TITLE 2

Tribal code

Ask Donna

What actually matters in this document.

Text

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

T 2 - TABLE OF CONTENTS -

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.