 4-7-9

Rescinding and Challenging Recognition or Denial

of Parentage

IV-109

Section 4-7-10 Gestational Agreements

IV-110

Section 4-7-11 Confidentiality of Court Records

IV-112

Section 4-7-12 Confidentiality of Hearings

IV-114

Section 4-7-13 Initiation of Proceedings

IV-114

Section 4-7-14 Admission of Parentage

IV-117

Section 4-7-15 Temporary Orders for Support

IV-117

Section 4-7-16 Orders to Facilitate Proceedings

IV-117

Section 4-7-17 Hearing on Petition

IV-117

Section 4-7-18 Order of Parentage

IV-118

Section 4-7-19 Binding Effect of Parentage Determination

IV-119

Section 4-7-20 Order for Genetic Testing

IV-120

Section 4-7-21 Standards for Genetic Testing

IV-121

Section 4-7-22 Report of Genetic Testing Results

IV-123

Section 4-7-23 Results of Genetic Testing

IV-124

Section 4-7-24 Payment of Costs of Genetic Testing

IV-125

Section 4-7-25 Limitations of Actions

IV-125

CHAPTER 8 DOMESTIC AND ELDER ABUSE

Section 4-8-1

Purpose

Section 4-8-2

Definitions

Section 4-8-3

Domestic Violence Department

Section 4-8-4

General Authority of Department

Section 4-8-5

Domestic Violence Workers

Section 4-8-6

Confidentiality of Department Records

Section 4-8-7

Use of Other Resources

Section 4-8-8

Domestic Violence Advisory Teams

Section 4-8-9

Reporting Domestic Violence

Section 4-8-10 Central Registry

Section 4-8-11 Investigation of Reports

Section 4-8-12 Protective Services and Placement

Section 4-8-13 Authority of Court

Section 4-8-14 Confidentiality of Court Records

Section 4-8-15 Confidentiality of Hearings

Section 4-8-16 Privileges

Section 4-8-17 Advocate-Victim Privilege

Section 4-8-18 Subpoenas and Visitation Warrants

Section 4-8-19 Proceedings of a Civil Nature

Section 4-8-20 Initiation of Proceedings

Section 4-8-21 Emergency Protection Order

Section 4-8-22 Hearing on Petition

IV-125

IV-126

IV-132

IV-133

IV-135

IV-136

IV-137

IV-139

IV-141

IV-142

IV-145

IV-146

IV-147

IV-148

IV-150

IV-152

Section 4-8-23

Section 4-8-24

Section 4-8-25

Section 4-8-26

Section 4-8-27

Section 4-8-28

Section 4-8-29

Section 4-8-30

Section 4-8-31

Section 4-8-32

Section 4-8-33

Protection Order

Restitution

Delivery of Order

Effect of Action by Parties

Court-Ordered Mediation Prohibited

Rights of Victims

Effect of Other Proceedings

Modification of Order

Violation of Order

Foreign Protection Orders

Order for Possession

IV-153

IV-158

IV-159

IV-160

IV-161

IV-163

TITLE V

HOUSING AUTHORITY

CHAPTER 1 GENERAL PROVISIONS

Section 5-1-1

Purpose

Section 5-1-2

Applicability

Section 5-1-3

Declaration of Need

Section 5-1-4

Definitions

Section 5-1-5

Severability

Section 5-1-6

Sovereign Immunity

V-1

V-2

V-3

V-4

V-5

CHAPTER 2 NORTHERN PONCA HOUSING AUTHORITY

Section 5-2-1

Definitions

Section 5-2-2

Establishment

Section 5-2-3

Board of Commissioners

Section 5-2-4

Qualifications

Section 5-2-5

Term of Office

Section 5-2-6

Compensation

Section 5-2-7

Resignation and Removal

Section 5-2-8

Vacancies

Section 5-2-9

Officers

Section 5-2-10 Ethics

Section 5-2-11 Recusal

Section 5-2-12 Quorum

Section 5-2-13 Meetings

Section 5-2-14 Disbanding of Board

Section 5-2-15 Powers and Duties

Section 5-2-16 Sovereign Immunity

Section 5-2-17 Obligations of the Authority

Section 5-2-18 Purchase and Sale of Lands

Section 5-2-19 Property of Authority

Section 5-2-20 Standards of Conduct

Section 5-2-21 Rules and Regulations

Section 5-2-22 Meetings with Tribal Council

Section 5-2-23 Tribal Housing Plan

Section 5-2-24 Reports

Section 5-2-25 Audits

Section 5-2-26 Compliance with Funding Requirements

V-5

V-6

V-7

V-8

V-9

V-10

V-11

V-12

V-13

V-16

V-17

V-21

V-22

V-23

V-24

V-25

CHAPTER 3 TENANCIES OF AUTHORITY

Section 5-3-1

Obligations of Parties

Section 5-3-2

Settlement of Claims

Section 5-3-3

Term of Tenancy

Section 5-3-4

Required Authority Disclosures

Section 5-3-5

Rent

Section 5-3-6

Prohibited Provisions

Section 5-3-7

Delivery of Possession

Section 5-3-8

Change in Ownership of Premises

Section 5-3-9

Security Deposits

Section 5-3-10 Rules and Regulations

V-25

V-26

V-27

V-28

V-29

V-31

CHAPTER 4 TERMINATION OF TENANCIES OF AUTHORITY

Section 5-4-1

Termination of Tenancies

Section 5-4-2

Holdover Tenant

Section 5-4-3

Destruction of Dwelling Unit

Section 5-4-4

Abandonment

Section 5-4-5

Disposition of Property

V-31

V-33

V-34

CHAPTER 5 RIGHTS AND DUTIES

Section 5-5-1

Authority Duties

Section 5-5-2

Authority's Noncompliance

Section 5-5-3

Tenant Duties

Section 5-5-4

Tenant's Noncompliance

V-36

V-38

V-40

V-41

CHAPTER 6 EVICTIONS AND AUTHORITY

Section 5-6-1

Grounds for Eviction

Section 5-6-2

Self-Help Eviction Prohibited

Section 5-6-3

Procedure

Section 5-6-4

Notice to Quit

Section 5-6-5

Appeal of Notice to Quit

Section 5-6-6

Judicial Review

Section 5-6-7

Initiation of Eviction Proceedings

Section 5-6-8

Summons and Service of Process

Section 5-6-9

Response to Complaint

Section 5-6-10 Defenses

Section 5-6-11 Settlement

Section 5-6-12 Continuance

Section 5-6-13 Hearing on Complaint

Section 5-6-14 Judgment

Section 5-6-15 Stay of Judgment

Section 5-6-16 Notice to Vacate

Section 5-6-17 Enforcement of Eviction Order

V-42

V-43

V-44

V-47

V-49

V-50

V-52

V-53

V-54

V-55

TITLE VI

JUDICIAL REMEDIES

CHAPTER 1 GENERAL PROVISIONS

Section 6-1-1

Purpose

Section 6-1-2

Definitions

Section 6-1-3

Procedures

Section 6-1-4

Rights of Parties

Section 6-1-5

Trial of Issues of Fact

Section 6-1-6

Severability

Section 6-1-7

Sovereign Immunity

VI-1

VI-2

CHAPTER 2 GARNISHMENT AND EXECUTION

Section 6-2-1

Power of Court

Section 6-2-2

Applicability

Section 6-2-3

Definitions

Section 6-2-4

Jurisdiction

Section 6-2-5

Limitations

Section 6-2-6

Grounds for Garnishment

Section 6-2-7

Initiation of Proceedings

Section 6-2-8

Summons and service of Process

Section 6-2-9

Responsive Pleading

Section 6-2-10 Hearing on Complaint

Section 6-2-11 Writ

Section 6-2-12 Service of Writ

Section 6-2-13 Execution

Section 6-2-14 Review of Garnishment

Section 6-2-15 Rate of Garnishment

Section 6-2-16 Priority of Garnishment Orders

Section 6-2-17 Exempt Property

Section 6-2-18 Collection of funds

Section 6-2-19 Penalties

Section 6-2-20 Protection of Employees

Section 6-2-21 Foreign Writ of Garnishment

VI-2

VI-3

VI-4

VI-6

VI-7

VI-8

VI-9

VI-10

VI-11

VI-12

VI-13

VI-14

CHAPTER 3 INJUNCTIONS

Section 6-3-1

Power of Court

Section 6-3-2

Limitations

Section 6-3-3

Temporary Restraining Order

Section 6-3-4

Preliminary Injunction

Section 6-3-5

Permanent Injunction

Section 6-3-6

Security

VI-14

VI-15

VI-16

VI-17

VI-18

CHAPTER 4 PROTECTION ORDERS

Section 6-4-1

Power of Court

Section 6-4-2

Applicability

Section 6-4-3

Definitions

Section 6-4-4

Subject Matter Jurisdiction

Section 6-4-5

Personal Jurisdiction

Section 6-4-6

Procedure

Section 6-4-7

Summons and Service of Process

VI-19

VI-22

VI-23

VI-24

Section 6-4-8

Section 6-4-9

Section 6-4-10

Section 6-4-11

Section 6-4-12

Section 6-4-13

Section 6-4-14

Section 6-4-15

Section 6-4-16

Section 6-4-17

Section 6-4-18

Section 6-4-19

Section 6-4-20

Section 6-4-21

Section 6-4-22

Section 6-4-23

Section 6-4-24

Section 6-4-25

Section 6-4-26

Section 6-4-27

Section 6-4-28

Section 6-4-29

Omission of Address from Pleadings

Responsive Pleading

Confidentiality of Court Proceedings

Privileges

Conduct of Hearings

Witness Lists and Subpoenas

Notices of hearings

Proceedings of a Civil Nature

Grounds for Protection Order

Initiation of Proceedings

Emergency Orders

Hearing on Petition

Order for Protection

Restitution

Delivery of Order

Effect of Action by Parties

Court-Ordered Mediation Prohibited

Rights of Victims

Effect of Other Proceedings

Modification of Order

Violation of Order

Foreign Protection Orders

VI-25

VI-26

VI-28

VI-29

VI-30

VI-31

VI-32

VI-34

VI-35

VI-39

VI-40

VI-41

VI-42

VI-43

CHAPTER 5 DECLARATORY RELIEF

Section 6-5-1

Power of Court

Section 6-5-2

Limitations

Section 6-5-3

Granting of Relief

Section 6-5-4

Parties

VI-43

VI-44

CHAPTER 6 WRIT OF MANDAMUS

Section 6-6-1

Power of Court

Section 6-6-2

Limitations

Section 6-6-3

Grounds for Mandamus

Section 6-6-4

Form of Writ

Section 6-6-5

Granting of Relief

Section 6-6-6

Expedited Proceedings

Section 6-6-7

Review of Continuing Mandamus

VI-45

VI-46

VI-47

VI-48

CHAPTER 7 WRIT OF PROHIBITION

Section 6-7-1

Power of Court

Section 6-7-2

Limitations

Section 6-7-3

Grounds for Prohibition

Section 6-7-4

Form of Writ

Section 6-7-5

Granting of Relief

Section 6-7-6

Expedited Proceedings

VI-49

VI-50

VI-51

CHAPTER 8 CERTIFICATIONS OF QUESTIONS OF LAW

Section 6-8-1

Power of Court

Section 6-8-2

Certification Order

Section 6-8-3

Response

Section 6-8-4

Procedures

VI-52

VI-53

Section 6-8-5

Section 6-8-6

Opinion

Costs

VI-53

CHAPTER 9 CHALLENGE TO TRIBAL LAW

Section 6-9-1

Service on Tribe

Section 6-9-2

Notice With Service

Section 6-9-3

Failure to Serve

Section 6-9-4

Tribe as Party

VI-53

VI-54

CHAPTER 10 CIVIL FINE ENFORCEMENT

Section 6-10-1 Power of Court

Section 6-10-2 Initiation of Proceedings

Section 6-10-3 Judgment of Civil Fine

Section 6-10-4 Effect of Civil Fine

Section 6-10-5 Disposition of Civil Fines

Section 6-10-6 Savings

VI-55

VI-56

CHAPTER 11 CLAIMS INVOLVING INSURANCE

Section 6-11-1 Power of Court

Section 6-11-2 Definitions

Section 6-11-3 Applicability and Exclusivity

Section 6-11-4 Invalidity of Contract Provisions

Section 6-11-5 Payment of Claim as Bar

Section 6-11-6 Subject Matter Jurisdiction

Section 6-11-7 Personal Jurisdiction

Section 6-11-8 Initiation of Proceedings

Section 6-11-9 Property Parties

Section 6-11-10 Summons and Service of Process

Section 6-11-11 Stay Pending Insurer Review

Section 6-11-12 Proceedings on Complaint

Section 6-11-13 Obtaining Evidence

Section 6-11-14 Defenses of Insurance Carrier

Section 6-11-15 Decision of Court

Section 6-11-16 Limitations of Actions

VI-57

VI-58

VI-59

VI-60

VI-62

VI-63

VI-64

CHAPTER 12 DISPUTE RESOLUTION AGREEMENTS

Section 6-12-1 Definitions

VI-64

Section 6-12-2 Applicability

VI-66

Section 6-12-3 Invalidity of Contract Provisions

VI-68

Section 6-12-4 No Waiver of Immunity

VI-69

Section 6-12-5 Subject Matter Jurisdiction

VI-70

Section 6-12-6 Personal Jurisdiction

VI-70

Section 6-12-7 Right to Representation

VI-70

Section 6-12-8 General Validity of Dispute Resolution Agreements VI-71

Section 6-12-9 Validity of Certain Dispute Resolution Agreements VI-71

Section 6-12-10 Requirements of Dispute Resolution Agreement

With Tribe

VI-73

Section 6-12-11 Law Applicable

VI-77

Section 6-12-12 Choice of Tribunal

VI-80

Section 6-12-13 Breach of Dispute Resolution Agreement

VI-81

Section 6-12-14 Appointment of Mediator or Arbitrator

VI-81

Section 6-12-15

Section 6-12-16

Section 6-12-17

Section 6-12-18

Section 6-12-19

Section 6-12-20

Section 6-12-21

Section 6-12-22

Section 6-12-23

Section 6-12-24

Section 6-12-25

Section 6-12-26

Conduct of Mediators and Arbitrators

Negotiation and Mediation Privilege

Authority of Arbitrator

Conduct of Arbitration

Requirements of Award

Stay of Proceedings

Compelling Dispute Resolution

Consolidating Arbitrations

Confirmation of Award

Vacating and Modifying Arbitration Award

Vacating and Modifying Mediation Award

Limitations of Actions

VI-82

VI-84

VI-86

VI-87

VI-91

VI-92

VI-96

VI-97

VI-99

VI-103

VI-107

TITLE VII

WORKERS' COMPENSATION

CHAPTER I GENERAL PROVISIONS

Section 7-1-1

Purpose

Bookmark not defined.

Section 7-1-2

Definitions

Section 7-1-3

Requirement of Coverage

Section 7-1-4

Terms of Insurance Policy Void

Section 7-1-5

Exclusive Jurisdiction

Section 7-1-6

Severability

Section 7-1-7

Sovereign Immunity

VII-Error!

VII-1

VII-5

VII-6

CHAPTER 2 COVERAGE AND LIABILITY

Section 7-2-1

Exclusiveness of Remedy

Section 7-2-2

Agreement to Coverage

Section 7-2-3

Posting Notice

Section 7-2-4

Liability of Third Parties

Section 7-2-5

Right to Compensation

Section 7-2-6

Exclusions

Section 7-2-7

Medical Information

Section 7-2-8

Medical Examination

VII-7

VII-8

VII-10

VII-13

VII-14

CHAPTER 3 BENEFITS

Section 7-3-1

Definitions

Section 7-3-2

Medical Benefits

Section 7-3-3

Wage Benefits

Section 7-3-4

Schedule of Benefits

Section 7-3-5

Funeral Benefits

Section 7-3-6

Reductions in Compensation

Section 7-3-7

Suspension of Compensation

Section 7-3-8

Recouping Compensation

Section 7-3-9

Additional Compensation

Section 7-3-10 Assignment of Benefits

Section 7-3-11 Minors and Incapacitated Persons

VII-14

VII-15

VII-17

VII-20

VII-23

VII-24

VII-26

VII-27

CHAPTER 4 PROCEDURE

Section 7-4-1

Administrator

Section 7-4-2

Confidentiality

Section 7-4-3

Report of Injury

Section 7-4-4

Time Limit for Claims

Section 7-4-5

Burden of Proof

Section 7-4-6

Initiation of Claim

Section 7-4-7

Determination of Claim

Section 7-4-8

Reconsideration

Section 7-4-9

Action in Tribal Court

Section 7-4-10 Defenses of Insurance Carrier

Section 7-4-11 Medical Experts

Section 7-4-12 Legal Counsel Fees

Section 7-4-13 Settlement Agreements

Section 7-4-14 Continuation of Compensation

Section 7-4-15 Claim Closure

VII-27

VII-29

VII-30

VII-31

VII-32

VII-33

VII-36

VII-37

VII-38

TITLE VIII

TRIBAL COUNCIL CONDUCT AND ETHICS ORDINANCE

Section 8-1-1

Section 8-1-2

Section 8-1-3

Section 8-1-4

Section 8-1-5

Section 8-1-6

Section 8-1-7

Section 8-1-8

Section 8-1-9

Authority

VIII-1

Officers of the Tribal Council, Duties

VIII-1

Removal

VIII-3

Duties and Comportment of Tribal Council Members VIII-3

Conduct of Tribal Council Meetings

VIII-4

Ethics

VIII-5

Indemnification

VIII-7

Severability

VIII-7

Sovereign Immunity

VIII-7

TITLE IX

ELECTIONS

CHAPTER 1 GENERAL PROVISIONS

Section 9-1-1

Authority

Section 9-1-2

Purpose

Section 9-1-3

Applicability & Construction

Section 9-1-4

Definitions

Section 9-1-5

Voting Districts

Section 9-1-6

Prohibition on Power of Attorney

Section 9-1-7

Amendments

Section 9-1-8

Severability

Section 9-1-9

Ratification

IX-1

IX-4

IX-5

IX-6

CHAPTER 2 ELECTION BOARD

Section 9-2-1

Establishment

Section 9-2-2

Powers and Duties of Board

Section 9-2-3

Composition

Section 9-2-4

Qualifications

IX-6

IX-7

IX-8

Section 9-2-5

Section 9-2-6

Section 9-2-7

Section 9-2-8

Section 9-2-9

Section 9-2-10

Section 9-2-11

Section 9-2-12

Section 9-2-13

Election Board Records

Quorum

Term of Office

Redistricting

District Boards

Compensation

Resignation and Removal

Vacancies

Judicial Review of Election Board Actions

IX-8

IX-9

IX-10

IX-11

IX-12

CHAPTER 3 VOTERS

Section 9-3-1

Eligibility

Section 9-3-2

Time Limit for Registration

Section 9-3-3

Designation of Registrara; Duties

Section 9-3-4

Registration Procedures

Section 9-3-5

Voter Registration Form

Section 9-3-6

Duration of Registration; Re-Registration

Section 9-3-7

Voter Registration List

Section 9-3-8

Eligibility Disputed

Section 9-3-9

General Voter Qualifications

Section 9-3-10 Absentee Voter Qualifications

IX-13

IX-14

IX-15

IX-16

IX-18

IX-19

CHAPTER 4 PETITIONS

Section 9-4-1

Applicability

Section 9-4-2

Exclusiveness

Section 9-4-3

Change in Law

Section 9-4-4

Content of Petition Sheets

Section 9-4-5

Attachments for Referenda and Initiative

Section 9-4-6

Single Matter

Section 9-4-7

Sponsor

Section 9-4-8

Circulators

Section 9-4-9

Signatures

Section 9-4-10 Signatures Obtained by Mail

Section 9-4-11 Form for Filing Petition

Section 9-4-12 Filing of Petitions

Section 9-4-13 Certification of Signatures

Section 9-4-14 Action Upon Filing

Section 9-4-15 Removal of Petition Sheets

Section 9-4-16 Validity of Signatures

Section 9-4-17 Certification of Petitions

Section 9-4-18 Judicial Review of Certification

Section 9-4-19 Suit to Compel Action

IX-20

IX-22

IX-23

IX-24

IX-25

IX-26

IX-27

IX-28

IX-29

CHAPTER 5 GENERAL ELECTION PROCEDURES

Section 9-5-1

Election Dates

Section 9-5-2

Manner of Voting

Section 9-5-3

Absentee Voting

Section 9-5-4

Poll Book

Section 9-5-5

Observers

Section 9-5-6

Form of Ballots

Section 9-5-7

Ballot Instructions and Certification

IX-30

IX-31

IX-32

Section 9-5-8

Section 9-5-9

Section 9-5-10

Section 9-5-11

Section 9-5-12

Section 9-5-13

Section 9-5-14

Section 9-5-15

Section 9-5-16

Section 9-5-17

Section 9-5-18

Section 9-5-19

Section 9-5-20

Mailing out Ballots

Undeliverable Ballots

Replacement Ballot

Ballot Boxes

Receiving Ballots

Poll Closing

Counting Ballots

Runoff Election to Break Ties

Certification

Posting Results

Records

Challenges to Election Results

Judicial Review of Challenge

CHAPTER 6 TRIBAL COUNCIL ELECTIONS

Section 9-6-1

General Election Date

Section 9-6-2

Qualification for Office

Section 9-6-3

Nominating Procedures.

Section 9-6-4

Submission of Nominating Petition Packets

Section 9-6-5

Certification Procedure for Review and

Determination of Candidacy Qualification

Section 9-6-6

Appeal of Denial of Certification

Section 9-6-7

Posting of Candidates

Section 9-6-8

Tribal Council Elections

Section 9-6-9

Residency Requirements

Section 9-6-10 Installation of Candidates

Section 9-6-11 Term Limits

IX-33

IX-34

IX-35

IX-38

IX-39

IX-41

IX-42

IX-43

IX-44

IX-45

IX-46

IX-48

CHAPTER 7 FILLING VACANCIES ON THE TRIBAL COUNCIL

Section 9-7-1

Applicability

Section 9-7-2

Declaration of Vacancy

Section 9-7-3

Procedures for Filling Unexpired Terms

Section 9-7-4

Candidacy and Residency Requirements

Section 9-7-5

Term of Office for Appointee

IX-48

IX-49

IX-50

CHAPTER 8 RECALL ELECTIONS

Section 9-8-1

Recall from Office

Section 9-8-2

Petition for Recall

Section 9-8-3

Calling of Election

Section 9-8-4

Notice of Election

Section 9-8-5

Election Procedures

Section 9-8-6

Number of Votes Required for Recall

IX-51

IX-52

IX-53

CHAPTER 9 INITIATIVE AND REFERENDUM

Section 9-9-1

Referendum and Initiative

Section 9-9-2

Petition for Referendum or Initative

Section 9-9-3

Calling of Election

Section 9-9-4

Notice of Election

Section 9-9-5

Election Procedures

Section 9-9-6

Number of Votes Required for Referendum or

IX-53

IX-55

Initiative

IX-56

TITLE X

ENROLLMENT AND MEMBERSHIP

CHAPTER 1 GENERAL PROVISIONS

Section 10-1-1 Authority

Bookmark not defined.

Section 10-1-2 Purpose

Section 10-1-3 Definitions

Section 10-1-4 Severability

Section 10-1-5 Sovereign Immunity

X-Error!

X-1

X-2

CHAPTER 2 ENROLLMENT COMMITTEE

Section 10-2-1 Establishment

Section 10-2-2 Composition

Section 10-2-3 Qualifications

Section 10-2-4 Term of Office

Section 10-2-5 Compensation

Section 10-2-6 Resignation and Removal

Section 10-2-7 Vacancies

Section 10-2-8 Officers

Section 10-2-9 Ethics and Conflicts

Section 10-2-10 Powers and Duties of Committee

Section 10-2-11 Membership Roll

Section 10-2-12 Annual Census

Section 10-2-13 Quorum

Section 10-2-14 Meetings

X-2

X-3

X-4

X-5

X-6

X-7

CHAPTER 3 ENROLLMENT DEPARTMENT

Section 10-3-1 Establishment

Section 10-3-2 General Authority

X-7

X-8

CHAPTER 4 ENROLLMENT RECORDS

Section 10-4-1 Enrollment Records

Section 10-4-2 Confidentiality

Section 10-4-3 Access to Roll

Section 10-4-4 Corrections to Records

X-9

X-10

X-12

X-14

CHAPTER 5 ENROLLMENT PROCEDURES

Section 10-5-1 Definitions

Section 10-5-2 Eligibility for Enrollment

Section 10-5-3 Dual Enrollment

Section 10-5-4 Burden of Proof

Section 10-5-5 Application

Section 10-5-6 Receipt of Application

Section 10-5-7 Committee Review

Section 10-5-8 Tribal Council Approval

Section 10-5-9 Notice of Enrolment Action

Section 10-5-10 Enrollment of Member

X-15

X-16

X-17

X-18

X-20

X-22

X-24

X-25

X-26

Section 10-5-11

Section 10-5-12

Section 10-5-13

Section 10-5-14

Section 10-5-15

Genetic Testing

Application Deficiency

Appeal

Re-application

Notices

X-27

X-28

X-30

CHAPTER 6 REMOVAL FROM ENROLLMENT

Section 10-6-1 Generally

Section 10-6-2 Relinquishment

Section 10-6-3 Request for Relinquishment

Section 10-6-4 Receipt of Relinquishment Notice

Section 10-6-5 Dis-enrollment

Section 10-6-6 Notice of Dis-enrollment Action

Section 10-6-7 Dis-enrollment Hearing

Section 10-6-8 Effective Date of Removal from Enrollment

Section 10-6-9 Removal from Enrollment

Section 10-6-10 Appeal

Section 10-6-11 Re-enrollment

X-31

X-33

X-36

X-37

X-38

X-39

X-40

X-41

CHAPTER 7 APPEAL PROCEDURE

Section 10-7-1 Notice of Appeal

Section 10-7-2 Receipt of Appeal

Section 10-7-3 Hearing

Section 10-7-4 Deliberation and Decision

X-41

X-42

X-43

CHAPTER 8 HONORARY MEMBERSHIP

Section 10-8-1 Generally

Section 10-8-2 Purpose

Section 10-8-3 Eligibility

Section 10-8-4 Application

Section 10-8-5 Adoption of Honorary Member

Section 10-8-6 Notice of Adoption

Section 10-8-7 Honorary Roster

X-44

X-45

X-46

X-47

X-48

TITLE XI

LANDLORD AND TENANT

CHAPTER I - PROVISIONS

Section 11-1-1 Purpose

Section 11-1-2 Applicability

Section 11-1-3 Definitions

Section 11-1-4 Severability

Section 11-1-5 Sovereign Immunity

XI-1

XI-3

XI-7

CHAPTER 2 - LEASES GENERALLY

Section 11-2-1 Obligation of Good Faith

Section 11-2-2 Required Landlord Disclosure

Section 11-2-3 Required Tenant Disclosures

Section 11-2-4 Terms of Lease

Section 11-2-5 Delivery of Lease

XI-7

XI-9

XI-10

Section 11-2-6

Section 11-2-7

Section 11-2-8

Section 11-2-9

Section 11-2-10

Section 11-2-11

Section 11-2-12

Section 11-2-13

Section 11-2-14

Section 11-2-15

Unsigned Lease

Prohibited Provisions

Delivery of Possession

Separation of Rent from Duties

Assignment and Sublease

Encumbrance of Lease

Legal Counsel Fees

Security Deposits

Rules of Landlord

Title to Premises

CHAPTER 3 - TERMINATION OF TENANCIES

Section 11-3-1 Termination of Tenancies

Section 11-3-2 Holdover Tenant

Section 11-3-3 Death of Tenant

Section 11-3-4 Destruction of Premises

Section 11-3-5 Abandonment

Section 11-3-6 Disposition of Property on Termination or

Abandonment

Section 11-3-7 Disposition of Property on Death

Section 11-3-8 Disposal of Abandoned Property

Section 11-3-9 Domestic or Family Violence

XI-10

XI-11

XI-12

XI-15

XI-19

XI-20

XI-21

XI-23

XI-24

XI-25

XI-27

XI-28

XI-29

CHAPTER 4 - NON-RESIDENTIAL TENANCIES

Section 11-4-1 Applicability

Section 11-4-2 Landlord Lien for Rent

Section 11-4-3 Non-Residential Landlord Duties

Section 11-4-4 Non-Residential Tenant Duties

Section 11-4-5 Maintenance Agreements

XI-35

XI-38

XI-40

CHAPTER 5 - RESIDENTIAL TENANCIES

Section 11-5-1 Applicability

Section 11-5-2 Landlord Lien Prohibited

Section 11-5-3 Residential Landlord Duties

Section 11-5-4 Residential Tenant Duties

Section 11-5-5 Maintenance Agreements

Section 11-5-6 Domestic or Family Violence

XI-40

XI-43

XI-45

CHAPTER 6 - NONCOMPLIANCE

Section 11-6-1 Landlord Noncompliance

Section 11-6-2 Tenant Noncompliance

Section 11-6-3 Retaliation

XI-46

XI-49

XI-51

CHAPTER 7 - EVICTION

Section 11-7-1 Definitions

Section 11-7-2 Grounds for Eviction

Section 11-7-3 Self-Help Eviction Prohibited

Section 11-7-4 Notice to Quit

Section 11-7-5 Procedure

Section 11-7-6 Rights of Parties

Section 11-7-7 Initiation of Proceedings

XI-54

XI-55

XI-56

XI-57

XI-58

XI-59

Section 11-7-8

Section 11-7-9

Section 11-7-10

Section 11-7-11

Section 11-7-12

Section 11-7-13

Section 11-7-14

Section 11-7-15

Section 11-7-16

Section 11-7-17

Section 11-7-18

Summons and Service of Process

Responsive Pleading

Defenses

Settlement

Discovery

Conduct of Hearings

Continuance

Hearing on Complaint

Judgment

Stay of Judgment

Enforcement of Eviction

XI-60

XI-61

XI-62

XI-63

XI-64

XI-66

XI-67

TITLE XII

TAXATION

CHAPTER 1 – GENERAL PROVISIONS

12-1-1

Purpose

12-1-2

Definitions

12-1-3

Consent to Jurisdiction

12-1-4

Non-Liability

12-1-5

Severability

12-1-6

Sovereign Immunity

XII-1

XII-2

XII-3

CHAPTER 2

12-2-1

12-2-2

12-2-3

12-2-4

12-2-5

12-2-6

12-2-7

12-2-8

12-2-9

12-2-10

12-2-11

12-2-12

12-2-13

12-2-14

12-2-15

12-2-16

12-2-17

12-2-18

12-2-19

12-2-20

12-2-21

12-2-22

12-2-23

12-2-24

TAX COMMISSION

Establishment

Composition

Qualifications

Term of Office

Compensation

Resignation and Removal

Vacancies

Officers

Ethics and Conflicts

Preparation of Tax Returns

Recusal

Quorum

Meetings

Powers and Duties of Commission

Obtaining Information

Investigative Authority

Private Rulings

Rules and Regulations

Setting Tax Rates

Commission Seal

Stamps and Licenses

Treatment of Tax Proceeds

Records of Commission

Use of Other Resources

XII-3

XII-4

XII-5

XII-6

XII-7

XII-8

XII-10

XII-11

XII-12

XII-13

XII-14

XII-15

XII-16

XII-17

XII-18

XII-21

CHAPTER 3

COLLECTION AND ENFORCEMENT

12-3-1

12-3-2

12-3-3

12-3-4

12-3-5

12-3-6

12-3-7

12-3-8

12-3-9

12-3-10

12-3-11

12-3-12

12-3-13

12-3-14

12-3-15

12-3-16

12-3-17

12-3-18

12-3-19

12-3-20

12-3-21

12-3-22

12-3-23

12-3-24

12-3-25

Payment and Filing

Extensions of Time

Duty to Keep Records

Assessment of Tax

Examination and Audit

Notices of Assessment and Refund

Formal Conference

Appeal to Commission

Judicial Review

Collection of Tax

Refunds

Interest

Costs of Collection

Penalties

Enjoining Business

Tax Lien

Seizure of Contraband

Sale of Property

Abatement of Taxes

Settlement Agreements

Violations

Effectiveness of Notices

Limitations of Actions

Prohibition of Suits

Sovereign Immunity in Enforcement

XII-22

XII-23

XII-24

XII-25

XII-26

XII-28

XII-29

XII-30

XII-31

XII-32

XII-33

XII-34

XII-36

XII-37

XII-38

XII-39

CHAPTER 4

12-4-1

12-4-2

12-4-3

12-4-4

12-4-5

12-4-6

12-4-7

12-4-8

12-4-9

12-4-10

SALES TAX

Purpose

Definitions

Tax Imposed

Exemptions

Tax as Additional Tax

Legal Incidence of Tax

Tax Stated Separately

License

Return

Payment

XII-40

XII-43

XII-45

XII-46

XII-47

CHAPTER 5

12-5-1

12-5-2

12-5-3

12-5-4

12-5-5

12-5-6

12-5-7

12-5-8

12-5-9

12-5-10

SERVICE TAX

Purpose

Definitions

Tax Imposed

Exemptions

Tax as Additional Tax

Legal Incidence of Tax

Tax Stated Separately

License

Return

Payment

XII-47

XII-49

XII-50

XII-51

XII-52

XII-53

CHAPTER 6

MOTOR VEHICLE FUEL TAX

12-6-1

12-6-2

12-6-3

12-6-4

12-6-5

12-6-6

12-6-7

12-6-8

12-6-9

Purpose

Definitions

Tax Imposed

Tax as Additional Tax

Legal Incidence of Tax

Tax Included in Price

License

Return

Payment

XII-53

XII-54

XII-55

XII-56

CHAPTER 7

12-7-1

12-7-2

12-7-3

12-7-4

12-7-5

12-7-6

12-7-7

12-7-8

12-7-9

12-7-10

12-7-11

TOBACCO TAX

Purpose

Definitions

Tax Imposed on Cigarettes

Tax Imposed on Tobacco Products

Tax as Additional Tax

Legal Incidence of Tax

Inclusion of Tax in Price

Tax Stamp

License

Return

Payment

XII-57

XII-59

XII-60

XII-61

XII-62

XII-63

CHAPTER 8

12-8-1

12-8-2

12-8-3

12-8-4

12-8-5

12-8-6

12-8-7

12-8-8

12-8-9

12-8-10

LIQUOR TAX

Purpose

Definitions

Tax Imposed

Exemptions

Tax as Additional Tax

Legal Incidence of Tax

Tax Stated Separately

License

Return

Payment

XII-63

XII-64

XII-65

XII-66

XII-67

CHAPTER 9

12-9-1

12-9-2

12-9-3

12-9-4

12-9-5

12-9-6

12-9-7

12-9-8

12-9-9

12-9-10

LODGING TAX

Purpose

Definitions

Tax Imposed

Exemptions

Tax as Additional Tax

Legal Incidence of Tax

Tax Stated Separately

License

Return

Payment

XII-68

XII-69

XII-70

XII-71

XII-72

CHAPTER 10 TAX AGREEMENTS

12-10-1

Tax Agreements

12-10-2

Compliance with Agreement

XII-72

12-10-3

12-10-4

Tax Rate Affected

Tax Exemptions

XII-72

TITLE XIII

GOVERNMENTAL SECURED TRANSACTIONS ORDINANCE

CHAPTER 1

CHAPTER 2

CHAPTER 3

CHAPTER 4

CHAPTER 5

PURPOSE

SCOPE

DEFINITIONS

LAWS APPLICABLE TO SECURITY INTERESTS

EFFECTIVE DATE AND REPEALER

XIII-1

XIII-2

XIII-3

TITLE XIV

BUSINESS ENTITIES

CHAPTER 1

14-1-1

14-1-2

14-1-3

14-1-4

14-1-5

14-1-6

14-1-7

14-1-8

GENERAL PROVISIONS

Authority

Purpose

Definitions

Applicability and Consent to Jurisdiction

No Impairment of Contracts

Amendment or Repeal

Severability

Sovereign Immunity

XIV-1

XIV-3

XIV-4

XIV-5

CHAPTER 2

14-2-1

14-2-2

14-2-3

14-2-4

14-2-5

14-2-6

14-2-7

14-2-8

14-2-9

14-2-10

14-2-11

BUSINESS ENTITIES GENERALLY

Business Entity Names

Governing Law

Nature and Powers of Business Entities

Conduct of Business Entities

Activities in Foreign Jurisdictions

Indemnification of Owners and Managers

Statements of Authority and Denial

Limitations on Organizational Documents

Registered Agents

Service of Process

Annual Reports

XIV-5

XIV-8

XIV-11

XIV-12

XIV-13

XIV-15

XIV-17

XIV-19

CHAPTER 3

14-3-1

14-3-2

14-3-3

14-3-4

14-3-5

14-3-6

14-3-7

DOCUMENTS AND FEES

Execution of Documents

Execution by Judicial Act

Filing Documents

Requirements for Filing

Effective Time of Filing

Withdrawal of Filing

Correction of Filing

XIV-20

XIV-21

XIV-22

XIV-23

XIV-24

XIV-25

14-3-8

14-3-9

14-3-10

14-3-11

14-3-12

14-3-13

Liability for Inaccurate Filing

Certificate of Status

Invalid Provisions

Forms

Fees

Records as Evidence

XIV-26

XIV-27

XIV-28

XIV-29

CHAPTER 4

14-4-1

14-4-2

14-4-3

14-4-4

14-4-5

14-4-6

14-4-7

14-4-8

14-4-9

14-4-10

14-4-11

14-4-12

14-4-13

14-4-14

14-4-15

14-4-16

14-4-17

14-4-18

TRIBAL BUSINESS ENTITIES

Definitions

Nature of Tribal Business Entities

Formation

Organizational Documents

Registered Agent

Privileges and Immunities

Waivers of Sovereign Immunity

Management

Voting of Owners

Meetings of Owner

Manager as Agent

Liability to Third Parties

Property of Tribal Business Entities

Interest in Business Entities

Reports

Audits

Distributions

Actions by Owner

XIV-29

XIV-30

XIV-32

XIV-33

XIV-34

XIV-36

XIV-39

XIV-41

XIV-42

XIV-44

XIV-45

XIV-46

CHAPTER 5

14-5-1

14-5-2

14-5-3

14-5-4

14-5-5

14-5-6

14-5-7

TRADE NAMES

Requirement of Trade Name

Application

Issuance of Certificate

Term of Registration

Transfer and Assignment

Exclusive Rights

Cancellation

XIV-47

XIV-48

XIV-49

XIV-50

XIV-51

CHAPTER 6

14-6-1

14-6-2

14-6-3

14-6-4

14-6-5

14-6-6

14-6-7

14-6-8

14-6-9

14-6-10

FOREIGN BUSINESS ENTITIES

Governing Law

Registration

Registration Statement

Activities Not Constituting Doing Business

Noncomplying Name

Withdrawal of Registration

Transfer of Registration

Termination of Registration

Judicial Termination of Registration

Violation of Chapter

XIV-51

XIV-52

XIV-54

XIV-55

XIV-56

XIV-57

XIV-58

XIV-61

CHAPTER 7

14-7-1

MERGER

Definitions

XIV-62

14-7-2

14-7-3

14-7-4

14-7-5

14-7-6

14-7-7

14-7-8

Merger Authorized

Plan of Merger

Approval of Merger

Amendment or Abandonment of Merger

Statement of Merger

Effect of Merger

Ineffectiveness of Merger Due to Foreign Law

XIV-62

XIV-63

XIV-64

XIV-65

XIV-66

XIV-68

CHAPTER 8

14-8-1

14-8-2

14-8-3

14-8-4

14-8-5

14-8-6

14-8-7

14-8-8

INTEREST EXCHANGE

Definitions

XIV-69

Interest Exchange Authorized

XIV-69

Plan of Interest Exchange

XIV-70

Approval of Interest Exchange

XIV-70

Amendment or Abandonment of Interest Exchange

XIV-71

Statement of Interest Exchange

XIV-73

Effect of Interest Exchange

XIV-74

Ineffectiveness of Interest Exchange Due to Foreign Law XIV-74

CHAPTER 9

14-9-1

14-9-2

14-9-3

14-9-4

14-9-5

14-9-6

14-9-7

14-9-8

CONVERSION

Definitions

Conversion Authorized

Plan of Conversion

Approval of Conversion

Amendment or Abandonment of Conversion

Statement of Conversion

Effect of Conversion

Ineffectiveness of Conversion Due to Foreign Law

XIV-75

XIV-76

XIV-77

XIV-78

XIV-80

XIV-81

CHAPTER 10 DOMESTICATION

14-10-1

Definitions

14-10-2

Domestication Authorized

14-10-3

Plan of Domestication

14-10-4

Approval of Domestication

14-10-5

Amendment or Abandonment of Domestication

14-10-6

Statement of Domestication

14-10-7

Effect of Domestication

14-10-8

Ineffectiveness of Domestication Due to Foreign Law

XIV-83

XIV-84

XIV-86

XIV-87

XIV-89

CHAPTER 11 DIVISION

14-11-1

Definitions

14-11-2

Division Authorized

14-11-3

Plan of Division

14-11-4

Approval of Division

14-11-5

Amendment or Abandonment of Plan of Division

14-11-6

Statement of Division

14-11-7

Effect of Division

14-11-8

Allocation of Obligations

14-11-9

Ineffectiveness of Division Due to Foreign Law

XIV-90

XIV-91

XIV-92

XIV-93

XIV-94

XIV-96

XIV-98

XIV-100

CHAPTER 12 DISSOLUTION

14-12-1

Dissolution

XIV-101

14-12-2

14-12-3

14-12-4

14-12-5

14-12-6

14-12-7

14-12-8

14-12-9

14-12-10

14-12-11

Judicial Dissolution

Administrative Dissolution

Rescinding Dissolution

Statement of Dissolution

Effect of Dissolution

Distribution of Assets and Winding Up

Known Claims Against Dissolved Business Entity

Other Claims Against Dissolved Business Entity

Statement of Termination

Actions Involving Tribal Business Entities

XIV-102

XIV-103

XIV-106

XIV-107

XIV-108

XIV-109

XIV-111

XIV-112

XIV-113

XIV-114

TITLE XV

LIMITED LIABILITY COMPANIES

CHAPTER 1 GENERAL PROVISIONS

15-1-1

Definitions

15-1-2

Governing Laws

15-1-3

Severability

15-1-4

Sovereign Immunity

XV-1

XV-2

XV-3

CHAPTER 2

15-2-1

15-2-2

15-2-3

15-2-4

FORMATION

Formation

Articles of Organization

Amendment or Restatement of Articles

Operating Agreement

XV-3

XV-4

XV-5

CHAPTER 3

15-3-1

15-3-2

15-3-3

15-3-4

15-3-5

15-3-6

15-3-7

15-3-8

15-3-9

15-3-10

15-3-11

15-3-12

OWNERS AND MANAGERS

Admission of Owners

Dissociation

Management

Voting of Owners

Action by Written Consent

Duties of Owners and Managers

Owner or Manager as Agent

Representations of Owner or Manager

Knowledge of Owner or Manager

Rights to Information and Records

Direct Action by Owner

Derivative Actions

XV-6

XV-7

XV-10

XV-12

XV-13

XV-15

XV-16

XV-17

XV-18

CHAPTER 4

15-4-1

15-4-2

15-4-3

15-4-4

15-4-5

15-4-6

15-4-7

15-4-8

DEALING WITH LIMITED LIABILITY COMPANY

Nature of Limited Liability Company

Interests in Limited Liability Company

Charging Ownership Interest

Property of Limited Liability Company

Liability to Third Parties

Parties to Actions

Authority to Sue

Records

XV-21

XV-22

XV-24

XV-25

CHAPTER 5

15-5-1

15-5-2

15-5-3

15-5-4

15-5-5

15-5-6

15-5-7

CONTRIBUTIONS AND DISTRIBUTIONS

Contributions

Allocation of Profits and Losses

Distributions Generally

Distributions Upon Partial Redemption

Distribution Upon Dissociation

Limitations on Distributions

Liability for Improper Distributions

XV-26

XV-27

XV-28

XV-29

TITLE XVI

LIQUOR CONTROL

CHAPTER 1 GENERAL PROVISIONS

Section 16-1-1 Authority

Section 16-1-2 Purpose

Section 16-1-3 Definitions

Section 16-1-4 Consent to Jurisdiction

Section 16-1-5 Non-Liability

Section 16-1-6 Severability

Section 16-1-7 Sovereign Immunity

XVI-1

XVI-4

XVI-5

CHAPTER 2 LIQUOR CONTROL BOARD

Section 16-2-1 Establishment

Section 16-2-2 Composition

Section 16-2-3 Qualifications

Section 16-2-4 Term of Office

Section 16-2-5 Compensation

Section 16-2-6 Resignation and Removal

Section 16-2-7 Vacancies

Section 16-2-8 Officers

Section 16-2-9 Ethics and Conflicts

Section 16-2-10 Recusal

Section 16-2-11 Quorum

Section 16-2-12 Meetings

Section 16-2-13 Powers and Duties of Board

Section 16-2-14 Obtaining Information

Section 16-2-15 Investigative Authority

Section 16-2-16 Rules and Regulations

Section 16-2-17 Board Seal

Section 16-2-18 Stamps and Licenses

Section 16-2-19 Records of Board

Section 16-2-20 Use of Other Resources

XVI-5

XVI-6

XVI-7

XVI-8

XVI-9

XVI-10

XVI-11

XVI-12

XVI-13

XVI-14

XVI-15

CHAPTER 3 LIQUOR LICENSES

Section 16-3-1 License Required

Section 16-3-2 Exemptions

Section 16-3-3 Liquor Licenses

Section 16-3-4 Manufacturer License

Section 16-3-5 Wholesale License

XVI-16

XVI-17

XVI-18

Section 16-3-6

Section 16-3-7

Section 16-3-8

Section 16-3-9

Section 16-3-10

Section 16-3-11

Section 16-3-12

Section 16-3-13

Section 16-3-14

Section 16-3-15

Section 16-3-16

Section 16-3-17

Section 16-3-18

Section 16-3-19

Retail License

Special Event License

Registration of Salesmen

Application for License

Notice of Application

Processing Application

Form of License

Renewal of License

Transfer and Modification of License

Appeal

Sale of Stock

Duty to Keep Records

Operation of Licensed Premises

Insurance

CHAPTER 4 ENFORCEMENT AND VIOLATIONS

Section 16-4-1 Complaints

Section 16-4-2 Examination and Audit

Section 16-4-3 Notice of Violation

Section 16-4-4 Formal Conference

Section 16-4-5 Appeal

Section 16-4-6 Judicial Review

Section 16-4-7 Storage, Sale and Manufacture Violations

Section 16-4-8 Violations by Public

Section 16-4-9 Other Violations

Section 16-4-10 Reporting of Violations

Section 16-4-11 Revocation and Suspension of License

Section 16-4-12 Enjoining Business

Section 16-4-13 Seizure of Contraband

Section 16-4-14 Sovereign Immunity in Enforcement

XVI-19

XVI-20

XVI-21

XVI-22

XVI-23

XVI-25

XVI-26

XVI-27

XVI-28

XVI-29

XVI-30

XVI-31

XVI-32

XVI-33

XVI-34

XVI-35

XVI-36

XVI-39

XVI-40

XVI-41

XVI-42

XVI-43

TITLE XVII

ENVIRONMENT

CHAPTER 1 GENERAL PROVISIONS

Section 17-1-1 Purpose

Section 17-1-2 Definitions

Section 17-1-3 Territorial Jurisdiction

Section 17-1-4 Severability

Section 17-1-5 Sovereign Immunity

XVII-1

XVII-3

CHAPTER 2 ENVIRONMENTAL PROTECTION DEPARTMENT

Section 17-2-1 Establishment

Section 17-2-2 General Authority

Section 17-2-3 Rules and Regulations

Section 17-2-4 Use of Other Resources

Section 17-2-5 Inspection Authority

Section 17-2-6 Cease and Desist Orders

Section 17-2-7 Notice of Violation

Section 17-2-8 Appeal and Review

Section 17-2-9 Judicial Review

XVII-3

XVII-4

XVII-5

XVII-6

XVII-7

Section 17-2-10 Reporting of Violations

Section 17-2-11 Civil Penalties

Section 17-2-12 Sovereign Immunity in Enforcement

XVII-9

CHAPTER 3 GENERAL ENVIRONMENTAL PROTECTION

Section 17-3-1 Protection of Environment Generally

Section 17-3-2 Waste Disposal

Section 17-3-3 Contamination of Sites

Section 17-3-4 Notice of Site Contamination

Section 17-3-5 Clean Up of Contaminated Sites

Section 17-3-6 Clean-up Orders

Section 17-3-7 Voluntary Cleanup Plans

Section 17-3-8 Owner and Operator Liability

XVII-10

XVII-11

XVII-12

XVII-15

TITLE XVIII

HEALTH

CHAPTER 1 - GENERAL PROVISIONS

Section 18-1-1 Purpose

Section 18-1-2 Definitions

Section 18-1-3 Non-Liability

Section 18-1-4 Severability

Section 18-1-5 Sovereign Immunity

XVIII-1

XVIII-3

CHAPTER 2 - HEALTH SERVICES DEPARTMENT

Section 18-2-1 Establishment

Section 18-2-2 Director

Section 18-2-3 Powers and Duties of Department

Section 18-2-4 Rules and Regulations

Section 18-2-5 Confidentiality

Section 18-2-6 Use of Other Resources

Section 18-2-7 Decisions and Orders of Department

Section 18-2-8 Appeal to Director

Section 18-2-9 Intermediate Appeals

Section 18-2-10 Judicial Review

XVIII-3

XVIII-4

XVIII-8

XVIII-10

XVIII-11

XVIII-12

XVIII-14

CHAPTER 3 - PROTECTION OF PUBLIC HEALTH

Section 18-3-1 Definitions

Section 18-3-2 Reportable Diseases

Section 18-3-3 Receiving Public Health Reports

Section 18-3-4 Investigations

Section 18-3-5 Inspections

Section 18-3-6 Abatement of Nuisances

Section 18-3-7 Contaminated Property

Section 18-3-8 Initiation of Legal Proceedings

Section 18-3-9 Spreading of Disease

Section 18-3-10 Declaration of Public Health Emergency

Section 18-3-11 Authority of Department During Emergency

Section 18-3-12 Access to Information During Emergency

Section 18-3-13 Confidentiality

XVIII-16

XVIII-17

XVIII-18

XVIII-20

XVIII-21

XVIII-22

XVIII-23

XVIII-24

XVIII-25

Section 18-3-14 Violations

XVIII-27

CHAPTER 4 - ISOLATION AND QUARANTINE

Section 18-4-1 Definitions

Section 18-4-2 Conditions for Isolation or Quarantine

Section 18-4-3 Duration of Isolation or Quarantine

Section 18-4-4 Authority of Department

Section 18-4-5 Authority of Tribal Court

Section 18-4-6 Procedure

Section 18-4-7 Conduct of Hearings

Section 18-4-8 Proceedings of a Civil Nature

Section 18-4-9 Initiation of Proceedings by Department

Section 18-4-10 Initiation of Proceedings for Relief from

Administrative Order

Section 18-4-11 Emergency Orders

Section 18-4-12 Hearing on Petition

Section 18-4-13 Order for Isolation or Quarantine

Section 18-4-14 Notice and Service of Order

Section 18-4-15 Modification of Order

Section 18-4-16 Violation of Order

Section 18-4-17 Entry Into Isolation or Quarantine

XVIII-28

XVIII-30

XVIII-31

XVIII-32

XVIII-33

XVIII-34

XVIII-35

XVIII-36

XVIII-37

XVIII-38

XVIII-39

XVIII-40

XVIII-41

CHAPTER 5 - MEDICAL TREATMENT

Section 18-5-1 Definitions

Section 18-5-2 Informed Consent

Section 18-5-3 Surrogate Consent

Section 18-5-4 Consent in Emergency

Section 18-5-5 Consent by Person Having Care of Minor or Court

Section 18-5-6 Consent by Minor Generally

Section 18-5-7 Minor Consent to Substance Use Treatment

Section 18-5-8 Minor Consent to Counseling

Section 18-5-9 Access to Minor Information

Section 18-5-10 Liability of Provider

Section 18-5-11 Liability During Emergency

XVIII-41

XVIII-43

XVIII-45

XVIII-47

XVIII-48

XVIII-49

XVIII-50

CHAPTER 6 - FOOD SERVICES

Section 18-6-1 Definitions

Section 18-6-2 Consent to Jurisdiction

Section 18-6-3 Health Inspector

Section 18-6-4 Rules and Regulations

Section 18-6-5 License Required

Section 18-6-6 Exemptions

Section 18-6-7 Application for License

Section 18-6-8 Processing of Application

Section 18-6-9 Form of License

Section 18-6-10 Renewal of License

Section 18-6-11 Transfer and Modification of License

Section 18-6-12 License Suspension or Revocation

Section 18-6-13 Enjoining Food Establishment

Section 18-6-14 Operation of Licensed Premises

Section 18-6-15 Inspections

XVIII-51

XVIII-52

XVIII-53

XVIII-54

XVIII-55

XVIII-56

XVIII-57

XVIII-58

XVIII-59

XVIII-60

Section 18-6-16 Violations

Section 18-6-17 Review of Actions

Section 18-6-18 Sovereign Immunity in Enforcement

XVIII-61

XVIII-62

CHAPTER 7 - ENFORCEMENT AND VIOLATIONS

Section 18-7-1 Violations Generally

Section 18-7-2 Disorderly Conduct Violations

Section 18-7-3 Denial of Access

Section 18-7-4 Notice of Violation

Section 18-7-5 Exclusion from Contracting

Section 18-7-6 Reporting of Violations

XVIII-63

XVIII-65

XVIII-67

TITLE XIX

CORPORATIONS

CHAPTER 1

19-1-1

19-1-2

19-1-3

19-1-4

GENERAL PROVISIONS

Definitions

Governing Laws

Severability

Sovereign Immunity

XIX-1

XIX-2

XIX-3

CHAPTER 2

19-2-1

19-2-2

19-2-3

19-2-4

19-2-5

FORMATION

Formation

Articles of Incorporation

Amendment or Restatement of Articles

Restatement of Articles

Bylaws

XIX-3

XIX-4

XIX-6

XIX-7

CHAPTER 3

19-3-1

19-3-2

19-3-3

19-3-4

19-3-5

19-3-6

19-3-7

19-3-8

19-3-9

19-3-10

19-3-11

SHARES AND SHAREHOLDERS

Issuance of Shares

Meetings of Shareholders

Shareholder Action Without Meeting

Voting of Shares

Voting Trusts and Agreements

Shareholder Agreements

Shareholder Dissent

Derivative Actions

Financial Statements

Rights to Information and Records

XIX-8

XIX-10

XIX-11

XIX-13

XIX-14

XIX-15

XIX-18

XIX-24

XIX-26

XIX-27

CHAPTER 4

19-4-1

19-4-2

19-4-3

19-4-4

BOARD OF DIRECTORS

Board of Directors

Board Committees

Officers

Duties of Directors and Officers

XIX-28

XIX-30

XIX-31

XIX-32

CHAPTER 5

19-5-1

19-5-2

DEALING WITH CORPORATION

Nature of Corporation

Property of Corporation

XIX-36

19-5-3

19-5-4

19-5-5

19-5-6

Liability to Third Parties

Parties to Actions

Authority to Sue

Records

XIX-36

XIX-37

CHAPTER 6

19-6-1

19-6-2

19-6-3

DISTRIBUTIONS

Distributions Generally

Limitations on Distributions

Liability for Improper Distributions

XIX-39

XIX-40

TITLE XX

NONPROFIT ENTITIES

CHAPTER 1

20-1-1

20-1-2

20-1-3

20-1-4

GENERAL PROVISIONS

Definitions

Governing Laws

Severability

Sovereign Immunity

XX-1

XX-2

CHAPTER 2

20-2-1

20-2-2

20-2-3

20-2-4

20-2-5

20-2-6

20-2-7

20-2-8

20-2-9

20-2-10

20-2-11

20-2-12

20-2-13

20-2-14

20-2-15

20-2-16

20-2-17

20-2-18

20-2-19

20-2-20

20-2-21

20-2-22

20-2-23

20-2-24

NONPROFIT CORPORATIONS

Definitions

Formation

Articles of Incorporation

Amendment of Articles

Restatement of Articles

Effect of Amendment of Articles

Bylaws

Members

Meetings of Members

Member Action Without Meeting

Voting of Members

Voting Trusts and Agreements

Member Agreements

Derivative Actions

Delegates

Financial Statements

Board of Directors

Board Committees

Designated Body

Officers

Duties of Directors and Officers

Conflicts of Interest

Representations of Directors and Officers

Knowledge of Directors and Officers

XX-3

XX-4

XX-5

XX-6

XX-8

XX-9

XX-10

XX-12

XX-14

XX-15

XX-16

XX-19

XX-21

XX-22

XX-23

XX-25

XX-26

XX-27

XX-28

XX-30

XX-31

XX-32

CHAPTER 3

20-3-1

20-3-2

20-3-3

20-3-4

UNINCORPORATED NONPROFITS

Definitions

Formation

Governing Principles

Restatement of Governing Principles

XX-32

XX-34

XX-35

20-3-5

20-3-6

20-3-7

20-3-8

20-3-9

20-3-10

20-3-11

20-3-12

20-3-13

20-3-14

20-3-15

20-3-16

20-3-17

Appointment of Registered Agent

Members

Meetings of Members

Member Action Without a Meeting

Voting of Members

Voting Agreements

Derivative Actions

Managers

Duties of Members and Managers

Conflicts of Interests

Member or Manager as Agent

Representations of Members and Managers

Knowledge of Member or Manager

XX-36

XX-37

XX-38

XX-40

XX-41

XX-42

XX-44

XX-46

XX-48

XX-49

XX-50

XX-51

CHAPTER 4

20-4-1

20-4-2

20-4-3

20-4-4

20-4-5

20-4-6

20-4-7

DEALING WITH NONPROFIT ENTITIES

Nature of Nonprofit Entity

Property of Nonprofit Entity

Liability to Third Parties

Parties to Actions

Authority to Sue

Records

Rights to Information and Records

XX-52

XX-53

XX-54

XX-55

CHAPTER 5

20-5-1

20-5-2

OWNERSHIP AND DISTRIBUTIONS

Ownership and Distributions Prohibited

Liability for Unlawful Distributions

XX-56

XX-57

TITLE XXI

PARTNERSHIPS

CHAPTER 1

21-1-1

21-1-2

21-1-3

21-1-4

GENERAL PROVISIONS

Definitions

Governing Laws

Severability

Sovereign Immunity

XXI-1

XXI-3

CHAPTER 2

21-2-1

21-2-2

21-2-3

21-2-4

FORMATION

Formation

Partnership for a Definite Term

Partnership Agreement

Statement of Qualification

XXI-3

XXI-5

XXI-7

CHAPTER 3

21-3-1

21-3-2

21-3-3

21-3-4

21-3-5

21-3-6

21-3-7

PARTNERS

Admission of Partners

Dissociation

Management

Voting of Partners

Action by Written Consent

Duties of Partners

Partner as Agent

XXI-9

XXI-15

XXI-16

XXI-18

21-3-8

21-3-9

21-3-10

21-3-11

21-3-12

Representations of Partner

Knowledge of Partner

Rights to Information and Records

Direct Action by Partner

Derivative Actions

XXI-19

XXI-20

XXI-21

CHAPTER 4

21-4-1

21-4-2

21-4-3

21-4-4

21-4-5

21-4-6

21-4-7

21-4-8

21-4-9

DEALING WITH PARTNERSHIP

Nature of Partnership

Interest in Partnership

Charging Partnership Interest

Property of Partnership

Liability to Third Parties

Parties to Actions

Authority to Sue

Actions Between Partners and Partnership

Records

XXI-23

XXI-25

XXI-26

XXI-27

XXI-29

XXI-30

CHAPTER 5

21-5-1

21-5-2

21-5-3

21-5-4

21-5-5

21-5-6

21-5-7

21-5-8

21-5-9

21-5-10

21-5-11

21-5-12

21-5-13

21-5-14

LIMITED PARTNERSHIPS

Formation

Certificate of Limited Partnership

Amendment or Restatement of Certificate

Dual Capacity

Admission of Limited Partners

Person Erroneously Believing Limited Partner

Dissociation of Limited Partners

Management by Limited Partner

Voting of Limited Partners

Duties of Limited Partners

Limited Partner as Agent

Knowledge of Limited Partner

Rights to Information and Records

Liability to Third Parties

XXI-32

XXI-33

XXI-35

XXI-36

XXI-39

XXI-40

CHAPTER 6

21-6-1

21-6-2

21-6-3

21-6-4

21-6-5

CONTRIBUTIONS AND DISTRIBUTIONS

Contributions

Allocation of Profits and Losses

Distributions Generally

Limitations on Distributions

Liability for Improper Distributions

XXI-41

XXI-42

XXI-43

TITLE XXII

COOPERATIVES

CHAPTER 1

22-1-1

22-1-2

22-1-3

22-1-4

CHAPTER 2

22-2-1

22-2-2

GENERAL PROVISIONS

Definitions

Governing Laws

Severability

Sovereign Immunity

FORMATION

Formation

Articles of Organization

XXII-1

XXII-4

XXII-5

22-2-3

22-2-4

Bylaws

Amendment of Articles and Bylaws

XXII-6

XXII-7

CHAPTER 3

22-3-1

22-3-2

22-3-3

22-3-4

22-3-5

22-3-6

22-3-7

22-3-8

22-3-9

22-3-10

22-3-11

22-3-12

22-3-13

MEMBERS

Admission of Members

Districts and Classes

Dissociation

Meetings of Members

Member Action Without a Meeting

Voting of Members

Member Transactions with Cooperative

Member as Agent

Direct Action by Member

Member Dissent

Derivative Actions

Financial Statements

Rights to Information and Records

XXII-10

XXII-11

XXII-13

XXII-14

XXII-16

XXII-17

XXII-18

XXII-22

XXII-24

XXII-25

CHAPTER 4

22-4-1

22-4-2

22-4-3

22-4-4

22-4-5

22-4-6

22-4-7

22-4-8

22-4-9

BOARD OF DIRECTORS

Board of Directors

Board Committees

Officers

Duties of Directors and Officers

Conflicts of Interest

Directors and Officers as Agent

Representations of Directors and Officers

Knowledge of Director or Officer

Right to Information

XXII-27

XXII-32

XXII-33

XXII-36

XXII-37

CHAPTER 5

22-5-1

22-5-2

22-5-3

22-5-4

22-5-5

22-5-6

22-5-7

LIMITED COOPERATIVES

Requirements for Formation

Dual Capacity

Voting of Investor Members

Approval of Actions

Board of Directors

Interest in Limited Cooperative

Removal of Limited Cooperative Status

XXII-38

XXII-39

XXII-40

XXII-41

CHAPTER 6

22-6-1

22-6-2

22-6-3

22-6-4

22-6-5

22-6-6

WORKER COOPERATIVES

Requirements for Formation

Members as Employees

Limited Worker Cooperatives

Collective Board Worker Cooperatives

Patronage

Removal of Worker Cooperative Status

XXII-42

XXII-43

XXII-44

CHAPTER 7

22-7-1

22-7-2

22-7-3

22-7-4

DEALING WITH COOPERATIVE

Nature of Cooperative

Cooperatives Not Restraint of Trade

Marketing Contracts

Interests in Cooperative

XXII-45

XXII-46

22-7-5

22-7-6

22-7-7

22-7-8

22-7-9

22-7-10

22-7-11

Charging Membership Interest

Property of Cooperative

Disposition of Assets

Liability to Third Parties

Parties to Actions

Authority to Sue

Records

XXII-48

XXII-49

XXII-51

XXII-52

CHAPTER 8

22-8-1

22-8-2

22-8-3

22-8-4

22-8-5

22-8-6

CONTRIBUTIONS AND DISTRIBUTIONS

Contributions

Allocation of Profits and Losses

Distributions Generally

Redemption or Repurchase

Limitations of Distributions

Liability for Improper Distributions

XXII-54

XXII-55

XXII-57

XXII-58

PONCA TRIBE OF NEBRASKA

LAW AND ORDER CODE

TITLE I

GENERAL PROVISIONS

CHAPTER 1

PRELIMINARY PROVISIONS

Section 1-1-1. Constitutional Authority. This Law and Order Code

is adopted pursuant to the authority vested in the Ponca Tribal

Council under the Constitution of the Ponca Tribe of Nebraska.

Section 1-1-2.

Designation of Code.

This Law and Order Code shall be the official Code of

the Ponca Tribe of Nebraska and shall be composed of all ordinances

enacted by the members and/or the Tribal Council of the Tribe and

all amendments and supplements thereto.

This Law and Order Code shall be known as the Code of

the Ponca Tribe of Nebraska and cited as “Ponca Tr. of Neb. Code”

followed by the number of the title, the number of the chapter in

the title, and the number of the section in the chapter, each

separated by a dash.

Example: This section shall be cited as

“Ponca Tr. of Neb. Code § 1-1-2.” This Law and Order Code may also

be referred to as the “Code” or “Ponca Tribe of Nebraska Code,”

and may be abbreviated as PTNC.

The matter set forth in the official edition of the Code

of the Ponca Tribe of Nebraska current at any time shall, together

with any then current supplement, if any, establish prima facie

the laws of the Ponca Tribe of Nebraska, general and permanent in

their nature.

Whenever the titles of this Code or any portion

thereof are enacted by resolution or ordinance, the text of such

resolution or ordinance and any accompanying enactment shall be

legal evidence of the laws therein contained.

Section 1-1-3.

Effective Date of Enactments.

When a title of this Code or any portion thereof provides

by its terms that it shall take effect on a specified time and

date, such enactment shall become effective on the date and time

therein specified.

When a title of this Code or any portion thereof provides

by its terms that it shall take effect on a specified day only,

I-1

such enactment shall become effective at midnight on the date

specified in the enactment.

When a title of this Code or any portion thereof does

not provide by its terms for an effective date, it shall be deemed

to take effect immediately.

Section 1-1-4.

Retroactive Effect of Enactments.

No title of this Code or any portion

retroactive unless expressly declared therein.

thereof

When a title of this Code or any portion thereof provides

that it will only apply to conduct, acts, transactions or

occurrences on or after a certain date, including the effective

date, conduct, acts, transactions or occurrences before such date

shall be governed by the version of the Code in effect at the time

of such conduct, act, transaction or occurrence.

Section 1-1-5. Prior Inconsistent Ordinances Repealed. Any and

all ordinances and codifications enacted before November 21, 2015

by the Ponca Tribal Council that are of the same subject matter or

conflict in any way with the provisions of this Code are hereby

repealed and shall not be cited other than for documenting history

or legislative intent; however, this repeal shall not affect the

validity of any actions undertaken under previous laws and

ordinances.

Section 1-1-6. Amendment of Law and Order Code. This Code may be

amended, additions made thereto, or deletions made therefrom, in

the manner provided for the adoption of Tribal Council ordinances.

Amendments and additions to this Code shall become a part thereof

for all purposes and shall be codified and incorporated herein in

a manner consistent with the numbering and/or annexation hereof.

Section 1-1-7. Effective Date. This Code shall become effective

upon passage by the Tribal Council in accordance with the Tribal

Ordinance governing adoption of Ordinances.

Section 1-1-8. Territorial Applicability. The effective area of

this Code shall be the territory of the Tribe, as defined herein.

Section 1-1-9. General Rules of Construction. In construing the

provisions of this Code, unless the context otherwise requires,

the following shall apply:

I-2

This Code shall be liberally construed to effect its

object and purpose and to promote justice;

This Code shall not be construed as waiving or diluting

or limiting the sovereignty, authority, or jurisdiction of the

Tribe; and

Whenever possible, this Code shall

consistent with the common law of the Tribe.

Section 1-1-10.

construed

Words and Phrases.

Words and phrases shall be construed according to their

common and approved meaning and use within the territory of the

Tribe and nearby surrounding communities.

Technical words and phrases and those which have

acquired a peculiar and appropriate meaning in the law shall be

construed according to such peculiar and appropriate meaning.

Section 1-1-11. Tense, Number, and Gender. Unless the context

requires otherwise, in this Code:

Words in the present tense include the future and the

past tense;

Words in the singular number include the plural, and

words in the plural number include the singular;

Words of the masculine gender include masculine and

feminine genders and the neuter;

Words of the feminine gender include the feminine and

masculine genders and the neuter; and

Words of the neuter include the neuter and the masculine

and feminine genders.

Section 1-1-12. Severability. If any provision of this Code or

the application of any provision to any person or circumstance is

held invalid, the remainder of this Code shall not be affected

thereby and to this end the provisions of this Code are declared

to be severable.

Section 1-1-13.

Definitions.

Unless the context requires

otherwise or another definition is provided for a particular title,

article, chapter, or section, in this Code:

I-3

“Adult” means a person who is nineteen (19) years of age

or older or a child who has been emancipated.

“Child” means a person who is under nineteen (19) years

of age and has not been emancipated.

“Code” means the Code of the Ponca Tribe of Nebraska in

its entirety.

“Constitution” means the Constitution of the Ponca Tribe

of Nebraska.

“Includes” and “including” means not limited to and is

not a term of exclusion.

“Indian” or “Indian Person” means any person of Indian

descent who is a member of any federally recognized Tribe.

“Laws of the Tribe” means the Constitution and By-Laws

of the Ponca Tribe of Nebraska; this Code; any ordinances, rules

and regulations of the Tribe, or any of its departments,

commissions, boards, or agencies; any orders or decisions of the

Tribal Council or any other department, commission, board, agency,

court or tribunal of the Tribe; and the common law of the Tribe.

“Majority” and “age of majority” as used in reference to

the age of persons means the age of nineteen (19) years or more.

“Member” means a person

Membership Roll of the Tribe.

whose

name

appears

the

10. “Minor” as used in reference to the age of persons means

a person under the age of nineteen (19) years.

11. “Person” means any individual, sole proprietorship,

partnership, association, company, limited liability company,

corporation, foundation, labor organization, firm, society, joint

stock company, group of organizations or other organized group of

individuals.

12. “Territory of the Tribe” means all territory of the Ponca

Tribe of Nebraska, including, but not limited to, those lands and

communities defined as Indian Country, by 18 U.S.C. Section 1151,

including those lands held in trust by the United States for the

benefit of the Tribe and members of the Tribe, and dependent Indian

communities; all lands within any service area of the Tribe as

I-4

defined by Public Law 101-484 and any amendments thereto and all

lands within the territory to which the Ponca Tribe of Nebraska

and its members retain aboriginal right, title or interest, and

those lands to which right, title or interest is reserved under

the Treaty, March 12, 1858, 12 Stat. 997, and created or reserved

under the Treaty of March 10, 1865, 14 Stat. 675.

13. “Tribal Council” means the Ponca Tribal Council as set

out in Article IV of the Constitution.

14. “Tribal Court” means the Tribal Court of the Ponca Tribe

of Nebraska established by Article VI of the Constitution.

15. “Tribe” means the Ponca Tribe of Nebraska and, unless

the context requires otherwise, its Tribal Council, commissions,

boards, agencies, departments, divisions, instrumentalities,

economic enterprises, Tribal Council members, commissioners, board

members, officials, agents, officers and employees.

Section 1-1-14.

Principles of Common Law.

Except as superseded by the Constitution and By-laws of

the Tribe or this Code, the customs and traditions of the Tribe

are hereby declared to be the common law of the Tribe and shall be

the law applicable within the territory of the Tribe and shall be

the rule of decision in all agencies, departments, commissions,

courts, and tribunals of the Tribe.

The common law of the Tribe expressly does not include

the common law of any other Indian tribe, the common law of

England, the United States or any other foreign jurisdiction nor

any interpretation thereunder of the laws of the Tribe by any

courts or tribunals other than the courts and tribunals of the

Tribe.

Nothing in this subsection shall prevent an agency,

department, commission, or tribunal of the Tribe from utilizing

the laws of another Indian tribe, the United States, or any other

foreign jurisdiction for the purpose of guidance and example when

permitted by the laws of the Tribe and when no applicable specific

Tribal common law is available.

Where possible, the common law of the Tribe shall

supplement this Code and this Code shall be interpreted whenever

possible as supplementing and not displacing the common law of the

Tribe.

Section 1-1-15.

Legal Holidays.

I-5

The following days shall be legal holidays of the Tribe:

Sunday of each week;

January 1, “New Year’s Day;”

Third Monday of January, “Martin Luther King Jr. Day;”

May

Leaders;”

12,

“Chief

Standing

Bear

Day:

Last Monday in May, “Memorial Day;”

July 4, “Independence Day;”

First Monday in September, “Labor Day;”

October

31,

“Northern

Remembering our Elders;”

Ponca

Remembering

Restoration

Day

November 11, “Veterans’ Day;”

Fourth Thursday in November, “Thanksgiving Day;”

Fourth Friday in November, “Native American Day;”

December 24, “Christmas Eve;”

December 25, “Christmas Day;” and

Our

–

Any other day the Tribal Council may, from time to time,

declare to be a legal holiday.

With the exception

subsection 1, paragraph a:

the

holiday

enumerated

When any of the holidays enumerated in subsection 1 falls

on a Sunday, the following Monday shall be observed as a holiday;

and

When any of the holidays enumerated in subsection 1 falls

on a Saturday, the preceding Friday shall be observed as a holiday.

Section 1-1-16.

Closure of Offices.

Except as expressly provided elsewhere by the laws of

the Tribe, offices, departments and agencies of the Tribe shall

I-6

not be open, and no court or tribunal of the Tribe shall be open

on a legal holiday.

The following entities of the Tribe shall not be subject

to this Section:

Any law enforcement offices, agencies, and departments

of the Tribe, including departments and commissions charged with

the regulation of gambling, hunting, or fishing;

The Health Services Department; and

All economic enterprises of the Tribe.

Section 1-1-17.

Computation of Time.

Whenever a time is prescribed in this Code, or otherwise

provided or agreed upon, for the doing of an act or the occurrence

of an event, such time shall be calculated by excluding the first

day and including the last day.

If the last day in the time prescribed, provided or

agreed upon for doing an act is a weekend or legal holiday, it

shall be excluded from calculating the time for doing such act and

the act may be performed on the next business day as though

performed on the appointed day.

CHAPTER 2

ESTABLISHMENT OF COURTS;

JUDGES AND OTHER COURT PERSONNEL

Section 1-2-1.

Definitions.

Unless

otherwise, as used in this Chapter:

the

context

requires

“Chief Judge” means the Chief Judge of the Trial Court.

Appeals.

“Chief Justice” means the Chief Justice of the Court of

“Court of Appeals” means the Court of Appeals of the

Tribal Court established in this Chapter.

“Immediate Family” means mother, father, grandparent,

child, grandchild, brother, sister, spouse, domestic partner, or

individuals residing in the same household, including half, step

and in-law relations.

I-7

“Judge” means a judge of the Trial Court duly appointed

by the Tribal Council and includes a justice of the Court of

Appeals.

“Justice” means a justice of the Court of Appeals of the

Tribal Court duly designated pursuant to this Chapter.

“Trial Court” means the Trial Court of the Tribal Court

established by this Chapter.

Section 1-2-2. Courts Established. There is hereby established

a court of general jurisdiction known as the Tribal Court of the

Ponca Tribe of Nebraska and consisting of a Court of Appeals, a

Trial Court, and such lower or intermediate courts and divisions

as the Tribal Council from time-to-time may establish or deem

necessary.

Section 1-2-3. Court of Appeals. The Court of Appeals shall be

comprised of a Chief Justice and such associate justices as are

required.

The Chief Justice shall be appointed as provided in

this Chapter.

In the absence of the appointment of associate

justices, the associate justices shall be selected from the judges

of the Trial Court, provided that no judge of the Trial Court shall

serve on a panel of the Court of Appeals involving an appeal or

review of that judge’s judgment, order, or decision.

Section 1-2-4.

Justices and Judges.

There shall be appointed one Chief Justice who shall be

called into service when the need arises.

Court.

There shall be appointed one Chief Judge of the Trial

There may be appointed such associate justices

judges as the Tribal Council deems necessary or desired.

and

The appointment, qualification, and compensation to be

received by such judges shall be determined by the Tribal Council,

provided, however, that once appointed a judge shall not have his

compensation decreased during his term of office, and provided

further that no judge shall be suspended or removed from office

prior to the expiration of his term, except as provided

hereinafter.

Justices and judges shall be appointed to six year terms

and may be appointed to successive terms of office.

I-8

Section 1-2-5.

Selection of Justices and Judges.

Justices and judges shall be selected for appointment by

the Tribal Council from nominees received from the Judicial

Nominating Committee.

The Judicial Nominating Committee shall consist of five

members appointed by the Tribal Council, with each district having

at least one representative on the Committee.

The Judicial Nominating Committee shall nominate from

applicants those persons the Committee deems qualified to serve as

justices and judges of the Tribal Court and certify those

nominations to the Tribal Council for consideration.

The Tribal Council shall conduct an open hearing for

each nominated person and then select from the candidates the

justices or judges to be appointed.

Section 1-2-6.

Judges Pro Tempore.

In the absence of the appointment of at least two

associate justices and/or judges, there shall be appointed at least

two judges pro tempore who may be called into service when the

need arises, but there may be appointed as many judges pro tempore

as the Tribal Council deems necessary or desired.

Judges pro

tempore shall serve as judges and justices from time to time as

provided in this Section.

Judges pro tempore shall not serve on the Trial Court or

Court of Appeals or perform any duties related to the Tribal Court

except when designated or requested to do so by the Chief Justice

or the Chief Judge, provided that the Chief Judge may only

designate or request the services of a Judge pro tempore for

matters before the Trial Court or as otherwise provided by the

laws of the Tribe.

Judges pro tempore shall meet the same requirements and

qualifications applicable to other judges and justices of the

Tribal Court.

A judge pro tempore may serve as a judge or justice, as

the case may be, only under the following circumstances:

When necessary to comprise a full Court of Appeals in

those cases where there are insufficient judges to serve as

justices to hear a particular matter;

I-9

When necessary to fill the role of a judge due to recusal

or other unavailability of a particular judge to hear a particular

matter before the Trial Court;

When necessary to fill the role of a judge who is

unavailable for a duration of time due to vacation, illness, or

other similar reason;

For the purpose of performing specific duties as may be

assigned by the Chief Judge or the Chief Justice, as the case may

be; or

When necessary to fill a vacancy in the office of the

Chief Judge pending appointment of a Chief Judge.

When sitting on a Trial Court or Court of Appeals, a

judge pro tempore shall perform the duties and functions of a judge

of the Trial Court or justice of the Court of Appeals, as the case

may be, and shall have all of the prerogatives and authority of

office of a judge or justice, as the case may be.

The term of a judge pro tempore may be for any period of

time not to exceed one year for any one term and a person previously

appointed as judge pro tempore may be reappointed by the Tribal

Council, provided that the powers and duties of a judge pro tempore

shall extend beyond the period of his appointment where necessary

to hear and determine any proceeding required for a final

determination of a cause heard by him in whole or in part during

the period of his appointment.

Judges pro tempore shall be compensated based upon the

actual performance of duties at a rate and manner set by the Tribal

Council. In no event shall a judge pro tempore be compensated for

attending Tribal Court proceedings or serving as judge pro tempore

except when sitting as a judge or justice or otherwise performing

the duties of a judge or justice upon proper request of the Chief

Judge or the Chief Justice.

The Tribal Council may at any time terminate the term of

a judge pro tempore, except that a judge pro tempore shall not be

removed from a case, matter, dispute, or proceeding to which he is

assigned until the termination or resolution of such case, matter,

dispute or proceeding unless the judge pro tempore is removed from

office for cause related to or reflecting upon the office of judge

pro tempore.

I-10

Section 1-2-7.

Removal of Judges.

During tenure in office, a justice or judge may be

removed from office for any one of the following reasons:

Habitual neglect of duties of office;

Oppression in office for personal gain or advantage; or

Conviction in any court of competent jurisdiction of a

felony or crime involving moral turpitude.

Removal shall be by petition, signed by at least twentyfive percent of the number of votes cast in the last tribal

election. The Petition for removal shall be filed with the Tribal

Council.

Any justice or judge subject to removal shall be entitled

to a hearing before the Tribal Council and the right to due process

of the law.

A two-thirds affirmative vote of the full Tribal

Council shall be required to remove the justice or judge from

office.

Section 1-2-8.

Powers and Duties of Judges.

The justices and judges of the Tribal Court shall:

Administer justice and discharge all duties imposed upon

them by the laws of the Tribe;

Bear and decide matters of a judicial nature and enter

judgments and orders disposing of such matters; and

Conform their conduct to the Code of Judicial Conduct as

adopted by the American Bar Association or other rules or code of

judicial conduct adopted by the Tribal Court in accordance with

the laws of the Tribe.

All justices and judges shall have the power to:

Preserve and enforce order in their immediate presence,

and in proceedings before them, when engaged in the performance of

their judicial duties;

Compel obedience to their lawful orders;

I-11

Compel the attendance of persons to testify

proceedings before them as provided by the laws of the Tribe;

Administer oaths to persons in proceedings before them

and in any other case where such shall be necessary in the exercise

of their powers and duties; and

Impose civil contempt by fine or other means as provided

under the laws of the Tribe to assure the effectual exercise of

these powers.

In the absence of the Tribal Court Administrator, a

justice or judge may perform the Tribal Court Administrator’s

duties in addition to his own.

The

Chief

Judge

shall

responsible

for

the

administration of the Trial Court, including assignment of cases

and the management of the Trial Court’s calendar and business.

The Chief Justice shall be responsible for the administration of

the Court of Appeals, including the management of the Court of

Appeals’ calendar and business.

Section 1-2-9. Disqualification of Judges.

shall apply to all judges:

where:

The following rules

A judge shall disqualify himself from hearing any matter

the judge has been engaged as counsel in the matter prior

to appointment as judge;

the judge is otherwise interested in the matter;

either party to the matter is a member of the judge’s

immediate family;

the judge is a material witness in the matter; or

there is cause to believe that on account of bias,

prejudice, or interest of the judge he will not be able to provide

a fair and impartial trial or render a just decision.

Any party to a legal proceedings may request a change of

assignment of judges to hear the proceedings by following the rules

proscribed in Title 2, Rule 33.

I-12

Section 1-2-10. Separation of Powers. There shall be a separation

of power between the Tribal Court and the Tribal Council.

Decisions of the Trial Court may be appealed to the Court of

Appeals, but shall not be subject to review by the Tribal Council.

Section 1-2-11. Oath of Office of Judge. Every judge, prior to

taking office or acting in such office, shall take the following

oath or affirmation:

I, _______________, do solemnly swear (affirm) that I will support,

defend, and uphold the Ponca Tribal Constitution, that I will

support, uphold and enforce the Law and Order Code of the Ponca

Tribe of Nebraska, and that I will faithfully and impartially

discharge the duties of my office to the best of my ability.

Said oath shall be administered by the Chairperson of the Tribal

Council.

Section 1-2-12.

Court.

Tribal Court Administrator.

There shall be a Tribal Court Administrator of the Tribal

The Tribal Court Administrator

following duties and functions:

shall

perform

the

Supervise and keep all records, files, dockets or other

records required to be kept by the laws of the Tribe;

Keep a written or electronic record of all proceedings

of the Tribal Court;

Administer oaths;

Collect and account for all fines, fees or other charges

which cause money to come to the Tribal Court, deposit and account

for all such moneys in the manner prescribed by the Tribal Council,

and disburse such moneys as authorized by the laws of the Tribe;

Assist the Tribal Court in any way required to facilitate

the performance of its duties;

Aid the police or private citizens in their dealings

with the Tribal Court;

I-13

Render assistance to individual members of the Tribe or

their counsel in the drafting of documents incidental to

proceedings in the Court.

advice.

The

Tribal

Section 1-2-13.

Court

Administrator

may

not

give

legal

Law and Justice Committee.

There is hereby established a Law and Justice Committee

as a committee of the Tribal Council and composed of an odd number

of members all appointed by the Tribal Council. The members of

the Law and Justice Committee shall have at least one member of

each of the following areas:

Legal area such as an attorney or lay advocate designated

by the Tribal Court and admitted to practice law before the Tribal

Court; an active judge, other than from the Ponca Tribal Court; or

a retired judge appointed by the Tribal Council; and Tribal Court

staff member;

Senior staff members or designee from the different

branches of the Tribe; and

Members of the Tribe appointed by the Tribal Council.

follows:

The duties of the Law and Justice Committee shall be as

Council;

To act as a liaison between the Tribal Court and Tribal

To oversee the budget of the Tribal Court and make

recommendations to the Tribal Council regarding the same;

To provide oversight of the Tribal Court and make

recommendations to the Tribal Council relating to the operations

and growth of the Court, including additional dispute resolution

methods;

To review complaints of judicial misconduct or

disability under the Code of Judicial Conduct or other applicable

rules or statutes of conduct governing the Judges and Justices of

the Tribal Court, hold public fact-finding hearings when such

complaints are supported by probable cause with the Judge or

Justice given a full opportunity to defend and be heard with legal

counsel and, if such hearing reveals clear, cogent and convincing

I-14

evidence of a violation, to publicly admonish, reprimand or censure

the Judge or Justice or recommend suspension or removal from office

in accordance with the laws of the Tribe;

To make recommendations on amendments to the Rules of

Court to the Tribal Council and establish such rules in the absence

of Tribal Council action as permitted herein;

To approve Rules of Court governing or related to

judicial conduct as provided herein;

To set filing fees for the Tribal Court as permitted

herein;

To provide annual evaluations of the Judges and Justices

of the Tribal Court and provide the same to the Tribal Council and

members of the Tribe;

To make recommendations to the Tribal Council regarding

amendments, modifications, and additions to this Code; and

Such other duties and responsibilities as the Tribal

Council may from time designate.

The Law and Justice Committee shall designate one of its

members to act as the representative of the Committee before the

Tribal Council and to communicate the activities of the Committee

to the Tribal Council quarterly. In the absence of such

designation, the Tribal Court Administrator shall act as the

representative of the Committee before the Tribal Council.

The Law and Justice Committee shall be authorized to act

and conduct business with a majority of its appointed or designated

members, so long as at least three (3) positions on the Committee

have been filled by designation or appointment.

Section 1-2-14.

Locations/Sessions of Court.

The Tribal Court may convene for hearing cases in

Niobrara, Norfolk, Omaha, or Lincoln, Nebraska, and at such other

locations within the territory of the Tribe which may be necessary

to provide for the orderly administration of justice.

Sessions of the Tribal Court for trial of cases in all

courts and divisions, excepting the Court of Appeals, shall be

held by the Chief Judge, or in case of his disability, absence or

unavailability, by an associate judge, provided that an associate

I-15

judge may be called in to hear cases at any time for any reasonable

cause by the Chief Judge.

In the event no associate judge is appointed, a case may

be heard by a Judge pro tempore as provided in this Chapter.

Section 1-2-15.

Rules of the Court Procedures.

The time and place of sessions of the Tribal Court and

all other details of judicial procedure not prescribed by this

Code shall be governed by Rules of Court promulgated as herein

provided.

It shall be the duty of the Law and Justice Committee,

in consultation with the Tribal Court, to make recommendations to

the Tribal Council for enactment or amendment of such Rules of

Court as it believes to be in the interests of improved judicial

procedures.

In the case of failure of the Tribal Council to establish

or approve Rules of Court, the Law and Justice Committee acting

jointly with the Chief Judge, Chief Justice, and any associate

judges shall have authority to establish such rules.

Rules of Court, enacted or amended in the above manner,

will be made a part of this Code, but failure to so codify them

shall not affect their validity.

Section 1-2-16. Rules of Professional Conduct. The Tribal Court

may adopt rules governing the professional conduct of attorneys

and judges of the Tribal Court, including amendments thereto, as

follows:

The Tribal Court, any person admitted to practice before

the Tribal Court, or any member of the Tribe may file a petition

with the Tribal Court Administrator to adopt, amend, or repeal any

rule of professional conduct. The petition shall state the grounds

for the adoption, amendment or repeal of the rule, include a draft

of the proposed new or amended rule, and may be accompanied by

supporting documentation. The form and filing of the petition and

supporting documentation shall substantially conform, insofar as

practicable, to the filing of complaints and other petitions with

the Trial Court.

After the filing of a petition, the Chief Judge shall

review the petition and any supporting documentation and determine

whether to reject it for lack of need, merit, or substance. If

the Chief Judge denies the petition for lack of need, merit, or

I-16

substance, the Tribal Court Administrator shall promptly notify

the petitioner of the decision of the Chief Judge. The petitioner

may appeal such denial to the Court of Appeals.

If the Chief Judge does not deny the petition, the Tribal

Court Administrator shall prepare a request for comment stating

that the Court invites written comment on the merits of the

petition and indicating the place for filing such comments and the

expiration date for filing such comments, which shall be no less

than sixty (60) days from the date of service and publication of

the request.

The Tribal Court Administrator shall serve the

request for comment and a copy of the petition on all persons

admitted to practice before the Tribal Court and shall also publish

the request for comment in the Tribal newsletter or other medium

readily available to members of the Tribe.

Any person admitted to practice before the Tribal Court

and any member of the Tribe may file written comments with the

Court on the petition.

The form and filing of comments shall

substantially conform, insofar as practicable, to the filing of

complaints and other petitions with the Court. The Tribal Court

Administrator shall serve all comments filed on the petitioner

within ten (10) days of the expiration date for filing comments

and the petitioner shall have thirty (30) days from the date of

service to file any reply to the comments.

At any time prior to the expiration of the time allowed

for comment on a petition, the Chief Judge, on his own motion or

at the request of the petitioner or any person admitted to practice

before the Tribal Court or any member of the Tribe, may order that

a public hearing be held on the petition.

The Court shall

determine the method and manner of holding such hearing, which

shall be held before the Chief Judge.

The Chief Judge shall decide to either grant or deny the

petition within thirty (30) days from the expiration of the

petitioner’s time to reply or any public hearing, whichever is

later. The Chief Judge’s decision shall be served upon each person

admitted to practice before the Tribal Court and published in the

same manner as the original petition. If the Chief Judge grants

the petition, the Chief Judge shall designate an effective date

for the rule change. If the Chief Judge denies the petition, the

petitioner may appeal the denial to the Court of Appeals.

Any petition which involves the adoption, repeal, or

amendment of rules governing or related to judicial conduct shall

I-17

also be approved by the Law and Justice Committee prior to being

effective.

Section 1-2-17. Tribal court funds. Any funds received by the

Court, whether in the form of filing fees, costs, or other fees,

shall be deposited into a tribal court account which shall be held

and maintained by the Tribe. Such funds may be used for Tribal

Court development and expenses as directed by the Tribal Council.

The funds shall be disbursed in the manner for disbursing all other

Tribal funds.

CHAPTER 3

CONTEMPTS

Section 1-3-1. Acts or Failure to Act Which Constitute Contempt

of Court. The following acts or failures to act may serve as the

basis for finding an individual or other entity in contempt of

court:

Disorderly, contemptuous, or insulting behavior toward

a justice or judge while holding court, which tends to interrupt

the course of the proceedings or undermine the dignity of the

court.

A breach of the peace, or loud, boisterous conduct which

tends to interrupt the court in a judicial proceeding.

Deceit, or abuse of process or proceedings of the court

by a party or counselor to a judicial proceeding.

Disobedience to a lawful judgment, order or process of

the court.

Assuming to be an officer, spokesman or other official

of the court and acting as such without authority.

Rescuing or taking any person or property from the court

or an officer acting under court order, contrary to the order of

the court.

Unlawfully detaining or otherwise interfering with a

witness or party to an action while such person is going to or

from a court proceeding or attending court.

Disobedience of a subpoena duly served, or refusing to

be sworn or answer as a witness.

I-18

Any other interference with the process, proceeding, or

dignity of the court, or of a justice or judge of the Tribal Court

while in performance of his official duties.

Section 1-3-2. Civil Contempt. The following rules apply to civil

contempt:

A civil contempt is prosecuted to preserve, protect,

enforce or restore the duly adjudicated rights of a party to a

civil action against one under legal obligation to do or refrain

from doing something as a result of a judicial decree or order.

Relief in a civil contempt proceeding may be coercive or

compensatory in nature as to the complaining party and may include

a fine payable to the court or to the complaining party.

Relief for civil contempt shall be in the form of a civil

judgment and may be enforced by the court or the complaining party,

if relief is payable to the complaining party, through wage

garnishment or other means available for the enforcement of civil

judgments.

Section 1-3-3. Contempt Procedures.

contempt procedures:

The following rules apply to

A direct contempt is one committed in the presence of

the court or so near thereto as to be disruptive of the court

proceedings, and such may be adjudged and punished summarily.

All other contempts shall be determined by a hearing at

which the person accused of contempt is given notice and an

opportunity to be heard.

CHAPTER 4

JURISDICTION

Section

1-4-1.

Territorial

Jurisdiction.

The

general

jurisdiction of the Tribal Court shall be the territory of the

Tribe. As to lands ceded to the United States, or to which the

Tribe retains right, title or interest, the Court retains original,

exclusive jurisdiction over members of the Tribe engaged in

hunting, fishing, and gathering for subsistence, ceremonial and

religious purposes.

Section 1-4-2.

Personal Jurisdiction.

I-19

Except for limitations, restrictions, or exceptions

imposed by or under the authority of the Constitution or laws of

the United States or by express provision elsewhere in the laws of

the Tribe, the Trial Court shall have personal jurisdiction over:

Any person residing, located or present within

territory of the Tribe for any civil cause of action;

the

Any person who transacts, conducts or performs any

business or activity within the territory of the Tribe, either in

person or by an agent or representative, for any civil cause of

action arising from such business or activity;

Any person who owns, uses, leases or possesses any

property within the territory of the Tribe for any civil cause of

action arising from such ownership, use, lease or possession;

Any person who commits a tortious act or engages in

tortious conduct within the territory of the Tribe, either in

person or by an agent or representative, for any civil cause of

action arising from such act or conduct;

Any person who commits an act or omission which occurs,

wholly or in substantial part, within the territory of the Tribe,

by his own conduct or the conduct of another for which he is

legally accountable, for any civil cause of action related to such

act or omission;

Any person who commits an act or omission outside the

territory of the Tribe, but has or is intended to have substantial

effect within the territory of the Tribe for any civil cause of

action involving such act or omission or its effects;

Any person who enters into a contract, agreement, or

other consensual relationship with the Tribe or any of its members,

for any civil cause of action arising from such contract,

agreement, or other consensual relationship; and

Any licensee or permitee of the Tribe for any civil cause

of action arising from such person’s activities as a licensee or

permitee of the Tribe.

None of the foregoing bases of jurisdiction is

exclusive, and jurisdiction over a person may be established upon

anyone or more of them as applicable or upon any independent basis

existing at law but not set forth herein.

I-20

The Trial Court shall not have jurisdiction over the

Tribe or any of its agencies, departments or enterprises, including

the officers, agents and employees of the Tribe in their capacity

as such, without the unequivocal and express consent of the Tribe

or an unequivocal and express provision in the laws of the Tribe.

Section 1-4-3.

Subject Matter Jurisdiction.

Except for limitations, restrictions, or exceptions

imposed by or under the authority of the Constitution or laws of

the United States or the Constitution of the Tribe, the Trial Court

shall have original jurisdiction over all civil causes of action

and over all controversies between any persons, except the Trial

Court shall not assume jurisdiction over any matter which does not

involve either the Tribe, its officers, agents, employees,

property or enterprises, or a member of the Tribe, or member of a

federally recognized tribe if some other forum exists for the

handling of the matter and if the matter is not one in which the

rights of the Tribe or its members may be directly or indirectly

affected.

The Trial Court shall also have:

Jurisdiction to issue injunctions, writs and other

orders necessary and proper to the complete exercise of its

jurisdiction;

Jurisdiction to certify questions of Tribal law to any

federal court or questions of Tribal law to any state court which

has a procedure for certifying questions of law;

Jurisdiction to recognize, but not enforce, valid

judgments and orders issued by courts and tribunals of other

jurisdictions where the matters subject of the judgment are not

otherwise within the jurisdiction of the Trial Court and

recognition is proper to assist the Trial Court in a matter

otherwise properly within its jurisdiction; and

Such other jurisdiction as may be provided by the laws

of the Tribe.

The Trial Court shall not have jurisdiction over any

cause of action brought against the Tribe or any of its agencies,

departments or enterprises, including the officers, agents and

employees of the Tribe in their capacity as such, unless such

jurisdiction is unequivocally and expressly granted by the laws of

the Tribe, and the grant of jurisdiction provided in this Title

I-21

shall not be construed to include a waiver of the Tribe’s sovereign

immunity from suit. Any such grant of jurisdiction over any cause

of action brought against the Tribe or any of its agencies,

departments, enterprises, officers, agents or employees shall be

deemed original and exclusive to the Trial Court.

Notwithstanding any other provision of the laws of the

Tribe, the Trial Court shall have jurisdiction over all civil

causes of actions and over all controversies commenced by the Tribe

and nothing in this Section or elsewhere in this Code shall be

construed as limiting the jurisdiction of the Trial Court to hear

and determine matters commenced by the Tribe, provided that nothing

herein shall be construed as granting jurisdiction to the Trial

Court to hear or determine any cross-claim or counterclaim against

the Tribe or to award any monetary relief, including costs and

attorney’s fees, against the Tribe in an action commenced by the

Tribe.

Section 1-4-4. Concurrent Jurisdiction. The jurisdiction invoked

by this Code over any person, cause of action, or subject shall be

concurrent with any valid jurisdiction over the same of the courts

of the United States, any state, or any political subdivision

thereof; provided, however, this Code does not recognize, grant,

or cede jurisdiction to any political or government entity in which

jurisdiction does not otherwise exist in law.

Section 1-4-5. Jurisdiction of Court of Appeals.

Appeals shall have:

The Court of

Appellate jurisdiction in all actions and proceedings

properly before and originating in or permitted by law to be

appealed from the Trial Court;

Jurisdiction to issue injunctions, writs and other

orders necessary and proper to the complete exercise of its

jurisdiction;

Jurisdiction to certify questions of federal law to any

federal court or questions of state law to any state court which

has a procedure for certifying questions of law;

Jurisdiction to issue opinions to a foreign court or

other tribunal upon proper request or certification of a question

of Tribal law from such foreign court or other tribunal; and

Such other jurisdiction as may be provided by the laws

of the Tribe.

I-22

CHAPTER 5

COUNSELORS AND PROFESSIONAL ATTORNEYS

Section 1-5-1.

Definitions.

Unless

otherwise, as used in this Chapter:

the

context

requires

“Attorney” means an individual professionally trained as

an attorney and licensed to practice law in any state, federal, or

Tribal jurisdiction.

“Lay advocate” means an individual admitted to practice

law before the Tribal Court but who is not professionally trained

or licensed as an attorney.

“Legal

advocate.

Section 1-5-2.

counsel”

includes

both

attorney

and

lay

Right to Representation.

Any person appearing as a party in any action before the

Tribal Court shall have the right to be represented by legal

counsel of his own choice at his own expense; provided, however,

that the Tribe has no obligation to provide or pay for such legal

counsel; provided further, that any such legal counsel appearing

before the Tribal Court shall have first obtained admission to

practice before such Courts in accordance with the procedures set

forth herein.

A person who retains the services of a lay advocate in

his defense of a criminal charge against him thereby exercises his

rights to the assistance of counsel. Any person who retains the

services of a lay advocate does so at his own risk regarding the

competence of the advocate.

Section 1-5-3. Unlawful Representation and Practice of Law. No

person shall represent or attempt to represent any person before

the Tribal Court except as permitted by the Tribal Court and this

Chapter. No person shall practice law or attempt to practice law

within the territory of the Tribe unless such person is also

admitted to practice before the Tribal Court in accordance with

this Chapter.

Section 1-5-4.

Eligibility for Admission.

I-23

Any attorney who is an active member in good standing of

and eligible to practice before the bar of any United States court

or the highest court in any state, territory, or insular possession

of the United States is eligible to be admitted to practice before

the Tribal Court as an attorney.

Any person who is not an attorney is eligible to be

admitted to practice before the Tribal Court as a lay advocate.

Lay advocates shall be held to the same standards of knowledge and

ability as are expected of attorneys.

Section 1-5-5.

Procedure for Admission.

Any person desiring to be admitted to practice before

the Tribal Court shall apply for admission by certifying under

oath, either verbally or in writing, the following:

If he is an attorney, that he is an active member in

good standing of eligible to practice before the bar of any United

States court or the highest court in any state, territory, or

insular possession of the United States and he is in good standing

in all courts and jurisdictions where admitted;

That he has never been disbarred, suspended, censured,

or received a reprimand pertaining to his conduct or fitness to

practice before any court or administrative body; and

That if admitted to practice before the Tribal Court, he

consents to the Court’s exercise of disciplinary jurisdiction over

him related to his admission to and practice before the Tribal

Court and will take the required oath as prescribed in the Law and

Order Code for legal counsel and be bound thereby.

A non-refundable application fee shall be tendered upon

submittal of the application unless waived as provided herein.

Upon receipt of an application for admission to practice

before the Tribal Court, the Chief Judge shall review the

application and may investigate the truth of the matters contained

therein. If satisfied that the applicant meets the qualifications

set forth herein, the Chief Judge shall notify such person who may

then appear in person to take the oath prescribed herein or may

subscribe his signature to such oath and forward it to the Chief

Judge.

Upon taking of the oath, either orally or in writing,

the Chief Judge shall cause a certificate to be issued evidencing

I-24

the admission of the legal counsel to practice before the Tribal

Court.

Any person denied admission shall have a right to appeal

and have a due process hearing before the Court of Appeals.

The Tribal Court shall retain the right to establish and

require the taking of a bar examination for admission to practice

before the Tribal Court.

Section 1-5-6.

Fees.

The Law and Justice Committee, subject to input and

recommendations from the Tribal Court, shall determine application

fees for admission of legal counsel as well as annual fees to be

paid by admitted legal counsel.

The Law and Justice Committee, subject to input and

recommendations from the Tribal Court, may waive application fees

and annual fees for lay advocates.

The application fee and any annual fee shall be waived

for attorneys employed by the Tribe and for others upon Tribal

Council resolution.

Application and annual fees may go into a special Bar

Admission Fund to be used for training of Tribal Court staff, lay

advocates and other officers of the Tribal Court or else shall be

deposited into the Tribal Court account in accordance with Section

1-2-17.

Section 1-5-7. Oath of Legal Counsel. Upon admission to practice

as provided herein, legal counsel shall take the following oath,

either verbally before the Court or, if admitted without personally

appearing, by subscribing his signature to such oath:

I do solemnly swear (affirm)that I will support and defend the

Constitution and By-Laws, Law and Order Code and all resolutions

and ordinances of the Ponca Tribe; that I will maintain the respect

due the Courts and Judicial officers of the Ponca Tribe; that I

will not counsel or maintain any suit or proceedings which shall

appear to me to be unjust, nor any defense except such as I believe

to be honestly debatable under the law of the land; that I will

employ for such purposes of maintaining the cause confided to me

such means only as are consistent with truth and honor, and

will never seek to mislead the judge or jury by any artifice or

false statement or fact or law; that I will maintain the

I-25

confidences and preserve inviolate the secrets of my client, and

will accept no compensation in connection with his business except

from him or with his knowledge and approval; that I will abstain

from all offensive personality and advance no fact prejudicial to

the honor or reputation of a party or witness, unless required in

justice by the cause with which I am associated; that I will never

reject, from any consideration personal to myself, the cause of

the defenseless or oppressed or delay any man’s cause for lucre or

malice.

Section 1-5-8. Duties and Standards of Conduct. All legal counsel

shall conform their conduct to the Rules of Professional Conduct

as adopted by the American Bar Association or other rules of

professional conduct adopted by the Court pursuant to the laws of

the Tribe. In addition, all legal counsel shall be duty bound to

give immediate written notice to the Court of any formal discipline

imposed upon him, including dates and terms thereof, by any court,

jurisdiction or administrative tribunal.

Section 1-5-9.

Disbarment and Discipline.

Whenever it is made to appear to the Chief Judge that

any legal counsel admitted to practice before the Tribal Court has

been disbarred or suspended from practice in any jurisdiction where

such legal counsel is admitted to practice, such legal counsel

shall immediately be given notice at his last known address that

he shall be suspended from practice before the Tribal Court for an

indefinite period unless he files a written reply within fourteen

business days and shows good cause why such order should not be

made. Legal counsel may appeal the Chief Judge’s decision to the

Court of Appeals.

Any judge who finds legal counsel admitted to practice

before the Tribal Court to be in contempt of Court may, in addition

to any other sanction imposed, order the legal counsel to appear

within thirty (30) days or the next scheduled court date and show

cause why he should not be suspended from practicing before the

Tribal Court.

The Chief Judge may, upon receiving a written complaint,

signed under oath or affirmation, which indicates that legal

counsel admitted to practice before the Tribal Court has acted in

an unethical or otherwise improper manner while functioning as

legal counsel, order such legal counsel to appear and defend

himself at a hearing, to hear all evidence relevant to the matter,

and may order the suspension of such legal counsel if such appears

I-26

reasonably necessary or appropriate. If the Chief Judge is the

complainant, another Judge shall hear and decide the matter.

All suspensions from practice before the Tribal Court

shall be for an indefinite period unless the Judge specifically

orders otherwise.

Legal counsel suspended for an indefinite

period, or one suspended for a specific period, may petition the

Tribal Court for permission to re-apply for permission to practice

at the end of one year or the specific period of suspension, and

such permission shall be granted if it is made to appear, at a

hearing or otherwise as the Court shall direct, that he has been

adequately reproved and now appears willing to conduct himself in

a proper manner, and that the petitioner has been reinstated to

practice if previously disbarred or suspended in another

jurisdiction.

Section 1-5-10. Non-Admitted Attorneys. An attorney who is not

admitted to practice before the Tribal Court but who is a member

in good standing of and eligible to practice before the bar of any

United States court or the highest court in any state, territory,

or insular possession of the United States, and who has been

retained to appear in a particular case pending in the Tribal

Court, may, in the discretion of the Judge before whom the case is

pending, be permitted upon written application to appear as legal

counsel in such case if legal counsel admitted to practice before

the Tribal Court is associated as attorney of record.

Absent

special circumstances, repeated appearances by any attorney under

this Section is a cause for denial of an application.

CHAPTER 6

SUBPOENAS AND SERVICE OF OTHER PAPERS

Section 1-6-1.

Issuance of Subpoenas.

The Tribal Court

Administrator shall issue subpoenas to compel the attendance of

witnesses or such other persons as a Judge may direct for a trial,

hearing, or other proceedings before the Tribal Court.

Section 1-6-2.

Services of Subpoenas; Return of Service.

Subpoenas in all cases shall be served by law enforcement

officers or other person designated by the Chief Judge.

Except by order of the Court based upon good cause shown,

no subpoena shall be served between the hours of 10:00 p.m. and

7:00 a.m. or on Sundays or legal holidays.

I-27

The person serving a subpoena shall endorse upon the

copy served his name, title, and the place, date, and time of

service.

The person serving a subpoena shall make a return to the

Tribal Court Administrator stating the name of the case, the name

of the person served, the place, date, and time of service and

shall subscribe his name thereto under penalty of perjury for the

intentional making of a false return.

CHAPTER 7

GENERAL PROVISIONS

SOVEREIGN IMMUNITY, LIMITATIONS OF ACTIONS

Section 1-7-1. Adoption by Reference Not a Waiver of Sovereign

Power of the Ponca Tribe. The adoption of any law, code or other

document by reference into this Code shall in no way constitute a

waiver or cession of any sovereign power of the Tribe to the

jurisdiction whose law or code is adopted or in any way diminish

such sovereign power, but shall result in the law or code thus

adopted becoming the law of the Tribe.

Section 1-7-2. Sovereign Immunity.

Except as required by federal law, or the Constitution

of the Tribe, or if specifically waived by a resolution or

ordinance of the Tribal Council specifically referring to such,

the Tribe shall be immune from suit in any civil action, and its

officers and employees immune from suit in any civil action arising

from the performance of their official duties.

The Tribe shall not be liable for damages arising from

the conduct of any of its employees which is not within the scope

of the officer or employee’s official duties.

In no case shall the Tribe’s consent to resolve disputes

by arbitration in a contract for goods or services or other matter

constitute a waiver of the sovereign immunity of the Tribe or its

entities, officers and employees, unless expressly agreed to by

the Tribal Council.

Section 1-7-3. Actions By or Against the Tribe or It’s Officers

or Employees. In any action otherwise authorized by or against

I-28

the Tribe or its officers or employees arising from the performance

of their official duties, the following modifications to the rules

and procedures set forth in this Code shall apply.

The periods of time specified for civil cases or appeals

in which an answer, reply, or other pleading, or response of any

kind shall be required, shall be double the period specified.

Neither the Tribe nor its officers or employees when

involved in a civil action arising from the performance of their

official duties shall be liable for the payment of the costs or

expenses, including attorney’s fees, of the opposing party.

Neither the Tribe nor its officers or employees when

involved in a civil action arising from the performance of their

official duties shall be required to post security by bond or

otherwise for any purpose.

Section 1-7-4.

Limitations in Civil Actions.

Unless otherwise specifically provided in this Code, the

following limitations on the bringing of civil actions shall apply:

Any action against the Tribe or its officers derivative

of lease of tribal land must be commenced within six (6) years of

the date the cause of action occurred.

Any other action against the Tribe or its officers or

employees arising from the performance of their official duties

must be commenced within one (1) year of the date the cause of

action accrued, provided that any cause of action that is based on

fraud or mistake shall not be deemed to have accrued until the

aggrieved party has discovered the facts constituting fraud or

mistake.

Any other action must be commenced within three (3) years

of the date the cause of action accrued, provided, however, that

the cause of action based on fraud or misrepresentation shall not

be deemed to have accrued until the aggrieved party has discovered

the facts constituting the fraud or misrepresentation.

None of the above limitations of action shall

construed as a waiver of the Tribe’s sovereign immunity.

Section 1-7-5.

Recognition of Foreign Court Orders/Judgments.

The Tribe shall recognize and enforce valid foreign court judgments

and orders if:

I-29

The foreign court recognizes and enforces judgements and

orders of the Tribal Court; and

The foreign court judgment is not contrary to the public

policy of the Tribe.

Nothing in this subsection shall prevent the Tribal

Council, by duly executed Tribal Council Resolution, from making

the foregoing provisions not applicable to any transaction,

agreements, or other matter specified in such Tribal Council

Resolution.

CHAPTER 8

WEAPONS ON PONCA TRIBE OF NEBRASKA PROPERTY

Section 1-8-1. Purpose. The purpose of this chapter is to ensure

the safety of tribal members and all others on the lands and

property of the Tribe by categorically excluding the possession of

firearms of any kind on all lands and property and in all buildings

and vehicles of the Tribe.

Section 1-8-2.

Definitions. Unless

otherwise, as used in this Chapter:

the

context

requires

“Authorized Individual” means a person specifically

authorized under this Chapter to carry weapons on the Tribe’s

property.

“Law Enforcement Officer” means a person who is

designated as such by the laws of the Tribe or who otherwise is

elected, appointed, or employed by the Tribe or other government

and vested with the authority to bear arms and make arrests and

whose primary responsibility is the prevention and detection of

crime or the enforcement of penal, criminal, traffic, or highway

laws, including certified supervisory and command personnel whose

duties include the supervision, training, guidance, and management

responsibilities of law enforcement officers, but does not include

support personnel.

“Premises of the Tribe” means lands, grounds or property

of the Tribe and any building, facility or vehicle of the Tribe,

whether owned, leased, or held in trust for the Tribe.

Section 1-8-3.

Prohibition; Exceptions.

I-30

No person shall go armed with, carry, or transport a

firearm, deadly weapon or dangerous instrument of any kind, whether

concealed or not, on the premises of the Tribe.

The Tribe has and reserves the right to inspect any

person entering or found on the premises of the Tribe as well as

any articles and property in any person’s possession to detect

firearms, deadly weapons or dangerous instruments.

The Tribe may and reserves the right to confiscate any

firearm, deadly weapon, or dangerous instrument found on the

premises of the Tribe.

This Section shall not apply to:

Authorized Individuals being armed with, carrying or

transporting firearms, deadly weapons or dangerous instruments

which such Authorized Individuals are authorized to carry on the

premises of the Tribe in the course of their official or normal

duties;

Law Enforcement Officers being armed with, carrying or

transporting firearms, deadly weapons or dangerous instruments

which such Law Enforcement Officers use or are authorized to carry

as part of their duties, on the premises of the Tribe in the course

of their official duties;

A member of the armed forces of the United States or of

the national guard, when the person’s duties or lawful activities

require or permit being armed with, carrying or transporting

firearms, deadly weapons or dangerous instruments on the premises

of the Tribe; or

Any person of at least the age of majority who has in

his immediate possession a valid and lawfully issued license or

permit to carry a firearm which has been issued under the laws of

a state of the United States, provided such person shall carry the

handgun in compliance with the laws of the Tribe.

This Section shall not apply to lands or property owned

by the Tribe and used for the purpose of a private residence when

the person armed with, carrying or transporting the firearm, deadly

weapon or dangerous instrument is the authorized resident of the

land or property and no other law or policy of the Tribe prohibits

the person from being armed with, possessing, carrying or

transporting the firearm, deadly weapon or dangerous instrument on

such land or property.

I-31

This Section shall not apply to the use of firearms or

other weapons while hunting on the Tribe’s lands in accordance

with the laws of the Tribe.

A person who violates this Section may:

Immediately be forced to leave the premises of the Tribe

and unless and until such person returns without any firearm,

deadly weapon or dangerous instrument;

Lose services from the Tribe for a time period set by

the Tribal Council;

Be excluded or banned from the premises of the Tribe for

a time period set by the Tribal Council; or

May be referred to appropriate law enforcement agencies

for possible criminal charges, including trespassing.

Section 1-8-4.

Authorization to Carry Weapons.

The Tribal Council may authorize individuals to carry

firearms, deadly weapons or dangerous instruments on the premises

of the Tribe to an individual who:

Needs to carry a firearm, deadly weapon or dangerous

instrument on the premises of the Tribe as part of the individual’s

duties as an employee, officer or agent of the Tribe, such as fish

and game wardens, security personnel, Tribal Court officers, and

individuals specifically authorized to possess weapons on tribal

property for ceremonial purposes;

Submits to a comprehensive background investigation

designated by the Tribal Council, including but not limited to

criminal and mental health evaluations;

Has not been convicted or pleaded guilty or no contest

in any court of a crime punishable by imprisonment for a term

exceeding one year;

Is not a fugitive from justice;

Is not an unlawful user of or addicted to any controlled

substance;

Has not been adjudicated

committed to a mental institution;

I-32

mentally

ill

been

Has not been discharged from the armed forces of the

United States or the national guard under dishonorable conditions;

Is not subject to a court order issued after a hearing

of which such individual received actual notice and had an

opportunity to participate that restrains the individual from

harassing, stalking, or threatening an intimate partner or child

or prohibits the use, attempted use, or threatened use of physical

force against such intimate partner or child;

Has not been convicted in any court of a misdemeanor

crime of domestic violence; and

Otherwise meets any standards or conditions required by

the Tribal Council.

The Tribal Council may revoke an Authorized Individual’s

authorization to carry firearms, deadly weapons or dangerous

instruments on the premises of the Tribe at any time if the

individual no longer meets the requirements set forth in this

Section. The decision to revoke such authorization shall be final

and not subject to appeal or challenge in any court or tribunal.

The Emergency Management Office of the Tribe or other

staff designated by Tribal Council shall maintain a list of all

currently Authorized Individuals which shall be available for

review at all times by the Tribal Council, the Tribal Court, Tribal

administration officials, directors of Tribal departments, and law

enforcement officers of the Tribe.

Section 1-8-5.

Savings.

Nothing in this Chapter shall be construed as establishing or

creating any right or entitlement to be armed with, carry, or

transport a firearm, deadly weapon or dangerous instrument of any

kind, concealed or not, on the premises of the Tribe.

Any

authorization to be armed with, carry, or transport a firearm,

deadly weapon or dangerous instrument on the premises of the Tribe

shall be deemed a privilege subject to revocation or cancellation

at any time.

Approved 11/21/15

Resolution 15-75

Revised 9/29/18

I-33

Resolution 18-68

Revised 11/5/18

Resolution 18-79

I-34

TITLE II

RULES OF PROCEDURE IN CIVIL ACTIONS

CHAPTER 1

GENERAL PROVISIONS

Rule 1. Scope of Rules; Definitions.

(a) Scope. Except when different rules prescribed in this

Code specifically apply, these rules shall govern the procedure in

all civil actions and proceedings in the Trial Court of the Ponca

Tribe of Nebraska.

(b) Definitions. Unless the context requires otherwise or

another definition is provided in these rules, terms used in these

rules and defined in Section 1-1-11 of the Code have the meanings

set forth in said section of the Code.

Rule 2. One Form of Action. Except for juvenile proceedings, there

shall be one form of action known as the “civil action.”

Rule 3. Construction. These rules shall be liberally construed

and administered to secure the just, speedy, and inexpensive

determination of every action and proceeding.

Rule 4.

Collateral References.

(a) Except as may be inconsistent with other provisions of

this Code or these rules or otherwise inapplicable because they

refer to special federal procedures having no counterpart in the

Tribal Court, any procedures or matters not specifically set forth

herein shall be handled in accordance with, in the case of the

trial court, the Federal Rules of Civil Procedure and, in the case

of the court of appeals, the Federal Rules of Appellate Procedure,

and with general principles of fairness and justice as prescribed

and interpreted by the Court.

(b) When handling matters in accordance with the Federal

Rules of Civil Procedure or Federal Rules of Appellate Procedure,

terms particular to the United States and its federal courts shall

be read as referring to their counterparts under the laws of the

Tribe, including, but not limited to the following:

(1)

Tribe;

(2)

8137322v1

“Attorney General” shall refer to the Attorney for the

“Clerk” shall refer to the Tribal Court Administrator;

II-1

(3)

“Court” shall refer to the trial court or court of

appeals, as appropriate;

(4) “Judicial District” shall refer to the territory of the

Tribe; and

(5)

“United States” shall refer to the Tribe.

Rule 5. Authority of Tribal Court Administrator. The Tribal Court

Administrator may delegate any of the Tribal Court Administrator’s

functions or duties under these rules to the Tribal Court Clerk or

other subordinate staff member of the Tribal Court.

Rule 6. Unsworn Declarations under Penalty of Perjury. Wherever,

under any of these rules, any matter is required or permitted to

be supported, evidenced, established, or proved by the sworn

written declaration, verification, certificate, statement, oath,

or affidavit of the person making the same (other than a

deposition, or an oath of office, or an oath required to be taken

before a specified official other than a notary public), such

matter may, with like force and effect, be supported, evidenced,

established, or proved by the unsworn written declaration,

certificate, verification, or statement, subscribed by such person

as true under penalty of perjury, and dated, in substantially the

following form:

I declare (or certify, verify or state) under penalty of perjury

that the foregoing is true and correct. Executed on (date).

Rule 7. Citation. These Rules shall be known as the Ponca Tribe

of Nebraska Rules of Civil Procedure and may be abbreviated

“P.T.N.R.C.P.”

CHAPTER 2

COMMENCEMENT OF ACTION AND SERVICE OF PROCESS

Rule 8. Commencement of Action. A civil action is commenced by

filing a written complaint with the Tribal Court Administrator and

the payment of all required fees.

The Court shall have

jurisdiction from the time when both the complaint is filed and it

is properly served upon the defendant or respondent.

Rule 9.

(a)

8137322v1

Summons.

Contents. A summons must:

II-2

(1)

Name the court and the parties;

(2)

Be directed to the defendant or respondent;

(3) State the name and address of the plaintiff’s or

petitioner’s legal counsel or, if unrepresented, the plaintiff

or petitioner;

(4) State the time within which the defendant or

respondent must respond to the complaint; and

(5) Notify the defendant or respondent that a failure to

respond to the complaint or to otherwise appear and defend will

result in a default judgment against the defendant or respondent

for the relief demanded in the complaint.

(b) Issuance. The summons may be signed and issued by the

Tribal Court Administrator with the seal of the court or it may

be signed and issued by the legal counsel for the plaintiff or

petitioner. A summons or a copy of a summons addressed to

multiple defendants or respondents must be issued for each

defendant or respondent to be served. Separate additional or

amended summons may issue against any defendant or respondent at

any time. All other process shall be issued by the Tribal Court

Administrator, except as otherwise provided in these rules.

Rule 10.

Service of Summons and Complaint.

(a) In General. Service of process shall consist of

delivering to the party to be served a copy of the complaint along

with the summons.

(b) By Whom Served. Any person who is at least the age of

majority and not a party may serve a summons and complaint. At

the plaintiff’s or petitioner’s request, the court may order that

service be made by a Tribal law enforcement officer or by a person

specially appointed by the court. The court must so order if the

plaintiff or petitioner has been authorized to proceed as an

indigent.

(c)

Personal Service. Personal services shall be as follows:

(1) Upon a natural person whose is the age of majority or

older, by:

8137322v1

II-3

(i)

himself;

delivering a copy of the required papers to the person

(ii) leaving a copy of the required papers with a person of

suitable discretion over the age of majority at the person’s house,

principal place of business, or usual workplace; or

(iii)

by delivering a copy to a person authorized by

appointment or by law to receive service of process.

(2) Upon a natural person who is a minor, by delivering a

copy of the required papers to:

(i)

the person’s parent or guardian;

(ii) any person in whose care or control the person may be;

(iii)

any person with whom the person resides.

(3) Upon a person for whom a guardian or conservator has

been appointed, by delivering a copy of the required papers to

such guardian or conservator.

(4) Upon any form of corporation, partnership, association,

cooperative, limited liability company, limited partnership

association, trust, organization, or other form of entity that is

recognized under the laws of the Tribe or of any other

jurisdiction, by delivering a copy of the required papers to:

(i) the registered agent for service as set forth in the

records of the Secretary of the Tribal Council or of any other

jurisdiction or that agent’s secretary or assistant;

(ii) An

officer,

director,

manager,

partner,

agent,

shareholder, member, person having an ownership or similar

interest in the entity, principal employee, or functional

equivalent of any of the foregoing, or their secretary or

assistant; or

(iii)

or assistant.

A trustee of a trust, or that trustee’s secretary

(5) Upon the Tribe or any of its departments, agencies,

boards, commissions, subdivisions or economic enterprises not

subject to suit in their own name under the laws of the Tribe, by

delivering a copy of the required papers to the Tribal Council

8137322v1

II-4

Secretary and mailing a copy of the required papers to the Attorney

for the Tribe;

(6) Upon an officer, agent, or employee of the Tribe acting

in an official capacity, by delivering a copy of the required

papers to the officer, agent, or employee and mailing a copy of

the required papers to the Attorney for the Tribe.

(7) Upon

department,

agency,

board,

commission,

subdivision or economic enterprise of the Tribe that is subject to

suit in its own name, by delivering a copy of the required papers

to the director, principal officer or other executive employee

thereof, and mailing a copy to the legal counsel for the

department, agency, board, commission or subdivision or, in the

absence thereof, the Attorney for the Tribe.

(d) If a person personally refuses to accept service,

service shall be deemed performed if the person is informed of the

purpose of the service and offered copies of the papers served.

(e) Registered Mail. Any person or party who cannot be

located within the territory of the Tribe but whose whereabouts

outside the territory of the Tribe is known may be served by

depositing a copy of the required papers in the United States Mail,

addressed to the person or party to be served, by registered or

certified mail with request for a return receipt which shall be

filed with the return of service. Service shall be complete on

the date of delivery to the person.

(f) Personal Service Outside Territory of Tribe. Service

upon a person or party may be made anywhere in the United States

and shall be made on the person or party in the same manner as

service is made within the territory of the Tribe by any person

who is authorized to serve process pursuant to the laws of the

jurisdiction wherein such person is found.

(g) Substituted Service. If a party attempting personal

service is unable to accomplish service, the party may file a

motion, supported by an affidavit of the person attempting service,

requesting an order for substituted service.

The motion shall

state the efforts made to obtain personal service, the reason

personal service could not be obtained, and the proposed method of

substituted service, including the identity of any alternative

person to whom the party wishes to deliver the required papers.

If the court is satisfied that due diligence has been used to

attempt personal service, that further attempts to obtain personal

service would be to no avail, and any alternative person proposed

for delivery of the required papers is appropriate under the

8137322v1

II-5

circumstances, the court may order substituted service if the

proposed method of substituted service is reasonably calculated to

give actual notice to the person or party upon whom service is to

be effective.

(h) Service by Publication. Service by publication may be

made only upon order of the Court. A party may file a motion,

supported by an affidavit of the person attempting service,

requesting an order of service by publication. The motion shall

state the facts authorizing such service, the efforts, if any,

made to obtain personal service, and the address, or last known

address, of each person to be served or that the address and last

known address are unknown.

If the court is satisfied that due

diligence has been used to obtain personal service or that efforts

to obtain the same would have been to no avail, it may order

service by publication. Service by publication may be accomplished

by publishing the contents of the summons in a local newspaper of

general circulation and by public electronic means, such as the

Tribe’s website, at least once per week for four (4) consecutive

weeks and by leaving an extra copy of the required papers with the

Tribal Court Administrator for the party.

Service shall be

complete on the day of the last publication.

(i) Proof of Service. Proof of service shall be filed with

the Tribal Court Administrator and made as follows:

(1) If served personally, by a statement duly acknowledged

under oath or affirmation by the person completing the service

providing the date, place, and manner of service;

(2) If served by mail, by a statement under oath or

affirmation providing the date of the mailing and the address where

mailed with the return receipt attached, where required;

(3) If served by publication, by a statement under oath or

affirmation providing the dates, newspapers and electronic means

of publication with a copy of the last notice published in

newspaper showing the date of publication attached;

(4) If served by waiver of service, by the written waiver of

service executed by the person served or by their legal counsel;

(5) If served by substituted service, by a statement under

oath or affirmation providing the date, place, and manner of

service, including any address(es) where service was mailed or

provided.

8137322v1

II-6

(j) Time Limit for Service. If service of the summons and

complaint is not made upon a party to be served within 120 days

after the filing of the complaint, the Court, upon motion or on

its own initiative after notice to the plaintiff or petitioner,

shall dismiss the action without prejudice as to that party or

direct that service be effected within a specified time; provided

that if the plaintiff or petitioner shows good cause for the

failure, the court shall extend the time for service for an

appropriate period.

Rule 11. Service of Other Papers.

(a) When Required. Unless these rules provide otherwise,

each of the following papers must be served on every party:

(1)

Every order stating that service is required;

(2)

Every pleading filed after the original complaint;

(3) Every paper relating to discovery required to be served

upon a party, unless the court otherwise orders;

(4) Every written motion, except one that may be heard ex

parte; and

(5) Every written notice, appearance, demand, offer

judgment, designation of record on appeal, and similar paper.

(b) If a Party Fails to Appear. No service is required on a

party who is in default for failing to appear, except that

pleadings asserting new or additional claims for relief against

them shall be served upon them in the manner provided for service

of summons in Rule 10.

counsel, service under this rule must be made on the legal counsel

unless the court orders service on the party.

(d)

A paper is served under this rule by:

(1)

Handing it to the person;

(2) Leaving it at the person’s office with a clerk or other

person in charge or, if no one is in charge, in a conspicuous place

in the office; or

(3) If the person has no office or the office is closed,

leaving it at the person’s dwelling or usual place of abode with

8137322v1

II-7

a person of suitable discretion over the age of majority who

resides there;

(4) Mailing it to the person’s last known address, in which

case service is complete upon mailing;

(5) Leaving it with the Tribal Court Administrator if the

person has no known address;

(6) Sending it by electronic means, including facsimile and

electronic mail, if the person does not object thereto, in which

case service is complete upon transmission, but is not effective

if the serving party learns that it did not reach the person to be

served; or

(7) Delivering it by any other means that the person does

not object to, in which event service is complete when the person

receives the papers.

Rule 12.

Filing.

(a) Required Filings. Any paper after the complaint that is

required to be served must be filed with a certificate of service

within a reasonable time after service.

(b) Papers Not to Be Filed. The following papers shall not

be filed separately and may be filed as attachments or exhibits to

other documents only when relevant to the determination of an issue

before the Court:

(1) Any document used solely for issuance of a subpoena or

subpoena duces tecum, a subpoena or subpoena duces tecum, and any

affidavit of service of a subpoena;

(2) Notices of deposition; depositions, interrogatories and

answers; requests for production, inspection or admission, and

responses; requests for physical and mental examination; and

notices of service of any discovery or discovery response;

(3) Any proposed pleading, except such pleading may be filed

after ruling by the Court if necessary to preserve the record on

appeal;

(4) Any paper which previously has been filed in the case.

If a party desires to call the Court’s attention to anything

contained in a previously filed paper, the party shall do so by

incorporation by reference;

8137322v1

II-8

(5) Copies of authorities cited in memoranda,

necessary to preserve the record on appeal; and

(6)

unless

Offers of judgment.

papers with the court shall be made by filing them with the Tribal

Court Administrator, including by electronic means, except that

the judge may permit the papers to be filed with the judge and in

that event the judge shall note thereon the filing date and

forthwith transmit them to the office of the Tribal Court

Administrator.

Rule 13.

Constitutional Challenge to Law.

(a) Notice to Tribe. If the parties do not include the Tribe,

a party that files a pleading, written motion, or other paper

drawing into question the constitutionality of a code, ordinance,

rule, regulation or other law of the Tribe must promptly:

(1) File a notice of constitutional question stating the

question and identifying the paper that raises it; and

(2) Serve the notice and paper on the Attorney for the Tribe

either by certified or registered mail or by sending it to an

electronic address designated by the Attorney for the Tribe for

this purpose.

(b) Intervention of Tribe. Unless the court sets a later

time, the Attorney for the Tribe may intervene within sixty (60)

days after the notice is filed.

Before the time to intervene

expires, the court may reject the constitutional challenge, but

may not enter a final judgment holding the law unconstitutional.

Rule 14.

Time.

(a) Computation. In computing any period of time set forth

herein, the day that the period is to commence from shall not be

counted and the last day of the period shall be counted; provided

however, that any time period under seven (7) days will not include

intermediate Saturdays, Sundays, or legal holidays in the period

and any period which would otherwise end on a Saturday, Sunday or

legal holiday will be deemed to end on the next day which is not

a Saturday, Sunday or legal holiday.

Unless the court orders

8137322v1

II-9

otherwise, if the Tribal Court Administrator’s office is

inaccessible on the last day for filing, then the time for filing

is extended to the first accessible day that is not a Saturday,

Sunday, or legal holiday.

(b) Enlargement. The Court, for good cause shown, may

enlarge the prescribed period of time within which any required

act may be done.

thereon, other than one which may be heard ex parte, shall be

served not later than five (5) days prior to the time specified

for a hearing.

(d) Service by Mail. Whenever service is accomplished by

mail, three (3) days shall be added to the prescribed period of

time, but such additional time shall not cause Saturdays, Sundays

or legal holidays to be counted in the time period if they would

not otherwise have been counted.

Rule 15.

Proceeding in Forma Pauperis.

(a) Motion to Proceed in Forma Pauperis. The Court may

authorize the commencement, prosecution or defense of any suit,

action or proceeding without prepayment of fees or security

therefor, by a person who submits a motion to proceed in forma

pauperis and an affidavit that:

(1) shows in explicit detail, the party’s inability to pay

or to give security for fees and costs;

(2)

claims an entitlement to redress; and

(3)

states the nature of the action or defense.

(b) Action on Motion. If the Court grants the motion, the

party may proceed without prepaying or giving security for fees

and costs, unless a statute provides otherwise. If the Court denies

the motion, it must state its reasons in writing.

issue and serve all process and perform all duties in cases where

an individual is proceeding in forma pauperis. Witnesses shall

attend as in other cases, and the same remedies shall be available

as are provided for by the laws of the Tribe in other cases.

8137322v1

II-10

(d) Dismissal of Proceedings. Notwithstanding any filing

fee, or any portion thereof, that may have been paid, the court

shall dismiss an action in forma pauperis at any time if the court

determines that:

(1)

the allegation of poverty is untrue; or

(2)

the action:

(i)

is frivolous or malicious;

(ii) fails to state a claim on which relief may be granted;

(iii)

seeks monetary relief against a defendant who is

immune from such relief.

(e) Award of Costs. Judgment may be rendered for costs at

the conclusion of the action as in other proceedings, but the Tribe

shall not be liable for any of the costs thus incurred. Such costs

shall be taxed in favor of the Court as the fees excused under

this Rule. If the Tribe or the Court has paid any costs for the

prevailing party, the same shall be taxed in favor of the Tribe or

the Court, as appropriate.

(f) In no event shall a person bring a civil action or appeal

a judgment in a civil action or proceeding under this Rule if the

person has, on three (3) or more prior occasions, brought an action

or appeal in a court of the Tribe that was dismissed on the grounds

that it was frivolous, malicious, or failed to state a claim upon

which relief may be granted, unless the person is under imminent

danger of serious physical injury.

Rule 16.

REPEALED – RESOLUTION 16-36

CHAPTER 3

PLEADINGS AND MOTIONS

Rule 17.

Pleadings Allowed.

(a)

Only these pleadings are allowed:

(1)

A complaint or petition;

(2)

An answer to a complaint or response to a petition;

8137322v1

II-11

(3) An

counterclaim;

answer

counterclaim

designated

(4)

An answer to a crossclaim;

(5)

A third-party complaint;

(6)

An answer to a third-party complaint; and

(7) If

response.

the

court

orders

one,

answer

(b) The Court may grant additional leave to file pleadings

in the interest of narrowing and defining issues or as justice may

require.

Rule 18.

Motions and Orders.

(a) A request for a court order must be made by motion.

motion must:

(1)

The

Be in writing, unless made during a hearing or trial;

(2) State with particularity the grounds for seeking the

order; and

(3) State the relief sought.

(b) The rules governing captions and other matters of form

in pleadings apply to motions and other papers.

been commenced as provided in Rule 8.

(d) A motion or hearing on an order shall be automatically

continued if the

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.