TITLE 2
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TITLE 2
APPELLATE PROCEDURE
CONTENTS
TABLE OF CONTENTS
Section
1
2
3
Name
Scope and Applicability of Rules
Suspension and Revision of Rules
Discretionary Authority
CHAPTER ONE
APPEALS FROM JUDGMENTS AND ORDERS OF THE TRIBAL COURT
10 1
102
103
104
105
106
107
108
109
110
111
Appeal as of Right - How Taken
Appeal as of Right - When Taken
Interlocutory Appeals in Civil Actions
Interlocutory Appeals in Criminal Actions
Appeals by the Tribe in Criminal Actions
Bonds for Costs on Appeal in Civil Cases
Stay or Injunction Pending Appeal
Release in Criminal Cases
The Record on Appeal
Transmission of Record
Docketing the Appeal ; Filing the Record
CHAPTER TWO
EXTRAORDINARY WRITS
201
202
203
204
Mandamus or Prohibition Directed to a Judge or Judges
Denial or Order Directing Answe r
Other Extraordinary Writs
Form of Papers , Number of Copies
CHAPTER THREE
HABEAS CORPUS ; PROCEEDINGS IN FORMA PAUPERIS
SUBCHAPTER A
HABEAS CORPUS
301
302
303
3 04
305
Habeas Corpus Proceedings
Transfer of Custody Pending Review
Detention or Release Pending Review of Decision
Failing to Release
Detention or Release Pending Review of Decision
Ordering Release
Modification o f Initial Order Respecting Custody
T 2 - TABLE OF CONTENTS - 1
TITLE 2
APPELLATE PROCEDURE
CONTENTS
TABLE OF CONTENTS
Name
Section
SUBCHAPTER B
PROCEEDINGS IN FORMA PAUPERIS
311
312
313
Leave from Tribal District Court to Proceed to Supreme
Court
Special Rule for Parties Previously Granted Permission
to Proceed in Forma Pauperis
Remedy for Denial of Motion by Tribal District Court
CHAPTER FOUR
GENERAL PROVISIONS
401
402
403
404
405
406
407
Filing and Service
Service of All Papers Required
Manner of Service
Proof of Service
Computation of Time
Enlargement of Time
Additional Time After Service by Mail
SUBCHAPTER A
MOTIONS AND BRIEFS
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
Content , Response , and Reply to Motions
Determina tion of Motions for Procedural Orders
Power of a Single Judge to Entertain Motions
Form of Papers; Number of Copies
Brief of Appellant
Brief of Appellee
Reply Brief
References in Briefs to Parties
References in Briefs to the Record and Statutes
Length of Briefs
Briefs in Cases Involving Cross Appeals
Briefs in Cases Involving Multiple Appellants or
Appel lees
Citation of Supplemental Authorities
Brief of an Amicus Curiae
Appendix to the Briefs
Time f or Filing and Service of Briefs
Number of Copies to be Filed and Served
Consequence of Failure to File Briefs
Form of Briefs , the Appendix and Other Papers
Form of Other Papers
T 2 - TABLE OF CONTENTS - 2
APPELLATE PROCEDURE
TITLE 2
CONTENTS
TABLE OF CONTENTS
Section
Name
SUBCHAPTER B
ARGUMENT
441
442
443
444
445
446
447
448
449
450
451
Prehearing Conference
Oral Argument in General
Notice of Argument ; Postponement
Order and Content of Argument
Cross and Separate Appeals
Non - Appearance of Parties
Submission on the Briefs
Use of Physical Exhibits at Argument ; Removal
When Hearing or Rehearing in Banc Will Be · Ordered
Suggestion of a Party for Hearing or Rehearing in Banc
Time for Suggestion of a Party for Hearing or
Rehearing in Banc :
Suggestion Does Not Stay Mandate
SUBCHAPTER C
JUDGMENT
461
4 62
463
4 64
465
466
4 67
468
469
4-7 0
471
472
473
Entry of Judgment
Interest on Judgments
Damages for Delay
To Whom Costs Allowed
Costs for or Against the Tribe
Costs of Briefs , Appendices , and Copies of Records
Bill of Costs ; Objections ; Costs Inserted in Mandate
or Added Later
Costs on Appeal Taxable in the Tribal District Court
Petition for Rehearing
Issuance of Mandate
Voluntary Dismissal
Substitution of Parties
Cases Involving Constitutional or Indian Civil Rights
Act ; Questions Where the Tribe is Not a Party
APPENDIX
Attorney and Lay Advocate Rules
EXHIBITS
Oath of Admission to Practice Law
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3
APPELLATE PROCEDURE
TITLE 2
Section 1 .
§ 1
Scope and Applicability of Rules
(a) Scope .
This Title governs the procedure in appeals to
the Supreme Court from the Tribal District Court ,
and in
applications for wr its or other relief which the Supreme Court
or a Justice thereof is competent to give .
When this Title
provides for the making of a motion or application , it shall be
in accordance with the practice of that Cou rt.
(b) "Tribal Court" Defined.
Unless o t herw ise specifically
stated or re qui red by the context , the term " Tribal Court " as
used in this Title shall be deemed to refer to both the Tribal
District Court, and any division , Judge , or Magistrate thereof .
(c) Jurisdiction Not Affected.
This Title shall not be
construed to extend or limit the jurisdiction of the Supreme
Court as may be established by other Tribal la ws , and all
provisions of this Title shall be subject to the Constitution of
the Tribe .
[History :
Section 2.
PUBLIC LAW#
Suspension and Revision of Rules
(a)
In
the
interest
of
expediting
decision (s) ,
the
furtherance of the administration of justice , or for good cause
shown , the Supreme Court may , except as provided in Section 406 ,
suspend the requirements of provisions of any Section of this
Title in a particular case on application of a part y or on its
own motion, and may order proceedings in accordance with its
dir ecti on .
(b)
In
the
interest
of
expediting
decision(s) ,
the
furtherance of the administration of justice , and the efficient
functioning of the Court , the Supreme Court is authorized to
amend any provision of this Title by Court Rule duly adopted and
filed in the Supreme Court Clerk ' s Office and the Tribal
Secretary ' s Office .
Any Rule of the Court which would have the
effect of amending this Title shall so state in its title , and
shall not be effective until sixty ( 60) days , within which time
the Tribal Legislative Body may veto said rule .
If not vetoed ,
such Rules shall be placed in the Court 's law librar y and shall
take effect of the sixty - first (61 st ) day after filing or on such
lat er date as may be provided by the Court .
[History :
PUBLIC LAW#
T 2 - CHO - 1
APPELLATE PROCEDURE
TITLE 2
Section 3.
§ 1
Discretionary Authority
Where
no
procedure
is
provided in
this
Title ,
other
statutes of the Tribe , or the Supreme Court rules , the Supreme
Court may pr o ceed to exercise its functions
in any lawful
manner .
[History :
PUBLIC LAW#
T 2 - CHO - 2
TITLE 2
APPELLATE PROCEDURE
§
CHAPTER ONE
APPEALS FROM JUDGMENTS AND ORDERS OF THE TRIBAL COURT
Section 101 .
Appeals As Of Right - How Taken
(a) Filing The Notice of Appeal.
An appeal permitted by
the laws of the Tribe as of right from the Tribal District Court
to the Supreme Court of the Tribe shall be taken by f i ling a
notice of appeal with the Clerk of the Tribal District Court
with in the time allowed by Section 102 , or by the statute
applicable in the specific case .
Failure of an appellant to
take any step other than the timely filing of a notice of appeal
does not affect the validity of the appeal , but is grounds for
such action as the Supreme Court deems appropriate , which may
include dismissal of the appeal .
(b) Joint or Consolidate Appeals.
If two or more persons
are entitled to appeal from a judgment or order of Tribal
District Court , and their interests are s uch as to make joinder
practicable , they may file a joint notice of appeal , or may join
in appeal after filing separate timely notices of appeal , and
they may thereafter proceed on appeal as a sing l e appellant .
Appeals may be consolidated by order of the Supreme Cou r t upon
its own motion o r upon motion of a party , or by st i pulation of
the parties to several appeals .
(c) Content of the Notice of Appeal.
The notice of appeal
shall specify the parties to the appeal; shall designate the
order , commitment , or judgment appealed from , the docket , civil ,
criminal , juvenile , or small claims or the Tribal District Court
from which the appeal is taken , and a short statement of the
reason or grounds for the appeal .
An appeal s hall not be
dismissed for informality of form or title of the notice of
appeal .
(d) Service of the Notice of Appeal.
The Clerk of the
Tribal District Court shall serve notice of the filing of an
appeal by mailing a copy of the notice of appeal , which copy
shall be provided by appealing party , to counsel of record of
each party other than appellant , and to the party at his last
known address ; and shall forthwith certify and deliver to the
Cl erk of the Supreme Court , for filing in the Supreme Court , a
cert ified copy o f the notice of appeal .
The Clerk of the
Supreme Court shall enter such filing upon the docket of the
Supreme Court.
When an appeal is taken by a de f endant in a
T 2 - CH 1 - 1
APPELLATE PROCEDURE
TITLE 2
§
criminal case , the Clerk of the Tribal Distr i ct Court shall also
serve a copy of the notice of appeal upon the appellant , either
by personal service or by mail addressed to him .
The Clerk of
the Tribal District Court shall note on each copy served the
date on which the notice of appeal was filed .
Failure of the
Clerk to serve notice shall not affect th e validity of the
appeal .
Service shall be sufficient notwith standi ng the death
of a party or his counsel .
The Cle r k shall note in the docket
the names of the parties to whom he mails copies , with the date
o f the mailing .
(e ) Payment of Fees.
Upon the filing of any separate or
joint notice of appeal from the Tribal Distric t Court , the
appellant shall pay to the Clerk of the Tribal District Court ,
for deposit in the Court Fund , the filing fee which shall be in
such amount as may be determined by rule of the Supreme Court ,
except that payment of a filing fee shall not be required for an
appeal by the Tribe , its o fficers , or agents when acting in
their official capacity .
If a private party joins in an appeal
by the Tribe , tribal officers , or tribal agents , the private
party shall pay the required filing fee .
The Supreme Court , or
a Justice thereof , may waive payment of the filing fee i n
criminal cases when the defendant , by affidavit or otherwise ,
establishes that he is without sufficient funds or resources
with which to pay the required fees .
[History :
Section 102 .
(a )
PUBLIC LAW#
Appeal As Of Right - When Taken
Appeals In Civil Cases.
(1) In a civil case in which an appeal is permitted by
law as of right from the Tribal District Court to the
Supreme Court , the notice of appeal required by Section 101
shall be filed with the Clerk of the Tribal District Court
within the following
time periods after entry of the
judgment or order appealed from , if a time certain is not
otherwis e provided by statute :
( i) From an order or judgment in an action
forcible entry or forcible or unlawful detainer ,
( 10) days .
for
ten
(ii) From an order , decree , or judgment of the
( except an
Juvenile Di vi si on of the District Cour t ,
T 2 - CH 1 - 2
TITLE 2
APPELLATE PROCEDURE
order , decree , or judgment
rights) , thirty (30) days .
which
§
terminates
parental
( iii ) From an ord er , decree , or judgment of the
Juvenile
Division
of
the
District
Court
wh ic h
terminates parental rights , ninety (90) days .
(iv) From a final order , commitment , judgment or
other appealable order in a civil case not hereinabove
provided for , twenty ( 20 ) days .
( 2)
Ex cept as provided in subsection (a) ( 4) of this
Section , a notice of appeal filed after the announcement of
a decision or order but before the f o rmal entry of the
judgment or o rder shall be treat ed as filed after such
entry and on the day thereof .
(3) If a timely notice of appea l is filed by a party ,
any othe r party may file a not ice of appeal within f ourteen
(14) days after the date on which the first noti ce of
appeal was filed , or within the time otherwise prescribed
by this Section , whichever period last expires .
(4)
If a timely motion under the Civil Procedure Act
is filed in the Tr ib al District Court by any party :
(i)
for judgment notwi t hstand ing the verdict , or
( ii ) to amend or make addit i onal findings of
fact , whether or not an alteration of the judgment
would be req u ired if the motion is granted , or
( iii ) to alter or amend the judgment or for a new
trial ,
then , and in that event , the time for appeal for all
parties shall r un from the entry of the order denying a new
tr ial or granting or denying any o ther such motion .
A
notice of appeal filed before the dispo siti on o f any of the
above motions shall have no effect .
A new notice of appeal
must be filed with i n the prescribed time measured from the
entry of the order disposing of the motion as provided
above .
No additional fees shall be required f o r suc h
filing .
(5 )
excusable
The Tribal
neglect or
District Court ,
good cause , may
T 2 - CH 1 - 3
upon a showing of
extend the time f or
APPELLATE PROCEDURE
TITLE 2
§
filing a notice of appeal in a c ivil action upon a motion
filed not later than thirty ( 30) days after the expiration
of the prescribed time .
The filing of a notice of appeal
may be ex parte unless the Tribal District Court otherwise
requires .
Notice of any such motion which is filed after
expiration of the prescribed time shall be given to the
other parties in accordance with the Civil Procedure Act .
No such extension shall exceed thirty ( 30) days past such
prescribed time or ten (10) days from the date of entry of
the order granting the motion , whichever occu rs later .
(6) A judgment or order is entered within the meaning
of this Section when it is entered in compliance with the
Civil Procedure Act .
(b) Appeals In Criminal Cases .
In a criminal case , the
notice of appeal by a defendant shall be filed in the Tribal
District Court within ten (10) days after the entry of the final
judgment and sentence o r other order appealed from .
A notice of
appeal filed after the ann ouncemen t of a decision , sentence , or
order , but before formal entry of the judgment or order shall be
treated as filed after such entry and on the day thereof .
If a
timely motion in arrest of judgment , or a motion for a new trial
on any ground other than newly discove red evidence has been
made , an appeal from a judgment of conviction may be taken
within ten ( 1 0) days after the entry of an order denying the
motion .
A motion for a new trial ba sed o n the ground o f newly
discovered evidence will similarly extend the time for appeal
from a judgment of conviction if the motion is made before or
within ten (10) days after entry of judgment.
When an appeal by
the Tribe is authorized by statute , the notice of appeal shall
be filed by the Tribe in the Tribal District Court within ten
(10) days after the entry of the judgment or order appealed from
unless a different time is specifically set by the statute
authorizing the appeal .
A judgment or order is entered within
the meaning of this subdi vis ion when it is entered in the
criminal docket pursuant to the Criminal Procedure Act .
Upon a
showing of excusable neglect , the Tribal District Court may ,
before or after the time has expired , with or without motion and
not ice , extend the time for f il irtg a notice of appeal f or a
period not to exceed thirty (30) days from the expiration of the
time otherwise prescribed by this subdi vi sion of this Section .
[History :
PUBLIC LAW#
T 2 - CH 1 - 4
APPELLATE PROCEDURE
TITLE 2
Section 103 .
§
Interlocutory Appeals in Civil Actions
(a) Interlocutory Appeals as of Right.
A person may appeal
to the Supreme Court by right any order made appealable by law ,
and the following judgments or orders of the Tribal District
Court :
( 1) An order that grants or refuses a new trial or
vacates or refuses to vacate a judgment on any grounds
including
that
of
newly
d isc overed
evidence
or
the
impossibility of making a rec ord .
(2) An orde r that discharges , vacates , or modifies,
refuses to discharge, vacate or modify an attachment .
or
(3)
An order that denies,
grants ,
or modifies a
temporary injunction , or discharges , vacates , or refuses to
discharge , vacate , or modify a temporary injunction .
(4) An order that discharges , vacates , or modifies , or
refuses to discharge,
vacate ,
or modify a provisional
remedy which affects the substantial rights of the parties .
( 5) An order that appoints a receiver , except where
the recei ve r was appointed at an ex parte hearing where a
full
hearing will be held upon application therefor ,
refuses to appoint a receiver , or vacates or refuses to
vacate the appointment of a receiver , or refuses or grants
orders to wind up receiverships or to take steps to
accomplish the purposes thereof , such a directing sales or
other disposals of property .
(6)
An order that directs
the payment of money
pendente lite, except where granted at an ex parte hearing
where
a
full
hearing
will
be
held upon
application
therefore , refuses to direct the payment of money pendente
lite , or vacates or refuses to vacat e an order directing
the payment of money pendente lite .
( 7) An order that certifies or refuses
action to be maintained as a class action .
to certify an
(8) An order with regard to probate matters :
(i) granting , or refusing , or revoking letters
testamentary or of administration , or of guardianship ,
or conservatorship , or
T 2 - CH 1 - 5
APPELLATE PROCEDURE
TITLE 2
( i i ) adm it t in g ,
pr o bate , or
or
re f us in g
§
to admit ,
a
wi 11
( iii) against or in favor of the validity
will or revoking the probate thereof , or
to
of
a
( iv) aga i nst or in favor setting apart proper ty ,
or making an allowance for a widow or child , o r
against . or
in
favor
of
directing
the
partition , sale or conveyance of any interest in real
property , or
(v)
(v i ) settling an account
administrator or guardian , or
of
an
executor ,
or
(vii )
refusing ,
allowing
or
directing
the
distribution or partition of an estate , or any part
thereof or the payment of a debt , claim , legacy or
distributive share , or
(viii) refusing
tax liability , or
or
allowing
the
release
of
any
( ix) from any other judgment , decree , or ord e r of
the Court in a probate case , o r of the Judge there o f,
affecting a substantial right .
(9 ) Any interlo cutory order or decree made imme diately
appealable by Tribal statute .
Time for
Special Rules.
(b)
Filing
Interlocutory Appeals
as
of Right and
( 1 ) The party aggrieved thereby may appeal the order
to
the
Supreme
Court
wit hou t
awaiting
the
final
determination of the action , by filing the notice of appeal
with the District Court Clerk within twenty (20) days after
the order is issued .
( 2) If the o rder discharges or modifie s an attachment
or preliminary injunction and it becomes operative , the
undertak in g given upon the allowance of an attachment or
preliminary injunction shall stay the enforcement of said
order and said o rder shall remain in full f o rc e and effe ct
until final order of discharge after app eal shall take
effect .
T 2 - CH 1 - 6
TITLE 2
APPELLATE PROCEDURE
§
( 3) If the order grants a preliminary injunction , the
party seeking to appeal , if he desires to stay said order ,
shall give within ten
( 10)
days
after
the
order is
rendered , an undertaking , with sufficient surety , in each
sum as
the Court
deems proper ,
to
secure the
party
procuring
the
injunction the
damages
he may
sustain ,
including reasonable attorney ' s fees ,
if it is finally
decided
that
the
preliminary
injunction
was
properly
granted .
The undertaking shall stay the effect of the
preliminary inj unction pending appeal .
( 4) Where a receiver shall be or has been appointed
upon , the appellant filing an appeal bond , with sufficient
sureties , in suc h sum as may have been required of the
receiver by the Court o r a Judge thereof , conditioned for
the due prosecution of the appeal and the payment of all
costs , or damages that may accrue to the Tribe or any
officer or person by reason thereof , the authority of the
receiver shall be suspended until the final determination
of the appeal , and if the receiver has taken possession of
any property , real or pers onal , it shall be returned and
surrendered to the appellant upon the filing and approval
of the bonds .
(c) Interlocutory Appeals by Permission.
When a Judge, in
making an order or decree in a civil action not otherwise
appealable under this Section or another Tribal statute , shall
be o f
the opinion that such order involves a controlling
question of law as to which there is substantial grounds for
difference o f op ini on and that an immediat e appeal from the
o rder may material advance the ult imate termination of the
litigation , he shall so state in writ ing in s uch order .
The
Supreme Court may thereupon , in its discretion , permit an appeal
to be taken from such order , if application is made within ten
( 10) days after the entry of the order , provided , however , that
application f or an appeal hereunder shall not stay proceedings
in the Tribal District Court , unless the Judge or the Supreme
Court , or a Justice of the Supreme Court shall order .
( d ) Petition for Permission to Appeal.
An appeal from an
interlocutory o rder · containing
the
statement
prescribed by
Section 1 03(c) may be sought b y filing a petition for permission
to appeal with the Clerk of the Supreme Court within ten ( 10)
days after entry of t h e order as amended .
( 1 ) The petition shall contain
facts necessary to an understanding
T 2 - CH 1 - 7
a statement of the
o f the cont r olling
TITLE 2
APPELLATE PROCEDURE
§
question of law determined by t he order of the District
Court ; a statement of the que stion itself; and a statement
of the reason s why a substantial basis exists for a
differe nce of opinion on the question and why an immediate
appeal
may
materially
advance
the
termination
of
litigation .
The petiti on shall include or ha ve annexed
thereto a copy o f the order from which the appeal is sought
and any findings of fact, conclusions of law and opinion
relating theret o .
Within seven ( 7) days after service of
the petition , an ad ve rse party may file an answer in
opposition .
The applicati on and answer shall be submitted
without or al argument unle ss othe r wi se ordered .
All papers may be typewritten .
Ten ( 10) copies
shal l be filed and the o ri ginal , but the Court ma y req u ire
that additi o nal copies be furnished .
(2)
( 3) Wi thi n ten ( 10 ) days after the entry of an o rder
granting permission to appeal, the appellant shall :
( i) pay to the Clerk of the District Court the
fees established by rule o f the Supreme Court for the
filing of appeals by permission .
( ii) file
Supreme Court .
a
bond
for
co sts
if
required
by
the
The Cle rk of the Tribal District Court shall notify
the Clerk of the Supreme Court of the payment of the fees .
Upon receipt of such notice the Clerk of the Supreme Court
shall enter the appeal up o n the docket .
The record shall
be transmitted and filed as in cases of direct appeal by
right . A notice of appeal need n o t be filed .
[History :
Section 104.
PUBLIC LAW#
Interlocutory Appeals in Criminal Actions
(a) Appeal by the Defendant.
An interlocutory appeal
the Supreme Cou rt may not be taken b y the defendant except
leave of the Court in the same manner as the taking
interlocutory appeals by permissi on in civil actions .
to
by
of
( b ) Appeal by the Tribe.
An appeal by the Tribe to the
Supreme Court may be tak en fr om a decision or order of the
Tribal Court prior to the beginning o f trial suppressi ng or
T 2 - CH 1 - 8
APPELLATE PROCEDURE
TITLE 2
§
excluding evidence , or requiring the return of seized property
in a criminal proceeding, or dismissing the criminal complaint ,
and , after the verdict is returned, upon an order granting a new
trial , or an order refusing to revoke probation or parole , or an
o rder red ucing a valid sentence previously imposed.
[History :
Section 105.
PUBLI C LAW#
Appeals by the Tribe in Criminal Actions
(a ) An appeal to
Tribe from the final
following cases :
the Supreme Court may be taken by
judgment in a criminal action in
the
the
(1 )
Upon
judgment
f or the
defendant
quashing
setting aside the criminal complaint prior to trial .
or
( 2 ) Upon an o rder of the Court arresting the judgment .
(3 ) Upon a question of law reserved by the Tribe ,
provided , that the criminal complaint shall be reinstated and
the case shall proceed if the Tribe ' s appeal is upheld under
subsection (a ) ( 1 ) o f this Secti on , the judgment and sentence
arrested sha ll be entered and enforced if the Tribe ' s appeal is
upheld under subsecti o n (a) ( 2 ) of this Section , and a defendant
may not be tried again for the same offense if the Tribe ' s
appeal is upheld under subsecti on (a) ( 3 ) of this Section .
(b) Pending the prosecution and determination of the appeal
in the foregoing instances , the defendant shall be released in
accordance with Section 108 of this Act .
[History :
Section 106.
PUBLIC LAW#
Bond For Costs On Appeal in Civil Cases
The Tribal District Court may requ ire an appellant to file
a bond or provide othe r security in such form and amount as it
finds necessary to ensure payment of costs on appeal in a c ivil
ca se .
The provisions of Secti on 1 07(b) of this Act applies to a
surety upon a bond given pursuant to this Section .
[History :
PUBLIC LAW#
T 2 - CH 1 - 9
TITLE 2
Section 107.
APPELLATE PROCEDURE
§
Stay Or Injunction Pending Appeal
(a) Procedure .
Application for a stay of the judgment or
order of the Tribal District Court pending appeal , or for
approval of a supersedeas bond , or for an order suspending ,
modifying ,
restoring or granting an
injunction during the
pendency of an appeal must ordinarily be made in the first
instance in the Tribal District Court .
A motion for such relief
may be made to the Supreme Court , or to a Justice thereof , but
the motion shall show that application to the Tribal District
Court for the relief sought is not practicable , or that the
Tribal District Court has denied an application, or has failed
to afford the relief which the applicant requested , with the
reasons given by the Tribal District Court for its action .
The
motion
shall
be
supported
by
affidavits
or
other
sworn
statements or copies there of .
With the motion shall be filed
such parts of the record as are relevant to t he motion .
Reasonable notice of the motion shall be given to all parties .
The motion s hall be filed with the Clerk of the Supreme Court ,
and normally will be considered by the entire Court , but i n
exceptional cases where such procedure would be impracticable
due to the requirements of time , the application may be made to
and considered by a single Justice of the Court pending review
by the entire Court .
In cases where relief has not been
previously requested in the Tribal Distr ict Court , the Supreme
Court may , if it determ in es such action to be appropriate under
the circumstances , remand the motion to the Tribal District
Court for its initial determination .
(b ) Bond, Proceedings Against Sureties.
Relief available
in the Supreme Court under this Sect i on may be conditioned upon
the filing of a bond or other appropriate security in the Tribal
District Court .
If security is given in the form of a bond or
stipulation o r other undertaking with one or more sureties , each
surety submits
himself to the
jurisdict ion o f
the Tribal
District Court and irrevocably appoints the Cler k of the Tribal
District Court as his agent upon whom any papers affecting his
liability on the bond or undertaking may be served .
It is the
responsibility of the surety t o provide the Clerk of the Tribal
District Court with his proper and current address , a nd a supply
of stamped , self - addressed envelopes , if he wishes copies of any
papers served upon the Clerk as his agent to be mailed to him .
His liability may be enforced on motion in the Tribal District
Court without the necessity of an independent action.
The
motion and such notice of the motion as the Tribal District
Court shall prescribe may be serv ed on the Clerk of the Tribal
T 2 - CH 1 - 10
TITLE 2
APPELLATE PROCEDURE
District Court who shall forthwith mail
if their addresses are known .
copies
§
to the
s ureties
(c) Criminal Cases.
Stays in criminal cases shall be had
in accordance with the provisions of the Crimina l Procedure Act .
[History :
Section 108.
PUBLIC LAW#
Release in Criminal Cases
(a)
Appeal of Order Denying Release Pending Appeal.
An
appeal authorized by law from an order refusing or imposing
condition of release pending appeal of the underlying judgment
of conviction and sentence shall be determined promptly .
Upon
entry of an order refusing or imposing conditions of release
pending appeal of the underlying judgment of conviction and
sentence , the Tribal District Court shall state in writing the
reasons for the action taken.
The appeal in such matters shall
be heard wi th out the necessity o f br i efs after reas onable notice
to the appellee upon such papers , affidavits , and portions of
the record as the parties shall present .
The Supreme Court , or
a Justice thereof pending action by the entire Court may order
the release of the appellant pending the appeal .
(b) Procedure.
Application for release aft er a judgment of
conviction shall be made in the first in sta nce in the Tribal
Di strict Court .
If the Tribal District Court refuses releas e
pending appeal , or imposes conditions of release the Court shall
state in writing the reasons for the action taken .
Thereafter ,
if an
appeal
is
pending ,
a
motion
for
release ,
or
f or
modification of the conditions of release , pending review may be
made to the Supreme Court or to a des i gnated Justice thereof .
The motion shall be determined promptly upon such papers ,
af fidavits, and portions of the record as the parties shall
present and after reasonable notice to the appellee .
The
Supreme Court or a Justice thereof pending action by the entire
Court may order the release of the appellant pending disposition
of the motion .
(c ) Criteria for Release.
The decision as to release
pending appeal shall be made in accordance with the criteria f or
bail established by tribal law in the Criminal Procedure Act or
otherwise .
The burden of establishing that the defendant will
not flee or pose a danger to any other person or to the
commun i ty rests with the defendant .
T 2 - CH 1 - 11
APPELLATE PROCEDURE
TITLE 2
[History :
Section 109 .
§
PUBLIC LAW#
The Record on Appeal
(a ) Composition of the Record on Appeal .
The original
papers and exhibits filed in the Tribal District Court , the
transcript or tape recording of the proceedings , if any , and a
certified copy of the docket entries prepared by the Clerk of
the Tribal District Court shall constitute the record on appeal
in all cases.
(b ) Transcript,
Partial Transcript .
Duty
of
Appellant
to
Order,
Notice
of
Within ten ( 10 ) days after filing the notice of
appeal the appellant shall orde r from the Clerk or reporter
a transcript of such parts of the proceedings not already
on file as he deems necessary .
The order shall be in
writing and within the same period a copy shall be filed
with the Clerk of the Tribal District Court .
If no such
parts of the proceedings are to be ordered , within the same
period the appellant shall file a certificate to that
effect .
(1 )
( 2 ) If the appellant intends to urge on appeal that a
finding or conclusion is unsupported by the evidence or is
contrary to the evidence , he shall include in the record a
transcript of all evidence relevant to such finding or
conclusion .
Unless the entire transcr ipt is to be included ,
the appellant shall within the ten (10) days time provided
in subsection ( b) ( 1) of this Section , file a statement of
the issues he intends to present on the appeal and shall
serve on the appellee a copy of the order or certificate
and of the statement .
If the appellee deems a transcript
of other parts of the pr oc eedings to be necessary , he
shall , with in ten ( 10) days after the service of the order
or certificate and the statement of the appellant , file and
serve on the appellant a designation of additional parts to
be included.
Unless within ten ( 10) days after the service
of such designation the appellant has ordered such parts ,
and has so notified the appellee , the appellee may within
the following ten ( 10 ) days or der the parts or move in the
Tribal District Court for an order requiring the appellant
to do s o .
(3 )
T 2 - CH 1 - 12
TITLE 2
APPELLATE PROCEDURE
§
( 4 ) At the time of ordering ,
a party must make
satisfactory arrangements with the reporter for payment of
the cost of the transcript .
If a typewritten transcript is
ordered , the Clerk or Reporter shall charge a fee to be set
by the Court for each original page .
If a copy of a tape
recording of the proceedings is ordered ,
the Clerk or
Reporter shall charge a fee to be set by the Court for each
tape copy ordered .
All such fees paid on behalf of a Clerk
or Reporter who is employed by the Tribe and paid a salary
from tribal monies shall be deposited in the Court fund ,
unless specific statut ory authority for disposition of such
monies is provided .
All such fees paid on behalf of an
independent reporter appointed or authorized by the Tribal
District Court to record its proceedings , but not paid from
tribal funds shall be paid over to such reporter.
( c) Procedure When No Transcript Available.
If no report
of the evidence or proceedings at a hearing o r trial was made ,
or if a transcript is unavailable , the appellant may prepare a
statement of the evidence or proceedings from the best available
means ,
including his recollection.
The statement shall be
served on the appellee , who may serve objections or propose
amendments
thereto
within
ten
(10)
days
after
ser vice .
Thereupon
the
statement
and
any
objections
or
proposed
amendments shall be submitted to the Tribal District Court for
settlement and approval and as settled and approved shal l be
included by the Clerk o f the Tribal Dist rict Court in the record
on appeal .
(d) Agreed Statement as the Record on Appeal.
In lieu of
the record on appeal as defined in subsection (a)
of this
section , the parties may prepare and sign a statement of the
case showing how the issues presented by the appea l arose and
were decided in the Tribal District Court and setting forth only
so many of the facts averred and proved or sought to be proved
as are essential to a decision of the issues presented .
If the
statement conforms to the truth , the statement together with
such additions as the Court may consider neces sar y fully to
present the issues raised by the appeal , shall be approved by
the Tribal District Court , and shall then be certified to the
Supreme Court as the record on Appeal and transmitted to the
Supreme Court Clerk ' s records.
(e) Correction or Modification of the Record.
If any
difference arises as to whether the record truly discloses what
occu rred in the Tribal District Court , the difference shall be
submitted to and settled by the Judge of that Court, and the
T 2 - CH 1 - 13
TITLE 2
APPELLATE PROCEDURE
§
record made to conform to the truth .
If anything material to
either party is omitted from the record by error o r accident or
is misstated therein , the parties by stipulat i on , or the Tribal
District Court , either before or after the record is transmitted
to the Supreme Court ,
or proper suggestion or of its own
initiative , may direct that the omission or misstatement be
corrected ,
and if necessary that a supplemental record be
certified and transmitted .
All other question s as to the form
and content of the record shall be presented to the Supreme
Court .
[History :
Section 110 .
(a)
PUBLIC LAW#
Transmission of Record
Chief
Clerk
to
Serve
as
Clerk
of
the
Supreme
Court.
The Chief Clerk of the Tribal District Court may also serve as
the Clerk of the Supreme Court whenever the position of Clerk of
the Supreme Court is vacant , or , in the opinion o f the Supreme
Cou rt such service shall be deemed expedient .
(b) Transmission and Filing of Record.
In all cases ,
including juvenile and criminal actions , the Clerk in charge of
the papers in that case shall , within fifteen (15) working days
after a Notice of Appeal is filed, prepare , certify , and deliver
to the Clerk of the Supreme Court , for filing with the Supreme
Court , all papers comprising the record of the ca se except the
transcript .
Such compilation shall be
indexed with page
numbers .
All parties to the appeal shall be notified of the
filing of the record with the Supreme Court , and a copy of the
index to the record shall be attached to the notice for the
benefit of the parties .
Copies of any documents contained in
the record shall.be available to the parties at a cost per page
set by rule of the Supreme Court .
( c) Completion of Record.
Upon receipt of an order for a
transcript or additional tape recording , the Clerk or Reporter
shall acknowledge at the foot of the order the fact that he has
received it and the date on which he expects to have the
transcript or copy of the tape recording completed and shall
transmit the order , so endorsed , to the Clerk of the Supreme
Court .
If the transcript cannot be completed within thirty (30)
days of receipt o f the order the Clerk o r Reporter shall request
an extension of time from the Clerk of the Supreme Court , and
the action of the Clerk of the Supreme Court shall be entered on
the docket and the parties notified .
In the event of the
T 2 - CH 1 - 14
APPELLATE PROCEDURE
TITLE 2
§
failure to file the transcript or complete making copies of the
tapes within the time allowed , the Clerk of the Supreme Court
shall notify the Chief Justice and take such steps as may be
directed by the Chief Justice of the Supreme Court .
Upon
completion of the transcript the Clerk or Reporter shall file it
with the Clerk of the Tribal District Court and shall notify the
Clerk of the Supreme Court that he ha s done s o .
(d)
Transmission of Transcript .
Upon receipt of the
Transcript ,
or notification that
requested copies
of tape
recordings of the proceedings are completed , or the filing of a
statement as provided in Section 109 (c) or (d) of this Act , the
Clerk of the Tribal District Court shall forthwith notify the
parties that the transcript , tapes , o r statement is completed
and ready for transmittal to the Supreme Court , shall state in
the notice the date upon which the notice wa s given , and the
date the final record will be delivered to the Supreme Court .
The parties may receive their copies
(if ordered)
of such
transcript , tapes , or statement as soon as they become available
wh ether before or after f o rmal notice of such availability is
ma iled to the parties . · Fifteen ( 15 ) days after the mailing of
the notice of completion of the transcript , tapes , o r statement ,
the Clerk of the Tribal District Court shall deliver the
o riginal thereof to the Clerk of the Supreme Court for filing .
Upon filing by the Clerk of the Supreme Court , the record shall
be deemed received and completed for the purposes of the appeal .
[History :
Section 111.
PUBLIC LAW#
Docketing the Appeal; Filing the Record
(a) Docketing the Appeal.
Upon receipt of the Notice of
Appeal and of the docket entries and papers transmitted by the
Clerk of the Tribal District Court pursuant to Section 11 0 (b) ,
the Clerk of the Supreme Court shall thereupon enter the appeal
upon the docket .
An appeal shall be docketed under the title
given to the action in the Tribal District Court , with the
appellant identified as such , but if such title does not contain
the name of the appellant, his name, identified as appellant ,
shall be added to the title .
In appeals from the Juvenile
Division of the Court ,
the docket book s shall contain t he
cor rect names of the parties , however , all opinions or other
papers of the Court which may become public information shall
contain only initials or other similar designations an d not the
names of the parties .
T 2 - CH 1 - 15
APPELLATE PROCEDURE
TITLE 2
§
(b) Upon receipt of the completed record on appeal as
provided in Section llO(d) , The Cle rk of the Supreme Court shall
file it and shall immediately give notice to all parties of the
da te on wh ich i t was filed .
[History :
PUBLIC LAW#
T 2 - CH 1 - 16
TITLE 2
APPELLATE PROCEDURE
§
CHAPTER TWO
EXTRAORDINARY WRITS
Section 201.
Mandamus or Prohibition Directed to a Judge or
Judges
Application for a writ of mandamus or of prohibition
directed to a judge or Magistrate of the Tribal District Court ,
or to any other subordinate agency or officer against whom an
original action in mandamus or prohibition may be filed by law
in the Supreme Court ,
shall be made by filing a petition
therefore with the Clerk of the Supreme Court wi th proof of
service on the respondent and on all parties in in t erest to the
action in the Tribal District Court .
The petition shall contain
a statement of the facts necessary to an understanding of the
issues presented by the application ; a statement of the issues
presented and the relief sought; a statement of the reasons why
the writ should issue ; and the copies of any order or opinion or
parts of the record which may be essential to an understanding
of the matters set forth in the petition .
The Clerk shall
docket the petition and submit it to the Court upon payment of a
docketing fee set by Court rule .
In vacation , the alternative
Writ may be issued by a single Justice but a preemptory writ
should be issued only by a quorum of the Tribal District Court
for initial determination .
[History :
Section 202.
PUBLIC LAW#
Denial or Order Directing Answer
If the Court is of the opinion that the writ should not be
granted in any case on the facts and law stated in the petition ,
it shall deny the petition .
Otherwise, it shall order that an
answer to the petition be filed by the respondents within the
time fixed by the order .
The order shall be served by the Clerk
on the named respondents and on all other parties to the action
in the Tribal District Court.
All parties below other than the
petitioner shall also be deemed respondents for all purposes .
Two or more respondents may answer jointly .
If the named
respondents do not desire to appear in the proceeding , they may
so advise the Clerk and all parties by letter , but the petition
shall not thereby be taken as admitted .
The Clerk s hall advise
the parties of the dates on which briefs are to be filed , if
briefs are required , and of the date of oral argument , if any .
The proceeding shall be given preference over ordinary civil
T 2 - CH 2 - 1
APPELLATE PROCEDURE
TITLE 2
§
cases .
These writs may be used to compel a respondent to
perform a required action or to refrain from exceeding his
jurisdiction , but may not be used to control the discretionary
actions of judges , agencies , or other Tribal official s.
[History :
Section 203.
PUBLIC LAW#
Other Extraordinary Writs
Application
for
extraordinary
writs
other
than
those
provided for in Section 201 of this Chapter shall be made by
petition filed with the Clerk of the Supreme Court with proof of
service on the parties named as respondents .
Proceedings on
such applications shall conform , so far as is practical , to the
procedure prescribed in Sections 201 and 202 of this Chapter .
[History :
Section 204.
PUBLIC LAW#
Form of Papers, Number of Copies
All papers may be typewritten .
original
shall
be
filed ,
but
the
additional copies be furnished .
[History :
PUBLIC LAW#
T 2 - CH 2 - 2
Ten ( 1 0) copies and the
Court
may
direct
that
TITLE 2
APPELLATE PROCEDURE
§
CHAPTER THREE
HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS
SUBCHAPTER A
HABEAS CORPUS
Section 301.
Habeas Corpus Proceedings
An application for a writ of habeas corpus shall originally
be made to the Tribal District Court .
If application is made to
the Supreme Co urt , or t o a Justice thereof individually, the
application
will
ordinarily
be
transferred
to
the
Tribal
District Court for determination.
The Supreme Court , or a
Justice there o f ,
will accept original jurisdiction in such
matters only upon a showing of compelling necessity and urgency .
If an application is made to or transferred to the Tribal
District Court and denied , renewal of the application before the
Supreme Court , or a Justice thereof is not favored ; the proper
remedy is by appeal to the Supreme Court from the order of the
Tribal District Court denying the writ .
[History :
Section 302.
PUBLIC LAW#
Transfer of Custody Pending Review
Pending review of a decision in a habeas corpus proceeding
commenced before the Court , o r a Justice or Judge for the
release of a prisoner, a person having custody of the prisoner
shall not transfer custody to another unless such transfer is
directed in accordance with the provisions of this Section and
the Court rules .
Upon application of a custodian showing a need
therefore , the Court , Justice or Judge rendering a decision may
make an order authorizing transfer and providing for
the
substitution of the successor custodian as a party .
[ Histor y :
PUBLIC LAW#
T 2 - CH 3 - 1
TITLE 2
Section
APPELLATE PROCEDURE
303 .
Detention or Release
Failing to Release
§
Pending Review of Decision
Pending review of a decision failing or refusing to release
a prisoner in such a proceeding , the prisoner may be detained in
the
custody
from
which
release
is
sought ,
or
in
other
appropriate custody , or may be enlarged upon his recognizance or
admitted to bail , with or without surety , as may appear fitting
to the Court or Justice or Judge , rendering the decision , or to
the Supreme Court en bane.
[History :
Section
304.
PUBLIC LAW#
Detention or Release
Ordering Release
Pending Review of Decision
Pending review of a decision ordering the release of a
prisoner in such a proceeding , the prisoner shall be enlarged
upon his recognizance , with or without surety , unless the Court
or Justice or Judge rendering the decision , or the Supreme Court
shall otherwise order .
[History :
Section 305.
PUBLIC LAW#
Modification of Initial Order Respecting Custody
An initial order respecting custody or enl a rgement of the
prisoner and any recognizance or surety t aken , shall govern
during review in the Supreme Court unless f or s pecial reasons
shown to the Supreme Court the order shall be mod i fied , or an
independent order respecting custody ,
enlargement or suret y
shall be made .
[History :
Sections 306-310.
PUBLIC LAW#
Reserved
T 2 - CH 3 - 2
APPELLATE PROCEDURE
TITLE 2
§
SUBCHAPTER B
PROCEEDINGS IN FORMA PAUPERIS
Section
311.
Leave from Tribal
Supreme Court
District Court
to
Proceed
to
A party to an action in the Tribal Dis tr ict Court who
desires to proceed on appeal in forma pauperis shall file in the
Tribal District Cou rt a motion for leave so to proceed , together
with an affidav it showing, in explicit detail , this inability to
pay fees and costs or to give security therefor , his belief that
he is entitle d to re dress , and a statement of the issues which
he intends to present on appeal .
If the motion is granted , the
party may proceed without further application to the Supreme
Cou rt , and without prepayment of fees o r costs in e i ther Court
or the giving of securit y therefor .
If the motion is denied ,
the Tribal District Court shall state in writing the reasons for
the denial .
[History :
Section
312.
PUBLIC LAW#
Special Rule for Parties Previously
Permission to Proceed in Forma Pauperis
Granted
Notwithstanding the provisions of the preceding Section , a
party who has been permitted to proceed in an action in the
Tribal District Court in forma pauperis ,
or who has been
permitted to proceed there as one who is financially unable to
ob tain an adequate defense in a criminal case , or a case
involving the termination of parental rights , may proceed on
appeal in forma pauperis without further authorization unless,
before or after the notice o f appeal is filed , the Tribal
Di strict Court shall certify that the appeal is not taken in
good faith or shall find that the party is otherwise not
entitled to proceed, in which event the Tribal District Court
shall state in writing the reasons for such certification or
finding .
[History :
PUBLIC LAW#
T 2 - CH 3 - 3
APPELLATE PROCEDURE
TITLE 2
Section
313.
Remedy
Court
for
Denial
of
Motion
§
by
Tribal
District
If a motion for leave to proceed on appeal in forma
pauperis is denied by the Tribal District Court , or if the
Tribal District Court shall certify that the appeal is not taken
in good faith or shall find that the party is otherwise not
entitled to proceed in forma pauperis , the Clerk sh a ll forthwith
serve notice of such action .
A motion for leave s o to proceed
may then be filed in the Supreme Court within thirty ( 30) days
after service of notice of the action of the Tribal District
Court .
The motion shall be accompanied by a copy of the
affidavit
filed
in the Tribal
District Court ,
or by the
affidavit prescribed by Section 311 of th i s Subchapter if no
affidavit has been filed in the Tribal District Court , and by a
copy of the statement of reasons given by the Tr i bal District
Court for its action .
[History :
PUBLIC LAW#
T 2 - CH 3 - 4
APPELLATE PROCEDURE
TITLE 2
§
CHAPTER FOUR
GENERAL PROVISIONS
Section 401.
Filing and Service
Filing .
Papers required or permitted to be filed in the
Supreme Court shall be filed with the Clerk.
Filing may be
accomplished by mail addressed to the Clerk , but filing shall
not be timely unless the papers are received by the Clerk within
the time fixed for filing , except that briefs and appendices
shall be deemed filed on the day of mailing if first class mail
or any or e xpeditious form of delivery by mail , excepting
special delivery or overnight mail , is utilized .
If a motion
requests relief which may be granted by a single Justice , the
Justice may permit the motion to be filed with him , in which
event he shall note thereon the date of filing and shall
thereafter transmit it to the Clerk .
[H i story :
Section 402.
PUBLIC LAW#
Service of All Papers Required
Copies of all paper filed by any party and not required by
the Title to be served by the Clerk shall , at or before the time
of filing , be served by that party or person acting for him on
all other parties to the appeal or review.
Service on a party
represented by counsel or lay advocate shall be made on the
counsel or lay advocate .
[History :
Section 403 .
PUBLIC LAW#
Manner of Service
Service may be personal or by mail in any manner allowed by
the Civil Procedure Act for service of motions or briefs .
Personal service includes delivery of the copy to a Clerk ,
secretary , or other responsible person at the off ice of counsel
or lay advocate.
[History :
PUBLIC LAW#
T 2 - CH 4 - 1
TITLE 2
APPELLATE PROCEDURE
Section 404 .
§
Proof of Service
Papers presented for filing shall contain an acknowledgment
of service by the person served or proof of service in the form
of a statement of the date and manner of service and the name of
the person served , certified by the person who made service .
Proof of service may appear on or be affixed to the papers
filed .
The Clerk may permit papers to be filed without ·
acknowledgment or proof of service but shall require such to be
filed promptly thereafter .
[History :
Section 405.
PUBLIC LAW#
Computation of Time
In computing any period of time prescribed by this Title ,
by an order of the Court , or by any applicable statute , the day
o f the act, event , or default form which the designated period
of time begins to run shall not be included .
The last day of
the period shall be included , unless it is a Saturda y , Sunday ,
or a legal holiday , in which event the period extends until the
end of the next day which is not a Saturday , Sunday , or a legal
holiday .
When the period of time prescribed or allowed is equal
to less than seven (7) days , intermediate Saturdays , Sundays , or
legal holidays shall be excluded in the computation .
As used in
this
Section ,
" legal
holiday "
includes
New
Year ' s
Day ,
Washington ' s Birthday , Memorial Day , Independence Day , Labor
Day , Columbus Day , Veterans Day , Thanksg i ving Day , Christmas
Day , and any other day appointed as a holiday by the President
or Congress of the United States or the Legislative Body of the
Tribe .
[History :
Section 406.
PUBLIC LAW#
Enlargement of Time
The Court f or good cause shown may upon motion enlarge the
time prescribed by the Title or Court rule or by its own order
for doing any act , or may permit an act to be done after the
expiration of such time , but the Supreme Court may not enlarge
the time for filing a notice of appeal .
[History :
PUBLIC LAW#
T 2 - CH 4 - 2
APPELLATE PROCEDURE
TITLE 2
Section 407.
§
Additional Time after Service by Mail
Whenever a party is required or permitted to do an act
within a prescribed per i od after service of a paper upon him and
that paper is served by mail , three ( 3) days shall be added to
the prescribed period .
[History :
Sections 408-410.
PUBLIC LAW#
Reserved
T 2 -
CH 4 - 3
TITLE 2
APPELLATE PROCEDURE
§
SUBCHAPTER A
MOTIONS AND BRIEfS
Section 411.
Content, Response, and Reply to Motions
Unless another form is elsewhere prescribed by this Title ,
an application for an order or other relief shall be made by
filing a motion or relief with proof o f service on all other
parties .
The motion shall contain or be accompanied by any
matter required by a specific provision of the Title governing
such a motion , shall state with particularity the grounds on
which it is based , and shall set forth the order or relief
sought .
If a motion is supported by briefs , affidavits , or
other papers , they shall be served and filed with the motion .
Any party may file a response in opposition to a motion other
than one for a procedural order within seven ( 7) days after
service of the motion , but motions authorized by Section 107 ,
108 , and 469 may be acted upon after reasonable notice, and the
Court may shorten or extend the time for responding to any
motion .
[History :
Section 412.
PUBLIC LAW#
Determination of Motions for Procedural Orders
Notwithstanding the provisions of Section 411 of this Title
as
to
motions
generally ,
motions
for
procedural
orders ,
including any motion under Section 406 , may be acted upon at any
time , without awaiting a response thereto , and pursuant to rule
or order of the Court , motions for specified types of procedural
o_rders may be disposed of by the Clerk .
Any party adversely
affected by such action may ,
by application to the Court ,
request consideration , vacation or modification of such action .
[History :
Section 413 .
PUBLIC LAW#
Power of a Single Judge to Entertain Motions
In addition to the authority expressly conferred by this
Title or by other Tribal law , a single Justice of the Supreme
Court may entertain and may grant or deny any request for relief
which under this Title may properly be sought by motio n , except
that a single Justice may not dismi ss or otherwis e determine an
appeal or other proceeding , and except that the Supreme Court
T 2 - CH 4 - 4
TITLE 2
APPELLATE PROCEDURE
§
may provide by order or rule that any motion or class of motions
must be acted upon by the Court .
The action of a single Justice
may be reviewed by the Court .
[History :
Section 414.
PUBLIC LAW#
For of Papers; Nwnber of Copies
All papers relating to motions may be typewritten .
copies shall be filed with the original , but the Court
require that additional copies be furnished .
[H istory :
Section 415.
Ten
may
PUBLIC LAW#
Brief of Appellant
The brief of the appellant shall contain under appropriate
headings and in the order here indicated :
(a) A cover page as described in Section 429 .
(b) A table of contents , with page references , and a table
of
cased
(alphabetically
arranged) ,
statutes
and
other
of
the
brief
authorities cited , with reference to the pages
where they are cited .
(c) A statement of the issues presented for review .
(d) A statement of the case .
The statement shall first
indicate briefly the nature of the case , the course of the
proceedings , and its disposition in the Court below .
There
shall follow a statement of the facts relevant to the issues
presented for review , with appropriate references to the record
( see Section 419 ) .
The argument may be preceded by a
(e)
An argument .
summary .
The argument shall contain the contentions of the
appellant with respect to the issues presented , and the reasons
therefore , with citations t o the authorities , statutes and parts
of the record relied on .
(f) A short conclusion stating the precise relief sought .
[History :
PUBL I C LAW#
T 2 - CH 4 - 5
TITLE 2
APPELLATE PROCEDURE
Section 416 .
§
Brief of Appellee
The brief of the appellee shall conform to the requirements
of Section 415 , except that a statement of the issues or the
case need not be made unless the appellee is dissatisfied with
the statement of the appellant .
[History :
Section 417.
PUBLIC LAW#
Reply Brief
The appellant may file a brief in reply to the brief of the
appellee , and if the appellee has cross - appealed , the appellee
may file a brief in reply to the response of the appellant to
the issues presented by the cross appeal .
No further briefs may
be filed except with the leave of the Court .
[History :
Section 418 .
PUBLIC LAW#
References in Briefs to Parties
Counsel will be expected in their briefs and oral arguments
t o keep a minimum of references to parties by such designations
as "appellant" and "appellee . "
It promotes clarity to use the
designations used in the lower Court or the actual names of the
parties,
or descriptive terms such as "t he employee , " "the
injured person ," "t he taxpayer ," "the car , " or the names of the
parties .
[History :
Section 419.
PUBLIC LAW#
References in Briefs to the Record and Statutes
(a)
References in the briefs to parts of the record
reproduced in any appendix filed with the brief of the appellant
shall be to the pages of the appendix at which those parts
appear and to the pages in the original record .
If an appendix
is prepared after the briefs are filed , references in the briefs
to the record shall be made a part of the original record .
Intelligible abbreviations may be used .
If reference is made to
original evidence the admissibility of which is in controversy ,
reference shall be made to the pages of the record or of the
T 2 - CH 4 - 6
APPELLATE PROCEDURE
TITLE 2
transcript at which the
received or rejected .
evidence
was
identified ,
§
offered ,
and
(b) If determination of the issues presented requires the
study of statutes , rules , regulations , or similar material or
relevant parts thereof , they shall be reproduced in the brief or
in an addendum at the end , or they may be supplied to the Court
in pamphlet form .
[History :
Section 420.
PUBLIC LAW#
Length of Briefs
Except by permission of the Court , principal briefs shall
not exceed fifty ( 50 ) pages , and reply briefs shall not exceed
twenty - five ( 25 ) pages containing the table of contents , tables
of
citations ,
and any
addendum containing
statutes ,
rules
regulations , and similar material .
[ History :
Section 421.
PUBLIC LAW#
Briefs in Cases Involving Cross Appeals
If a cross appeal is filed , the plaintiff in the Court
below shall be deemed the appellant for the purposes of this
Chapter and Section 426 ,
427 , and 428 , unless the parties
otherwise agree or the Court otherwise orders .
The brief of the
appellee shall contain the issues and argument involved in his
appeal as well as the answer to the brief of the appellant .
[History :
Section 422.
PUBLIC LAW#
Briefs in Cases
Appel lees
Involving Multiple Appellants
or
In cases in vo lving more than one appellant o r appellee ,
including cases consolidated for purposes of the appeal , any
number of either may join in a single brief , and any appellant
or appellee may adopt by reference any part of the brief of
another .
Parties may similarly join in reply briefs .
[ History :
PUBLIC LAW#
T 2 - CH 4 - 7
TITLE 2
APPELLATE PROCEDURE
Section 423.
§
Citation of Supplemental Authorities
When pertinent and significant authorities come to the
attention of a party after his brief has been filed , or after
oral argument but before decision , a party may promptly advise
the Clerk of the Court , by letter , with a copy to all counsel ,
setting forth the citations .
There shall be a reference either
to the page of the brief or to a point argued ora l ly to which
the citations pertain , but the letter shall without argument
state the reasons for the supplemental citat i ons .
Any response
shall be made promptly and shall be similarly limited .
[History :
Section 424.
PUBLIC LAW#
Brief of an Amicus Curiae
A brief
of
an
amicus
curiae may
be
filed
only
if
accompanied by written consent of all parties , or by leave of
Court granted on motion or at the request of the Court , except
that consent or leave shall not be required when the brief is
presented by the Tribe , the United States or an officer or
agency thereof , or by another Tribe or a state , territory or
Commonweal th .
The brief may be conditionally filed with the
motion for leave .
A motion for leave shall i dentify the
interest of the applicant and shall state the reasons why a
brief of an amicus cur i ae is desirable .
Save as all parties
otherwise consent , any amicus curiae shall file its brief within
the time allowed the party whose position as the affirmance or
reversal the amicus brief will support unless the Court for
cause shown shall grant leave for later filing , in which event ,
it shall specify within what period an opposing party may
answer .
A motion of an amicus curiae other than the Tribe to
participate in the oral argument will be granted only for
extraordinary reasons , or on the Court ' s own motion .
A motion
of the Tribe to present oral argument as amicus curiae shall be
granted unless extraordinary reasons appear for refusing to
grant such a motion .
[History :
PUBLIC LAW#
T 2 - CH 4 - 8
TITLE 2
APPELLATE PROCEDURE
Section 425 .
§
Appendix to the Briefs
Whenever
the
record on appeal ,
or the
transcript
is
particularly voluminous , the Court may order the appellant to
prepare ,
with notice and consultation by the appellee ,
an
appendix
to
the
briefs
which
shall
contain
the
papers ,
documents ,
and portions of the transcript necessary to the
determination
of
the
issues
presented
on
appeal .
The
preparation of an appe ndix does not prevent further referrals to
the original record by any party or the Court .
A party may
append pertinent parts of the record to his brief when such is
necessary for a clear presentation of the issues raised on
appeal.
[H ist o ry :
Section 426 .
PUBLIC LAW#
Time for Filing and Service of Briefs
The appellant shall serve and file his brief within twenty
days after the date on which the completed record is
received and filed in the Supreme Court .
The appellee shall
serve and file his brief within twenty ( 20 ) days after service
of the brief of the appellant .
The appellant may serve and file
a reply brief within fourteen ( 14) days after service of the
brief of the appellee , but , except for good cause shown , a reply
brief must be filed at least three ( 3 ) days before argument .
(20)
[History :
Section 427 .
PUBLIC LAW#
Number of Copies to be Filed and Served
Ten (10) copies of each brief shall be filed with the Clerk
in addition to the original , unless the Court by order shall
direct a lesser or greater number , and two ( 2) copies shall be
served on counsel for each party separately represented .
If a
party is allowed to file typewritten ribbon and carbon copies of
the brief , the original and three ( 3) legible copies shall be
filed with the Clerk , and one (1 ) copy shall be served on
counsel f or each party separatel y represented .
[ Hist o ry :
PUBLIC LAW#
T 2 -
CH 4 - 9
TITLE 2
APPELLATE PROCEDURE
Section 428.
§
Consequence of Failure to File Briefs
If an appellant fails to file his brief within the t i me
provided by this Title , or within the time as extended , an
appellee may move for dismissal of the appeal .
If an appellee
fails to file his brief , he will not be heard at oral argument
except by permission of the Court .
[History :
Section 429.
PUBLIC LAW#
Form of Briefs, and Appendix and Other Papers
(a)
Briefs and appendices may be produced by standard
typographic printing or by any duplicating or copying process
which produces a clear black image on white paper , including
legible photocopies .
Carbon copies of briefs and appendices may
not be submitted without permission of the Court , except in
behalf of parties allowed to proceed in forma pauper is .
All
p ri nted matter must appear in at least 11 point (pica) type on
opaque , unglazed paper .
Briefs and appendices produced by the
standard typographic process shall be bound in volumes having
pages 6 11 8 by 7 1 1 16 inches .
Those produced by any other process
shall be bound in volumes having pages not exceeding 8 ½ by 11
inches and type matter not exceeding 6 ½ by 9 ½ inches , with
double spacing between each line of text , except that quoted
matter
may
be
single
spaced .
Copies
of
the
reporter ' s
transcript and other papers reproduced in a manner authorized by
this Section may be inserted in the appendix , such pages may be
informally renumbered if necessary .
(b)
If briefs are produced by commercial printing or
d_uplicating firms or , if produced otherwise and the covers to be
described are available , the cover of the brief of the appellant
should be blue ; that of the appellee , red ; that of an intervenor
or amicus curiae , green ; that of any reply brief , gray .
The
cover of the appendix , if separately printed should be white .
The front covers of the briefs and of appendices shall contain :
(1)
the name of the Court and the number of the case ;
(2)
the title of the case ;
( 3)
the nature of the proceeding in the Court (e . g .'
Petition for Review) and the name of the Court
Appeal;
below ;
T 2 - CH 4 - 10
APPELLATE PROCEDURE
TITLE 2
( 4)
the
title
of
Appellant , Appendix) ; and
the
document
§
(e . g .,
Brief
for
(5)
the names ,
addresses ,
and telephone number of
counsel representing the party on whose behalf the document
is filed .
[History :
Section 430.
PUBLIC LAW#
Form of Other Papers
(a) Petitions for rehearing
prescribed by Section 429 .
shall
be produced
in a
manner
(b) Motions and other papers may be produced in the like
manner , or they may be typewritten upon opaque , unglazed paper
8½ by 11 inches in size .
Lines of typewritten text shall be
double - spaced .
Consecutive sheets shall be attached at the left
margin .
Carbon copies may be for filing and service if they are
legible .
(c) A motion or other pap er addressed to the Court shall
contain a caption setting forth the name of the Court , the title
of the case , the file number , and a brief descriptive title
indicating the purpose of the paper .
[History :
Sections 431-440.
PUBLIC LAW#
Reserved
T 2 - CH 4 -
11
APPELLATE PROCEDURE
TITLE 2
§
SUBCHAPTER B
ARGUMENT
Section 441.
Prehearing Conference
The Court may direct the attorneys for the parties to
appear before the Court or a Justice thereof for a prehearing
conference to consider the simplification of the issues and such
other matters as may aid in the disposition of the proceeding by
the Court .
The Court or Justice shall make an order which
recites the action taken at the conference and the agreements
made by the parties as to any of the matters considered and
which limits the issues to those not disposed of by admissions
or agreements of counsel , and such order when entered controls
the subsequent course of the proceeding , unless modified to
prevent manifest injustice .
[History :
Section 442.
PUBLIC LAW#
Oral Argument in General
Oral argument shall be allowed in all cases unless the
Court , after examination of the briefs and record , shall be
unanimously of the opinion that oral argument is not needed.
In
such cases the Court shall notify the parties of its intention
to proceed without oral argument , and shall provide any party
with an opportunity to file a statement setting forth the
reasons why, in his opinion , oral argument should be heard .
Oral argument will be allowed upon request unless the Court
u_nanimously determines :
(a)
the appeal is frivolous ; or
(b) the dispositive issue or set
recently authoritatively decided ; or
of
issues
has
been
(c)
the facts and legal arguments are adequately
presented in the briefs and record and the decisional
process would not be significantly aided by oral argument .
[History :
PUBLIC LAW#
T 2 - CH 4 - 12
TITLE 2
APPELLATE PROCEDURE
Section 443.
§
Notice of Argument ; Postponement
The Clerk shall advise all parties whether oral argument is
to be heard , and if so , of the t i me and place therefore , and the
time to be allowed each side .
A request for postponement of the
argument or for allowance of additional time must be made by
motion filed reasonably in advance of the date fixed for
hearing .
[History :
Section 444.
PUBLIC LAW#
Order and Content of Argument
The
appellant
is
entitled
to
open
and
conclude
the
argument .
The opening argument shall include a fair statement
of the cause .
Counsel will not be permitted to read at length
from briefs , records or authorities .
[History :
Section 445 .
PUBLIC LAW#
Cross and Separate Appeals
A cross or separate appeal s hall be argued wi th the i nitial
appeal at a single argument , unless the Court otherwise directs .
If a case involves a cross - appeal , the plaintiff in the action
below shall be deemed the appellant for the purpose of this
Subchapter unless the parties otherwise agree or the Court
otherwise directs .
If separate appellants support the same
argument , care shall be taken to avoid duplication of argument .
[History :
Section 446.
PUBLIC LAW#
Non-Appearance of Parties
If the appellee fails to appear to present argument , the
Court will hear argument on behalf of the appellant , if present .
If the appellant fails to appear , the Court may hear argument on
behalf of the appellee , if his counsel is present .
If neither
party appears , the case will be decided on the briefs unless the
Court shall otherwise order .
[History :
PUBLIC LAW#
T 2 - CH 4 - 13
TITLE 2
APPELLATE PROCEDURE
Section 447.
§
Submission on the Briefs
By agreement of the parties , a case may be submitted for
decision on the briefs , but the Court may direct that the case
be argued .
[History :
Section 448.
PUBLIC LAW#
Use of Physical Exhibits at Argument; Removal
If physical exhibits other than documents are to be used at
the argument , counsel shall arrange to have them placed in the
courtroom before the Court convenes on the date of the argument .
After the argument counsel shall cause the exhibits to be
removed from the courtroom unless the Court otherwise directs .
If exhibits are not reclaimed by counsel within a reasonable
time after notice is given by the Clerk , they shall be destroyed
o r otherwi se disposed of as the Clerk shall think best .
[History :
Section 449 .
PUBLIC LAW#
When Hearing or Rehearing in Banc will be Ordered
A majority of the Justices of the Court who are in regular
active service may order that any motion or other proceeding be
heard or reheard by the Supreme Court in bane .
Such hearing or
rehearing is not favored and ordinarily will not be ordered
except :
(a ) when consideration by the full Court is
secure or maintain uniformity of its decisions , or
necessary
to
(b) when the proceedings involve a question of exceptional
importance .
[History :
Section 450.
PUBLIC LAW#
Suggestion of a Party for Hearing or Rehearing in
Banc
A party may suggest the appropriateness of a hearing or
rehearing in bane .
No response shall be filed unless the Court
shall so order .
The Clerk shall transmit any such suggestion to
the Justices of the Court who are in regular active service but
T 2 - CH 4 - 14
APPELLATE PROCEDURE
TITLE 2
§
a vote need not be taken to determine whether the cause shall be
heard or reheard in bane unless a Justice in regular active
service or the Justice who rendered a decision sought to be
reheard requests a vote on such a suggestion made by a party .
[History :
Section
451.
PUBLIC LAW#
Time for Suggestion
Rehearing in Banc:
Mandate
of a Party for Hearing or
Suggestion does not Stay
If a party desires to suggest that a motion or proceeding
be heard initially in bane , the suggestion must be made by the
date on which the appellee ' s brief is filed .
A suggestion for
rehearing a motion in bane must be made with i n ten ( 10) days
after notice of the decision of the Justice initially hearing
the motion .
The pendency of such a suggestion whether or not
included in a petition for rehearing shall not affect the
finality of the judgment of the Supreme Court or stay the
issuance of the mandate .
[History :
Sections 452-459.
PUBLIC LAW#
Reserved
T 2 - CH 4 - 15
TITLE 2
APPELLATE PROCEDURE
§
SUBCHAPTER C
JUDGMENT
Section 461 .
Entry of Judgment
The notation of a judgment in the docket constitutes entry
of the judgment .
The Clerk shall prepare , sign and enter the
judgment following receipt of the opinion of the Court unless
the opinion directs settlement of the form of the judgment , in
which event the Clerk shall prepare , sign and enter the judgment
following instruction from the Court .
The Clerk shall , on the
date judgment is entered , mail to all parties a copy of the
opinion , if any , or of the judgment if no opinion was written ,
and notice of the date of entry of the judgment .
[History :
Section 462.
PUBLIC LAW#
Interest on Judgments
Unless otherwise provided by law , if a judgment for money
in a civil case is affirmed , whatever interest is allowed by law
shall be payable for the date the judgment was entered in the
Tribal District Court .
If a judgment is modified or reversed
with a direction that a judgment for money be entered in the
Tribal District Court , the mandate shall contain instructions
with respect to allowance of interest .
[History :
s ·e ction 463.
PUBLIC LAW#
Damages for Delay
If the Supreme Court shall determine that an appeal if
frivolous , it may award the damages and single or double costs
to the appellee .
[History :
Section 464 .
PUBLIC LAW#
To Whom Costs Allowed
Except as otherwise provided by law ,
if an appeal is
dismissed , costs shall be taxed against the appellant unless
otherwise agreed by the parties or ordered by the Court ; if a
T 2 - CH 4 - 16
APPELLATE PROCEDURE
TITLE 2
§
judgment is affirmed , costs shall be taxed against the appellant
unless otherwise ordered ; if a judgment is reversed , costs shall
be taxed against the appellee unless otherwise ordered ; if a
judgment is affirmed or reversed in part , or is vacated , costs
shall be allowed only as ordered by the Court .
[History :
Section 465.
PUBLIC LAW#
Costs for or Against the Tribe
In cases involving the Tribe or an agency or officer
thereof , if an award of costs against or for the Tribe is
authorized
by
Tribal
statute ,
costs
shall
be
awarded
in
accordance with provisions of Section 464 , otherwise , costs
shall not be awarded against the Tribe or its agencies or
officers in their official capacity , provided that cost shall be
awarded as a matter of course against a criminal defendant when
conviction is affirmed .
[History :
Section 466.
PUBLIC LAW#
Costs of Briefs, Appendices, and Copies of Records
Unless otherwise provided by Tribal statute or Court rule ,
the cost of printing , or otherwise producing necessary copies of
briefs , appendices , and copies of records shall be taxable in
the Supreme Court at rates not higher than those generally
charged for such work within the jurisdiction of the Tribe .
[History :
Section
467.
PUBLIC LAW#
Bill of Costs; Objections;
Mandate or Added Later
Costs
Inserted
in
A party who desires such costs to be taxed shall state them
in an itemized and verified bill of costs which he shall file
with the Clerk , with proof of service , within fourteen (14) days
af ter the entry of j udgmen .
Objection s to the bill o f costs
must be filed within ten ( 10) days of service on the party
against whom costs are to be taxed unless the time is extended
by the Court .
The Clerk shall prepare and certify an itemized
statement of costs taxed in the Supreme Court for insertion in
the mandate , but when the mandate has been issued before final
determination of costs , the statement , or any amendment thereof ,
T 2 - CH 4 - 17
TITLE 2
APPELLATE PROCEDURE
§
shall be added to the mandate upon request by the Clerk of the
Supreme Court to the Clerk of the Tribal District Court .
[History :
Section
468.
PUBLIC LAW#
Costs on Appeal
Court
Taxable
in
the
Tribal
District
Costs incurred in preparation and transmission of the
record , the cost of the reporter ' s transcript , if necessary for
the determination of the appeal , the premiums paid for cost of
supersedeas bonds or other bonds to preserve rights pending
appeal , and the fee for filing the notice of appeal shall be
taxed in Tribal District Court as costs of the appeal in favor
of the party entitled to costs under this Title.
[History :
Section 469.
PUBLIC LAW#
Petition for Rehearing
(a ) Time for Filing, Content, Answer, Action by Court.
A
petition for rehearing may be filed within fourteen ( 14 ) days
after entry of judgment unless the time is shortened or enlarged
by order
of
the
Court .
The
petition
shall
state
with
particularity the points of law or fact which in the opinion of
the petitioner the Court has overlooked or misapprehended and
shall contain such argument in support of the pet i t i on as the
petitioner desires to present .
Oral argument in support of the
petition will not be permitted except upon the Court ' s own
motion .
No answer to a petition for rehearing will be received
unless requested by the Court , but a petition for rehearing will
ordinarily not be granted in the absence of such a request .
If
a petition for rehearing is granted the Court may make a final
disposition of the cause without reargument or may restore it to
the calendar for reargument or submission or may make such other
orders as are deemed appropriate under the circumstances of the
particular case .
(b ) Form of Petition; Length .
The petition shall be in a
form prescribed by Section 429 , and copies shall be served and
filed as prescribed by Section 427 for the service and filing of
briefs .
Except by permission of the Court , a petition for
rehearing shall not exceed fifteen ( 15) pages .
[History :
PUBLIC LAW#
T 2 - CH 4 - 18
TITLE 2
APPELLATE PROCEDURE
Section 470.
§
Issuance of Mandate
The mandate of the Court shall be issued twenty - one ( 21)
days after the entry of judgment unless the time is shortened or
enlarged by order .
A certified copy of the judgment and a copy
of the opinion of the Court , if any , and any direction as to
costs shall constitute the mandate , unless the Court directs
that a formal mandate issue .
The timely filing of a petition
for rehearing will stay the mandate until disposition of the
petition unless otherwise ordered by the Court .
If the petition
is denied , the mandate shall issue seven (7) days after entry of
the order denying the petition unless the time is shortened or
enlarged by order .
[History :
Section 471 .
PUBLIC LAW#
Voluntary Dismissal
(a) Dismissal in the Tribal District Court.
If an appeal
has not been docketed , the appeal may be dismissed by the Tribal
District Court upon the filing in that Court of a stipulation
for dismissal signed by all the parties , or upon motion and
notice by the appellant .
(b) Dismissal in the Supreme Court .
If the parties to an
appeal or other proceeding shall sign and file with the Clerk of
the Supreme Court an agreement that the proceeding be dismissed ,
specifying the terms as to payment of costs , and shall pay
whatever fees are due , the Clerk shall enter the case dismissed ,
but no mandate or other process shall issue without an order of
the Court.
An appeal may be dismissed on motion of the
appellant upon such terms as may be agreed upon by the parties
or fixed by the Court .
[History :
Section 472.
PUBLIC LAW#
Substitution of Parties
Death of a Party.
If a party dies after a notice of
appeal is filed or while a proceeding is otherw ise pending in
the Supreme Court , the personal representative of the deceased
party may be substituted as a party of motion filed by the
representative or by any party with the Clerk of the Court .
The
motion of a party shall be served upon the representative in
accordance with the provisions of Sections 402 , 403 , and 404 .
( a)
T 2 - CH 4 - 19
TITLE 2
APPELLATE PROCEDURE
§
If the deceased party has no representative , any party may
suggest the death on the record and proceedings shall then be
had as the Supreme Court may direct .
If a party against whom an
appeal may be taken dies after entry of a judgment or order in
the Tribal District Court but before a notice of appeal is
filed , an appellant may proceed as if death had not occurred .
After the notice of appeal is filed substitution shall be
effected in the Supreme Court in accordance with this Section .
If a party entitled to appeal shall die before filing a notice
of appeal , the notice of appeal may be filed by his attorney of
record within the time prescribed by this Title .
After the
notice of appeal is filed substitution shall be effected in the
Supreme Court in accordance with this Section .
If substitution of a
party in the Supreme Court is necessary for any reason other
than death , substitution shall be effected in accordance with
the procedure prescribed in subsection (a) .
(b)
Substitution
for
Other
Causes.
(c)
Public Officers; Death or Separation from the Office.
When a public officer is a party to an appeal or
other proceeding in the Supreme Court in his official
capacity
and
during
its
pendency
dies ,
resigns ,
or
otherwise ceases to hold office , the action does not abate
and his successor is automatically s ub stit uted as a party .
Proceedings following the substitution shall be in the name
of the substituted party , but any misnomer not affection
the substantial rights of the parties shall be disregarded .
An order of substitution may be entered at any time , but
the omission to enter such an order shall not affect the
substitution .
( 1)
( 2) When a public officer is a party to an appeal or
other proceeding
in his off i cial capacity he may be
described as a party by his official title rather than by
name ; but the Court may require that his name be added .
[History :
Section
473.
PUBLIC LAW#
Cases Involving Cons ti tu tional or Indian Civil
Rights Act Questions Where the Tribe is not a
Party
It shall be the duty of a party who draws in question the
constitutionality (or unlawfulness under the In dian Civil Rights
T 2 - CH 4 - 20
APPELLATE PROCEDURE
TITLE 2
§
Act of 1968 ) of any statute , ordinance , or other action of the
Tribal Legislative Body in any proceeding in the Supreme Court
to which the Tribe , or any agency , officer , or employee thereof
in their official capacity is not a party , upon the filing of
the record , or as soon thereafter as the question is raised in
the Supreme Court , to give immediate notice in writ i ng to the
Court of the existence of said question .
The Clerk shall
thereupon certify such fact to the Attorney General and/or
Tribal Prosecutor who may intervene upon such question upon
motion .
[History :
PUBLIC LAW#
T 2 - CH 4 - 21
--
TITLE 2
APPELLATE PROCEDURE
§
ATTORNEY AND LAY ADVOCATE RULES
Rule 101:
Admission to the Bar
(a ) Roll of Attorney and Lay Advocates.
The Bar of this
Court
shall consist of those attorneys and lay advocates
heretofore and those hereafter admitted . to practice before this
Court , who have taken the oath prescribed by this rule , and have
signed the roll of attorneys of this Court .
(b ) Procedure for Admission.
There is hereby constituted a
Committee on Admissions and Grievances consisting of three
members of the Bar of this Court , to be appointed by the Court .
Every applicant for admissions shall file with the Clerk , on a
form prescribed by the Court , a written petition for admission ,
which
shall
be
referred
immediatel y
to
the
Committee
on
Admissions
and
Grievances
f or
investigation
into
the
qualifications of the applicant and his fitness to be admitted
to the Bar of this Court .
The Comm i ttee shall report its
recommendations in writing to the Clerk of this Court .
Upon a
favorable rep ort of the Committee , filed with the Clerk , the
applicant , if an attorney , may be admitted .
Lay Advocates shall
be adm i tted upon examination as de s crib e d b e low .
An applicant
for admission , who has qualified for admis s ion , may appear at
any session of Court during its term and be admitted by taking
the oath of attorney in open Court upon motion of any member of
the Bar of this Court .
It is desired that the procedure for admission by the
Committee include a Tribal practice prog r am which is designed to
acquaint the applicants with pertinent aspects of practice in
t_his Court , emphasizing the Tribal law and Tribal Court Rules .
It is anticipated that this program would be held in the
ceremonial
courtroom ,
and
would ,
if
possible ,
include
presentations by Court officials and judicial officers .
The
Court will endeavor to set aside a portion of one day at the
beginning of each term of a Tribal practice program which should
be attended by those expecting to be admitted during that term
unless
such
attendance
would
create
a
hardship
for
the
prospecti v e admittee .
Indi victual Justice s may , from time to time , in emergent
situations upon special request admit indi vidu al lawyers who
have been approved by the Committee .
Before being admitt e d as a
member of the Bar of this Court each applicant shall take and
s u bscribe to t h e oath shown in Exhibit I t o these rules .
T 2 - APPENDIX - 1
TITLE 2
APPELLATE PROCEDURE
§
(c) El i gibility .
Any member in good standing of the Bar of
the Supreme Court of the United States , or of any United States
Court of Appeals , or of any District Court of the United States ,
or any person appointed as Tribal Justice , Judge , or magistrate ,
or a member in good standing of the Bar of the highest court of
any Indian Tribe or State of the United State s , is eligible for
admission to the Bar of this Court .
Any member of a federally recognized Indian Tribe shall be
eligible for admission as a lay advocate upon successfully
taking a
comprehensive examination on the
laws and rules
applicable in the Tribal Court , which examination shall be
promulgated by the Admissions Committee with the approval of the
Court , and administered by the Admissions Committee at least
once each year or at such other intervals as may be ordered by
the Court .
Upon receiving a passing score on the examination
and showing their moral fitness to practice law , such persons
should receive a favorable report from the Admissions Committee
and be admitted to practice law in this Court and all inferior
Tribal Courts .
Thereafter , such lay advocates shall be held to
the same standards , be entitled to the same rights , privileges ,
obligations , and duties , and be accorded all the honors to the
same extent as any attorney admitted to practice before the
Courts of the Tribe within thi s reservation .
(d) Reciprocity.
Any attorney who shal l have been admitted
to practice in any Federal Court within this State may be
admitted to practice in this Court upon the motion of a member
of the Bar ,
in open Court ,
and the filing of a written
application without
the
necessity of appearing before the
Admissions Committee .
Attorneys who are
(e) Attorneys for the United States.
employed or retained by the United States or its agencies may
practice in this Court in all cases or proceedings in which they
represent the United States or such agencies .
(f )
Admission
of
Non-Resident
Attorney
for
Limited
Practice .
Any member of the Bar of the Supreme Court of the
United States , or any United States Court of Appeals , or of any
District Court of the United States , or of the highest Court of
any Indian Tribe or State of the United States , who is a non resident of the State may be admitted to the Bar of this Court
for
limited
practice
upon
oral
application
and
without
compliance with subsection (b) hereof .
Limited practice shall
T 2 - APPENDIX - 2
TITLE 2
APPELLATE PROCEDURE
§
be restricted to appearance and practice in a case o r proceeding
then on file in the court .
(g) Temporary Admission.
Any attorney who appears eligible
for admission to the Ba r of this Court may in the discretion of
a Judge of the District Court of Justice of this Court be
granted temporary admission to practice in a pending case .
(h)
Withdrawal
from
Case.
In
any
actio n ,
wher ein
appearance is made throug h counsel , there shall be no withdrawal
by counsel except by lea ve of Court upon reasonable notice to
the client and all other parties who have appeared in the case .
Withdrawal of counsel may be granted subject to the condition
that subsequent papers may continue to be served upon the
counsel for forwarding purposes or upon the Clerk of the Court ,
as the Court may direct , unless and unt i l the client appears by
other counsel or in propria persona , and an y n ot i ce to t he
client shall so state and any filed consent o f the client shall
so acknowledge .
( i ) Discipline.
Any member of the Bar of this Court guilty
of a viol ati on o f t he prescribed oath of office , or of a
v iolati on of the disciplinary rules set forth in the Code of
Profes s ional Responsibility of the American Bar Association , or
of any conduct unbecoming a member of the Bar of this Court ,
shall be subject to reprimand , suspension , disbarment , or such
other disciplinary action as the Court deems appropriate .
( j) Summary Discipline.
For misconduct in the presence of
the Court , an ord er may issue forthwith administering such
discipline as the Court deems appropriate , including a fine not
to exceed five hundred dollars ( $500 . 00) or confinement not to
e_xceed ten ( 10) days , but summary discipline shall not include
the right of the Court to suspend or disbar the offending lawyer
from
practicing
in
this
Court .
An
attorney
summarily
disciplined as here in provided may appeal any punishment imposed
hereunder t o the Supreme Court , or if summary discipline is
administered by a Justice , to the remaining Justices of the
Court sitting en bane .
The Justice or Judge administering the
discipline shall not sit in the hearing of such an appeal .
In
order to allow suc h an appeal the discipline imposed will , upon
request of the attorney , and by his posting a supersedeas bond
in a reasonable amount t o be fixed by the Court , be stayed f or
seven ( 7) days to allow such attorney to perfect an appeal .
If
no written appeal be filed wit hin said seven (7) days , the
punishment so imposed shall be forthwith administered unless in
the interim the Judge or Ju stice imposing same has rescinded or
T 2 - APPENDIX - 3
TITLE 2
APPELLATE PROCEDURE
§
modified his original action .
Nothing herein provided
intended to preclude the right to the disciplined attorney
appeal direct to the Supreme Court .
is
to
(k) Conviction; Discipline in Other Courts.
Any member of
the Bar of this Court convicted in either federal , state , or
tribal court of a fel ony or other crime punishable by banishment
or in volving moral turpitude ,
and any member disbarred or
suspended from practice in any Court of competent jurisdiction ,
shal l be suspended automatically from practice in this Court and
may be reinstated only on written application showing cause why
he should be reinstated , excepting however that in the event the
discipline imposed in the other jurisdiction has been stayed
there the discipline imposed in this Court shall likewise be
deferred until such stay expires in the other jurisdiction .
And
provided further however that in the event a member of the Bar
of this Court is disciplined in some other jurisdiction and this
Court determines upon the face of the record upon which the
discipline in another jurisdiction is predicated it clearly
appears :
1.
that the procedure was so lacking in notice or
opportun ity to be heard as to constitute a deprivation of
due process ;
2.
that there was
such an infirmity of proof
establishing the misconduct as to give rise to the clear
conviction that the Court could not , consistent with its
duty , accept as final the conclusion on that subje ct ; or
3.
that the imposition of the same discipline by the
Court would res ult in grave injustice ; or
4.
that the misconduct established is deemed by the
Court to warrant substantially different discipline ,
then and in either of such events said attorney
automatically similarly disciplined in this Court .
shall
not
be
An attorney of this Bar who is under investigation for
misconduct , or who is facing disbarment proceedings in any Court
of competent jurisdiction , who resigns from the Bar of the
investigating
jurisdiction ,
or who voluntarily permits his
lice nse to practice therein to terminate , shall be , by this
Court , deemed to have been disbarred in the o ther jurisdiction
and shall forthwith be disbarred from practicing in this Court .
T 2 - APPENDIX - 4
TITLE 2
APPELLATE PROCEDURE
§
( l) Disciplinary Procedures.
Proceedings to discipline a
member of the Bar of this Court , except as set forth in
paragraphs ( j) and ( k ) hereof , s hall b e upon an order to show
cause issued by the Court, reciting the charges and fixing
notice of the date of hearing (which shall not be less than
thirty ( 30 ) days from the date of the notice) , and reciting the
place of the hearing and suc h hearing procedures as may be
reas onable and consistent with due process .
Notice to the
attorney shall be made by personal service or by registered or
certified mail , addressed to the respondent - attorney at his last
known address .
The Court may , in its discretion , refer any Bar
disciplinary
matter
to
its
Committee
on
Admissions
and
Grievances for proper i nvestigation and recommendation to the
Court , either before or after issuance of an order to show
cause.
The recommendation of the Comm ittee on Admissions and
Grievances , if same suggests disbarment or suspension , shall not
be adopted until
the procedure
set
forth above has been
followed.
Any attorney disbarred or suspended pursuant to these
rules may apply to
the Court
for
leave to petition for
reinstatement .
Rule 102:
Appearance of Counsel and Withdrawal of Counsel
(a) Appearance.
Any attorney appearing for a defendant in
a civil or criminal case shall enter his appearance by signing
and fili ng a pleading or by entry o f appearance on a form
prescribed by the Clerk of this Court .
In the event a plaintiff
should change counsel or add additional counsel , the new or
additional counsel for such plaintiff shall enter his appearance
on a form to be provided by the Clerk for that purpose .
Counsel
of record in any case shall be permitted to withdraw conformably
t.o Rule 101 ( h) only by order of the judge to whom the case is
assigned .
(b)
Certificate of Familiarity with Local Court Rules.
Every person ,
upon entering an appearance in any case of
proceeding in the Court , or upon first tendering for filing any
pleading or paper therein , shall be required to certify that
such person has received , read and is familiar with the current
Rules of this Court , specifically including all of the most
recent published amendments to them .
Such certification shall be required before any such entry
of appearance , pleading or paper sha ll be filed by the Clerk ,
provided however , for good cause sh own , the Clerk may in his
discretion recei v e and file any such matter on condition that
T 2 - APPENDIX - 5
APPELLATE PROCEDURE
TITLE 2
the required certificate be filed within ten
most recent published amendments t o them .
The same
other
person
proceeding .
§
( 10 )
days
of
the
certification shall also be required of every
in
such
cause
or
thereafter
participating
The
Clerk
shall
keep
a
master
file
of
all
such
certificates .
Once a person has so certified his familiarity ,
he shall not be required to do so in subsequent cases unless
required by order of the Court .
A judge of this Court may
authorize the Clerk to waive the requirement as to certain
persons or categories of persons when such will best serve the
administration of justice .
Rule 103:
Courtroom Decorum
(a ) The Canon of Professional Ethics were adopted by the
American Bar Association and this Court as a general guide ,
because
as
stated
in
the
preamble
of
the
American
Bar
Association Canons , "No code or set of rules can be f ramed ,
which will particularize all the duties of the lawyer in the
varying phases of litigation or in all the relations of
professional life ."
The preamble further admon i shes that "the
enumeration of particular duties should not be construed as a
denial of the existence of others equally imperative , though not
specifically mentioned ."
In that spirit , all lawyers should
become familiar with their duties and obligations as defined and
classified generally in the Canons , the common law decisions ,
the statutes and the usages , customs , and practic e of the Bar of
this Court .
These Canons , and the statutes and common law of
the Tribe relating to attorney conduct , are applicable to all
attorneys and lay advocates who practice before this Court .
(b ) The purpose of this rule is to emphasize , not to
supplant ,
certain
portions
of
those
ethical
principles
applicable to the lawyer ' s conduct in the courtroom .
In
addition to all other requirements , therefore , lawyers appearing
in this Court shall :
1.
Be punctual in attendance at Court .
2 . Refrain from addressing one another in Court by
their first names .
T 2 - APPENDIX - 6
TITLE 2
APPELLATE PROCEDURE
§
3.
Refrain from leaving the courtroom while Court is
i n session , unless it is absolutely necessary , and then
only if the Court ' s permission has been obtained .
4.
See that only one of them is on his feet at a time
unless an objection is being made .
5.
Ref rain from approaching jurors who have completed
a case unless authorized by the Court .
6.
Avoid approaching the bench as much as possible .
In
this
connection ,
counsel
should
try
to
anticipate
questions which will arise during the trial , and take them
up with the Court and opposing counsel in chambers .
If
however , it becomes necessary for an attorney to confer
with the Court at the bench~ the Court ' s permission should
be obtained , and opposing counsel should be openly invited
to accompany him.
7.
Refrain from employing dilatory tactics .
8.
Deliver jury arguments from the lectern placed in
a proper pos i tion facing the jury .
If it is necessary to
argue from an exhibit , the Court will , upon request , grant
perm i ssion to do so .
9.
Hand all papers intended for the Court to see
the Clerk , who , in turn will pass them up to the Judge .
to
10 . Hand to the Clerk , rather than the Court Reporter ,
any exhibits to be marked which have not previously been
identified.
11.
persons
Court .
Advise clients , witnesses , and other interested
concerning rules of decorum to be observed in
12 .
Stand and use the lectern when interrogating
witnesses ,
unless
otherwise
instructed
by
the
Court .
However , when interrogating a witness concerning an exhibit
the Court may , upon request , grant permission to approach
the witness stand or the exhibit , as the case may be , for
that purpose .
13 . Never conduct or engage in experiments involving
any use of their own persons or bodies except to illustrate
in argument which has been previously admitted in evidence .
T 2 - APPENDIX - 7
APPELLATE PROCEDURE
TITLE 2
§
14 . Not conduct a trial when they know , prior thereto ,
that they will be necessary witnesses , other than as to
merely formal matter such as identification or custody of a
document or the like.
If , during the trial , the y discover
that the ends of justice require their testimony , they
should from that point on , if feasible and not prejudicial
to their client ' s case , leave further conduct of the trial
to
other
counsel .
If
circumstances
do
not
permit
withdrawal from the conduct of the trial , lawyers should
not argue the credibility of their own testimony .
15 . Avoid disparaging personal remarks or acrimony
toward oppos ing counsel and remain wholly uninfluenced by
any ill - feeling between the respective clients.
They
should abstain from any allusion to personal peculiarities
and idiosyncrasies of opposing counsel .
16 .
Court .
Rise
when
addressing ,
or
being
addressed
by
the
17 . Refrain fr om assuming an undignified posture .
They should always be attired in a proper and dignified
manner as befits an officer of the Judicial Branch of the
Government and should abstain fr om any apparel or ornament
calculated to attract attention t o themselves.
18 . Comply ,
along with
courtroom , wi t h the following :
( i) No tobacco
any time .
all
othe r
persons
in
the
in any form will be permitted at
( ii ) No propping of feet on tables or chai rs will
be permitted at any time .
(iii) No bottles , beverage containers ,
or edibles should be brought into the
except with permission of the bailiff .
paper cups
courtroom ,
(iv) No gum chewing or reading of newspapers or
magazines (except as a part of the evidence in a case)
will be permitted while Court is in session .
(v) No talking or other unnecessary . noises
be permitted while Court is in session .
T 2 - APPENDIX - 8
will
TITLE 2
APPELLATE PROCEDURE
§
(vi ) Everyone must rise when instructed to do so ,
upon opening , closing , or declaring recesses of Court .
(vii ) All mal e lawy ers and male Court personnel
mu st wear both coats and ties ; women lawyers and women
Court personnel must be suitably atti re d .
(viii )
Any
attorney
who
appears
in
Court
intoxicated or under the influence of intoxicants ,
drugs or narcotics may be summarily held in contempt .
Rule 104:
Attorney Conference with Respect to Discovery Motion
With respect to all motions or objections relating to
discovery , the Tribal District Court shall refuse to hear any
such motion or objection unless counsel for the mo v ant shall
first advise the Court in writing that he has conferred in good
faith with opposing counsel , but that , after a sincere attempt
to resolve differences has been made , the attorneys have been
unable to reach an accord .
Rule 105:
Free Press - Fair Trial
(a ) It is the duty of the lawyer or law firm not to rel ease
or authorize the release of information or opinion which a
reasonable person would expect to be disseminated by any means
of public communication , in connection with pending or imminent
criminal litigation with which a lawyer or a la w firm is
associated ,
if there is a reasonable likelihood that such
dissemination will interfere with a fair trial or otherwise
prejudice the due administration of justice .
(b ) With respect to a pending investigation of any criminal
matter ,
a
la wyer participating in o r
associated with the
investigation
shall
refrain
from
making
any
extrajudicial
statement
which
a
reasonable
person
would
expect
to
be
disseminated , by any means of public communication , that goes
beyond the public record or that is not necessary to inform the
public that the in v estigation is underway , to describe the
general scope of the investigation , to obtain assistance in the
apprehension of a suspect , to warn the public of any dangers , or
otherwise to aid in the investigation .
T 2 - APPENDIX - 9
APPELLATE PROCEDURE
TITLE 2
§
(c) From the time of arrest , issuance of an arrest warrant
or the filing of a criminal complaint in any criminal matter
until the commencement of trial or disposition without trial , a
lawyer or law firm associated with the prosecution or defense
shall not release or authorize the release of any extrajudicial
statement
which
a
reas o nable
person
would
expect
to
be
disseminated by any means of public communication , relating to
that matter and concerning :
( 1 ) The prior criminal record
( including arrests ,
indictments , or other charges of crime) , or the character
or reputation of the accused , except that the lawyer , or
law firm may make a factual statement of the accused ' s
name , age , residence , occupation , and family stat us and , if
the accused has not been apprehended , a lawyer associated
with the prosecution may release any information necessary
to aid in his apprehension or to warn the public of any
dangers he may present ;
(2)
The existence or contents of any confession ,
admission ,
or statement given by the accused ,
or the
refusal or failure of the accused to make any statement ;
The performance
accused ' s
refusal
the
examination or test ;
(3 )
of
or
any examinations or tests
failure
to
submit
to
or
an
The
identity ,
testimo ny ,
or
credibility
of
prospective witn esses , except that the lawyer or law firm
may announce the identity of the victim if the announcement
is not otherwise prohibited by law ;
( 4)
(5) The possibility of a plea of guilty to the offense
charged or a lesser offense .
or as
case .
(6) Any opinion as to the accused ' s guilt or innocence
to the merits of the case or the evidence in the
(d ) The foregoing shall not be construed t o preclude the
lawyer or law firm during this period , in the proper discharge
of
his
or
its
official
or professional
obligations ,
from
announcing the fact and circumsta nces of arrest ( including time
and place of arrest , resistance , pursuit , and use of weapons ) ,
the identity of the investigating and arresting officer or
agency , and the length of the investigation ; from making an
announcement , at the time of seizure of any physical evidence
T 2 - AP PEN DIX - 10
TITLE 2
APPELLATE PROCEDURE
§
other than a confession ,
admission or statement ,
which is
limited to a description of the evidence seized ; from disclosing
the nature , substance , or text of the charge , including a brief
description of the offense charged ; from quoting or referring
without comment to public records of the Court in the case ; from
announcing the scheduling or result of any stage in the judicial
process ; from requesting assistance in obtaining evidence ; or
from announcing without further comment that the accused denies
the charges made against him .
(e ) During a jury trial on any criminal matter , including
the period of selection of the jury , no lawyer or law firm
associated with the prosecution or defense
shall give or
authorize any extrajudicial statement or interview relating to
the trial or the parties or issues in the trial , which a
reasonable person would expect to be disseminated by means of
public communication if there is a reasonable likelihood that
such dissemination will interfere with a fair trial , except that
the lawyer or law firm may quote from or refer without comment
to public records of the Court in the case .
(f)
Nothing in this Rule is intended to preclude the
formulation or application of more restrictive rules relating to
the release of informa ti on about juvenile or other offenders , to
preclude the holding of hearings or the lawful issuance of
reports by legislative , administrative , or investigative bodies ,
or to preclude any lawyer from replying to charges of misconduct
that are publicly made against him .
(g) All Court supporting personnel , including among others ,
Tribal and Bureau of Indian Affairs Police and their deputies ,
marshals , deputy marshals , court clerks , deputy court clerks ,
b_ailif f s ,
court
reporters
and
employees
or
subcontractors
retained by the court - appointed official reporters , are hereby
prohibited from disclosing to any person , without authorization
by the Court , information relating to a pending criminal case
that is not a part o f the public records of the Court .
Such
personnel
are
also
forbidden
from
divulging
information
concerning in camera arguments and hearings held in chambers or
otherwise outside the presence of the public .
(h) In a widely publicized or sensational civil or criminal
case , the Court , on motion of either party or on its own motion ,
may
issue
a
special
order
governing
such
matte rs
as
extrajudicial statements by parties and witnesses likely to
interfere with the rights of the accused to a fair trial by an
impartial jury , the seating and conduct in the courtroom of
T 2 - APPENDIX - 11
APPELLATE PROCEDURE
TITLE 2
§
spectators and news media representatives , the management and
sequestrati on of jurors and witnesses , and any other matters
which t he Cou rt may deem appropriate for inclusion in such an
o rder.
Such a special orde r may be addressed to some or all of the
following subjects :
( 1 ) A proscripti o n of extrajudicial stat ements by
participants in the trial
(including lawyers ,
parties ,
witnesses , jurors , and court officials) which might di vulge
prejudicial matter not of public record in the case .
(2)
Specific directives regarding the clearing of
entrance s to and hallways in the courthouse and respecting
t he management of the jur y and witnesses during the course
of the trial , to avoid their mingling with or being in the
proximity of reporters , photographers , parties , lawyers and
others , both in entering and lea ving the c ourt room or
courthou se and dur ing recesses in the trial .
( 3) A specific direction that the jurors refrai n from
reading , listening to , o r watching new reports concerning
the case , and that they similarly refrain fr om discu ssi ng
the
case
with
an yon e
d u ring
the
trial
and
from
communicat ing with othe rs
in any manner during their
deliberations.
( 4 ) Sequestration
party o r by the Court ,
of the movant .
o f the jury on motion of either
without disclosure of the identity
(5) Direction that the names and addresses of jurors
or prospective jurors not be publicly released except as
required by the Tribal Court , and that no photograph be
take n or sketch made of any juror within the environs of
the Court .
(6)
Insulation o f witnesses during the trial .
(7 )
Specific provisions
regarding the
seating
spectat o rs and representatives of new s media , incl uding :
of
(i ) An o rder that no member of the public or news
media representati ve be at any time permitted within
the bar railing ;
T 2 - APPENDIX - 12
TITLE 2
APPELLATE PROCEDURE
§
(ii)
The
allocation of
seats
to
news media
representatives in cases where there are an excess of
requests , taking into account any pooling arrangement
that may have been agreed to among the newsmen .
(i )
The
taking
of photographs
and operat i on of tape
recorders
in the
courtroom or
its
environs
and radio or
television broadcasting from the courtroom or its environs
during
the
progress
of
or
in
connection
with
judicial
proceedings ,
including
proceedings
before
a
Tribal
judge ,
whether or not Court is actually in s ession , is prohib i ted .
A
Judge may , however , permit :
(1) the use
the presentation
record ,
of electronic or photographic means for
of evidence or the perpetuation of a
(2)
the
broadcasting ,
televising ,
recording ,
or
photographing
of
investigat i ve ,
ceremon i al ,
or
similar
proceedings , and
( 3) the use of el e ctronic or photographic equipment
including
recording
apparatus
by
tribal
officers
or
employees in the regular course of their business within
their normal area of op e ration within t he Courthou s e when
such will not interfere with the trial of the ca s e .
( j) As used in th i s Rule the term " environs " means any
place in or near the tribal courtroom , o r within the building in
which the tribal courtroom is situated .
Rule
106:
Plan of the Tribal Court
Indigent Defendants.
for
the Representation
of
(a) For Whom Appointed.
As designated and provided by the
Tribal Court for Criminal defendants , and pa r ents , and children
in child custody actions when such persons are found to be
financially unable to obtain adequate r epresentation , and free
representation is available , or when the Court has adequate
funds , not otherwise obligated , to pay for such representation .
(b) Appointed Panel.
Private attorneys will be appointed
by the Judges of this Court .
Said appointments shall be made on
a rotational bases , subject to the Court ' s d is cretion to make
exceptions due to the natur e and comp l exity of the case , an
attorney ' s
experience ,
and
geographical
considerations .
T 2 - APPENDIX - 13
TITLE 2
APPELLATE PROCEDURE
§
Periodically as necessary , the panel will be republished by the
Judges of this Court .
If sufficient attorneys volunteer to be
placed on this panel to satisfy the needs of the Court for
representation of indigent persons and children , other attorneys
may be excused from service on the panel , provided , that the
Court may still request the assistance of such attorneys if
necessary or useful to the Court .
(c)
Pay .
Appointees
may
be
compensated
at
a
rate
determined by a Judge of this Court but not to exceed $30 . 00 per
hour for time expended in court and $20 . 00 per hour for time
expended out of the court in addition to reasonable expenses as
determined by a Judge of this Court as the Court budget and
court fund will allow .
The compensation for legal services
shall
not
exceed one
thousand dollars
( $1 , 000 . 00)
for
an
attorney in a case in which a crime punishable by banishment is
charged , or in termination of parental rights cases , including
all representation before the Supreme Court through appeal of
the case , and shall not exceed four hundred dollars ( $400 . 00)
for an attorney in a case in which a misdemeanor is charged
including all representation before the Court th r ough appeal of
the case .
Compensation in post - conviction cases , probation and
parole revocation hearings and material witness matters shall
not in any event exceed two hundred and fifty dollars ($250 . 00)
per attorney per case .
In all events , the compensation paid
shall be in that amount approved by a Judge of this Court .
(d) Claims.
Standard forms shall be used throughout and
claims for legal comp e nsation and expenses and for services
other than counsel shall be submitted within forty - five (45)
days after services are completed .
(e)
Obligation of Court-Appointed Counsel
to Disclose
Client ' s Assets.
If at any time after appointment , counsel
obtains information that a client is financially able to make
payment , in whole or in part , for legal or other services in
connection with his or her representation , and the source of the
attorney ' s
information
is
not
protected
as
a
privileged
communication , counsel s hall advise the Court .
(f)
Refusal to Represent Indigents .
An attorney who
neglects or refuses to ser ve as counsel for an indigent or child
in this Court when duly appointed so to do by either a Judge or
a Magistrate may have his name removed from the list of those
admitted to practice law in this Court ,
provided ,
that no
attorney shall be required , without his consent , to represent
more than one person each calendar year without receiving
T 2 - APPENDIX - 14
TITLE 2
APPELLATE PROCEDURE
§
compensation therefore as provided in paragraph (v ) of this
rule .
For good cause shown , the Court may excuse an attorney
from an appointment al though such action is not favored .
No
Government att o r ney shall be appointed in any such cases .
Fees
(g )
Persons Obligated to Refund Court Fund for Attorney
or Pay Attorneys.
Every indigent person, and the parents
of every child , for whom a court appointed attorney is obtained ,
shall be liable to the Tribe for all sums paid to their court
appointed counsel as fees and expenses in the action , or all
sums which the court , upon motion of appointed counsel , taxes
against that person as the fair c o st of such representation at
the conclusion of the case , which amount shall not exceed the
amount which the court would ha v e paid from the Court fund or
Court budget if funds for payment had been available .
This
liability may be enforced, by motion filed in the case by the
parties
attorney,
the Tribal Attorney ,
or Tribal
District
Attorney , at any time after the amount of s uch attorneys fees
and costs have been set by the Court , and process may be issued
as in civil cases to enforce this liability .
All amounts
recovered shall be repaid into the Court fund or Court budget ,
and if the attorney has not received payment for his fees and
co sts, the Clerk o f the Court shall forthwith pay over to the
attorney such amounts as he is entitled to pursuant to the order
of the Court setting the attorney fees and costs .
T 2 - APPENDIX - 15
APPELLATE PROCEDURE
TITLE 2
§
OATH OF ADMISSION TO PRACTICE LAW
ATTORNEY OATH
I , ________________ , do solemnly swear / affirm that I
will support and defend the Constitution and laws of the Sac and
Fox Nation of Missouri .
I will maintain the
Judicial Officers .
respect
due
to
Courts
of
Justice
and
I will not counsel or maintain any suit or proceeding which
shall appear to me to be unjust, nor any defense , except such as
I believe to be honestly debatable under the laws of this
Nation .
I will employ for the purpose 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 of fact or law .
I
will maintain the confidence and preserve in v iolate the
secrets o f
my client and will accept no compensat i on in
connection with hi s business except from him or with his
knowledge and approval.
I will abstain from all offen sive personality , and advance no
fact prejudicial to the honor or reputati on of a party or
witness , unless required by the justice of the cause with which
I am charged .
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 .
SO HELP ME GOD -- I HEREBY AFFIRM AND PROMISE
Attorney ' s Signature
Attested by :
this
day of
- - - - - - -- - - - -
, 20
Approved :
T 2 - EXHIBIT S - I
TITLE 2
APPELLATE PROCEDURE
§
ADVOCATE OATH
I' - - - - - - - - - - - - - -- - - , do solemnly s wear/aff irm that :
I will support the Constitution of the Un ited States, and the
Constitution of the Sac and Fox Nation .
I will maintain the
respect due to Courts of Justice and judicia l officers .
I will be bound by the Code of Professional Resp onsibility of
the
American
Bar Association
and will
conduct
myself
in
compliance therewith at all times .
I will not counsel or maintain any suit or proceeding which
shall appear to me to be unjust , nor any defense except such as
I believe to be honestly debatable under the law.
I will employ for the purpose of maintaining the causes 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 of fact or law .
I ·will maintain the confidence and preserve inviolate the
secrets of my client ,
and will accept no compensation in
connection with a client ' s business except from the client or
with the client 's knowledge and approval .
I will ab st ain from all offensive personalities , and advance no
facts pr_ejudicial to the honor or reputation o f a party or a
witness , unless required by the justice of the cause with which
I am charged .
I will never reject , for any consideration personal to myself ,
the cause of the defenseless or oppressed , or delay any person ' s
cause for lucre or ma lic~.
SO HELP ME GOD -- I HEREBY AFFIRM AND PROMISE
Advocate ' s Signature
Attested by :
this
day o f
------------
, 20
Approved :
T 2 - EXHIBITS -
2
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.