WINNEBAGO TRIBAL CODE (2026)

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WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

WINNEBAGO TRIBE OF NEBRASKA

TRIBAL CODE

TITLE

DESCRIPTION

COURT RULES

CIVIL PROCEDURE

CRIMINAL CODE

JUVENILE PROCEDURE

TRIBAL GOVERNMENT

CIVIL TRAFFIC CODE

HEALTH, SAFETY, AND WELFARE

NATURAL RESOURCES

GAMING

GENERAL REVENUE AND TAX CODE

BUSINESS CORPORATION CODE

11A

BUSINESS REGULATION AND ECONOMIC DEVELOPMENT

11B

LIMITED LIABILITY COMPANY CODE

FAMILY RELATIONS

TRIBAL EMPLOYMENT RIGHTS ORDINANCE (TERO) [REPEALED]

PROBATE

UTILITIES

CIVIL TRESPASS

INTERESTS IN REAL PROPERTY

GUARDIANSHIP AND CONSERVATORSHIP

TRIBAL EDUCATION CODE

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TITLE 1

COURT RULES

(As redesignated July 1, 1989)

ARTICLE 1

PRELIMINARY PROVISIONS

1-100

1-101

1-102

1-103

1-104

1-105

1-106

Authorization.

Definitions.

Territorial jurisdiction.

Criminal jurisdiction.

Personal jurisdiction.

Jurisdiction over property.

General subject matter jurisdictionlimitations.

1-107 Civil jurisdiction.

1-108

1-109

1-110

1-111

1-112

1-113

1-114

Juvenile jurisdiction.

Law to be applied.

Exclusive jurisdiction.

Constitutional authority.

Name of Code.

Prior inconsistent ordinances repealed.

Amendment of Code.

TITLE 1

ARTICLE 2

ESTABLISHMENT OF COURTS

Judges and other Court Personnel

1-201

1-202

1-203

1-204

Trial Court established.

Court of appeals. Appeal of right.

Tribal Court judges.

Minimum qualifications of Judge of the

Tribal Court.

1-204.1 Change in qualifications.

1-205 Manner of selection of Tribal Judges.

1-206 Term of office.

1-207 Compensation of judges.

1-208 Oath of office.

1-209 Duties and powers of judges.

1-210 Disqualifications of judges.

1-211 Removal of judges.

1-212 Decisions.

1-213 Records.

1-214 Files.

1-215 Motion day.

1-216 Court clerk establishment.

1-217 Clerk as department director.

1-218 Powers and duties.

1-219 Oath of clerks.

1-220 Seal.

1-221 Certification of true copies.

1-222 Clerk to serve Tribal and all other Courts.

1-223 Courts always open.

1-224 Trials and hearing—orders in chambers.

1-225 Clerk’s office and orders of the clerk.

1-226 Notice of orders or judgments.

1-227 Books and records kept by the clerk and

entries therein.

1-228 Stenographic report or transcript as

evidence.

1-229 Judgment docket.

1-230 Execution docket.

1-231 Clerk may collect judgment and costs.

1-232 Clerk to issue writs and orders.

1-233 Clerk to file and preserve papers.

1-234 Each case to be kept separate.

1-235 Endorsements.

1-236 Entry on return of summons.

1-237 Material for record.

1-238 Memorializing record.

1-239 Clerk to keep Court records, books, and

papers, statistical and other information.

1-240 Applicable to all Courts within Tribe’s

jurisdiction.

1-241 Bonds.

1-242 Probation and parole officers.

1-243 Creation of prosecutor’s office.

1-244 Functions of the prosecutor(s).

1-245 Creation of defender’s office.

1-246 Functions of the defender(s).

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TITLE 1

ARTICLE 3

WINNEBAGO SUPREME COURT

RULES OF APPELLATE PROCEDURE

APPLICABILITY OF RULES

Rule 1

Rule 2

Rule 3

Rule 4

Rule 5

Rule 6

Rule 7

Rule 8

Rule 9

Rule 10

Rule 11

Rule 12

Rule 13

Rule 14

Rule 15

Rule 16

Rule 17

Rule 18

Rule 19

Rule 20

Rule 21

Rule 22

Rule 23

Scope of rules.

Suspension of rules.

Appeal as of right—how taken.

Appeal as of right—when taken.

Reserved for provisions relating to

interlocutory appeals in civil actions.

Reserved for provisions relating to

interlocutory appeals in criminal actions.

Bond for costs on appeal in civil cases.

Stay or injunction pending appeal.

Release in criminal cases.

The record on appeal.

Transmission of record.

Docketing the appeal; filing the record.

Reserved.

Writs.

Habeas corpus proceedings.

Custody of prisoners in habeas corpus

proceedings.

Rule 24

Rule 25

Rule 26

Rule 27

Rule 28

Rule 29

Rule 30

Rule 31

Rule 32

Proceedings in forma pauperis.

Filing and service.

Computation and extension of time.

Motion.

Briefs.

Brief of an amicus curiae.

Appendix to the briefs.

Filing and service of briefs.

Form of briefs, the appendix, and

other papers.

Rule 33 Prehearing conference.

Rule 34 Oral argument.

Rule 35 Determination of causes by the

court en banc.

Rule 36 Entry of judgment.

Rule 37 Interest on judgments.

Rule 38 Damages for delay.

Rule 39 Costs.

Rule 40 Petition for rehearing.

Rule 41 Issuance of mandate.

Rule 42 Voluntary dismissal

Rule 43 Substitution of parties.

Rule 44 Cases involving constitutional or

Indian civil rights act question where

the Winnebago Tribe is not a party.

TITLE 1

ARTICLE 4

COUNSELORS AND PROFESSIONAL ATTORNEYS

1-400

1-401

1-402

1-403

Lay counsel.

Right to be represented by an attorney.

Eligibility for admission.

Procedure for admission.

1-404

1-405

1-406

iii

Disbarment and discipline.

Standards of conduct and obligations for

attorneys and lay counsel.

Oath of attorneys and lay counselors.

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TITLE 1

ARTICLE 5

CONTEMPTS

1-500 Acts or failures to act which contribute

contempt of Court.

1-501 Civil contempt.

1-502

1-503

Criminal contempt.

Contempt procedure.

TITLE 1

ARTICLE 6

SELECTION OF JURORS

1-600 Eligibility for jury selection.

1-601 Jury lists.

1-602 Jury panel selection procedures.

1-603 Power to excuse jurors.

1-604 Compensation to jurors.

TITLE 1

ARTICLE 7

JUDICIAL CONDUCT

1-700

1-701

1-702

1-703

1-704

Adoption of Code of Judicial Conduct.

Canon 1.

Canon 2.

Canon 3.

Canon 4.

1-705

1-706

1-707

1-708

Canon 5.

Canon 6.

Canon 7.

Compliance with Code of Judicial Conduct.

TITLE 1

ARTICLE 8

BONDS AND SURETIES

1-800

1-801

1-802

1-803

Justification of surety.

Qualifications of surety.

Real estate mortgage as bond.

Valuation of real estate.

1-804 False valuation—penalty.

1-805 Action by Tribe or Tribal department—no

bond required.

1-806 Appearance bond—enforcement.

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TITLE 1

ARTICLE 9

MISCELLANEOUS

1-900

1-901

1-902

1-903

1-904

1-905

1-906

1-907

1-908

1-909

1-910

1-911

Deputy may perform official duties.

Affirmation.

Publication in “patent insides.”

Action on official bond.

May be several actions on same security.

Immaterial errors to be disregarded.

Payments into Court for minors and

incompetents.

Conserving moneys obtained for minors

or incompetent persons.

Sharing of judicial officers.

Sharing of other judicial personnel.

Sharing of material resources.

Sharing of financial resources.

1-912

1-913

1-914

1-915

1-916

1-917

1-918

1-919

1-920

1-921

Repealed by TCR 93-85.

Copies of laws.

Cooperation by federal employees.

Effect of prior decisions of the Court.

Judicial review of legislative and executive

actions.

Action when no procedure provided.

Adoption by reference not a waiver of

sovereign power of the Tribe.

Actions by or against Tribe or its officers.

Actions by or against Tribe or its officers

or employees.

Principles of construction.

TITLE 1

ARTICLE 10

OFFICE OF THE GENERAL COUNSEL

1-1000

1-1001

1-1002

Office established.

Duties.

Delegation of duties.

1-1003 Engagement of outside legal counsel.

1-1004 Title of Attorney General.

TITLE 1

ARTICLE 11

TRADITIONAL WELLNESS COURT

(Amended August 29, 2011)

1-1101

1-1102

1-1103

1-1104

1-1105

1-1106

1-1107

1-1108

Construction.

Purpose.

Traditional Wellness Court established.

Personal and subject matter jurisdiction.

Appointment of Wellness Court Panel

Members.

Referral process.

Reports to Tribal Court.

Eligibility of juveniles to participate in

the Traditional Wellness Court.

1-1109 Powers and duties of Traditional Wellness

Court Panel Members.

1-1110 Powers and duties of the Traditional

Wellness Court Coordinator.

1-1111 Intake process.

1-1112 Procedures.

1-1113 Records and confidentiality.

1-1114 Completion of Proceedings.

1-1115 Destruction of Records.

1-1116 Appeals.

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TITLE 1A

WINNEBAGO RULES OF EVIDENCE

As amended March 1, 1993.

(Redesignated February 24, 1994)

ARTICLE 1A

GENERAL PROVISIONS

Rule 1A-101

Rule 1A-102

Rule 1A-103

Rule 1A-104

Scope.

Purpose and construction.

Rulings on evidence.

Preliminary questions.

Rule 1A-105

Rule 1A-106

Limited admissibility.

Remainder of or related

writings or recorded statements.

TITLE 1A

ARTICLE 2

JUDICIAL NOTICE

Rule 1A-201

Judicial notice of adjudicative facts.

TITLE 1A

ARTICLE 3

PRESUMPTIONS

Rule 1A-301

Presumptions in general in civil

actions and proceedings.

Rule 1A-302

Applicability of state law in civil

actions and proceedings.

TITLE 1A

ARTICLE 4

RELEVANCY AND ITS LIMITS

Rule 1A-401

Rule 1A-402

Rule 1A-403

Rule 1A-404

Rule 1A-405

Definition of relevant evidence.

Relevant evidence generally

admissible; irrelevant evidence

inadmissible.

Exclusion of relevant evidence on

grounds of prejudice, confusion, or

waste of time.

Character evidence: not admissible

to prove conduct; exceptions; other

crimes.

Methods of proving character.

Rule 1A-406

Rule 1A-407

Rule 1A-408

Rule 1A-409

Rule 1A-410

Rule 1A-411

Rule 1A-412

Habit; routine practice.

Subsequent remedial measures.

Compromise and offers to

compromise.

Payment of medical and similar

expenses.

Inadmissibility of pleas, offers of

pleas, and related statements.

Liability Insurance.

Sex offenses cases: relevance of

victim’s past behavior.

TITLE 1A

ARTICLE 5

[RESERVED]

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TITLE 1A

ARTICLE 6

WITNESSES

(Revised March 9, 2011)

Rule 1A-601

Rule 1A-602

Rule 1A-603

Rule 1A-604

Rule 1A-605

Rule 1A-606

Rule 1A-607

Rule 1A-608

Rule 1A-609

General rule of competency.

Lack of personal knowledge.

Oath or affirmation.

Interpreters.

Competency of judge as witness.

Competency of juror as witness.

Who may impeach.

Evidence of character and

conduct of witness.

Impeachment by evidence of

conviction of crime.

Rule 1A-610

Rule 1A-611

Rule 1A-612

Rule 1A-613

Rule 1A-614

Rule 1A-615

Rule 1A-616

Religious beliefs or opinions.

Mode and order of interrogation

and presentation.

Writing used to refresh memory.

Prior statements of witnesses.

Calling and interrogation of

witnesses by Court.

Exclusion of witnesses.

Patient/Client Physician/Counselor Privilege.

TITLE 1A

ARTICLE 7

OPINION AND EXPERT TESTIMONY

Rule 1A-701

Rule 1A-702

Rule 1A-703

Opinion testimony by lay

witnesses.

Testimony by experts.

Bases of opinion testimony by

experts.

Rule 1A-704

Rule 1A-705

Rule 1A-706

Opinion on ultimate issue.

Disclosure of facts or data

underlying expert opinion.

Court appointed experts.

TITLE 1A

ARTICLE 8

HEARSAY

Rule 1A-801

Rule 1A-802

Rule 1A-803

Rule 1A-804

Definitions.

Hearsay rule.

Hearsay exceptions; availability of

declarant immaterial.

Hearsay exceptions; declarant

unavailable.

Rule 1A-805

Rule 1A-806

Hearsay within hearsay.

Attacking and supporting

credibility of declarant.

TITLE 1A

ARTICLE 9

AUTHENTICATION AND IDENTIFICATION

Rule 1A-901

Rule 1A-902

Requirement of authentication or

identification.

Self-authentication.

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Rule 1A-903

Subscribing witness’ testimony

unnecessary.

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TITLE 1A

ARTICLE 10

CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS

Rule 1A-1001

Rule 1A-1002

Rule 1A-1003

Rule 1A-1004

Definitions.

Requirement of original.

Admissibility of duplicates.

Admissibility of other evidence of

contents.

Rule 1A-1005 Public records.

Rule 1A-1006 Summaries.

Rule 1A-1007 Testimony or written admission of

party.

Rule 1A-1008 Functions of Court and jury.

TITLE 1A

ARTICLE 11

MISCELLANEOUS RULES

Rule 1A-1101 Applicability of rules.

Rule 1A-1102 Amendments.

Rule 1A-1103 Title.

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TITLE 1B

RULES OF CRIMINAL PROCEDURE

(Revised July 20, 2017)

ARTICLE 1

SCOPE, PURPOSE, AND CONSTRUCTION

Rule 1B-101

Scope, purpose and construction.

TITLE 1B

ARTICLE 2

PRELIMINARY PROVISIONS

Rule 1B-201

Rule 1B-202

Rule 1B-203

Prosecution of offenses.

Rights of defendant.

Limitation of prosecution.

Rule 1B-203.1 Time computations.

Rule 1B-204 Extradition.

TITLE 1B

ARTICLE 3

PROCEEDINGS BEFORE TRIAL

Rule 1B-301

Rule 1B-302

The complaint.

Arrest warrant or summons to

appear: contents; service.

Rule 1B-302.1 Service of arrest warrants and

summons.

Rule 1B-302.2 Citation instead of arrest.

Rule 1B-303 Search and seizure.

Rule 1B-304 Arrest.

Rule 1B-304.1 Arrest in hot pursuit.

Rule 1B-304.2 Limitations on arrest in the home.

Rule 1B-304.3 Notification of rights.

Rule 1B-304.4 Telephone calls.

Rule 1B-305 Arraignment.

Rule 1B-306 Pre-trial divers.

Rule 1B-307 Commitments.

Rule 1B-308 Bail.

Rule 1B-309 Joinder.

Rule 1B-310 Pleas.

Rule 1B-310.1 Withdrawing guilty plea.

Rule 1B-310.2 Plea Bargaining.

Rule 1B-311 Pleading and motions before trial:

defenses and objections.

Rule 1B-312 Joinder of offenses.

Rule 1B-313 Discovery and inspection.

Rule 1B-314 Subpoena.

Rule 1B-315 Dismissal.

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TITLE 1B

ARTICLE 4

TRIAL

Rule 1B-401

Rule 1B-402

Rule 1B-403

Rule 1B-404

Rule 1B-405

Rule 1B-406

Rule 1B-407

Trial by jury or by the Court.

Trial jurors.

Order of trial.

Trial by judicial panel.

Judge disability.

Evidence.

Expert witnesses and interpreters.

Rule 1B-408

Rule 1B-409

Rule 1B-410

Rule 1B-411

Rule 1B-412

Motion for judgment of acquittal;

directed verdict.

Instructions.

Verdict.

Regulation of conduct in the

Courtroom.

Harmless error and plain error.

TITLE 1B

ARTICLE 5

JUDGMENT

(As revised February 19, 2014)

Rule 1B-50l

Rule 1B-502

Rule 1B-503

Rule 1B-504

Judgment.

Sentence.

General sentencing provisions.

New trial.

Rule 1B-505

Rule 1B-506

Rule 1B-507

Arrest of judgment.

Correction or reduction of

sentence.

Clerical mistakes.

TITLE 1B

ARTICLE 6

APPEAL

Rule 1B-601

Right of appeal; how taken.

Rule 1B-602

Stay of judgment and relief

pending review.

TITLE 1B

ARTICLE 7

MISCELLANEOUS PROVISIONS

(As revised February 19, 2014)

Rule 1B-701

Rule 1B-702

Rule 1B-703

Rule 1B-704

Rule 1B-705

Continuance.

Disbursement of money and

valuables collected.

Habeas corpus.

Disposition of seized property.

Designation of offenses.

Rule 1B-706

Rule 1B-707

Rule 1B-708

Rule 1B-709

Rule 1B-710

Maximum fines and sentences,

payment schedules; credit.

Diversion and probation costs.

Sex offenders.

Additional findings for sex

offenses.

Set aside for some convictions

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TITLE 1C

ARTICLE 1

TRIBAL CHILD SUPPORT GUIDELINES

Rule 1C-101

Rule 1C-102

Rule 1C-103

Rule 1C-104

Rule 1C-105

Rule 1C-106

Rule 1C-107

Rule 1C-108

Rule 1C-109

Rule 1C-110

Rule 1C-111

Rule 1C-112

Rule 1C-113

Guidelines Adopted.

Table.

Purpose.

Temporary and Permanent Support.

Rebuttable Presumption.

Total Monthly Income.

Deductions.

Monthly Support.

Parent's Monthly Share.

More Than One Child.

Minimum Support.

Non-Cash Support.

Visitation or Parenting Time

Adjustments.

Rule 1C-114

Rule 1C-115

Rule 1C-116

Rule 1C-117

Rule 1C-118

Rule 1C-119

Rule 1C-120

Rule 1C-121

Rule 1C-122

Rule 1C-123

Split Custody.

Joint Physical Custody.

Alimony.

Child-Care Expenses.

Child(ren)’s Health Insurance

and Nonreimbursed Health

Care Expenses.

Modification.

Basic Subsistence Limitation.

Limitation on Increase.

Limitation on Decrease.

Maintenance and Review of

Guidelines.

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TITLE 1D

BANISHMENT AND EXCLUSION CODE

Adopted June 16, 2010

Redesignated June 21, 2010

Repealed July 5, 2016

[TCR 10-110; 10-112; 16-106]

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TITLE 2

CIVIL PROCEDURE

(As redesignated February 24, 1994)

ARTICLE 1

GENERAL PROVISIONS

2-101

2-102

2-103

2-104

2-105

2-106

Scope of this Act.

Jurisdiction in civil actions.

Title of this Act.

Force of the Tribal common law

Definitions.

No effect upon sovereign immunity.

2-107

2-108

2-109

2-110

2-111

2-112

Declaratory judgment.

Court costs not charged to Tribe.

Effect of previous Court decisions.

C.F.R. not applicable.

Laws applicable to civil action.

Court action when no procedure provided.

TITLE 2

ARTICLE 2

COMMENCEMENT OF ACTION;

PLEADINGS, MOTIONS AND ORDERS

2-201

2-202

2-203

2-204

2-205

2-206

2-207

2-208

2-209

2-210

2-211

2-212

Commencement of action.

One form of action.

“Claim” defined.

Notice of pendency of action.

Notice of pendency contingent upon

service.

Special notice for actions pending in other

Courts.

Pleadings allowed; form of motions.

General rules of pleading.

Pleading special matters.

Form of pleadings, motions, and briefs.

Signing of pleadings.

Defenses and objections—when and how

presented--by pleadings or motions-motion for judgment on the pleadings.

2-213 Final dismissal on failure to amend.

2-214 Counterclaim and cross-claim.

2-215 Counterclaim: effect of the statute of

limitations.

2-216 Counterclaims against assigned claims.

2-217 Third-party practice.

2-218 Amended and supplemental pleadings.

2-219 Pre-trial procedure; formulating issues.

2-220 Lost pleadings.

2-221 Tenders of money or property.

2-222 Dismissal of actions.

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TITLE 2

ARTICLE 3

PROCESS, SUMMONS,

FILING OF PLEADINGS AND OTHER PAPERS

2-301

2-302

2-303

2-304

2-305

2-306

2-307

2-308

2-309

2-310

2-311

2-312

2-313

2-314

2-315

Issuance of summons.

Form of summons.

Who may serve process personally.

Service of process by mail.

Service by publication.

Publication service upon parties and the

unknown successors of named parties.

Publication notice for recovery of money.

Publication notice in quiet title actions.

Completion of publication service.

Entry of default on party served by

publication.

Vacating default judgments where service

is by publication.

Certain technical errors not grounds for

vacating judgment.

Meaning of “successors” for publication

purposes.

Minimum contacts required for effective

long arm service.

Consent is effective substitute for service.

2-316 Service pursuant to Court order.

2-317 Summons and complaint; person to be

served.

2-317.1 Effect of service of some of several

defendants.

2-318 Service upon party not inhabitant of or

found within the territorial limits of the

reservation.

2-319 Territorial limits of effective service.

2-320 Return of service of process.

2-321 Alternative provisions for service in a

foreign country.

2-322 Subpoena.

2-330 Summons; time limit for service.

2-331 Service and filing of pleadings and other

papers.

2-340 Time.

2-341 General cases in which extraterritorial

service authorized.

2-342 Legal newspaper.

TITLE 2

ARTICLE 4

PARTIES

2-401 Parties plaintiff and defendant: capacity.

2-402 Joinder of claims, remedies, and actions.

2-403 Joinder of persons needed for just

adjudication.

2-404 Permissive joinder of parties.

2-405 Misjoinder and non-joinder of parties.

2-406

2-407

2-408

2-409

2-410

xiv

Interpleader.

Class actions.

Derivative actions by shareholders and

members.

Intervention.

Substitution of parties.

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TITLE 2

ARTICLE 5

DEPOSITIONS AND DISCOVERY

2-501 General provisions governing discovery.

2-502 Depositions before action or pending

appeal.

2-503 Persons before whom depositions may be

taken.

2-504 Stipulations regarding discovery

procedure.

2-505 Depositions upon oral examination.

2-506 Depositions upon written questions.

2-507 Use of depositions in Court proceedings.

2-508 Interrogatories to parties.

2-509 Production of documents and things and

entry upon land for inspection and other

purposes.

2-510 Physical and mental examination of

persons.

2-511 Requests for admission.

2-512 Failure to make or cooperate in discovery:

sanctions.

TITLE 2

ARTICLE 6

WITNESSES

2-601 Issue and service of subpoena

witnesses.

2-602 Subpoenas--contents.

2-603 Subpoena for deposition.

2-604 Subpoena for agency hearings.

2-605 Witness may demand fees--exception.

2-606 Disobedience of subpoena.

2-607 Attachment of witness.

2-608 Punishment for contempt.

2-609 Discharge when imprisonment illegal.

for

2-610

2-611

2-612

2-613

2-614

2-615

Requisites

attachment--order

commitment.

Examination of prisoner.

Prisoner’s custody during examination.

Witness privileged.

Witness may demand fees each day-exception.

Special provisions for Tribal agencies.

TITLE 2

ARTICLE 6, WITNESSES

SUBPART A

TESTIMONY UNDER PRIVILEGE AGAINST PROSECUTION

2-650

2-651

2-652

2-653

Privilege for committee testimony.

Procedure for claiming privilege.

Oaths.

Penalties.

2-654 Disgrace as ground for refusal to testify.

2-655 Prosecution.

2-656 Fees and mileage.

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TITLE 2

ARTICLE 7

JURORS

2-701

2-702

2-703

2-704

2-705

2-706

2-707

2-708

2-709

2-710

Meeting for selection of jurors.

Court clerk’s jury selection roll.

Preparation of jury wheel.

Drawing general jury panel.

Use of a jury panel.

Certifying and sealing lists.

Oath and delivery of envelopes.

Sealing and retaining juror name cards.

Refilling wheel.

Summoning jurors.

2-711

2-712

2-713

2-714

2-715

2-721

2-722

On-call system jurors.

Drawing trial jurors from panel.

Qualifications and exemptions of jurors.

Substantial compliance.

Oath to jury.

Discharge of employee for jury service-penalty.

Civil liability--damages.

TITLE 2

ARTICLE 8

TRIAL

2-801 Trial defined.

2-802 Trial of issues.

2-803 Jury trial of right.

2-804 Trial by jury or by the Court.

2-805 Assignment of cases for trial.

2-806 Consolidation; separate trials.

TITLE 2

ARTICLE 8, TRIAL

SUBPART A

IMPANELING JURY

2-821

2-822

2-823

2-824

2-825

Summoning jury.

Causes for challenging jurors.

Examination of jurors.

Alternate jurors.

Order of challenges.

2-826

2-827

2-828

2-829

xvi

Challenges to jurors – filling vacancies.

Alternate method of selecting jury.

Oath of jury.

Juries of less than six-majority verdict.

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TITLE 2

ARTICLE 8, TRIAL

SUBPART B

TRIAL PROCEDURES

2-831

2-832

2-833

2-834

2-835

2-836

Order of trial.

Taking of testimony.

Exceptions unnecessary.

Instructions to jury objection.

Uniform jury instructions.

Objections to instructions--copies

parties.

2-837 View by jury.

2-838 Deliberation of the jury.

2-839

2-840

2-841

2-842

2-843

2-844

2-845

Admonition of jury on separation.

Information after retirement.

When the jury may be discharged.

Re-trial.

Proof of official record.

Determination of foreign law.

Appointment and duties of masters.

TITLE 2

ARTICLE 8, TRIAL

SUBPART C

VERDICT

2-851

2-852

2-853

2-854

Findings by the Court.

Delivery of verdict.

Requisites of verdicts.

General and special verdict.

2-855

2-856

2-857

Special verdict and interrogatories.

Jury must assess amount of recovery.

Motions for a directed verdict and for

judgment notwithstanding the verdict.

TITLE 2

ARTICLE 8, TRIAL

SUBPART D

MISCELLANEOUS TRIAL PROVISIONS

2-871

2-872

2-873

2-874

Provisions applicable to trials by Court.

Trial docket.

Trial docket for bar.

Order of trial of cases docketed.

2-875

2-876

2-877

2-878

xvii

Time of trial.

Continuances.

Trial by judicial panel.

Bifurcated jury trials.

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TITLE 2

ARTICLE 9

PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

2-901

2-902

2-903

2-904

Seizure of person or property.

Receivers appointed by Tribal Courts.

Deposit in Court.

Process in behalf of and against persons

not parties.

2-905

2-906

Security--proceedings against sureties.

Execution.

TITLE 2

ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

SUBPART A

INJUNCTIONS

2-911 Injunction defined.

2-912 Cause for injunction—temporary

restraining order.

2-913 Temporary restraining order; notice;

hearing; duration.

2-914 Temporary restraining order--Service.

2-915 Preliminary injunction.

2-916 Preliminary injunction--criteria.

2-917 Form and scope of injunction or restraining

order.

2-918 Employer and employee; interpleader;

constitutional cases.

2-919

2-920

2-921

2-922

2-923

2-924

2-925

2-926

Security.

Use of affidavits.

Injunction by defendant.

Injunction is equitable.

Modification of preliminary injunction.

Modification of permanent injunction.

Injunctions tried to the Court.

Enforcement of restraining orders and

injunctions.

TITLE 2

ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

SUBPART B

REPLEVIN

2-931 Order of delivery--procedure.

2-932 Penalty for damage of property subject to

order of delivery.

2-933 Undertaking in replevin.

2-934 Replevin bond--value.

2-935 Order of delivery.

2-936 Order returnable.

2-937 Execution or order.

2-938 Re-delivery on bond.

2-939

2-940

2-941

2-942

2-943

2-944

2-945

xviii

Exception to sureties.

Proceedings on failure to prosecute action.

Judgment--damages--attorney fees.

Officer may break into building.

Compelling delivery by attachment.

Improper issue of order of delivery.

Joinder of cause of action for debt--stay of

judgment.

December 2025

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TABLE OF CONTENTS

TITLE 2

ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

SUBPART C

ATTACHMENT

2-951

2-952

2-953

2-954

2-955

Grounds for attachment.

Attachment affidavit.

Attachment bonds.

Order of attachment.

When returnable.

2-956

2-957

2-958

2-959

Order of execution.

Execution of attachment order.

Service of order.

Re-delivery on bond.

TITLE 2

ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

SUBPART D

GARNISHMENT

(As adopted November 17, 2010)

2-961

Garnishment in aid of execution; when

issued; procedure; court order; continuing

lien; when invalid.

2-962 Priority of garnishments and liens.

2-963 Service upon garnishee; notice; hearing.

2-964 Answer;

interrogatories;

objections; contempt; hearing.

2-965 Exemptions from garnishment.

response;

TITLE 2

ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

SUBPART E

PROVISIONS RELATING TO ATTACHMENT AND GARNISHMENT

(Reserved)

TITLE 2

ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

SUBPART F

RECEIVERS

2-992.1

2-992.2

2-992.3

2-992.4

2-992.5

Appointment of receiver.

Persons ineligible.

Oath and bond.

Powers of receiver.

Investment of funds.

2-992.6

2-992.7

2-992.8

xix

Disposition of property litigated.

Punishment for disobedience of Court.

Vacation of appointment by appellate

Court.

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TABLE OF CONTENTS

TITLE 2

ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS

SUBPART G

EMINENT DOMAIN

2-993.1

2-993.2

2-993.3

2-993.4

2-993.5

Who may exercise authority.

What property may be condemned by

eminent domain.

Condemnation of property.

Complaint.

Process in eminent domain.

2-993.6

2-993.7

2-993.8

2-993.9

2-993.10

2-993.11

Appearance or answer.

Amendment of pleadings.

Substitution of parties.

Dismissal of action.

Deposit and its distribution.

Costs.

TITLE 2

ARTICLE 10

JUDGMENT

2-1001

2-1002

2-1003

2-1004

2-1005

2-1006

2-1007

2-1008

2-1009

2-1010

2-1011

2-1012

Judgment; costs.

Default.

Offer of judgment.

Judgment for specific acts--vesting title.

Summary judgment.

Declaratory judgment.

Entry of judgment.

New trials; amendments of judgments.

Relief from judgment or order.

Harmless error.

Stay of proceedings to enforce a

judgment.

Disability of a judge.

2-1013

Reserved.

2-1014

Judgment against infant.

2-1015

Judgments as liens.

2-1016

Discharge of money judgment liens.

2-1017

Additional case deposits.

2-1018

Reversal by appellate Court.

2-1019

Interest on money judgments.

2-1020

Exempt property.

2-1020.1 Payment of judgments from individual

Indian moneys.

TITLE 2

ARTICLE 10, JUDGMENT

SUBPART A

FOREIGN JUDGMENTS

2-1021

2-1022

2-1023

2-1024

Definition.

Filing and status of foreign judgments.

Grounds for non-recognition.

Notice of filing.

2-1025

2-1026

2-1027

Stay of execution of foreign judgment.

Fees.

Optional procedure.

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TABLE OF CONTENTS

TITLE 2

ARTICLE 10, JUDGMENT

SUBPART B

EXECUTION

2-1031

2-1032

2-1033

2-1034

2-1035

2-1036

2-1037

2-1038

2-1039

2-1040

2-1041

2-1042

2-1043

2-1044

2-1045

2-1046

2-1047

2-1048

2-1049

Execution--defined.

Kinds of executions.

Property subject to levy.

Property bound after seizure.

Execution must be issued within five

years.

Priority among property.

Priority among executions.

Levy by priority.

Who makes levy.

When levy void.

Penalty for unlawful levy.

Levy on property claimed by third

person.

Re-delivery to defendant.

Notice of sale of chattels.

Further levy when property taken,

insufficient.

Filing and indexing of execution.

Waiver of appraisement.

Return of appraisement.

When lien restricted.

2-1050

2-1051

2-1052

2-1053

2-1054

2-1055

2-1056

2-1057

2-1058

2-1059

2-1060

2-1061

2-1062

2-1063

2-1064

2-1065

Notice of sale of realty.

Confirmation of sale.

Police chief’s deed.

Advance of printer’s fees.

Demand for printing fees.

Place of sale.

Other executions of realty not sold.

Levy on realty under several executions.

Deed by successor of officer making

sale.

Payment to defendant of overplus after

sale.

Reversal of judgment after sale of

interest in land.

Execution of judgment in favor of Tribe.

Reappraisal where realty twice

advertised for sale.

Return of execution.

Principal and surety.

Hearing on assets.

TITLE 2

ARTICLE 10, JUDGMENT

SUBPART C

CONTRIBUTION

2-1071 Joint debtors or sureties.

2-1072

xxi

Joint tort-feasor; contribution; indemnity;

exemptions; covenant not to sue, etc.

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TABLE OF CONTENTS

TITLE 2

ARTICLE 10, JUDGMENT

SUBPART D

COSTS

2-1081 Affidavit in forma pauperis.

2-1082 False swearing in such case.

2-1083 Costs where defendants disclaim.

2-1084 Certain costs taxed at discretion of Court.

2-1085 Costs to successful party as matter of

course.

2-1086 Costs in other cases.

2-1087

2-1088

2-1089

2-1090

2-1091

2-1092

Several actions on joint instruments.

Clerk to tax costs.

Cost of notice or other legal publication.

Attorney fees taxable as costs.

Costs defined.

Authority of Court to fix cost rates.

TITLE 2

ARTICLE 11

LIMITATION OF ACTIONS

2-1101 Limitations applicable.

2-1102 Limitation of real actions.

2-1103 Persons under disability-- in real property

actions.

2-1104 Limitation of other actions.

2-1105 Persons under disability in actions other

than real property actions.

2-1106

2-1107

2-1108

2-1109

2-1110

2-1111

Absence or flight of defendant.

Limitation of new action after failure.

Extension of limitation.

Statutory bar absolute.

Law governing foreign claims.

Limitation of building construction tort

claims.

TITLE 2

ARTICLE 12

FAMILY RELATIONS

2-1201

2-1202

2-1203

2-1204

Recording of marriages and divorces.

Tribal custom marriage and divorce.

Tribal custom adoption.

Determination of paternity and support

2-1205

2-1206

2-1207

xxii

Determination of heirs.

Approval of wills.

Recognition of same-sex marriage.

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TITLE 2

ARTICLE 12, FAMILY RELATIONS

SUBPART A

STATUTORY DIVORCE

2-1211

2-1212

2-1213

2-1214

2-1215

2-1216

2-1217

2-1218

2-1219

2-1220

2-1221

2-1222

Grounds for divorce.

Residence of plaintiff or defendant.

Personal jurisdiction.

Custody of children, disposition of

property.

Orders concerning property, children,

support and expenses.

Care and custody of children.

Preference of child.

Paternity determination.

Interest on delinquent payments.

Restoration of wife's maiden name.

Disposition of property.

Effect of divorce.

2-1223

2-1224

2-1225

2-1226

2-1227

2-1228

2-1229

2-1230

2-1231

2-1232

2-1233

2-1234

2-1235

Remarriage and cohabitation.

Punishment for certain remarriage and

cohabitation.

Remarriage within six months.

Time when judgment final.

Avoidance of marriage of incompetents.

Alimony without divorce.

Evidence.

Setting aside of divorce decrees.

Termination of money payments.

Mailing of alimony and support

payments.

Modification of decree.

Effect on common law divorce.

Requirement of parenting education.

TITLE 2

ARTICLE 13

FORCIBLE ENTRY AND DETAINER

2-1301

2-1302

2-1303

2-1304

2-1305

2-1306

2-1307

2-1308

Forcible entry and detention.

Powers of Court.

Extent of jurisdiction.

Issuance and return of summons.

Service of summons.

Constructive service of summons.

Answer or affidavit by defendant.

Trial by Court.

2-1309

2-1310

2-1311

2-1312

2-1313

2-1314

2-1315

xxiii

Procedure where no jury available.

Attorney fee.

Writ of execution; form; new trial.

Stay of execution.

Forcible entry and detainer action on

small claims docket.

Affidavit; form.

Summons; form.

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TABLE OF CONTENTS

TITLE 2

ARTICLE 14

HABEAS CORPUS

2-1401

2-1402

2-1403

2-1404

2-1405

2-1406

2-1407

2-1408

2-1409

2-1410

2-1411

2-1412

Persons who may prosecute writ.

Application for writ.

Writ granted.

Direction and command of writ.

Delivery to Tribal police chief.

Service on party other than Tribal police

chief.

Service when person not found.

Return and enforcement of writ.

Manner of return.

Proceedings in case of sickness or

infirmity.

Hearings and discharge.

Limits on inquiry.

2-1413

2-1414

2-1415

2-1416

2-1417

2-1418

2-1419

2-1420

2-1421

2-1422

2-1423

2-1424

2-1425

Writ upon temporary commitment.

Writ may issue to admit to bail.

Notice to interested persons.

Powers of Court.

Officers not liable for obeying orders.

Issuance of warrant of attachment.

Arrest of party causing restraint.

Execution of warrant of attachment.

Temporary orders.

Issuance and service on Sunday.

Issue of process.

Protection of infants and insane persons.

Security for costs not required.

TITLE 2

ARTICLE 15

MANDAMUS

2-1501

2-1502

2-1503

2-1504

2-1505

2-1506

Function of mandamus.

Writ not issued where remedy at law.

Forms and contents of writs.

When peremptory writ of issues.

Petition upon affidavit.

Allowance and service of writ.

2-1507

2-1508

2-1509

2-1510

2-1511

2-1512

Answer.

Failure to answer.

Similarity to civil action.

Recovery by plaintiff.

Damages bar further actions.

Penalty for refusal or neglect to perform.

TITLE 2

ARTICLE 16

QUO WARRANTO

2-1601 Quo Warranto; relief obtainable by civil

action.

2-1602 Grounds for action.

2-1603 Persons who may bring action.

2-1604 Judgment is contest of office.

2-1605

2-1606

2-1607

2-1608

xxiv

Judgment for plaintiff.

Enforcement of judgment.

Separate action for damages.

Corporation.

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TITLE 2

ARTICLE 17

SMALL CLAIMS PROCEDURE

2-1701

2-1702

2-1703

2-1704

2-1705

2-1706

2-1707

2-1708

Small claims.

Small claims affidavit.

Preparation of affidavit.

Service of affidavit.

Date for appearance.

Transfer of actions.

Counterclaim or setoff.

Actions for amounts exceeding excess of

two thousand dollars.

2-1709 Attachment or garnishment, other matters.

2-1710

2-1711

2-1712

2-1713

2-1714

2-1715

2-1716

2-1717

xxv

Trial by Court.

Payment of judgment.

Appeals.

Fees.

Costs.

Judgments rendered under small claims

procedure.

Fee for docketing judgment.

Other action in small claims Court.

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TABLE OF CONTENTS

TITLE 3

CRIMINAL CODE

(As redesignated June 1, 1989)

ARTICLE 1

GENERAL PROVISIONS

3-101

3-102

3-103

3-104

3-105

3-106

3-107

3-108

Name and citation.

Effective date.

Purpose and construction.

No affect on civil liability.

Exclusiveness of offenses.

Severability.

Terms, defined.

Prosecution for multiple offenses.

3-109

3-110

3-111

3-112

3-113

3-114

3-115

Limitation.

Separate trials.

Lesser included offenses.

Double jeopardy.

Burden and presumption of innocence.

Negating defenses.

Presumptions of fact.

TITLE 3

ARTICLE 2

PRINCIPLES OF CRIMINAL RESPONSIBILITY

3-201 Acts and omissions to act.

3-202 Culpability; general requirements.

3-203 Causal relationship between conduct and

result.

3-204 Ignorance or mistake of fact.

3-205 Liability for conduct of another.

3-206 Corporation and unincorporated

associations.

3-207 Intoxication.

3-208 Duress.

3-209 Consent.

3-210 Entrapment.

3-211 Mental disease or defect.

3-212 Justification; terms defined.

3-213 Justification; choice of evils.

3-214

3-215

3-216

3-217

3-218

3-219

Public duty; execution.

Use of force; self-protection.

Use of force; protection of others persons.

Use of force; protection of property.

Use of force; law enforcement.

Use of force by person with special

responsibility for care, discipline or safety

of others.

3-220 Mistake of law; reckless or negligent use

of force.

3-221 Justification in property crimes.

3-222 Justification an affirmative defense; civil

remedies unaffected.

xxvi

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TABLE OF CONTENTS

TITLE 3

ARTICLE 3

CRIMES AGAINST PROPERTY

3-301

3-302

3-303

3-304

3-305

3-306

3-307

3-308

3-309

3-310

3-311

3-312

3-313

3-314

3-315

3-316

3-317

3-318

3-319

3-320

3-321

3-322

3-323

3-324

3-325

3-326

3-327

Building defined.

Arson, first degree; penalty.

Arson, second degree; penalty.

Arson, third degree; penalty.

Burning to defraud insurer; penalty.

Burglary; penalty.

Possession of burglary tools; penalty.

Breaking and entering; penalty.

Theft; terms defined.

Consolidation of theft offenses.

Theft by unlawful taking or disposition.

Theft by shoplifting; penalty.

Theft by deception.

Theft by extortion.

Theft of property lost, mislaid, delivered by

mistake; penalty.

Theft of services; penalty.

Unauthorized use of a propelled vehicle;

affirmative defense; penalty.

Theft by receiving stolen property.

Grading of theft offenses.

Criminal mischief; penalty.

Criminal trespass; penalty.

Repealed.

Criminal trespass, affirmative defenses.

Littering of public and private property;

penalty.

Forgery; terms defined.

Forgery, first degree; penalty.

Forgery, second degree; forgery penalties.

3-328

3-329

3-330

3-331

3-332

3-333

3-334

3-335

3-336

3-337

3-338

3-339

3-340

3-341

3-342

3-343

3-344

3-345

3-346

xxvii

Criminal possession

of a forged

instrument; penalty.

Criminal possession of forgery devices;

penalty.

Criminal simulation; penalty.

Criminal impersonation; penalty.

Issuing a bad check; penalty.

False statement or book entry; destruction

or secretion

of records;

penalty;

organization defined.

Commercial bribery and breach of duty to

act disinterestedly; penalty.

Fraudulent use of credit card; penalty.

Deceptive business practices; penalty.

Defrauding creditors; penalty.

Securing execution of documents by

deception; penalty.

Criminal usury; penalty.

Unlawful dealing with property by a

fiduciary; penalty.

Making a false credit report; penalty.

Computers; terms defined.

Depriving or obtaining property or

services; penalty.

Unlawful acts; harming or disrupting

operations; penalties.

Unlawful acts; obtaining confidential

public information; penalties.

Unlawful acts; access without

authorization; exceeding

authorization; penalties.

December 2025

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TABLE OF CONTENTS

TITLE 3

ARTICLE 4

CRIMES AGAINST THE PERSON

3-401 Compounding a criminal offense, defined;

penalty.

3-402 Homicide; terms defined.

3-403 Murder in the first degree; penalty.

3-404 Murder in the second degree; penalty.

3-405 Manslaughter; penalty.

3-406 Motor vehicle homicide; penalty.

3-407 Assisting suicide, defined; penalty.

3-408 Assault in the first degree; penalty.

3-409 Assault in the second degree; penalty.

3-409.5 Simple assault; penalty.

3-410 Terroristic threats; penalty.

3-411 Restrain, abduct; defined.

3-412 Kidnapping; penalty.

3-413 False imprisonment in the first degree;

penalty.

3-414 False imprisonment in the second degree;

penalty.

3-415 Violation of custody; penalties.

3-416

3-417

3-418

3-419

3-420

3-421

3-422

3-423

3-424

3-425

3-426

3-427

3-428

3-429

3-430

Sexual assault; legislative intent.

Sexual assault; terms defined.

Sexual assault; first degree; penalty.

Sexual assault; second degree; penalty.

Sexual assault; in camera hearing.

Sexual assault; evidence of past sexual

behavior; when admissible; procedure.

Sexual assault; evidence against another

person; when admissible.

Confined person; offenses against

another person; penalty; sentence.

Robbery; penalty.

Stalking.

Strangling.

Suffocating.

Domestic Violence.

Family Violence.

Crime involving domestic or family

violence.

TITLE 3

ARTICLE 5

INCHOATE CRIMES

3-501 Criminal attempt; conduct; penalty.

3-502 Conspiracy, defined; penalty.

3-503 Conspiracy; renunciation of criminal

intent.

3-504

3-505

3-506

xxviii

Accessory to crime; defined; penalty.

Aiding consummation of crime; penalty.

Prosecuting for aiding and abetting.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3 ARTICLE 6

3-601

3-602

3-603

3-604

3-605

3-606

3-607

3-608

3-609

3-610

3-611

3-612

3-613

3-614

3-615

3-616

3-617

3-618

3-619

TITLE 3

ARTICLE 6

CRIMES AGAINST PUBLIC JUSTICE

Obstructing government operations;

3-620 Bribery of a juror; penalty; juror receiving

penalty.

bribe; penalty.

Physical injury related to criminal offense;

3-621 Tampering with witnesses, informants, or

report by health care provider; sexual

jurors; penalty.

assault; duties of health care provider; law

3-622 Jury tampering; penalty.

enforcement agency; duties; violation;

penalty.

Refusing to aid a peace officer; penalty.

3-623 Tampering with physical evidence;

Resisting arrest; penalty; affirmative

penalty; physical evidence, defined.

defense.

3-624 Simulating legal process; penalty.

Consumption of liquor on public property,

3-625 Employee; penalized due to jury service;

public roads, streets, alleys, forbidden;

prohibited; penalty.

penalty.

3-626 Impersonating a peace officer.

Obstructing a peace officer; penalty.

3-627 Impersonating a public servant.

False reporting; penalty.

3-628 Official misconduct; penalty.

Interfering with a fireman on official duty;

3-629 Oppression under color of office; penalty.

penalty; fireman, defined.

3-630 Misusing public money.

Abuse of public record; penalty; public

3-631 Improper influence in official matters.

record, defined.

3-632 Retaliation for past official action.

Escape; official detention, defined;

3-633 Improper gifts to public servants.

knowingly permitting escape; penalty;

3-634 Special influence.

3-635 Doing business without a license.

defense to prosecution.

Providing contraband; penalty.

3-636 Tampering with public property.

Loitering about jail; penalty.

3-637 Injuring public property.

Assault on an officer in the first degree;

3-638 Bail jumping.

3-639 Failure to obey a lawful order of the Court.

penalty.

Assault on an officer in the second degree;

3-640 Repealed.

3-641 Neglecting to serve a warrant; penalty;

penalty.

Repealed.

forfeiture of office.

Perjury; subornation of perjury; penalty.

3-642 Mutilating a flag; penalty; flag, defined.

Juror, testimony and official proceedings;

3-643 Illegal solicitation.

3-644 Repealed.

defined.

Bribery; penalty.

3-645 Failure to appear; penalty.

Bribery of a witness; penalty; witness

3-646 Sell or exchange of property for promise to

receiving bribe; penalty.

vote prohibited.

xxix

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TITLE 3

ARTICLE 7

CRIMES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE

(As revised December 12, 2025)

3-701 Bigamy; penalty; exception.

3-702 Incestuous marriages; declared void.

3-703 Incest; penalty.

3-704 Child abuse; penalty.

3-705 [REPEALED by TCR 15-133]

3-706 [REPEALED by TCR 15-133]

3-706.1 [REPEALED by TCR 15-133]

3-707 [REPEALED by TCR 15-133]

3-708 [REPEALED by TCR 15-133]

3-709 Privileged communication; patient and

physician; husband and wife; not ground for

excluding evidence.

3-710 Abandonment of spouse, child or

dependent stepchild; child, defined.

3-711 Criminal nonsupport; penalty; exception.

3-712 Protective custody; penalty.

3-713 Failure to send child to school and aaa

educational neglect of a minor; truancy;

penalties.

3-714 Curfew; penalty.

3-715 Contributing to the delinquency of a child;

definitions; procuring alcohol for a minor;

penalty.

3-716 Minor in possession; penalty.

3-717 Tobacco; minor in possession; sale to

minors; smoking in tribal building

prohibited; penalties; exemption.

3-718 Trafficking in children; penalty.

3-719 Welfare offense; penalty.

3-720 Desecration; penalty.

3-721 Disrupting a public or religious assembly.

3-722 Violation of privacy; penalty.

3-723 Criminal defamation; penalty.

3-724 Harassment; penalty.

3-725 Disorderly conduct; penalty.

3-726 Prostitution; penalty; citation in lieu of

arrest.

3-727 Pandering; penalty.

3-728 Pandering; evidence.

3-729 Keeping a place of prostitution; penalty.

3-730 Prostitution cases; incrimination testimony;

how treated.

3-731

3-732

3-733

3-734

3-735

3-736

3-737

3-738

3-739

3-740

3-741

3-742

3-743

3-744

3-745

3-746

3-747

3-748

3-749

3-750

3-751

3-752

3-753

3-754

3-755

3-756

3-757

3-758

xxx

Debauching a minor; penalty.

Public indecency; penalty.

Obscenity; penalty.

Rioting; penalty.

Failure to disperse; penalty.

Dangerous weapon, firearm, school zone, other

terms; defined.

Unlawful carrying or possession of dangerous

weapons; penalty.

Aggravated weapons offense; penalty.

Using firearms to commit a crime;

penalty.

Dangerous devices; penalty.

Fireworks offense; penalty.

Inhaling or drinking certain compounds;

penalty.

Selling and offering for sale certain

compounds; use; knowledge of seller; unlawful.

Act, exceptions.

[Reserved.]

Abandoning, or concealing a dead human

body; penalty.

Concealing the death of another person;

penalty.

Intimidation by phone call; penalty; prima

facie evidence.

Interfering with a public service company;

penalty.

Maintaining

nuisance;

penalty;

abatement or removal.

Disturbing the peace; penalty.

Telecommunications violations; penalty.

Animal, cruel mistreatment, cruel neglect,

and abandon; defined.

Cruelty to animals; penalty; authorized or

permitted conduct.

Livestock offense; penalty.

Waters offense; penalty.

Assault of a Human Embryo or Fetus;

terms defined; limitations.

Assault of a Human Embryo or Fetus in

the first degree; penalty.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

ARTICLE 7

CRIMES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE

(continued)

3-759

3-760

Assault of a Human Embryo or Fetus in

the second degree; penalty

Assault of a Human Embryo or Fetus in the

third degree; penalty.

3-761

3-762

xxxi

Indecent liberties; penalty.

Video Recording and Distribution

Criminal Assaults

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

ARTICLE 8

CONTROLLED SUBSTANCES ACT

(As revised December 12, 2025)

3-801 Definitions.

3-802 Prohibition of sales, transport, import, export

or possession of drug paraphernalia or drug

manufacturing equipment.

3-803 Narcotics revolving fund.

3-804 Future controlled substances included.

3-805 Nomenclature in schedules.

3-806 Schedule I characteristics.

3-807 Schedule II characteristics.

3-808 Schedule III characteristics.

3-809 Schedule IV characteristics.

3-810 Schedule V characteristics.

3-811 Schedule I.

3-812 Schedule II.

3-813 Schedule III.

3-814 Schedule IV.

3-815 Schedule V

3-816 Seizure without warrant; forfeitures; disposition;

evidence; court costs; and expenses.

3-817 School Property; distribution; dispensing or

possession.

3-818 Prohibited acts; penalties.

3-819 Prohibited acts; fraud, deceit.

3-820

3-821

3-822

3-823

3-824

3-825

3-826

3-827

3-828

3-830

3-831

3-832

3-833

3-834

3-835

3-836

3-837

3-838

Certain substances causing intoxication;

exemptions; penalties.

Endeavor and conspiracy.

General penalty clause.

Additional penalties.

Severability.

Possession of a dangerous drug; penalty.

Dangerous drug offense; penalty.

Manufacturing, selling, giving, distributing, or

possessing with intent to manufacture, sell, give or

distribute methamphetamine; penalty.

Methamphetamine lab cleanup costs; reimbursement.

Short Title.

Purpose.

Definitions.

Prohibition on Vaping on School Property by Minors.

General Prohibition of possession of vaping device by

Minors.

Prohibition on Vaping on School Property by

Adults.

Furnishing Vaping Devices to Minors.

Enforcement.

Severability.

TITLE 3

ARTICLE 9

[Reserved]

TITLE 3

ARTICLE 10

[Reserved]

TITLE 3

ARTICLE 11

[Reserved]

xxxii

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 3

ARTICLE 12

ADULT AND ELDERLY PROTECTIVE SERVICES ACT

3-1200

3-1201

3-1202

3-1203

3-1204

3-1205

3-1206

3-1207

3-1208

3-1209

Citation.

Legislative intent.

Definitions.

Duty of healthcare providers to report

abuse.

Duty of law enforcement to investigate.

Immunity from liability.

No access to records.

Evidence exclusions void.

No abuse solely for reliance upon

spiritual healing.

Willful failure to report.

3-1210

Willful

release

confidential

information.

Abuse of a vulnerable or elderly adult.

Ex parte order authorized.

Subpoena of Medical and Financial

Records.

Procedures for prosecution.

Conditions of Release.

Elder Protection Order and Time Limits.

Violation of Protection Orders.

Severability.

3-1211

3-1212

3-1213

3-1214

3-1215

3-1216

3-1217

3-1218

TITLE 3

ARTICLE 13

(Adopted May 3, 2024)

3-1301

3-1302

3-1303

Purpose and Findings.

Definitions.

Duties of Law Enforcement to Victims of

Domestic or Family Violence; Required

Notice.

3-1304

3-1305

3-1306

3-1307

Rights specific to Victims of Sexual

Assault.

Rights of All Victims of Crime;

Duty of Prosecutor to Inform.

Victim Advocate.

No Cause of Action.

TITLE 3

ARTICLE 14

WINNEBAGO LAW ENFORCEMENT CODE

3-1401

3-1402

3-1403

3-1404

3-1405

3-1406

3-1407

Purpose.

Source of Authority.

Repealer.

Definitions.

Jurisdiction.

Authority over Department.

General Principles.

3-1408

3-1409

3-1410

3-1411

3-1412

3-1413

xxxiii

Chief of Police.

Tribal Police Officers.

Powers of the Winnebago Police Department.

Cross-Deputization and Other Agreement

Conflicts of Interest.

Severability.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 3

ARTICLE 15

CRIMINAL TRAFFIC OFFENSES

(As adopted September 24, 2003)

3-1500 Driving under influence of alcoholic

liquor or drug; penalties; revocation of

operator’s license; applicable to violation

of statutes or ordinances; probation;

alcohol assessment; court; powers.

3-1501 Driving under influence of alcoholic

liquor or drugs; implied consent to

submit to chemical test; when test

administered; refusal; penalty.

3-1502 Driving under influence of alcoholic

liquor or drugs; test; additional test;

refusal to permit; effect; results of test;

available upon request.

3-1503 Driving under influence of alcoholic

liquor or drugs; chemical test; consent of

person incapable of refusal not

withdrawn.

3-1504 Driving under influence of alcoholic

liquor or drugs; chemical test; violation

of statute or ordinance; results;

competent evidence; permit; fee.

3-1505 Driving under influence of alcohol;

operator’s license; confiscation and

revocation; procedures; appeal.

3-1506 Driving under influence of alcohol;

revocation of impounded operator’s

license; procedure; reinstatement; fee;

eligibility for employment driving

permit and ignition interlock device.

3-1507 Operator’s license revocation decision;

notice; contents.

3-1508 License revocation; appeal.

3-1509 Blood sample; results of chemical test;

admissible in criminal prosecution;

disclosure required.

3-1510 Person under twenty-one years of age;

prohibited acts; enforcement.

3-1511 Implied consent to submit to chemical

test; when test administered; refusal;

penalty.

3-1512

Impounded operator’s license; sealing

of record; when; operation of motor

vehicle authorized.

3-1513 Ignition interlock device; court order

authorized; issuance of restricted Class

O license; prohibited act; violation;

penalty.

3-1514 Careless driving, defined; penalty.

3-1515 Reckless driving, defined; penalty.

3-1516 Willful reckless driving, defined.

3-1517 Willful reckless driving; first offense;

penalty.

3-1518 Reckless driving or willful reckless

driving; second offense; penalty.

3-1519 Reckless driving or willful reckless

driving; third and subsequent offenses;

penalty.

xxxiv

December 2025

TITLE 3

ARTICLE 16

WINNEBAGO PUBLIC SAFETY COMMISSION CODE

(As adopted July 15, 2025)

3-1600 Establishment.

3-1601 Purpose and Policy.

3-1603 Source of Authority.

3-1604 Definitions.

3-1605 Winnebago Public Safety Commission.

3-1606 Commission Meetings.

3-1606 Appointment of Commissioners.

3-1607 Commissioner Requirements and

Qualifications.

3-1609 Confidentiality.

3-1610 Conflicts of Interest.

3-1611 Removal of Commissioners.

3-1612 Complaints.

3-1613 Commission Hearings.

3-1614 Severability.

3-1615 Repealer.

xxxv

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 4

JUVENILE PROCEDURE

(As redesignated July 1, 1989)

ARTICLE 1

GENERAL PROVISIONS

4-100

4-101

4-102

4-103

4-104

4-105

4-106

4-107

4-108

4-109

4-110

4-111

4-112

4-113

4-114

4-115

4-116

4-117

4-118

Citation.

Purpose.

Definitions.

Place of sitting.

Juvenile Court established.

Jurisdiction.

Court authority.

Indian child welfare transfers from Tribal

Courts.

Child welfare transfers to tribal or state

courts.

Court support staff.

Notice of legal rights.

Basic rights.

Warrants and custody orders.

Full faith and credit.

Admissibility of evidence in other

proceedings.

Expungement.

Contempt of court.

Medical examination.

Fingerprints.

4-119

4-120

4-121

4-122

4-123

4-124

4-125

4-126

4-127

4-128

4-129

4-130

4-131

4-132

4-133

4-134

4-135

Rules of procedure.

Expenditure of funds.

Procedure.

Prosecution; criminal charge or Juvenile

Court

petition;

determination;

considerations.

Juvenile charged in court other than

Juvenile Court; transfer to Juvenile

Court; procedure.

Pre-transfer report.

Orders for support.

Prosecutor’s duties.

Inspection of court records.

Law enforcement records.

Child and family services.

Identity confidential.

Exclusion of certain statement by alleged

delinquent.

Voluntary foster care authorized.

Required Findings by a Court for Removal.

Reasonable Efforts.

Winnebago Kinship System.

TITLE 4

ARTICLE 2

EMERGENCY CUSTODY

4-201

4-202

4-203

4-204

4-205

4-206

4-207

4-208

4-209

Taking a minor into custody.

Notification of parents.

Notification of Court officers.

Release of detained child.

Special release rule for major offenses.

Court ordered release.

Extension of detention period.

Detention and shelter.

Emergency shelter in child’s home.

4-210

4-211

4-212

4-213

4-214

4-215

xxxvi

Court ordered medical treatment.

Court ordered commitment for observation.

Search warrants for the protection of

children.

Preliminary inquiry: criteria for detention

or shelter care.

Place of detention or shelter care.

Standards for shelter care and detention

facilities.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 4

ARTICLE 3

ADJUDICATION

4-301

4-302

4-303

4-304

4-305

4-306

4-307

4-308

Court intake.

Prosecutor’s (presenting officer’s) intake.

Diversion by contract.

Diversion contract inadmissible.

Diversion by consent decree.

Limitations on diversions.

Guardian ad litem appointments.

Guardian ad litem duties.

4-309 Adjudicatory hearing.

4-310 Mentally ill and developmentally disabled

children.

4-311 Consent decree.

4-312 Dismissal of petition.

4-313 Sustaining petition

4-314 Temporary orders.

TITLE 4

ARTICLE 4

DISPOSITION

4-401

4-402

4-403

4-404

4-405

4-406

4-407

4-408

4-409

4-410

Pre-dispositional report.

Treatment plan.

Dispositional hearing.

Hearing purpose.

Hearing informal.

Medical examination.

Continuance.

Order of protection.

Placement preferences.

Neglected or dependent child or in-needof-care; disposition.

4-411

4-412

4-413

4-414

Child-in-need-of-supervision; disposition.

Delinquent child; disposition.

Legal custody; guardianship.

Probation for delinquents and children in

need of supervision.

4-415 Violation of probation.

4-416 New hearing authorized.

4-417 Continuing jurisdiction.

4-418 Permanency Hearings.

4-419 Guardianships as Recommended by the

Department for permanence.

4-420 Child Placement Review Committee.

TITLE 4

ARTICLE 5

CHILD ABUSE

4-501

4-502

4-503

4-504

4-505

4-506

4-507

Legislative purpose.

Definitions.

Persons required to report child abuse or

neglect.

Required report of postmortem

investigation.

Evidence of abuse.

Temporary protective custody.

Reporting procedures.

4-508

4-509

4-510

4-511

4-512

4-513

4-514

4-515

xxxvii

Action upon receipt of report.

Child protection teams.

Immunity from liability.

Child abuse and child neglect diversion

program.

Evidence not privileged.

Court proceedings; guardian ad litem.

Central registry.

Confidentiality of records.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 4

ARTICLE 6

TERMINATION OF PARENTAL RIGHTS

4-601 Motion for termination of parental rights.

4-602 Appointment of counsel.

4-603 No jury trial.

4-604 Abandonment.

4-605 Criteria for termination.

4-606 Standard of proof.

4-607 Voluntary termination of

parental rights.

4-608 Interpreter for relinquishment of parental

rights and consent to adoption.

4-609 Review of child’s disposition following

termination of the parent-child legal

relationship.

4-610 Expert testimony.

4-611 Effect of decree.

4-612 Appeals.

4-613 Traditional custodians’ and grandparents’

rights.

TITLE 4

ARTICLE 7

ADOPTIONS

4-701

4-702

4-703

4-704

4-705

4-706

4-707

4-708

4-709

4-710

4-711

Jurisdiction over adoptions.

Purpose of adoptions.

Types of adoptions.

In-camera determination of enrollment

eligibility.

Eligibility for statutory adoption.

Eligibility to adopt by statutory process.

Consent to statutory adoption.

Voluntary relinquishment.

When consent of parents unnecessary.

Notice of hearing for adoption without

consent.

Consent of child.

4-712

4-713

4-714

4-715

4-716

4-717

4-718

4-719

4-720

4-721

4-722

4-723

Petition.

Investigation.

Adoption hearing.

Report and final decree of adoption.

Contents of adoption order.

Effect of final decree of statutory adoption.

Records and hearings confidential.

Certificates of adoption.

Foreign decree.

Adoption of adults.

Appeals.

Customary Adoptions.

TITLE 4

ARTICLE 8

DEVELOPING FOSTER CARE HOMES

4-801

4-802

4-803

4-804

4-805

Responsibility.

Licensing foster family homes.

Basic standard for foster families.

Basic requirements of foster families.

Funding for foster children’s needs.

4-806

4-807

4-808

4-809

xxxviii

Physical facilities.

Family composition.

Personal characteristics.

Foster parenting abilities.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 4

ARTICLE 9

INCOME WITHHOLDING FOR CHILD SUPPORT ACT

(Repealed 2008) [TCR 08-79]

TITLE 4

ARTICLE 10

RULES OF JUVENILE PROCEDURE

Rule 1

Rule 2

Rule 3

Rule 4

Rule 5

Rule 6

Rule 7

Rule 8

Rule 9

Rule 10

Rule 11

Rule 12

Rule 13

Rule 14

Rule 15

Rule 16

Rule 17

Rule 18

Rule 19

Rule 20

Rule 21

Rule 22

Scope.

Purpose and construction.

Attorney or advocate of record.

Notice.

Service of summons.

Summons form.

When summons unnecessary.

Additional parties to be summoned.

Failure to appear.

Petition contents.

Petition form.

Adoption petition.

Juvenile offender commencement of

action petition.

Responsive pleadings and motions.

Parties.

Discovery.

Pre-trial conference.

Emergency orders.

Hearings.

Adoption hearing.

Dependency and neglect and child-inneed-of–care dispositional hearing.

Jury Trial.

Rule 23

Rule 24

Rule 25

Rule 26

Rule 27

Rule 28

Rule 29

Rule 30

Rule 31

Rule 32

Rule 33

Rule 34

Rule 35

Rule 36

Rule 37

Rule 38

Rule 39

Termination of parental rights hearing.

Record of proceedings.

Motions for a new trial or rehearing.

Motions for arrest or modification of

judgment.

Shelter and detention.

Disqualification or disability of judge.

Evidence.

Clerical mistakes.

Explanation of rights at first appearance

(juvenile offenders); child-in-need-of

supervision.

Insanity at time of commission of

juvenile offense.

Determination of competency or

capacity to stand trial.

Fingerprinting or photographing of

minor.

Mental or physical examination.

Probation revocation hearing.

Dispositional hearing.

Appeals.

Stay pending appeal

TITLE 4

ARTICLE 11

GRANDPARENT RIGHTS

(As adopted August 28, 2015)

4-1101

4-1102

4-1103

4-1104

4-1105

4-1106

Purpose.

Application.

Scope.

Grandparent Notification.

Grandparent Input.

Grandparent Visitation.

4-1107

4-1108

4-1109

xxxix

Change of Grandchild’s Domicile;

Notice to Grandparent.

Emergency Medical Care and

Grandparent Medical Consent.

Grandparent Medical Consent

Authorization Affidavit.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 5

TRIBAL GOVERNMENT

ARTICLE 1

ENROLLMENT

(As amended and restated August 22, 2012)

5-100 Definitions.

5-101 Tribal Enrollment Committee.

5-102 Determination of membership,

enrollment.

5-103 Application for membership by

member of another tribe.

5-104 Enrollment application; who must

submit.

5-105 Filing of enrollment application.

5-106 Enrollment application for minor,

incompetent person, some United

States Armed Forces members.

5-107 Enrollment application; information

and supporting documentation

requirements; burden of proof.

5-108 Actions required of the Enrollment

Staff.

5-109 Actions required of the TEC.

5-110 Actions required of the Tribal Council.

5-111 Applicants determined ineligible by the

TEC.

5-112 Rejection of application by the Tribal

Council; membership appeals.

5-113 Distribution of trust assets or other

Financial Benefits; appeals.

5-114

5-115

5-116

5-117

5-118

5-119

5-120

5-121

5-122

5-123

5-124

5-125

5-126

5-127

5-128

5-129

Individual folders; contents of

individual folder.

Access to records.

Updating records.

Determination of blood quantum.

Blood quantum corrections;

administrative actions; persons found

to be ineligible.

Enrollment of persons without an

enrolled parent.

Relinquishment of an adult.

Prohibition on relinquishment of a

minor.

False information; fraudulent acts;

otherwise ineligible.

Disenrollment.

Amendment procedures.

Tribal Member Identification;

Certification of Blood Quantum

Use of Fingerprint Reader.

Claiming financial or other benefits on

behalf of another tribal member.

Indian Child Welfare Act (“ICWA”)

cases.

Notices issued to last known address.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 5

ARTICLE 2

ELECTIONS

(As revised March 20, 2025)

5-201 Eligible Voters.

5-202 Election Board.

5-203 Notice of Election.

5-204 Qualification of Candidates.

5-205 Ballots.

5-206 Absentee Ballots.

5-207 Conduct of Elections.

5-208 Polling Place.

5-209 Conduct of Election Officials.

5-210 Campaigning.

5-211 Intoxication.

5-212 Loitering.

5-213 Election Tampering.

5-214 Placement on Primary Election Ballot.

5-215 Absentee Ballots for Primary Elections.

5-216 Primary Election.

5-217 Write-In Candidates as Qualified Candidates.

5-218 Absentee Ballots for General Election.

5-219 General Election.

5-220 Term of Office.

5-221 Runoff Election.

5-222 Certification and Oath of Office.

5-223 Election Code Amendments.

5-224 Emergencies.

5-225 Unexpired Seats on the Ballot.

5-226 Special Election to Determine Qualified Individual

to Fill a Vacancy.

5-227 Forms.

TITLE 5

ARTICLE 3

[Reserved]

TITLE 5

ARTICLE 4

REPEALED

xli

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 6

CIVIL TRAFFIC CODE

(As amended August 27, 2003)

ARTICLE 1

GENERAL PROVISIONS

6-101 Purpose.

6-102 Construction of Rules.

6-103 References to the law of the State of

Nebraska incorporated.

6-104 Inappropriate references to be given a

common sense meaning.

6-105 Severability.

6-106 Violations; civil violation.

6-107 Peace officers; duty to enforce rules and

laws; powers.

6-108 Civil penalties.

TITLE 6

ARTICLE 2

PROCEDURES

6-201 Enforcement; citation; complaint; contents;

procedure.

6-202 Civil penalty and costs; failure to pay;

judgment; installments.

6-203

Person charged with traffic infraction;

citation; conditions; penalty.

TITLE 6

ARTICLE 3

LICENSING, REGISTRATION AND VEHICLE REQUIREMENTS

6-301 Motor vehicle registration.

6-302 Operation of unregistered motor vehicle;

penalty.

6-303 Motor vehicle title.

6-304 Violation of motor vehicle title

requirements; penalty.

6-305 Operator’s license.

6-306 Violation of operator’s license

requirements; penalty.

xlii

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 6

ARTICLE 4

MOVING TRAFFIC

6-401 Obedience to traffic control devices;

6-425

6-426

exceptions.

6-427

6-402 Traffic control signals; meaning; turns on

red signal; when.

6-403 Pedestrian-control signals.

6-404 Flashing signals; exception.

6-428

6-405 Driving on right half of roadway required;

exceptions.

6-406 Vehicles proceeding in opposite direction;

6-429

passing.

6-430

6-407 Overtaking and passing rules; vehicles

proceeding in same direction.

6-408 Overtaking and passing upon the

6-431

right; when permitted.

6-432

6-409 Limitations on overtaking and passing on the

left; precautions required; return to right side 6-433

of highway.

6-410 Limitations on overtaking, passing, or

driving to the left of the center of roadway;

when prohibited.

6-434

6-411 No-passing zones; exception.

6-412 One-way roadways and rotary traffic islands;

jurisdiction; exception for emergency

vehicles.

6-435

6-413 Driving on roadways laned for traffic; rules;

traffic control devices.

6-414 Following vehicles; restrictions.

6-436

6-415 Driving on divided highways; driving

on median prohibited; exceptions.

6-416 Driving on highway shoulders prohibited;

6-437

exceptions.

6-417 Controlled-access highway; entrances;

6-438

exits.

6-418 Vehicles approaching or entering

6-439

intersection at same time; right-of-way;

entering a highway or roadway.

6-419 Vehicle turning left; yield right-of-way.

6-440

6-441

6-420 Preferential right-of-way; stop and

6-442

yield signs.

6-421 Vehicle entering roadway from private road

6-443

or driveway; yield right-of-way.

6-444

6-422 Moving a stopped, standing, or parked

6-445

vehicle; yield right-of-way.

6-423 Operation of vehicles upon the approach of

6-446

emergency vehicles.

6-424 Driving upon sidewalk; prohibited; exception. 6-447

xliii

Basic rule; speed.

Speed; maximum limits; signs.

Special speed limitations; motor vehicle

towing a mobile home; school buses; motordriven cycle.

Speed determination; use of speed

measurement devices; requirements;

apprehension of driver; when.

Minimum speed regulation; impeding traffic.

Charging violations of speed regulation;

summons; burden of proof; elements of

offense.

Racing on highways; violation; penalty.

Driving under influence of alcoholic liquor

or drug; penalties.

Driving under influence of alcoholic liquor

or drugs; implied consent to submit to

chemical test; when test administered;

refusal; penalty.

Driving under influence of alcoholic liquor

or drugs; test; additional rest; refusal to

permit; effect; results of test; available upon

request.

Driving under influence of alcoholic liquor

or drugs; chemical test; consent of person

incapable of refusal not withdrawn.

Driving under influence of alcoholic liquor

or drugs; chemical test; violation of statute

or ordinance; results; competent evidence.

Blood sample; results of chemical test;

admissible in civil proceeding; disclosure

required.

Person under twenty-one years of age;

prohibited acts; enforcement.

Implied consent to submit to chemical test;

when test administered; refusal; penalty.

Careless driving, defined; penalty.

Reckless driving, defined; penalty.

Willful reckless driving, defined.

Willfull reckless driving; penalty.

Winnebago brake and turn signal law.

Turn signals and signals given by hand and

arm.

Hand and arm signals; how given.

Brake and turn signal requirements.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 6

ARTICLE 5

NON-MOVING TRAFFIC

6-501 Pedestrian obedience to traffic control

devices and regulations.

6-502 Pedestrians’ right-of-way in crosswalk;

traffic control devices.

6-503 Crossing at other than crosswalks; yield

right-of-way.

6-504 Pedestrians on highways and roadways;

sidewalks and shoulders.

6-505 Pedestrians soliciting rides or business;

prohibited acts.

6-506 Stopping, parking, or standing upon

a roadway or bridge; limitations.

6-507 Persons authorized to remove vehicles; cost

of removal; lien.

6-508

6-509

6-510

6-511

6-512

6-513

6-514

6-515

Stopping, standing, or parking prohibited;

exceptions.

Parking regulations; signs; control by local

authority.

Unattended motor vehicles; conditions.

Overloading front seat or obstructing driver;

prohibited.

Opening and closing vehicle doors;

restriction.

Traveling on a downgrade; gears; position.

Following fire apparatus in response to an

alarm; prohibited.

Restrictions on driving over unprotected fire

hose.

TITLE 6

ARTICLE 6

HIGHWAYS, ROADS AND BRIDGES

6-601

Removal of traffic hazards; determined by

local authority; violation; penalty.

6-602 Depositing materials on roads or ditches;

penalties.

6-603 Rubbish on highways or roads; prohibited;

signs; enforcement; violation; penalties.

6-604 Camping; permitted; where; violation;

penalty.

6-605

6-606

xliv

Hunting, trapping, or molesting predatory

animal on or from roadway; prohibited,

exception; violation; penalty.

Advertising signs, displays, or devices;

permitted signs enumerated.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 6

ARTICLE 7

VEHICLE AND TRAFFIC SAFETY

6-701 Peace officers; investigation of traffic

accident; duty to report; Department of

Roads; powers; duties.

6-702 Accidents; reports required of

operators and owners; when;

supplemental reports; reports of peace

officers open to public inspection;

limitation on use as evidence;

violation; penalty.

6-703 Accidents; reports required of garages and

repair shops.

6-704 Accidents; coroner; report to Nebraska

Department of Roads.

6-705 Accident; death; driver; pedestrian sixteen

years or older; coroner; examine body;

amount of alcohol or drugs; report to

Department of Roads; public information.

6-706 Accident; driver or pedestrian sixteen years

of age or older; person killed; submit to

chemical test; results in writing to DirectorState Engineer; public information.

6-707 Accidents; body fluid; samples; test;

report.

6-708 Roadway; removal of dead or injured

persons; peace officer.

6-709 Roadways, travel on; regulation by local

authorities; when authorized; signs.

6-710 Display of unauthorized signs, signals, or

markings; public nuisance; removal.

6-711 Advertising devices adjacent to highway;

when prohibited; public nuisance; removal.

6-712 Required obedience to traffic laws; private

property used for public road by consent of

owner; provisions uniform throughout the

Reservation.

6-713 Drivers to exercise due care with

pedestrian;

audible signal.

6-714 Obedience to peace officers; violation;

penalty.

6-715 Failing to observe a blind person; penalty.

6-716 Persons riding animals or driving animal

drawn vehicles; farm implements; duties.

6-717 Interference with official traffic control

devices or railroad signs or signals;

xlv

6-718

6-719

6-720

6-721

6-722

6-723

6-724

6-725

6-726

6-727

6-728

6-729

6-730

6-731

6-732

6-733

6-734

6-735

6-736

6-737

Signs, markers, devices, or notices;

prohibited acts; penalty.

Motor vehicle; motorcycle; lights;

requirements; prohibited acts.

Lights; vehicle being driven.

Headlights; construction; adjustment;

requirements.

Violations; penalty.

Acetylene headlights; number;

construction; requirements.

Headlights; glare; duty of operator;

penalty.

Spotlights; auxiliary driving lights; signal

lights; other devices; intensity and

direction.

Parking lights; unlawful use.

Vehicle proceeding in forward motion;

backup lights on; prohibited; violation;

penalty.

Lights, red or green, in front of vehicle

prohibited; exceptions.

Lights; rotating or flashing; colored lights;

when permitted.

Flashing or rotating lights; emergency

vehicles; colors permitted.

Rotating or flashing amber light; when

permitted.

Rotating or flashing red light or red and

blue

lights; when permitted;

application; permit;

expiration.

Rotating or flashing lights; violation;

penalty.

Clearance lights; requirements;

substitution;

violations; penalty.

Vehicles required to have clearance lights;

flares; reflectors; when required as

equipment.

Vehicles required to have clearance lights;

flares; reflectors; how and when displayed.

Vehicles; red flags; red emergency

reflectors; when required as equipment;

how and when displayed.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

6-738

6-739

6-740

6-741

6-742

6-743

6-744

6-745

6-746

6-747

6-748

6-749

6-750

6-751

6-752

6-753

6-754

6-755

TITLE 6

ARTICLE 7

VEHICLE AND TRAFFIC SAFETY

(continued)

Clearance lights, flares, and reflector

6-756 Child passenger; use restraint system or

occupant protection system; when;

requirements; violations; penalty.

Removing flares or flags; penalty.

information and education program.

Vehicles; slow moving; emblem required;

6-757 Child passenger restraint requirements;

when used.

violations; penalty; defense.

Vehicles; slow moving; emblem; how

6-758 Violation of child passenger restraint

equipped; penalty.

requirements; how construed.

Load projecting to rear; red flag or red

6-759 Occupant protection system; use required;

light required.

when; exceptions.

Motor vehicles; brakes; requirements.

6-760 Enforcement of occupant protection system

Trailers; brake requirements; safety

requirements; when.

chains; when required.

6-761 Occupant protection system; violation;

Trucks and buses; brake requirements;

penalty.

violation; penalty.

6-762 Occupant protection system violation;

Hydraulic brake fluids; requirements;

evidence; when admissible.

6-763 Limitations on backing vehicles.

violation; penalty.

6-764 Obedience to signal indicating approach of

Tires; requirements; cleats or

train; prohibited acts.

projections prohibited; exceptions;

6-765 Buses and school buses required to stop at all

permissive uses; special permits;

railroad grade crossings; exceptions.

exceptions.

6-766

Grade crossings; certain carriers; required to

Trucks; rearview mirror.

stop; exceptions.

Operator; view to rear required;

6-767 School bus; safety requirements; use of stop

outside mirrors authorized.

signal arm; use of warning signal lights;

Windshield and windows;

violations; penalty.

nontransparent material prohibited;

6-768

Splash aprons; requirements; violation;

windshield equipment; requirements.

penalty.

Safety glass, defined.

6-769 Towing; drawbars or other connections;

Safety glass; requirements; vehicles

length; red flag required, when.

built after January 1, 1935;

6-770 Horn; requirements; prohibited acts.

motorcycle windshield; requirements;

6-771 Muffler or noise-suppressing system;

violation; penalty.

prevention of fumes and smoke;

Violation by common carrier; permit

requirements.

revoked or suspended.

6-772

Television

set; equipping motor vehicle with

Occupant protection systems.

screen visible to driver; penalty.

Occupant protection system; 1973

year model and later motor vehicles;

requirements; violation; penalty.

xlvi

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 6

ARTICLE 8

MISCELLANEOUS

6-801

6-802

6-803

6-804

6-805

6-806

6-807

6-808

6-809

6-810

6-811

6-812

6-813

6-814

6-815

6-816

6-817

6-818

6-819

6-820

Motor vehicle owner or operator; liability to

guest passenger; limitation.

Leased trucks, truck-tractors, and trailers;

liability of owner for damages.

Operating a motor vehicle or a vessel to

avoid arrest; penalty.

Winnebago Traffic Code; applicability to

persons operating motorcycles.

Restrictions on operating motorcycles.

Operating motorcycles on roadways laned

for traffic; prohibited acts.

Moped; operation; license or permit;

required.

Moped; operator; Winnebago Traffic Code;

applicable.

Moped; restrictions on operation.

Operating mopeds on roadways laned for

traffic; prohibited acts.

Winnebago Traffic Code; applicability to

persons operating bicycles.

Riding of bicycles; prohibited acts.

Bicycles on roadways and bicycle paths;

general rules; regulation by local authority.

Equipment on bicycles; lights; brakes.

Bicycles; reflective device or material; retail

sale; requirements; violation; penalty.

All-terrain vehicle, defined.

All-terrain vehicle; operation.

All-terrain vehicle; lights required; when.

All-terrain vehicle; equipment required.

Modification of all-terrain vehicle;

prohibited.

6-821

6-822

6-823

6-824

6-825

6-826

6-827

6-828

6-829

6-830

6-831

6-832

6-833

6-834

6-835

6-836

6-837

6-838

6-839

6-840

All-terrain vehicle; competitive events;

exemptions.

All-terrain vehicle; accident; report required.

Snowmobiles; registration required.

Snowmobile operation; equipment;

permission of landowner.

Snowmobile contests; requirements.

Snowmobiles; prohibited acts.

Snowmobile; operation; muffler, when

required.

Operation by person under twelve years of

age; operation by a person under sixteen;

restrictions; snowmobile safety certificate.

Snowmobile owner; prohibited acts.

Snowmobiles; carrying firearms; hunting;

unlawful.

Snowmobile; confiscation; sale; proceeds;

disposition.

Snowmobile operation; accident;

requirements.

Legislative intent.

Minibikes; operation; violations; penalty;

unlawful acts.

Radar transmission device; definitions.

Radar transmission device; operation;

possession; unlawful; violation; penalty.

Authorized devices.

Prohibited device; seizure; disposal.

Abandoned motor vehicle, defined.

Abandoned motor vehicle; title; vest in local

authority; when.

TITLE 6

ARTICLE 9

SPECIAL PROVISIONS APPLICABLE TO BIA ROUTE 17

6-901

6-902

6-903

Applicability

Gross vehicle weight limits established;

violation; fines.

Failure to stop; violation; penalties.

6-904

6-905

xlvii

Special Permit for Overweight

Vehicles for BIA Route 17;

violation; fine.

Speed; violation; fine.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 7

HEALTH, SAFETY, AND WELFARE

ARTICLE 1

MENTAL HEALTH COMMITMENT ACT

(As revised October 16, 2013)

7-101

7-102

7-103

Definitions.

Petition.

Counsel.

7-104

7-105

7-106

Hearing On The Petition.

Disposition.

Emergency Protective Custody.

TITLE 7

ARTICLE 3

ANIMALS

(Revised March 9, 2011)

7-300

7-301

7-302

7-303

7-304

7-305

7-306

7-307

7-308

7-309

7-310

7-311

7-312

7-313

7-314

7-315

7-316

7-317

7-318

7-319

7-320

7-321

7-322

7-323

7-324

7-325

7-326

Definitions.

Offices designated.

Licensing of dogs and cats.

Breeder of Kennel permits.

Rabies certification of vaccination

required.

Fee waiver.

Display of tag.

Transfer or change of ownership.

Duplicate tag.

Removal of license tags.

At large prohibited.

Spay and Neuter.

Impoundment and ticketing.

Disposition of animals.

General prohibitions and duties.

Animal care; animal cruelty.

Release or adoption of animals.

Release of unsterilized animals.

Number of animals.

Non-indigenous birds.

Impoundment fees.

Redemption.

Injured animals at large.

Confinement of animals.

Dog pens.

Conditions of pens and premises.

Animal bites.

7-327

7-328

7-329

7-330

7-331

7-332

7-333

7-334

7-335

7-336

7-337

7-338

7-339

7-340

7-341

7-342

7-343

7-344

7-345

xlviii

Nuisance animals.

Dangerous animals.

Determination of vicious animal,

dangerous animal, potentially dangerous

animal; notice to owner.

Vicious dogs.

Appeal procedure.

Requirements for dangerous animals;

penalties.

Animal fighting or attack training;

penalty.

Keeping of innately wild animals.

Wildlife protection.

Keeping of exotic animals.

Keeping of livestock.

Keeping of animals for which no licensed,

approved rabies vaccine is available.

Kennel standards.

Harboring of strays.

Trapping animals.

Rabies reports; examination; quarantine.

Civil liability of owner for damages

caused by the owner’s dog, cat or other

domesticated animal.

Sovereign immunity of the Tribe.

Penalties.

December 2025

WINNEBAGO TRIBAL CODE

TITLE 7

ARTICLE 4

OPEN BURNING

7-401

7-402

7-403

Definitions.

Open burning.

Prohibition on open burning.

7-404

7-405

Trash containers.

Penalty.

TITLE 7

ARTICLE 5

BURNING OF PETROLEUM PRODUCTS

7-501

7-502

Definitions.

Burning of petroleum products.

7-503

Penalty.

TITLE 7

ARTICLE 6

OPEN DUMPING

7-601

7-602

Definitions.

Open dumping.

7-603

7-604

Containment Dumping.

Penalty.

TITLE 7

ARTICLE 8

COMPULSORY EDUCATION

7-801

7-802

7-803

7-804

7-805

7-806

Compulsory Education; attendance

required.

Violation.

Compulsory Education, exceptions.

General Equivalency Diploma Program.

Record of attendance; made where.

Non-attendance lists; transmission of

information.

7-807

7-808

7-809

7-810

7-811

7-812

7-813

xlix

Entry or withdrawal of student;

attendance reports.

Non-attendance; duty to report;

investigation.

Excessive absenteeism; report.

Collaborative plan; considerations.

School procedures.

Progressive Discipline.

Effective date.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 7

ARTICLE 9

FOOD CODE

7-901

7-902

7-903

7-904

7-905

7-906

7-907

7-908

7-909

7-910

7-911

7-912

7-913

7-914

7-915

7-916

7-917

7-918

7-919

7-920

7-921

7-922

7-923

Food Code.

Food safety, illness prevention and

honest presentation.

Statement.

Statement of application and listing of

terms.

Person in Charge.

Clean Condition.

Cleaning Procedure.

When to Wash.

Clean Condition.

Eating, Drinking, or Using Tobacco.

Discharge from the Eyes, Nose or

Mouth.

Food.

Characteristics.

Nonfood-Contact Surfaces.

Equipment and Utensils.

Food-Contact Surfaces.

Nonfood-Contact Surfaces.

Approved System.

Outdoor Enclosure.

Receptacles.

Outside Receptacles.

Storing Refuse, Recyclables, and

Returnables.

Areas, Enclosures, and Receptacles,

Good Repair.

7-924

7-925

7-926

7-927

7-928

7-929

7-930

7-931

7-932

7-933

7-934

7-935

7-936

7-937

7-938

7-939

7-940

7-941

7-942

7-943

7-944

Surface Characteristics.

Handwashing Cleanser, Availability.

Mechanical.

Maintaining Premises, Unnecessary Items

and Litter.

Prohibiting Animals.

Separation of poisonous or toxic materials.

Poisonous or toxic materials; Restriction.

Conditions of Use.

Rodent Bait Stations.

Public Health Protection.

Preventing Health Hazards, Provisions for

Conditions Not Addressed.

Modifications and Waivers.

Prerequisite for Operation.

Form of Submission.

Qualifications and Responsibilities of

Applicants.

Contents of Application.

Existing Establishments, Permit Renewal,

and Change of Ownership.

Denial of Application for Permit, Notice.

Revocation.

Appeal.

Responsibilities of Permit Holder.

TITLE 7

ARTICLE 10

CORONER

7-1000

7-1001

7-1002

7-1003

7-1004

7-1005

7-1006

Appointment of coroner; qualifications;

vacancies.

Investigations and inquests.

Expenses.

Witnesses; fees.

Oath of witnesses.

Testimony; filing.

Witness bound over; return.

7-1007 Burial.

7-1008 Bodies; effects; custody.

7-1009 Certificates of death.

7-1010 Expenses.

7-1011 Fingerprinting of unidentified deceased

person.

7-1012 Coroner removal of pituitary gland during

autopsy.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 7

ARTICLE 11

WINNEBAGO DRUG-FREE WORK PLACE

(Revised June 13, 2012)

7-1101

7-1102

7-1103

7-1104

7-1105

7-1106

7-1107

7-1108

7-1109

Citation.

Purpose.

Definitions.

Statement of policy on drugs.

Statement of policy on alcohol.

Zero tolerance policy.

Education and training of employees.

Drug and alcohol testing procedures;

reasonable suspicion.

Random drug and alcohol testing.

7-1110 Drug test results.

7-1111 Alcohol test results.

7-1112 Refusal to submit.

7-1113 Positive test results.

7-1114 Release of test results.

7-1115 Laboratory facility.

7-1116 Applicants; generally.

7-1117 Prohibited acts; penalties.

7-1118 Supervisor responsibility.

7-1119 Consent to jurisdiction.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 7

ARTICLE 12

WINNEBAGO WORKER’S COMPENSATION

7-1201

7-1202

7-1203

7-1204

7-1205

7-1206

7-1207

7-1208

7-1209

7-1210

7-1211

7-1212

7-1213

7-1214

7-1215

7-1216

7-1217

7-1218

7-1219

7-1220

7-1221

7-1222

7-1223

7-1224

7-1225

Purpose.

Effective Date.

Scope and Exclusive Remedy.

Sovereign Immunity.

Acknowledgment of Program

and Notice to Covered Employees.

Definitions.

Notice of Injury to Employer & Filing

of Claim with Administrator.

Administrator.

Time Limit for Filing of Claim.

Medical Treatment of Covered

Employee.

Independent Medical Examination.

Effect of Refusal or Obstruction

of Examination or Treatment.

Access to Medical Records and

Medical Reports.

Aggravation of Pre-existing Injury.

Disclosure of Pre-existing Disabilities.

False Statement or Representation in

Employment Application.

Benefits Mistakenly Awarded by

Administrator.

Benefits Mistakenly Awarded by

the Worker’s Compensation Appeals

Committee.

Benefits Induced by Proven Fraud.

Right to Occupational Injury Benefits.

Employer’s Liability to Medical,

Surgical and Hospital Services.

Selection of Treating Physician by

Administrator.

Return to Work Form.

Waiver by Covered Employee Invalid.

Other Benefits Not Factors.

7-1226

7-1227

7-1228

7-1229

7-1230

7-1231

7-1232

7-1233

7-1234

7-1235

7-1236

7-1237

7-1238

7-1239

7-1240

7-1241

7-1242

7-1243

7-1244

7-1245

7-1246

lii

Defenses to Liability Denied.

Average Weekly Wage.

Maximum and Minimum Weekly

Benefits.

Compensation; Schedule; Total

Partial, and Temporary Disability;

Injury to Specific Parts of the

Body; Amounts and Duration of

Payments.

Exclusions from Coverage.

Waiting Period for Benefits.

Injuries Causing Death.

Computation of Payments of

Death Benefits.

Death Benefit Compensation

Schedule.

Death of Covered Employee Ends

Disability Payments.

Burial Expenses.

Waiting Time Penalty.

Worker’s Compensation Appeals

Committee.

Procedures for Disputed Claims.

Hearing Request Procedures.

Experts.

Liability of Third Person to

Injured

Covered

Employee;

Subrogation Powers.

Third Party Claim Procedures

and Notice.

Third Party Claims & Attorney

Fees.

Third Party Claims; Settlement

Requirements.

Awards.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 7

ARTICLE 13

FLOOD DAMAGE PREVENTION CODE

(Revised June 24, 2026)

7-1301

7-1302

7-1303

7-1304

7-1305

7-1306

7-1307

7-1308

7-1309

7-1310

7-1311

Statutory Authorization.

Findings of Fact.

Statement of Purpose.

Methods of Reducing Flood Losses.

Definitions.

Land to Which This Article Applies.

Basis for Establishing the Area of Special

Flood Hazard.

Penalties for Non-Compliance.

Abrogation of Greater Restrictions.

Interpretation.

Warning and Disclaimer of Liability.

7-1312 Establishment of Development Permits.

7-1313 Administration.

7-1314 Duties and Responsibilities of the

Administrator.

7-1315 Variance Procedures.

7-1316 General Standards for Flood Hazard

Reduction.

7-1317 Specific Standards for Flood Hazard

Reduction.

7-1318 Before Regulatory Floodway.

7-1319 Floodways.

TITLE 7

ARTICLE 14

WINNEBAGO POLLUTION CONTROL CODE

7-1400 Citation.

7-1401 Definitions.

7-1402 Pollution emissions and abatement.

7-1402.1 Abatement required.

7-1403 Exemption.

7-1404 Use of notification.

7-1405 Notification and approval of potential

emission facility.

7-1406 Livestock feedlots.

7-1407 Cause of action for abandonment of

hazardous waste on property of another.

7-1408 Livestock odor.

7-1409

7-1410

7-1411

7-1412

7-1413

7-1414

7-1415

7-1416

7-1417

7-1418

Authority to issue penalty orders.

Amount of penalty; considerations.

Corrective order.

Definitions.

PCB: prohibited use.

Definitions.

Exemptions.

Monitoring.

Contents labeled.

Environmental protection requirements.

TITLE 7

ARTICLE 15

LANDLORD TENANT RELATIONS

7-1501

7-1502

7-1503

7-1504

7-1505

7-1506

Applicability.

Definitions.

Rental Agreement.

Security Deposit.

Eviction for Possession of a Controlled

Substance.

Utilities and Waste Disposal.

7-1507

7-1508

7-1509

7-1510

7-1511

7-1512

7-1513

liii

Termination.

Rights and Obligations of Landlord.

The Rights and Obligations of Tenant.

Landlord Remedies.

Tenant Remedies.

Notification.

Winnebago Tribal Housing Committee.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 7

ARTICLE 16

SEX OFFENDER REGISTRATION

(Adopted May 25, 2011)

7-1601

7-1602

7-1603

7-1604

7-1605

7-1606

7-1607

7-1608

7-1609

7-1610

7-1611

7-1612

7-1613

7-1614

7-1615

7-1616

7-1617

7-1618

7-1619

7-1620

7-1621

7-1622

7-1623

7-1624

7-1625

7-1626

7-1627

7-1628

7-1629

7-1630

7-1631

7-1632

7-1633

7-1634

7-1635

7-1636

7-1637

7-1638

7-1639

7-1640

Citation.

Purpose and Legislative Intent.

Effective Date.

Construction of rules.

References to federal law incorporated.

Creation of Sex Offender Registry.

Creation of public Sex Offender Registry

website.

Cooperative Agreement with the State of

Nebraska permitted.

Definitions.

Covered offenses.

Tier 1 offenses; sex offenses.

Tier 1 offenses; offenses involving

minors.

Tier 1 offenses; certain tribal offenses.

Tier 1 offenses; certain federal offenses.

Tier 1 offenses; certain military offenses.

Tier 2 offenses; recidivism and felonies.

Tier 2 offenses; offenses involving

minors.

Tier 2 offenses; certain tribal offenses.

Tier 2 offenses; certain federal offenses.

Tier 2 offenses; certain military offenses.

Tier 3 offenses; recidivism and felonies.

Tier 3 offenses; general offenses.

Tier 3 offenses; certain tribal offenses.

Tier 3 offenses; certain federal offenses.

Tier 3 offenses; certain military offenses.

Required information; general

requirements.

Criminal history.

Date of Birth.

DNA sample.

Driver’s licenses, identification cards,

passports, and immigration documents.

Employment information.

Finger and palm prints.

Internet identifiers.

Name.

Offense Information.

Phone numbers.

Picture.

Physical description.

Professional licensing information.

Residence address.

7-1641

7-1642

7-1643

7-1644

7-1645

7-1646

7-1647

7-1648

7-1649

7-1650

7-1651

7-1652

7-1653

7-1654

7-1655

7-1656

7-1657

7-1658

7-1659

7-1660

7-1661

7-1662

7-1663

7-1664

7-1665

7-1666

7-1667

7-1668

7-1669

7-1670

7-1671

liv

School.

Social Security Number.

Temporary lodging.

Vehicle information.

Frequency.

Reduction of registration periods.

Clean record.

Requirements for in person appearances.

Where registration is required;

jurisdiction of conviction.

Where registration is required;

jurisdiction of incarceration.

Where registration is required;

jurisdiction of residence.

Where registration is required;

jurisdiction of employment.

Where registration is required;

jurisdiction of school attendance.

Where registration is required;

jurisdiction of where may be found.

Timing of registration; timeframe.

Timing of registration; duties of Chief

of Police.

Retroactive registration.

Timing of recapture.

Keeping registration current; jurisdiction

of residency.

Keeping registration current; jurisdiction

of school attendance.

Keeping registration current; jurisdiction

of employment.

Keeping registration current; duties of

Chief of Police.

Failure to appear for registration and

absconding; failure to appear.

Failure to appear for registration and

absconding; absconded sex offenders.

Failure to appear for registration and

absconding; failure to register.

Website.

Dru Sjodin National Sex Offender

Public Website.

Required website information.

Prohibited website information.

Witness protection.

Law enforcement notification.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 7

ARTICLE 16

SEX OFFENDER REGISTRATION

(Adopted May 25, 2011)

(continued)

7-1672

7-1673

7-1674

7-1675

7-1676

Community notification.

No waiver of immunity.

Good faith.

Violation; criminal offense.

Violation; civil penalty.

7-1677

7-1678

Hindrance of sex offender registration;

criminal offense.

Hindrance of sex offender registration;

civil penalty.

TITLE 7

ARTICLE 17

SEX OFFENDER RESTRICTIONS

(Adopted October 19, 2011)

7-1701 Purpose.

7-1702 Definitions.

7-1703 Residency restrictions; general.

7-1704 Residency restrictions; civil penalty.

7-1705 Residency restrictions; tribal property

7-1706 Measurement of distance.

7-1707 Renting to a sex offender.

7-1708 Exclusion zones.

7-1709 Exclusion zones; civil penalty.

7-1710 Effective date.

TITLE 7

ARTICLE 18

WHISTLE BLOWER PROTECTION

(Adopted October 5, 2015)

7-1801

7-1802

7-1803

7-1804

7-1805

7-1806

7-1807

7-1808

Citation.

Purpose.

Scope.

Authority.

Definitions.

Employee’s Duty to Report.

Reports of Criminal Activity.

Reports of Mismanagement, Waste,

Abuse, or Dangers to Public Health or

Safety.

7-1809

7-1810

7-1811

7-1812

7-1813

7-1814

7-1815

7-1816

Retaliation Prohibited.

Reporting that is not Protected.

False Claims.

Cause of Action.

Limited Waiver of Sovereign Immunity.

Limited Remedies.

Exclusive Jurisdiction and Sovereign

Immunity.

Effective Date.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 7

ARTICLE 19

SETTLING PARTICIPANT BRAND LISTING ACT

(Adopted December 22, 2015)

7-1901

7-1902

7-1903

Citation.

Purpose.

Definitions.

7-1904

7-1905

7-1906

Brand Listing.

Restrictions on Conduct.

Enforcement Action.

TITLE 7

ARTICLE 20

PUBLIC HEALTH CODE

(Adopted December 15, 2021)

7-2001 Citation.

7-2002 Purpose.

7-2003 Definitions.

7-2004 Declaration.

7-2005 Isolation and Quarantine.

7-2006 Enforcement.

7-2007 Sovereign Immunity.

7-2008 Severability.

7-2009 Effective Date.

TITLE 7

ARTICLE 21

SEXUALLY TRANSMITTED DISEASES AND MINORS

(Adopted July 17, 2024)

7-2101 Sexual Transmitted Diseases;

Enumerated.

7-2002 Sexually Transmitted Diseases;

Minors; Treatment Without Consent.

7-2103 Confidentiality of Minor

Diagnosis and Treatment.

lvi

December 2025

WINNEBAGO TRIBAL CODE

TITLE 8

NATURAL RESOURCES

(Revised May 20, 2026)

ARTICLE 1

WILDLIFE AND PARKS

GENERAL PROVISIONS

8-100

8-101

Authority.

Policy.

8-104

8-105

8-102

8-103

Applicability.

Intent.

8-106

8-107

Effective Date.

Winnebago Wildlife and Parks

Commission.

Name.

Cooperative and Reciprocal

Agreements.

DEFINITIONS

8-108

Definitions, Interpretations.

WILDLIFE AND PARKS COMMISSION REGULATIONS

8-109

8-110

8-111

8-112

8-113

8-114

Regulations and Statutes: Contents.

Powers.

Conservation Officers’ Duties.

Search.

Authority to Enter Private Land.

Seizure Without Warrant.

8-115

8-116

8-117

8-118

8-119

Forfeiture.

Civil Liability.

Maximum Penalties.

Penalty Schedule.

Waiver Provision.

LICENSE INFORMATION

8-120

8-121

8-122

8-123

8-124

8-125

Residency.

Application for a License.

Validating Licenses.

License Classes and Fees.

Special Permits.

Basic License Requirements.

8-126

8-127

8-128

8-129

8-130

Number of Licenses Issued.

Season Limitations.

Bag Limits.

Lost Licenses.

Revoked Licenses.

lvii

May 2026

WINNEBAGO TRIBAL CODE

TITLE 8

WATERFOWL

8-131

8-132

8-133

8-134

8-135

8-136

Waterfowl Regulations.

Restrictions.

Closed Season.

Shooting or Hawking Hours.

Field Possession Limit.

Wanton Waste.

8-137

8-138

8-139

8-140

8-141

Tagging.

Possession of Live Birds.

Dressing.

Shipment.

[Reserved.]

BIG GAME REGULATIONS

8-142

8-143

8-144

8-145

Shooting Hours.

Firearms.

Bow and Arrow.

Legal Animals.

8-146

8-147

8-148

8-149

Non-licensees.

Tagging and Transportation.

Hunter Orange.

Big Game Hunting.

RESTRICTIONS

8-150

8-151

8-152

8-153

8-154

8-155

8-156

8-157

8-158

Restrictions.

Flagging.

Visible Bait.

Raw furs.

Trap Checking.

Live Furbearers.

Fishing Regulations.

Trespass.

Retrieval.

8-159

8-160

8-161

8-162

8-163

8-164

8-165

8-166

Harassment.

Livestock and Fences.

Closed Areas.

Motor Vehicles.

Artificial Light.

Inspection.

Threatened and Endangered Species.

Bobcats.

FIREARMS POLICY

8-167

8-168

8-169

8-170

8-171

8-172

8-173

Definitions.

Firearms Policy.

Administration of Firearms.

Firearms; Record.

Initial Qualification Requirements.

Procedures When a Firearm is Used.

Responsibility of the Lead

Conservation Officer.

8-174

8-175

8-176

8-177

8-178

lviii

Responsibility of the Department of

Wildlife and Parks Supervisor.

Responsibility of the Chief Administrative

Officer.

Medical Standards.

Misconduct.

Special Permits.

May 2026

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 8

ARTICLE 2

WATER MANAGEMENT

(Revised January 23, 2025)

8-201

8-202

8-203

8-204

8-205

8-206

8-207

8-208

Purposes.

Major Actions.

Definitions.

Severability.

Composition of the Committee.

Committee Chairperson.

Committee Meetings.

Duties.

8-209

8-210

8-211

8-212

8-213

8-214

8-215

Committee Member Provisions.

Listing of Current Uses.

Water Resource Information.

Public Cooperation.

Declarations of New Water Use.

Inventory Update.

Committee and Administrator

Responsibilities.

TITLE 8

ARTICLE 3

HEMP

(Revised September 24, 2024)

8-310 Other License Requirements and

Restrictions.

8-311 Lot Permits.

8-312 Reporting and Recordkeeping.

8-313 Sampling and Testing.

8-314 Annual Inspections of a Random Hemp

Sample.

8-315 Transporting Hemp.

8-316 Crop Destruction and Remediation.

8-317 Penalties.

8-301 Authority.

8-302 Citation.

8-303 Policy and Purpose.

8-304 Jurisdiction.

8-305 Definitions.

8-306 Hemp Program.

8-307 Hemp Oversight and Licensing

Commission

8-308 Hemp License Applications.

8-309 Hemp License Application Contents.

TITLE 8

ARTICLE 4

CULTURAL RESOURCE PROTECTION CODE

(Revised May 20, 2026)

8-401 Authority.

8-402 Intent and Purpose.

8-403 Definitions.

8-404 Protection of Cultural Materials.

8-405 Tribal Historic Preservation Officer.

8-406 Cultural Resource Review Process.

8-407 Determination of Adverse Effects.

8-408 Mitigation of Adverse Effects.

8-409 Tribal Monitors.

8-410 Permits.

8-411 Appeal and Review.

8-412 Enforcement and Penalties.

8-413 Confidentiality and Disclosure.

lix

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 9

GAMING

(Amended and Restated as of February 22, 2013)

ARTICLE 1

DEFINITIONS AND GENERAL PROVISIONS

9-101

9-102

9-103

9-104

Definitions.

Gaming permitted.

Tribe as sole owner.

Application of gaming revenues.

9-105

9-106

9-107

9-108

Distribution limitation.

Management authorized.

Governing laws.

Purpose.

TITLE 9

ARTICLE 2

TRIBAL GAMING COMMISSION

9-201 Establishment and composition of

commission.

9-202 Qualifications of commissioners.

9-203 Meetings.

9-204 Resignation.

9-205 Removal.

9-206 Commission office.

9-207 Monthly reports.

9-208

9-209

9-210

9-211

9-212

9-213

Powers and duties of the gaming

commission.

Compensation and expenses.

Commission budget.

Commission records.

Financial interest prohibited.

Rules.

TITLE 9

ARTICLE 3

LICENSING PROVISIONS

9-301

9-302

9-303

9-304

Required licenses.

Facility license.

Operator’s license.

Licensing of employees and key

employees.

9-305a License for distributor and suppliers.

9-305b Machine licenses.

9-305 c

Vendor license.

9-306 Provisional license.

9-307 Notification to national commission.

9-308 Certification of gaming devices; seizure of

contraband authorized.

9-309 Access to premises and records.

9-310

9-311

9-312

9-313

9-314

9-315

9-316

9-317

9-318

9-319

9-320

9-321

All information confidential.

Duration of licenses.

License suspension; revocation.

Forms of licenses.

License application fee.

Background investigations.

Eligibility determination.

Forwarding applications and reports to the

national commission.

Report to the national commission.

Granting a gaming license.

Application forms.

Burden of proof.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 9

ARTICLE 4

CLASS II GAMING

9-401 Gaming regulated.

9-402

Games authorized.

TITLE 9

ARTICLE 5

CLASS III GAMING

9-501

9-502

9-503

9-504

9-505

9-506

Gaming regulated.

Games authorized.

Gaming rules.

Rules displayed.

Gaming devices.

Security.

9-507

9-508

9-509

9-510

9-511

Commission rules.

Right of entry and inspection.

No credit.

Notification of violations.

Surveillance.

TITLE 9

ARTICLE 6

VIOLATIONS; PENALTIES

9-601

9-602

9-603

9-604

9-605

Role of Tribal prosecutor.

Tribal Court jurisdiction.

Prohibited acts.

Criminal violations penalties.

Civil violations.

9-606

9-607

9-608

9-609

9-610

Civil penalties.

Consent to jurisdiction.

Civil actions.

Administrative hearings.

Agent for service.

TITLE 9

ARTICLE 7

MISCELLANEOUS PROVISIONS

9-701

9-702

9-703

9-704

9-705

9-706

9-707

Sovereignty not waived.

Audits.

Contracts subject to audit.

Public safety.

Unclaimed winnings.

Saving clause.

Short title.

9-708

9-709

9-710

9-711

9-712

9-713

lxi

Repeal of prior law.

Customer disputes.

Customer rights regarding disputes.

Gaming commission action on customer

disputes.

Right to exclude or remove.

Review and approval of gaming contracts.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 10

GENERAL REVENUE AND TAX CODE

(As amended February 17, 2010)

TITLE 10

ARTICLE 1

TAXATION

10-101

10-102

10-103

10-104

10-105

10-106

10-107

10-108

10-109

10-110

10-111

10-112

10-113

Citation.

Purpose.

Tax Commission.

Composition of the Tax Commission.

Seal.

General Powers of the Tax Commission.

Rulemaking Authority.

Forms.

Tax Stamps and Licenses.

Records.

Bookkeeping.

Collection Account; Deposits.

Tax Commission Employees and

Expenses.

10-114 Nepotism.

10-115-119

Reserved.

10-120 Collection of Taxes.

10-121 Collection of Delinquent Taxes.

10-122 Other Remedies.

10-123 Inventory of Seized Property.

10-124 Public Sale of Forfeited Property.

10-125

Exempt Property.

10-126-10-150 Reserved.

10-151

Administrative Appeals.

10-152

Limitations on Administrative Appeals.

10-153

Exhaustion of Administrative Remedies.

10-154

Suits against the Tax Commission.

10-155

Limitations on Suits against the Tax

Commission.

10-156

Refunds to Taxpayers.

10-157-10-180 Reserved.

10-181

Forgery of Stamps or other tax

instruments.

10-182

Offenses.

10-183

General Penalties.

10-184

Referrals for Federal Prosecution.

10-185

Interest.

10-186

Commencement of Actions.

10-187

Taxes Erroneously paid.

10-188

Penalties.

10-189

Records.

TITLE 10

ARTICLE 2

SALES TAX

10-200

10-201

10-202

Definitions.

Tax on sales of goods.

Exceptions.

10-203

10-204

10-205

Impact of tax.

Payment of tax.

Permit System.

TITLE 10

ARTICLE 3

GASOLINE TAX

10-300

10-301

10-302

Definitions.

Tax on sales of gasoline.

Exceptions.

10-303

10-304

10-305

lxii

Impact of tax.

Collection of tax.

Payment of tax.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 10

ARTICLE 4

CONSTRUCTION TAX

10-400

10-401

10-402

Definitions.

Construction Tax.

Subcontractors.

10-403 Payment Requirements.

10-404 Material Purchase Certificates.

10-405 State and Local Taxation.

TITLE 10

ARTICLE 5

BINGO TAX

[Repealed January 1, 2016]

[TCR 05-39, 16-39]

TITLE 10

ARTICLE 6

TOBACCO TAX

10-600

10-601

10-602

10-603

10-604

Definitions.

Sales of Tribal Cigarettes.

Internet Sales of Tribal Cigarettes.

Other Tribal Tobacco Products.

Compact Exceptions.

10-605

10-606

10-607

10-608

10-609

Wholesale Exceptions.

Impact of Tax.

Tax Collection.

Payment of Tax.

Effective Date.

TITLE 10

ARTICLE 7

HOTEL LODGING TAX

(As adopted January 16, 2012)

10-700

10-701

10-702

10-703

10-704

Definitions.

Imposition of Tax; Exemptions.

Records.

Returns.

Payment of Tax.

10-705

10-706

10-707

10-708

lxiii

Assessment and Determination of Tax.

Notices.

Licenses and Registration.

Interest and Penalties.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 11

BUSINESS CORPORATION CODE

ARTICLE 1.00

CITATION; DEFINITIONS

11-001

Citation.

11-011 Definitions.

ARTICLE 1.02

APPLICATION

11-021

11-041

Repeal of previous business corporation

code.

Reservation of right.

11-061 Corporations wholly owned by the Tribe.

11-081 Sovereign immunity of the Tribe not

waived.

ARTICLE 1.10

INCORPORATION; ARTICLES

11-101

11-105

11-111

11-115

11-117

11-121

11-123

11-131

Purposes.

Incorporators.

Articles.

Corporate name.

Reserved name.

Registered office; registered agent.

Change of registered office or registered

agent; change of name of registered

agent.

Amendment of Articles.

11-133 Procedure for amendment before

issuance of shares.

11-135 Procedure for amendment after issuance

of shares.

11-137 Class or series voting on amendments.

11-139 Articles of amendment.

11-141 Effect of amendment.

11-151 Filing articles.

11-153 Effective date of articles.

11-155 Presumption; Certificate of Incorporation.

ARTICLE 1.16

POWERS

11-161

11-163

Powers.

Corporate seal.

11-165 Effect of lack of power; ultra vires.

ARTICLE 1.17

ORGANIZATION; BYLAWS

11-171

Organization.

11-181 Bylaws.

lxiv

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

ARTICLE 2

BOARD

11-201

11-203

11-205

11-207

11-209

11-211

11-213

11-215

11-221

11-223

Board.

Number.

Qualifications; election.

Terms.

Acts not void or voidable.

Compensation.

Classification of directors.

Cumulative voting for directors.

Resignation.

Removal of directors.

11-225

11-231

11-233

11-235

11-237

11-239

11-241

11-251

11-255

Vacancies.

Board meetings.

Absent directors.

Quorum.

Act of the board.

Action without meeting.

Committees.

Standard of conduct.

Director conflicts of interest.

ARTICLE 3

OFFICERS

11-301

11-305

11-311

11-315

11-321

Officers required.

Duties of required officers.

Other officers.

Multiple offices.

Officers deemed elected.

11-331

11-341

11-351

11-361

Contract rights.

Resignation; removal; vacancies.

Delegation.

Standard of conduct.

ARTICLE 4

SHARES; SHAREHOLDERS

11-401

11-402

11-403

11-405

11-413

11-417

11-419

11-423

11-425

11-429

11-431

11-433

Authorized shares.

Share dividends, divisions, and

combinations.

Subscriptions for shares.

Consideration for shares; value and

payment; liability.

Preemptive rights.

Share certificates; issuance and contents;

uncertificated shares.

Lost share certificates; replacement.

Fractional shares.

Liability of subscribers and shareholders

with respect to shares.

Restriction on transfer or registration of

securities.

Regular meetings of shareholders.

Special meetings of shareholders.

11-435 Notice.

11-436 Electronic communications.

11-437 Act of the shareholders.

11-441 Action without a meeting.

11-443 Quorum.

11-445 Voting rights.

11-447 Voting of shares by organizations and

legal representatives.

11-449 Proxies.

11-453 Voting trusts.

11-455 Shareholder voting agreements.

11-457 Shareholder control agreements.

11-461 Books and records; inspection.

11-463 Financial statements.

11-467 Equitable remedies.

11-471 Rights of dissenting shareholders.

11-473 Procedures for asserting dissenter’s rights.

lxv

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

ARTICLE 5

LOANS; OBLIGATIONS; DISTRIBUTIONS

11-501

11-505

11-521

11-551

11-553

Loans; guarantees; suretyship.

Advances.

Indemnification.

Distributions.

Powers to acquire shares.

11-557 Liability of shareholders for illegal

distributions.

11-559 Liability of directors for illegal

distributions.

ARTICLE 6

MERGER, EXCHANGE, TRANSFER

(As revised March 30, 2015)

11-600

11-601

11-611

11-613

11-615

11-621

Definitions

Merger, exchange, transfer.

Plan of merger or exchange.

Plan approval.

Articles of merger or

certificate.

Merger of subsidiary.

exchange;

11-631 Abandonment.

11-641 Effective date of merger or exchange;

effect.

11-651 Merger or exchange with foreign

corporation.

11-661 Transfer of assets; when permitted.

ARTICLE 7

DISSOLUTION

11-701

11-711

11-721

11-723

11-727

11-729

11-731

11-734

11-741

11-751

11-753

Methods of dissolution.

Voluntary dissolution by incorporators.

Voluntary dissolution by shareholders.

Filing notice of intent to dissolve; effect.

Dissolution procedure for corporations

that give notice to creditors and

claimants.

Dissolution procedure for corporations

that do not give notice.

Revocation of dissolution proceedings.

Effective date of dissolution; certificate.

Supervised voluntary dissolution.

Judicial intervention; equitable

remedies or dissolution.

Procedure in involuntary or supervised

voluntary dissolution.

11-755 Qualifications of receivers; powers.

11-757 Action by Tribal Council.

11-759 Filing claims in proceedings to dissolve.

11-761 Discontinuance of dissolution

proceedings.

11-763 Decree of dissolution.

11-765 Filing decree.

11-771 Deposit with Tribal Treasurer of amount

due certain shareholders.

11-781 Claims barred; exceptions.

11-783 Right to sue or defend after dissolution.

11-791 Omitted assets.

ARTICLE 8.01

EXTENSION

11-801

Extension after duration expired.

11-805 Effect of extension.

lxvi

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

ARTICLE 8.21

CORPORATE REGISTRATION

11-821

Winnebago Tribal corporate registration.

ARTICLE 9

ACTIONS AGAINST CORPORATIONS

11-901

Service of process on corporation.

11-917 Court action; remedies and penalties.

ARTICLE 10

CORPORATIONS WHOLLY OWNED BY THE TRIBE

11-1001

11-1002

11-1003

11-1010

11-1021

Scope.

Application.

Special powers, privileges and

immunities of corporations wholly

owned by the Tribe.

Board.

Shares in corporations wholly

owned by the Tribe; shareholders;

voting.

11-1022

11-1023

11-1030

11-1091

Liability of Tribe as shareholder.

Shareholder meetings.

Assets, distribution of income.

Voluntary dissolution by incorporators.

ARTICLE 11

EFFECTIVE DATE AND AUTHORITY

11-1101

11-1111

Severability; effect of invalidity of part

of this Code.

Effective date.

11-1113

11-1117

lxvii

Authority.

No impairment of contracts.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

ARTICLE 12

CONVERSION

(As adopted March 30, 2015)

11-1201 Definitions.

11-1202 Conversion.

11-1203 Conversion of Domestic Corporation

into Another Business Entity.

11-1204 Plan of Conversion for Domestic

Corporation into Another Business

Entity.

11-1205 Filing of Certificate of Conversion for

Domestic Corporation Converting into

Another Business Entity.

11-1206 Effect of Conversion of Domestic

Corporation into Another Business

Entity.

11-1207 Conversion of Business Entity into a

Domestic Corporation.

11-1208 Plan of Conversion for Business Entity

into a Domestic Corporation.

11-1209 Effect of Conversion of Business Entity

into Domestic Corporation.

11-1210 Articles of Entity Conversion.

11-1211 Surrender of Charter Upon Conversion.

11-1212 Articles Not Exclusive.

ARTICLE 13

DOMESTICATION

(As adopted March 30, 2015)

11-1301

11-1303

11-1304

Domestication.

Action on a Plan of Domestication.

Articles of Domestication.

Surrender of Charter Upon

Domestication.

11-1305

11-1306

11-1307

lxviii

Effect of Domestication.

Abandonment of Domestication.

Article not exclusive.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 11A

BUSINESS REGULATION AND ECONOMIC DEVELOPMENT

ARTICLE 2

WINNEBAGO INDUSTRIAL DEVELOPMENT FINANCING SERVICE ACT

(As redesignated March 9, 1994)

11A-201

11A-202

11A-203

11A-204

11A-205

11A-206

11A-207

11A-208

11A-209

11A-210

11A-211

11A-212

11A-213

11A-214

Citation and special definition.

Establishment and purpose of the

Winnebago Industrial Development

Financing Service.

Tribal credit officer to operate service,

business of Industrial Development

Financing Service.

Federal Deposit Insurance Corporation

Act.

Pledge of assets generally.

Indemnification for defending suits.

Property acquisition.

Engagement of officers and employees.

Removal and discharge of appointees.

Capital of Industrial Development

Financing Service.

Tribal funds to be deposited in the

Winnebago Industrial Development

Financing Service.

Non-liability of officers and sureties

after deposit.

Deposits may be received from any

source.

Deposits to credit of other financing

services.

11A-215

11A-216

11A-217

11A-218

11A-219

11A-220

11A-221

11A-222

11A-223

11A-224

11A-225

11A-226

11A-227

11A-228

11A-229

Guaranty of deposits-exemption from

taxation.

Interest rates; time deposits;

limitations; charges.

Deposits may be made in any bank.

Financing service may make loans.

Loans to treasury account authorized.

Investments in government sponsored

stocks.

Fund transfers to Tribal departments;

how credited.

Warrants against transferred funds.

Assignment patents and sales of land

acquired through foreclosure.

Name in which business conducted;

execution of industrial instruments.

Civil actions against financing service.

Surety not required for financing

service in civil actions.

No execution of financing service

property.

Audit of financing service accounts and

records.

Indian Financing Act authorization.

UTILIZATION OF FINANCING SERVICE IN

INDUSTRIAL DEVELOPMENT

11A-230

11A-231

11A-232

11A-233

11A-234

11A-235

11A-236

Declaration and finding of public

purpose.

Financing service advisory board.

Authority of board; capital pool

created.

Minimum standards for loans from

capital pool.

Mortgage program administration.

Purpose.

Definitions.

11A-237

11A-238

11A-239

11A-240

11A-241

11A-242

11A-243

11A-244

lxix

Powers.

Default by mortgagors.

Mortgage insurance fund.

Insurance of mortgages.

Mortgage insurance premiums.

Expenses.

Mortgages eligible for investment.

Limitation; credit of financing service

and Tribe not pledged.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 11A

ARTICLE 3

WINNEBAGO ECONOMIC DEVELOPMENT ACT OF 1989

(As redesignated March 9, 1994)

GENERAL PROVISIONS

11A-301

11A-302

Citation.

Declaration of need and legislative

findings.

11A-303

11A-304

Purposes.

Definitions.

BOARD OF TRUSTEES

11A-305

11A-306

11A-307

11A-308

11A-309

Economic development authority

created.

Board created; number.

Appointment of board members.

Qualifications of board members.

Term of office.

11A-310

11A-311

11A-312

11A-313

11A-314

11A-315

Officers.

Removal of board members.

Compensation to be paid.

Quorum.

Duties of officers.

Meetings.

POWERS OF THE AUTHORITY

11A-316

11A-317

11A-318

Period of existence.

Power to sue and be sued.

General powers.

11A-319

11A-320

Securing financial assistance.

Certain property laws do not apply.

OBLIGATIONS

11A-321

11A-322

11A-323

11A-324

Authority to issue obligations.

No personal liability on obligations.

No Tribal liability on obligations.

Obligations are tax exempt.

11A-325

11A-326

11A-327

11A-328

Manner of issuance and sales.

Obligations are negotiable.

Security for obligations.

Actions to be filed for record.

MISCELLANEOUS PROVISIONS

11A-329

11A-330

11A-331

11A-332

11A-333

11A-334

Reports.

Acquisition of interests prohibited.

Compliance with federal law.

Fidelity bonds.

Property of authority as public

property.

No execution on authority property.

lxx

11A-335

11A-336

11A-337

11A-338

11A-339

11A-340

11A-341

Personal policies to be enacted.

Judicial notice.

Special certificate of incorporation.

Separability of provisions.

Records and audit.

Authorization of appropriations.

Rules, regulations and procedures.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

MANAGEMENT OF TRIBAL ENTERPRISES

11A-342 General management provisions.

11A-343 Achieving independent status as

a Tribal enterprise.

11A-344

lxxi

Chartering of independent Tribal

enterprises.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 11B

LIMITED LIABILITY COMPANY CODE

(As adopted January 13, 2010)

ARTICLE 1

GENERAL PROVISIONS

11B-101

11B-102

11B-103

11B-104

11B-105

11B-106

11B-107

Short Title.

Purposes; Sovereign Immunity.

Scope.

Applicable law.

Definitions.

Name.

Registered Office and Registered

Agent.

11B-108

11B-109

11B-110

11B-111

11B-112

11B-113

11B-114

Tribe as an Owner.

Nature of business.

Execution of Documents.

Filing.

Certificate of Status.

Execution by Judicial Act.

Interstate application.

ARTICLE 2

OPERATING AGREEMENT AND DEALING WITH LLC

11B-201 Articles of Organization.

11B-202 Agency Power of Owners and Managers.

11B-203 Admission of Owners and Managers.

11B-204 Knowledge of or Notice to Owner or

Manager.

11B-205

11B-206

11B-207

Liability of Owners to Third Parties.

Parties to Action

Authority to Sue.

ARTICLE 3

OWNERS AND MANAGERS

11B-301

11B-302

11B-303

11B-304

Management.

Duties.

Limitation of Liability and

Indemnification.

Voting.

11B-305

11B-306

11B-307

Records and Information.

Admission of Owners.

Dissociation.

ARTICLE 4

FINANCE

11B-401

11B-402

Contributions.

Liability for Contribution.

11B-403

lxxii

Allocation of Profits and Losses.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

ARTICLE 5

NON-LIQUIDATING DISTRIBUTIONS

11B-501

11B-502

11B-503

11B-504

Interim Distributions.

Allocation of Distributions.

Distribution Upon Partial Redemption.

Distribution Upon Dissociation.

11B-505

11B-506

11B-507

11B-508

Distribution in Kind.

Right to Distribution.

Limitations of Distributions.

Liability for Wrongful Distribution.

ARTICLE 6

OWNERSHIP AND TRANSFER OF PROPERTY

11B-601

11B-602

11B-603

11B-604

Ownership of LLC Property.

Transfer of Property.

Nature of Interest.

Assignment of LLC Interest.

11B-605

11B-606

11B-607

Rights of Judgment Creditor.

Right of Assignee to Become an Owner.

Powers of Legal Representative.

ARTICLE 7

DISSOLUTION

11B-701

11B-702

11B-703

11B-704

Dissolution.

Judicial Dissolution.

Winding Up.

Distribution of Assets.

11B-705

11B-706

11B-707

Articles of Dissolution.

Known Claims Against Dissolved

LLC.

Unknown or Contingent Claims.

ARTICLE 8

MERGER, CONVERSION, AND DOMESTICATION

(As revised March 30, 2015)

11B-801

11B-802

11B-803

11B-804

11B-805

11B-806

11B-807

11B-808

11B-809

11B-810

11B-811

11B-812

Definitions.

Merger.

Approval of Merger.

Plan of Merger.

Articles of Merger.

Effects of Merger.

Right to Object.

Conversion.

Conversions of Domestic LLC into

Another Business Entity.

Plan of Conversion for Domestic LLC

into Another Business Entity.

Filing of Certificate of Conversion for

Domestic LLC.

Effect of Conversion of Domestic

LLC into Another Business Entity.

11B-813

11B-814

11B-815

11B-816

11B-817

11B-818

11B-819

11B-820

11B-821

lxxiii

Conversion of Business Entity into a

Domestic LLC.

Plan of Conversion Business Entity

into a Domestic LLC.

Effect of Conversion of Business

Entity in Domestic LLC.

Domestication.

Action on Plan of Domestication by

Domesticating LLC.

Filings Required for Domestication;

Effective Date.

Effect of Domestication.

Restrictions on Approval of Mergers,

Conversions, and Domestications.

Article Not Exclusive.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

ARTICLE 9

LIMITED LIABILITY COMPANIES WHOLLY-OWNED BY THE TRIBE

SUBPART 1

GENERAL PROVISIONS FOR TRIBALLY-OWNED LLC’S

11B-911

11B-912

11B-913

11B-914

Tribally-Owned Companies.

Tribally-Owned Subsidiary Companies.

Privileges and Immunities.

Ownership.

11B-915

11B-916

11B-917

Project Companies with Non-Tribal

Owners.

Purpose of Tribally-Owned LLC’s.

Waiver of Sovereign Immunity.

SUBPART 2

SPECIAL FORMATION REQUIREMENTS FOR TRIBALLY-OWNED LLC’S

11B-921

Formation.

11B-922

Additional Requirements for the

Articles of Organization.

SUBPART 3

MANAGEMENT OF TRIBALLY-OWNED LLC’S

11B-931

Management.

SUBPART 4

DECISIONS AND VOTING FOR TRIBALLY-OWNED LLC’S

11B-941

Voting.

SUBPART 5

DISTRIBUTIONS FOR TRIBALLY-OWNED LLC’S

11B-951

Distributions of Income.

SUBPART 6

ADDITIONAL REPORTS AND AUDITS

11B-961

Audit.

11B-962

Financial, Business, and Planning

Information.

SUBPART 7

ACTIONS AGAINST TRIBALLY-OWNED LLC’S

11B-971

11B-972

Court Actions By a Tribe Authorized.

Tribal Approval Required.

11B-973

lxxiv

Relief Available.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 12

FAMILY RELATIONS

ARTICLE 1

[Reserved]

TITLE 12

ARTICLE 2

DOMESTIC AND FAMILY VIOLENCE ACT

(As amended and approved December 7, 2005)

12-201

12-202

12-203

12-204

12-205

12-206

12-207

12-208

12-209

12-210

12-211

12-212

12-213

12-214

12-215

12-216

12-217

12-218

12-219

12-220

12-221

12-222

Purpose and Findings.

Definitions.

Domestic or Family Violence; Crime

Involving Domestic or Family Violence;

Penalties; Mandatory Intervention.

Possession of a Firearm.

Duties of Law Enforcement to Victim;

Required Notice.

Determination of Predominant

Aggressor; Required Report.

Mandatory Arrest Provisions.

Authority of Law Enforcement to Seize

Weapons.

Conditions of Release.

Written Procedures for Prosecution.

Duty of Prosecutor to Notify Victim.

Record of Dismissal.

Dismissal Prohibited Due to Civil

Compromise.

Rights of Victims.

Spousal Privileges Inapplicable.

Advocate-Victim Privilege.

Residential Confinement; Visitation in

Home of Victim Prohibited.

Diversion prohibited.

Required Policies and Procedures.

Eligible Petitioners for Protection Orders.

Uniform Documents for Petitions and

Orders; Required Statements; Duties of

Clerk.

Jurisdiction; Venue; Residency not

Required to Petition.

12-223 Continuing Duty to Inform Court of Other

Proceedings; Effect of Other Proceedings;

Delay of Relief Prohibited; Omission of

Petitioner’s Address.

12-224 Emergency Order for Protection;

12-225 Order for Protection; Modification of

Orders; Relief Available Ex Parte; Relief

Available After Hearing; Duties of the

Court; Duration of Order.

12-226 Required Hearings; Duty When Order for

Protection Denied.

12-227 Effect of Action by Petitioner or

Respondent on Order.

12-228 Denial of Relief Prohibited.

12-229 Mutual Orders for Protection.

12-230 Violation of Certain Orders for

Protection.

12-231 Court-ordered and Court-referred

Mediation Prohibited.

12-232 Court Costs and Fees.

12-233 Court-referred Assistance to Victims of

Domestic and Family Violence.

12-234 Full Faith and Credit.

12-235 Mandatory Training.

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December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 12

ARTICLE 3

WINNEBAGO CHILD SUPPORT ENFORCEMENT IV-D PROGRAM ACT;

ESTABLISHMENT AND DUTIES

12-301

12-302

12-303

Act, How Cited.

Purpose.

Definitions.

12-304

12-305

lxxvi

Authority and Responsibility of the

WTN-CSE.

Program Participation and Funding.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 12

ARTICLE 4

WINNEBAGO PARENTAGE ACT

12-401

12-402

12-403

12-404

12-405

12-406

12-407

12-408

12-409

12-410

12-411

12-412

12-413

12-414

12-415

12-416

12-417

12-418

12-419

12-420

12-421

12-422

12-423

12-424

12-425

12-426

12-427

12-428

12-429

12-430

Act, How Cited.

Purpose of Act.

Definitions.

Subject Matter Jurisdiction.

Personal Jurisdiction.

Protection of Participants.

Authorized Release of Case Records and

Other Information.

Publication of Proceedings.

Penalty for Unauthorized Disclosure.

Notice.

Establishment of Parent-Child

Relationship.

No Discrimination Based on Marital

Status.

Consequences of Establishment of

Parentage.

Presumption of Paternity.

Tribal Acknowledgement and Denial of

Paternity – Duties of the WTN-CSEP.

Tribal Acknowledgment of Paternity –

Execution.

Tribal Denial of Paternity by a Presumed

Father.

Rules for Tribal Acknowledgment and

Denial of Paternity.

Effect of Tribal Acknowledgment or

Denial of Paternity.

No Filing Fee.

Proceeding for Rescission.

Challenge After Expiration of Period for

Rescission.

Procedure for Rescission or Challenge.

Full Faith and Credit.

Release of Information – Tribal

Acknowledgment or Denial of Paternity.

Scope of Genetic Testing.

Order for Genetic Testing.

Requirements for Genetic Testing.

Report of Genetic Testing.

Genetic Testing Results – Rebuttal.

12-431

12-432

12-433

12-434

12-435

12-436

12-437

12-438

12-439

12-440

12-441

12-442

12-443

12-444

12-445

12-446

12-447

12-448

12-449

12-450

12-451

12-452

12-453

12-454

12-455

12-456

12-457

12-458

12-459

lxxvii

Costs of Genetic Testing.

Additional Genetic Testing.

Genetic Testing When Specimens Not

Available.

Deceased Individual.

Identical Brothers.

Confidentiality of Genetic Testing.

Proceeding to Adjudicate the Parentage

of a Child – Authorization.

Standing to Maintain Proceeding.

Parties to Proceeding.

No Limitation – Child Having No

Presumed, Acknowledged, or

Adjudicated Father.

Limitation – Child Having Presumed

Father.

Authority to Deny Motion for Genetic

Testing.

Limitation – Child Having

Acknowledged or Adjudicated Father.

Joinder of Proceedings.

Proceeding Before Birth.

Child as Party – Representation.

Admissibility of Results of Genetic

Testing – Expenses.

Consequences of Declining Genetic

Testing.

Admission of Paternity Authorized.

Temporary Order.

Rules of Adjudication of Paternity.

Jury Prohibited.

Closed Hearings.

Order on Default.

Dismissal for Want of Prosecution.

Order Adjudicating Parentage.

Binding Effect of Determination of

Parentage.

Liability for Collection of Support.

Application of the Winnebago Parentage

Act.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 12

FAMILY RELATIONS

ARTICLE 5

WINNEBAGO CHILD SUPPORT ACT

(As revised May 21, 2014)

PRELIMINARY PROVISIONS

12-501

12-502

12-503

12-504

12-505

12-506

Act, How Cited.

Findings.

Purpose.

Definitions.

Jurisdiction.

Protection of Participants —

Confidentiality of Case Records.

12-507 Authorized Release of Case Records and

Other Information.

12-508 Penalty for Unauthorized Disclosure.

12-509 Attorney Represents Tribe’s Interest in the

Enforcement of Child Support

Obligations.

12-510 Notice.

ESTABLISHMENT & MODIFICATION OF CHILD SUPPORT

12-511

12-512

12-513

12-514

12-515

12-516

12-517

Duty to Support Children.

Liability of Stepparent For Support.

Termination of Parental Rights – Duty of

Support.

Support For Children After Majority –

Retroactive Application.

Support by Tribe – Liability of Parent’s

Estate.

Allowance to Parent for Support of

Child.

Duration of Child Support Obligations.

12-518 Periodic Review of Child Support Orders.

12-519 Notice of Periodic Review of Child

Support Orders.

12-520 Obligor’s Duties Upon Review – Failure

to Provide Information.

12-521 Notice of Review Determination.

12-522 Motion for Amendment of Child Support

Order – How Made – Presumption When

Obligor’s Income Unknown.

12-523 Request For Review – Notice of Right to

Request Review.

TRIBAL TANF & ASSIGNMENT OF CHILD SUPPORT PAYMENTS TO THE WTN-CSEP

12-524

12-525

12-526

12-527

Recipients of Tribal TANF - Assignment

of Support Payments.

Families-First Distribution of Child

Support Arrearages.

Existing Assignments.

Effect of Assignment.

12-528 Cooperation with Winnebago Tribe of

Nebraska Child Support Enforcement Program

(WTN-CSEP).

12-529 Non-Cooperation with the WTN-CSEP.

12-530 Assignment of Rights; Judgment.

LOCATION OF A MISSING OBLIGOR, ASSETS, AND OBLIGEE BY THE WTN-CSEP

12-531

Location Activities of the WTN-CSEP.

PAYMENTS, COLLECTIONS, DISTRIBUTION, AND ARREARS

12-532

12-533

12-534

Mandatory Payment of Child Support

Obligations to the WTN-CSEP.

Collections and Distribution – General

Rule, Current Receipt of Tribal TANF,

Former Receipt of Tribal TANF.

Overpayments.

12-535 Arrears.

12-536 Child Support Order – Required Interest

Statement on Arrears.

12-537 Interest Waived on Arrearages.

12-538 Offsets of Child Support.

12-539 Agreements to Waive Child Support.

lxxviii

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

CIVIL REMEDIES FOR ENFORCEMENT OF CHILD SUPPORT ORDERS

12-540

12-541

12-542

12-543

12-544

12-545

12-546

12-547

12-548

Income Withholding Order.

Immediate Income Withholding.

Subsequent Income Withholding Order –

Provision of Notice of Impact of Income

Withholding Law to Obligors.

Requests by Obligee for Income

Withholding – Approval – Procedures

and Standards.

Procedure – Notice to Obligor.

Hearing Upon Obligor’s Request.

Mandatory Federal Income Withholding

Form – Effect of Income Withholding

Order.

Voluntary Income Withholding for Child

Support – Limitations.

Service of Income Withholding Order on

Income Payer.

12-549 Income Withholding - Duties and

Liabilities of Income Payer under Income

Withholding Order.

12-550 Requests for Information from Income

Payer.

12-551 Amendment – Termination of Income

Withholding Order.

12-552 Interstate Income Withholding – Initiation

by the Winnebago Tribe of Nebraska to

Another Jurisdiction.

12-553 Child Support Exempt from Process.

12-554 Administrative Seek Employment Orders.

12-555 Driver’s License and Occupational

License Suspension, Motor Vehicle Lien.

12-556 Contempt Proceedings for Nonpayment of

Child Support.

INTERGOVERNMENTAL CHILD SUPPORT CASES –

AFFORDING FULL FAITH AND CREDIT

12-557

Full Faith and Credit of Foreign Child

Support Orders.

REGISTRATION OF FOREIGN CHILD SUPPORT ORDER FOR ENFORCEMENT

12-558

12-559

12-560

Registration of Foreign Child Support

Order for Enforcement.

Effect of Registration for Enforcement.

Choice of Law.

12-561 Notice of Registration of Order.

12-562 Procedure to Contest Validity or

Enforcement of Registered Order.

12-563 Burden on Party Contesting the

Registration or Enforcement.

REGISTRATION OF FOREIGN CHILD SUPPORT ORDERS FOR MODIFICATION

12-564

Registration Child Support Order for

Modification.

12-565 Modification of Child Support Order of

Another Tribe or State.

12-566 Application of the Winnebago Child

Support Act.

12-567 Transferring of a Foreign Child Support or

Custody Case.

12-568 Effect of Accepting a Transferred Case.

12-569 Notice of Acceptance of Transferred Case.

12-570 Procedure to Contest the Acceptance of a

Transferred Case.

12-571 Burden on Party Contesting the Transfer

of a Case.

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December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 13

TRIBAL EMPLOYMENT RIGHTS ORDINANCE (TERO)

Adopted September 19, 2005

Amended November 8, 2005

Repealed August 24, 2009

[TCR 05-140; 06-14; 09-114]

lxxx

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

14-101

14-102

14-103

14-104

14-105

14-106

14-107

14-108

14-109

14-110

14-111

14-112

14-113

14-114

14-115

14-116

14-117

14-118

14-119

14-120

14-121

14-122

14-123

14-124

14-125

14-126

14-127

14-128

14-129

14-130

14-131

14-132

TITLE 14

ARTICLE 1

PROBATE

Jurisdiction.

14-133 Revocation by divorce; no revocation by

General definitions.

other changes of circumstances.

Evidence as to death or status.

14-134 Revival of revoked will.

Records.

14-135 Incorporation by reference.

Oaths.

14-136 Events of independent significance.

Notices.

14-137 Requirement that devisee survive testator

Renunciation of inheritance.

by one hundred hours.

Effect of divorce, annulment or decree of 14-138 Simultaneous death.

separation.

14-139 Rules of construction and intention.

Effect of fraud and evasion.

14-140 Construction that will passes all property;

Disqualification of a willful slayer.

after-acquired property.

Petition for appointment of administrator 14-141 Anti-lapse; deceased devisee; class gifts.

or executor.

14-142 Failure of testamentary provision.

Priorities of appointment.

14-143 Exercise of power of appointment.

Duties of administrator or executor.

14-144 Non-exoneration.

Oath and letters of appointment.

14-145 Construction of generic terms to accord

Notice to creditors.

with relationship as defined for intestate

Priority of payment of demands against

successions.

14-146 Ademption by satisfaction.

the estate.

Distribution of property if no taker.

14-147 Petition for letters testamentary.

Restrictions on interests.

14-148 Qualification of executor.

Status of heirs.

14-149 Appointment of executor.

Debts owed to the decedent.

14-150 Duties of executor; bond.

Reopening of estates.

14-151 Creditors.

Rule of interpretation.

14-152 Accounting.

Construction.

14-153 Distribution; closing estate.

14-154 Distribution; order in which assets

Severability.

Citation.

appropriated; abatement.

Who may make a will.

14-155 Property discovered after estate closed.

Execution.

14-156 Personal representative’s and attorney’s

Holographic will.

fees.

Self-proved will.

14-157 Homestead allowance.

Who may witness.

14-158 Exempt property.

Choice of law as to execution.

14-159 Family allowance.

Revocation by writing or by act a will or 14-160 Source, determination and documentation.

any part thereof is revoked.

14-161 Applicable law.

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December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 15

UTILITIES

(As adopted by Resolution #07-53, March 6, 2007)

ARTICLE 1

LEGISLATIVE FINDINGS AND PURPOSE

15-101

15-102

15-103

15-104

15-105

Sovereign Power to Regulate.

Critical Need for Utility Regulation on

Reservation.

Demonstrably Serious Impacts of Utility

Activities upon Economic Security,

Health and Welfare of the Winnebago

Tribe of Nebraska and Winnebago Tribal

Members.

State Jurisdiction and Regulation Not

Applicable within Winnebago

Reservation.

Finding of Consensual Relations

between Utilities Operating Within

Reservation and the Tribe, Tribal

Members and Non-Members of Tribe.

15-106

15-107

15-108

15-109

15-110

15-111

Illegality of State Tax Collection by

Utilities.

Benefits Provided by Tribal

Government to Utilities.

Purpose.

Scope of Services to be Regulated.

Territory, Persons and Property

Affected.

Explicit and implicit Intention for State

Law Preemption.

TITLE 15

ARTICLE 2

GENERAL PROVISIONS

15-201

15-202

Title and Date.

Sovereign Immunity.

15-203

Definition of Terms.

TITLE 15

ARTICLE 3

WINNEBAGO TRIBAL UTILITY BOARD; REGULATORY

15-301

15-302

15-303

15-304

15-305

15-306

15-307

15-308

15-309

15-310

Creation of Winnebago Tribal Utility

Board.

Number and Selection of Board

Members.

Terms of Office.

Board Qualifications.

Initial Appointment of the Utility Board.

Vacancies.

Resignations.

Removals.

Officers of the Board and Duties of

Officers.

Compensation.

15-311

15-312

15-313

15-314

15-315

15-316

15-317

15-318

15-319

15-320

15-321

15-322

lxxxii

Quorum

Majority Vote.

General Procedures of the Board.

Tribal Utility Account Established.

Jurisdiction of Board.

Powers and Duties of Board With

Respect to Utilities.

Annual Reports by Utilities.

Production of Records.

Investigation.

Hearings; Examiner.

Rules of the Board.

Board Employees and Expenses.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 15

ARTICLE 4

PUBLIC UTILITIES: RESPONSIBILITIES, DUTIES, REQUIREMENTS

15-401

15-402

Duty to Provide Adequate Service.

Unauthorized Utilities Facilities

Prohibited.

15-403

15-404

Duty to Produce Information on

Reservation Easements.

Disconnection or Discontinuation of

Service.

TITLE 15

ARTICLE 5

ELECTRIC UTILITY SERVICE ON WINNEBAGO RESERVATION

15-501

15-502

15-503

15-504

Assigned Service Areas; Nonexclusive

Franchise Requirement.

Franchise Service Rights; Term of

Franchise.

Interconnection Standards and

Obligations.

Net Metering.

15-505

15-506

15-507

15-508

15-109

Energy Conservation & Energy

Efficiency.

Lower Income Programs.

Environmental Obligations.

Ownership of Wires and Facilities.

Valuation of Electric Utility Property.

[Reserved]

TITLE 15

ARTICLE 6

TELECOMMUNICATIONS SERVICE

[Reserved]

TITLE 15

ARTICLE 7

WATER SERVICE

[Reserved]

TITLE 15

ARTICLE 8

WASTEWATER SERVICE

[Reserved]

TITLE 15

ARTICLE 9

GAS UTILITIES

[Reserved]

lxxxiii

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WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 15

ARTICLE 10

HEATING UTILITIES

[Reserved]

TITLE 15

ARTICLE 11

OTHER UTILITIES

[Reserved]

TITLE 15

ARTICLE 12

TRIBAL UTILITY BOARD – ENTERPRISE

[Reserved]

lxxxiv

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 16

CIVIL TRESPASS

ARTICLE 1

CIVIL TRESPASS STATUTE

16-100

16-101

16-102

16-103

16-104

16-105

16-106

16-107

16-108

Citation.

Purpose.

Definitions.

Applicability.

Notice of trespass.

Enforcement.

Enforcement by United States.

Civil penalties.

Interest on penalties.

16-109

16-110

16-111

16-112

16-113

16-114

16-115

lxxxv

Review by the Chief Administrative

Officer.

Request for Tribal Council Review.

Appeal.

Actions in the Tribal Court.

Severability.

Effective Date.

Amendment.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 17

INTERESTS IN REAL PROPERTY

ARTICLE 1

PART A

GENERAL PROVISIONS

17-201 Applicability of Article and purpose.

17-202 Tribal Court Jurisdiction.

17-203 Definitions.

17-204 Recording.

17-205

17-206

17-207

Priority.

Tribal Notice.

Service of Process and Procedures.

TITLE 17

ARTICLE 1

PART B

EVICTION PROCEDURES

17-208

Unlawful Detainer.

TITLE 17

ARTICLE 1

PART C

FORECLOSURE OF INTERESTS IN REAL PROPERTY

17-216

17-217

17-218

17-219

17-220

17-221

17-222

17-223

17-224

17-225

17-226

17-227

17-228

Filing of petitions.

Cure of default by subordinate lienholder or

other lienholder.

Judgment in favor of the secretary for default

of leasehold mortgage.

Sale of premises ordered by Tribal Court.

Limitation on power of Tribal Court.

Suspension of activity on debt.

Inclusion of co-debtor in action.

Complainants; disclosure obligations.

Effect of prior judgment.

Sale of premises by police or Tribal Court

officer.

Publication and posting notice of sale.

Content of notice.

Transfer of property to purchaser.

lxxxvi

17-229

17-230

17-231

17-232

17-233

17-234

17-235

17-236

17-237

17-238

17-239

Application of proceeds to discharge

of debt and ownership surplus.

Disposition of unclaimed surplus.

Cure period.

Stay of proceedings upon payment by

defendant of sums due.

Sale of premises in parcels.

Order of sale upon default in

payment of installments.

Sale of entire property.

Disposition of proceeds of sale of

entire property.

Actions to be taken upon satisfaction

or payment.

Fee lands not affected.

Fee land foreclosures.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 18

GUARDIANSHIP AND CONSERVATORSHIP

(As adopted March 9, 2011)

TITLE 18

ARTICLE 1

PRELIMINARY PROVISIONS

18-101

18-102

18-103

18-104

18-105

18-106

Citation.

Declaration of policy.

Authority.

Jurisdiction.

Civil action.

Definitions.

18-107

18-108

18-109

18-110

18-111

Severability.

Construction.

Applicability of Rules of Civil Procedure.

Penalties.

Effective Date.

TITLE 18

ARTICLE 2

PROCEDURES AND PROVISIONS APPLICABLE TO

GUARDIANSHIPS AND CONSERVATORSHIPS

18-201

18-202

18-203

18-204

18-205

18-206

18-207

18-208

18-209

18-210

18-211

18-212

18-213

18-214

18-215

Pleadings.

Reports.

Combining Petitions.

Same person as Guardian and

Conservator.

Service.

Waiver of notice.

Proof of Service.

Notice – commencement of action.

Notice of hearing or trial.

Hearing procedure.

Burden of persuasion; General

provisions.

Representation.

Preference for appointment of guardian

and/or conservator; minor.

Preference for appointment of guardian

and/or conservator; adult.

Affidavit of guardian and/or conservator.

18-216

18-217

18-218

18-219

18-220

18-221

18-222

18-223

18-224

18-225

18-226

18-227

18-228

18-229

lxxxvii

Letters of guardian or conservator issued.

Oath – acceptance of appointment.

Effect of appointment – ward.

Legal effect of appointment.

Compensation of guardian or conservator.

Self-dealing by guardian or conservator.

Liability of guardians and conservators.

Tort liability of guardians or conservators.

Cause for termination; general.

Cause for termination; restoration of

capacity.

Cause for termination; resignation or

removal proceedings.

Appointment of successor guardian or

conservator.

Powers of successor guardian or

conservator.

Limit on application to terminate.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 18

ARTICLE 3

GUARDIANSHIP

18-301

18-302

18-303

18-304

18-305

18-306

18-307

18-308

18-309

18-310

18-311

Natural guardians; parental preference.

Petition for Appointment of Guardian.

Notification of Guardianship Powers.

Powers and duties of Guardian; general.

Powers and duties of Guardian; subject

to approval of the Court.

Powers and duties of Guardian; other.

Powers and duties of guardian of a

minor.

Qualification of guardian.

Appointment of guardian based on

incompetency.

Appointment of guardian based on

minority.

Appointment of temporary guardian.

18-312

18-313

18-314

18-315

18-316

Bond.

Reporting requirements – guardian.

Guardian’s compensation.

Property delivered – penalty.

Testamentary appointment of guardian for

incapacitated person.

18-317 Termination of guardianship for

incapacitated person; liability for prior

acts; obligation to account.

18-318 Testamentary appointment of guardian of

minor.

18-319 Objection by minor of fourteen or older to

testamentary appointment.

lxxxviii

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WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 18

ARTICLE 4

CONSERVATORSHIP

18-401

18-402

18-403

18-404

18-405

18-406

18-407

18-408

18-409

18-410

18-411

18-412

18-413

18-414

18-415

18-416

18-417

18-418

18-419

18-420

18-421

18-422

18-423

Petition for appointment of

conservatorship.

Permissible court orders.

Notification of conservatorship powers.

Appointment of conservator.

Appointment of temporary and/or limited

conservator.

Duties of conservator.

Powers of conservator without further

Court order.

Powers of conservator subject to the

approval of the Court.

Powers of ward.

Qualification of conservator.

Bond.

Amount of bond.

Bond – approval by Clerk.

Review by Clerk when inventory is filed.

Bond changed.

Obligees of bond – joint and several

liability.

Order for delivery.

Inventory – reporting requirements.

Title to ward’s property.

Conservator’s right to possession.

Presumption of fraud.

Claims against ward, conservatorship, or

conservator in that capacity.

Forms and verification of claims filed

with Clerk.

18-424

18-425

18-426

18-427

18-428

18-429

18-430

18-431

18-432

18-433

18-434

Filing of claim required.

Compelling payment of claims.

Allowance by conservator.

Execution and levy prohibited.

Claims of conservators.

Claims not filed.

Liens not affected by failure to claim.

Pending actions.

General denial of claims.

Disallowance of claim by conservator.

Notice of disallowance and request for

hearing.

18-435 Notice of disallowance; proof of service.

18-436 Notice of disallowance; claims barred

after twenty days.

18-437 Request for hearing by claimant.

18-438 Applicability of Rules of Civil Procedure

to hearing on claim.

18-439 Payment of claims in insolvent

conservatorships.

18-440 Conservator may make gifts.

18-441 Assets exhausted.

18-442 Accounting to ward upon termination –

notice.

18-443 Delivery of assets.

18-444 Discharge of conservator and release of

bond.

18-445 Removal of conservator by Court.

18-446 Property delivered – penalty.

lxxxix

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 19

TRIBAL EDUCATION CODE

(As adopted October 19, 2020)

ARTICLE 1

GENERAL PROVISIONS

19-100 Authority.

19-101 Purpose.

2-103

Definitions.

TITLE 19

ARTICLE 2

TRIBAL EDUCATION AGENCY

19-200 Establishment.

19-201 Tribal Education Department.

19-202 Tribal Education Advisory Board.

TITLE 19

ARTICLE 3

DATA AND REPORTING

19-300 Copies of and Access to Tribal Education

Data and Reports.

19-301 Data Sharing.

19-303 State of Reservation Education Report.

19-304 Recommendation of Tribal Education

Department.

19-305 Tribal Student Database.

19-302 Review and Analysis of Tribal Education

Data and Reports.

TITLE 19

ARTICLE 4

PLANNING

19-100 Tribal Education Plan.

TITLE 19

ARTICLE 5

COORDINATION AND CONSULTATION

19-500 Coordination.

19-501 Consultation.

TITLE 19

ARTICLE 6

RESOURCES AND TECHNICAL ASSISTANCE/ TRAINING

19-600 Resources.

19-601 Technical Assistance/ Training.

December 2025

WINNEBAGO TRIBAL CODE

TABLE OF CONTENTS

TITLE 19

ARTICLE 7

LANGUAGE, CULTURE AND HISTORY

19-700 Importance to Education.

19-701 Curriculum Requirement.

19-702 Coordination with Tribal Language

Programs.

19-703 Coordination with Tribal Historic

Preservation Department.

19-704 Coordination to Achieve American Indian

Teacher Requirements.

TITLE 19

ARTICLE 8

MISCELLANEOUS PROVISIONS

19-800 Effective Date.

19-801 Repeal of Inconsistent Law.

19-802 Amendments.

19-303 Severability.

19-304 Sovereign Immunity.

TITLE 19

ARTICLE 9

APPROPRIATIONS

19-900 Authorization.

xci

December 2025

WINNEBAGO TRIBAL CODE

TITLE 1

COURT RULES

(As redesignated July 1, 1989.)

SUMMARY OF CONTENTS

SECTION

ARTICLE-PAGE

TITLE 1: COURT RULES

1. TABLE OF REVISIONS

2. TABLE OF CONTENTS

3. ARTICLE 1: PRELIMINARY PROVISIONS

1-1

4. ARTICLE 2: ESTABLISHMENT OF COURTS

2-1

5. ARTICLE 3: WINNEBAGO SUPREME COURT RULES OF

APPELLATE PROCEDURE

3-1

6. ARTICLE 4: COUNSELORS AND PROFESSIONAL

ATTORNEYS

4-1

7. ARTICLE 5: CONTEMPTS

5-1

8. ARTICLE 6: SELECTION OF JURORS

6-1

9. ARTICLE 7: JUDICIAL CONDUCT

7-1

10. ARTICLE 8: BONDS AND SURETIES

8-1

11. ARTICLE 9: MISCELLANEOUS

9-1

12. ARTICLE 10: OFFICE OF THE GENERAL COUNSEL

10-1

13. ARTICLE 11: TRADITIONAL WELLNESS COURT

11-1

TITLE 1A: WINNEBAGO RULES OF EVIDENCE

1. TABLE OF REVISIONS

2. TABLE OF CONTENTS

3. ARTICLE 1: GENERAL PROVISIONS

1-1

4. ARTICLE 2: JUDICIAL NOTICE

2-1

5. ARTICLE 3: PRESUMPTIONS

3-1

6. ARTICLE 4: RELEVANCY AND ITS LIMITS

4-1

June 2025

WINNEBAGO TRIBAL CODE

TITLE 1

7. ARTICLE 5: (RESERVED)

5-1

8. ARTICLE 6: WITNESSES

6-1

9. ARTICLE 7: OPINION AND EXPERT TESTIMONY

7-1

10. ARTICLE 8: HEARSAY

8-1

11. ARTICLE 9: AUTHENTICATION AND IDENTIFICATION

9-1

12. ARTICLE 10: CONTENTS OF WRITINGS, RECORDINGS

AND PHOTOGRAPHS

10-1

13. ARTICLE 11: MISCELLANEOUS RULES

11-1

TITLE 1B: RULES OF CRIMINAL PROCEDURE

1. TABLE OF REVISIONS

2. TABLE OF CONTENTS

3. ARTICLE 1: SCOPE, PURPOSES, AND CONSTRUCTION

1-1

4. ARTICLE 2: PRELIMINARY PROVISIONS

2-1

5. ARTICLE 3: PROCEEDINGS BEFORE TRIAL

3-1

6. ARTICLE 4: TRIAL

4-1

7. ARTICLE 5: JUDGMENT

5-1

8. ARTICLE 6: APPEAL

6-1

9. ARTICLE 7: MISCELLANEOUS PROVISIONS

7-1

TITLE 1C: TRIBAL CHILD SUPPORT GUIDELINES

1. TABLE OF REVISIONS

2. TABLE OF CONTENTS

3. ARTICLE 1: TRIBAL CHILD SUPPORT GUIDELINES

1-1

TITLE 1D: BANISHMENT AND EXCLUSION CODE [REPEALED]

1. TABLE OF REVISIONS

2. TABLE OF CONTENTS

June 2025

WINNEBAGO TRIBAL CODE

TITLE 1

TABLE OF REVISIONS

The following table is included in this title as a guide for determining whether each article

properly reflects the current version. This table will be updated with the revision of each article.

Through usage and supplementation, pages in bound titles can be inserted and removed when

sections are revised on an article-by-article basis. This table should be placed before the Table of

Contents in the title.

The “Article” column lists each article, and the “Section” column lists any corresponding sections

that have been revised, in sequence. The “Revised Date” column reflects the effective date of the revision

(e.g., “6/20/15”). If an article is not listed in the table, it has not been revised since the December 2015

Winnebago Tribal Code update and distribution.

Article

Section

iii

Revised Date

June 2025

WINNEBAGO TRIBAL CODE

TITLE 1

COURT RULES

(As redesignated July 1, 1989)

ARTICLE 1

PRELIMINARY PROVISIONS

1-100

1-101

1-102

1-103

1-104

1-105

1-106

Authorization.

Definitions.

Territorial jurisdiction.

Criminal jurisdiction.

Personal jurisdiction.

Jurisdiction over property.

General subject matter jurisdictionlimitations.

1-107 Civil jurisdiction.

1-108

1-109

1-110

1-111

1-112

1-113

1-114

Juvenile jurisdiction.

Law to be applied.

Exclusive jurisdiction.

Constitutional authority.

Name of Code.

Prior inconsistent ordinances repealed.

Amendment of Code.

TITLE 1

ARTICLE 2

ESTABLISHMENT OF COURTS

Judges and other Court Personnel

1-201

1-202

1-203

1-204

Trial Court established.

Court of appeals. Appeal of right.

Tribal Court judges.

Minimum qualifications of Judge of the

Tribal Court.

1-204.1 Change in qualifications.

1-205 Manner of selection of Tribal Judges.

1-206 Term of office.

1-207 Compensation of judges.

1-208 Oath of office.

1-209 Duties and powers of judges.

1-210 Disqualifications of judges.

1-211 Removal of judges.

1-212 Decisions.

1-213 Records.

1-214 Files.

1-215 Motion day.

1-216 Court clerk establishment.

1-217 Clerk as department director.

1-218 Powers and duties.

1-219 Oath of clerks.

1-220 Seal.

1-221 Certification of true copies.

1-222 Clerk to serve Tribal and all other Courts.

1-223 Courts always open.

1-224 Trials and hearing—orders in chambers.

1-225 Clerk’s office and orders of the clerk.

1-226 Notice of orders or judgments.

1-227 Books and records kept by the clerk and

entries therein.

1-228 Stenographic report or transcript as

evidence.

1-229 Judgment docket.

1-230 Execution docket.

1-231 Clerk may collect judgment and costs.

1-232 Clerk to issue writs and orders.

1-233 Clerk to file and preserve papers.

1-234 Each case to be kept separate.

1-235 Endorsements.

1-236 Entry on return of summons.

1-237 Material for record.

1-238 Memorializing record.

1-239 Clerk to keep Court records, books, and

papers, statistical and other information.

1-240 Applicable to all Courts within Tribe’s

jurisdiction.

1-241 Bonds.

1-242 Probation and parole officers.

1-243 Creation of prosecutor’s office.

1-244 Functions of the prosecutor(s).

1-245 Creation of defender’s office.

1-246 Functions of the defender(s).

June 2025

WINNEBAGO TRIBAL CODE

TITLE 1

ARTICLE 3

WINNEBAGO SUPREME COURT

RULES OF APPELLATE PROCEDURE

APPLICABILITY OF RULES

Rule 1

Rule 2

Rule 3

Rule 4

Rule 5

Rule 6

Rule 7

Rule 8

Rule 9

Rule 10

Rule 11

Rule 12

Rule 13

Rule 14

Rule 15

Rule 16

Rule 17

Rule 18

Rule 19

Rule 20

Rule 21

Rule 22

Rule 23

Scope of rules.

Suspension of rules.

Appeal as of right—how taken.

Appeal as of right—when taken.

Reserved for provisions relating to

interlocutory appeals in civil actions.

Reserved for provisions relating to

interlocutory appeals in criminal actions.

Bond for costs on appeal in civil cases.

Stay or injunction pending appeal.

Release in criminal cases.

The record on appeal.

Transmission of record.

Docketing the appeal; filing the record.

Reserved.

Writs.

Habeas corpus proceedings.

Custody of prisoners in habeas corpus

proceedings.

Rule 24

Rule 25

Rule 26

Rule 27

Rule 28

Rule 29

Rule 30

Rule 31

Rule 32

Rule 33

Rule 34

Rule 35

Rule 36

Rule 37

Rule 38

Rule 39

Rule 40

Rule 41

Rule 42

Rule 43

Rule 44

Proceedings in forma pauperis.

Filing and service.

Computation and extension of time.

Motion.

Briefs.

Brief of an amicus curiae.

Appendix to the briefs.

Filing and service of briefs.

Form of briefs, the appendix, and

other papers.

Prehearing conference.

Oral argument.

Determination of causes by the

court en banc.

Entry of judgment.

Interest on judgments.

Damages for delay.

Costs.

Petition for rehearing.

Issuance of mandate.

Voluntary dismissal

Substitution of parties.

Cases involving constitutional or

Indian civil rights act question where

the Winnebago Tribe is not a party.

TITLE 1

ARTICLE 4

COUNSELORS AND PROFESSIONAL ATTORNEYS

1-400

1-401

1-402

1-403

Lay counsel.

Right to be represented by an attorney.

Eligibility for admission.

Procedure for admission.

1-404 Disbarment and discipline.

1-405 Standards of conduct and obligations for

attorneys and lay counsel.

1-406 Oath of attorneys and lay counselors.

June 2025

WINNEBAGO TRIBAL CODE

TITLE 1

ARTICLE 5

CONTEMPTS

1-500 Acts or failures to act which contribute

contempt of Court.

1-501 Civil contempt.

1-502 Criminal contempt.

1-503 Contempt procedure.

TITLE 1

ARTICLE 6

SELECTION OF JURORS

1-600 Eligibility for jury selection.

1-601 Jury lists.

1-602 Jury panel selection procedures.

1-603 Power to excuse jurors.

1-604 Compensation to jurors.

TITLE 1

ARTICLE 7

JUDICIAL CONDUCT

1-700

1-701

1-702

1-703

1-704

Adoption of Code of Judicial Conduct.

Canon 1.

Canon 2.

Canon 3.

Canon 4.

1-705

1-706

1-707

1-708

Canon 5.

Canon 6.

Canon 7.

Compliance with Code of Judicial Conduct.

TITLE 1

ARTICLE 8

BONDS AND SURETIES

1-800

1-801

1-802

1-803

Justification of surety.

Qualifications of surety.

Real estate mortgage as bond.

Valuation of real estate.

1-804 False valuation—penalty.

1-805 Action by Tribe or Tribal department—no

bond required.

1-806 Appearance bond—enforcement.

June 2025

WINNEBAGO TRIBAL CODE

TITLE 1

ARTICLE 9

MISCELLANEOUS

1-900

1-901

1-902

1-903

1-904

1-905

1-906

1-907

1-908

1-909

1-910

1-911

Deputy may perform official duties.

Affirmation.

Publication in “patent insides.”

Action on official bond.

May be several actions on same security.

Immaterial errors to be disregarded.

Payments into Court for minors and

incompetents.

Conserving moneys obtained for minors

or incompetent persons.

Sharing of judicial officers.

Sharing of other judicial personnel.

Sharing of material resources.

Sharing of financial resources.

1-912

1-913

1-914

1-915

1-916

1-917

1-918

1-919

1-920

1-921

Repealed by TCR 93-85.

Copies of laws.

Cooperation by federal employees.

Effect of prior decisions of the Court.

Judicial review of legislative and executive

actions.

Action when no procedure provided.

Adoption by reference not a waiver of

sovereign power of the Tribe.

Actions by or against Tribe or its officers.

Actions by or against Tribe or its officers

or employees.

Principles of construction.

TITLE 1

ARTICLE 10

OFFICE OF THE GENERAL COUNSEL

1-1000

1-1001

1-1002

Office established.

Duties.

Delegation of duties.

1-1003 Engagement of outside legal counsel.

1-1004 Title of Attorney General.

TITLE 1

ARTICLE 11

TRADITIONAL WELLNESS COURT

(Amended August 29, 2011)

1-1101

1-1102

1-1103

1-1104

1-1105

1-1106

1-1107

1-1108

Construction.

Purpose.

Traditional Wellness Court established.

Personal and subject matter jurisdiction.

Appointment of Wellness Court Panel

Members.

Referral process.

Reports to Tribal Court.

Nature of cases to be decided by the

Traditional Wellness Court.

vii

1-1109 Powers and duties of Traditional Wellness

Court Panel Members.

1-1110 Powers and duties of the Traditional

Wellness Court Coordinator.

1-1111 Intake process.

1-1112 Procedures.

1-1113 Records and confidentiality.

1-1114 Completion of Proceedings.

1-1115 Destruction of Records.

1-1116 Appeals.

June 2025

WINNEBAGO TRIBAL CODE

TITLE 1 ARTICLE 1

TITLE 1

COURT RULES

(As redesignated July 1, 1989.)

ARTICLE 1

PRELIMINARY PROVISIONS

1-100

1-101

1-102

1-103

1-104

1-105

1-106

Authorization.

Definitions.

Territorial jurisdiction.

Criminal jurisdiction.

Personal jurisdiction.

Jurisdiction over property.

General subject matter jurisdictionlimitations.

1-107 Civil jurisdiction.

1-108

1-109

1-110

1-111

1-112

1-113

1-114

Juvenile jurisdiction.

Law to be applied.

Exclusive jurisdiction.

Constitutional authority.

Name of Code.

Prior inconsistent ordinances repealed.

Amendment of Code.

PREAMBLE

This Code of laws for the Winnebago Tribe of Nebraska of the Winnebago Indian Reservation is

established for the purpose of strengthening Tribal self-government and providing for the protection of

people and property on the reservation. Adoption of this Code is an exercise of inherent sovereignty of

the Winnebago Tribe of Nebraska, and is undertaken by the Winnebago Tribal Council pursuant to its

constitutional authority so to do. [TCR 86-79]

1-100 Authorization. There is hereby established, ordained and activated, pursuant to the Constitution

of the Tribe, the judicial branch of the government of the Tribe, the Tribal Court and an appeals Court

known as the Winnebago Supreme Court. [TCR 96-22]

1-101 Definitions. The following words have the meanings given below when used in this Act, unless a

different meaning is obvious from the context:

“Appeals Court” shall mean the Court of last resort to which appeals may be taken from the

Tribal Court. The judicial decisions of the Court of Appeals are final and not subject to further

appeal. The Court of Appeals shall be the Winnebago Supreme Court.

“Clerk” shall mean the clerk of the Court.

“Code” shall mean the statutory laws of the Tribe.

“Constitution” shall mean the Constitution of the Tribe.

“He,” “him,” and “his” shall mean the masculine, feminine or neuter form as necessary for the

phrase to have meaning.

“Tribal Court” shall mean the general Tribal Court operating within the jurisdiction of the Tribe.

“Jurisdiction” shall mean the Indian Country within the territorial jurisdiction of the Tribe.

“Tribe” shall mean the Winnebago Tribe of Nebraska unless the context clearly indicates

otherwise.

“Reservation” shall mean all the territory within the exterior boundaries of the Winnebago Indian

Reservation (including Flowers Island and other Tribal land located east of the Missouri River) as

set forth in the Winnebago Treaty of March 8, 1865 (14 Stat. 671) and the twenty (20) sections

included in the strip purchased in Nebraska for Wisconsin Winnebagos (18 Stat. 170), June 22,

1874 and such lands as may be added thereto by Congress or the Tribe or reaffirmation of the title

June 2025

WINNEBAGO TRIBAL CODE

TITLE 1 ARTICLE 1

10.

of lands through the Courts to the Tribe, except as otherwise provided by law. This definition of

reservation includes all rights-of-way, waterways, streams, lakes, highways, railroad

rights-of-way, mineral rights, etc.

“Winnebago Tribal Court” shall mean the Tribal Court and the Winnebago Supreme Court and

such other inferior courts as the Tribal Council may from time to time establish. [TCR 86-79,

87-102, 91-63, 93-62, 96-22]

1-102 Territorial jurisdiction.

The jurisdiction of the Courts of the Winnebago Tribe of Nebraska shall extend to the territory

within the exterior boundaries of the Winnebago Indian Reservation (including Flowers Island

and other Tribal land located east of the Missouri River) as set forth in the Winnebago Treaty of

March 8, 1865 (14 Stat. 671) and the twenty (20) sections included in the strip purchased in

Nebraska for Wisconsin Winnebagos (18 Stat. 170), June 22, 1874 and such lands as may be

added thereto by Congress or the Tribe or reaffirmation of the title of lands through the Courts to

the Tribe, except as otherwise provided by law. This definition of territorial jurisdiction includes

all rights-of-way, waterways, streams, lakes, highways, railroad rights-of-way, mineral rights, etc.

The Winnebago Tribal Courts shall have jurisdiction over any Indian Child Welfare Act

proceeding or other juvenile matter falling within the jurisdiction conferred on the Tribal Courts

by Article IV, Section 1(R) of the Winnebago Constitution and Bylaws (amended May 28, 1981)

and /or contemplated by the Indian Child Welfare Act of 1978, 25 U.S.C. Section 1901, et. seq.,

as may be amended from time to time, or by successor statute, whether arising on or off the

Winnebago Indian Reservation. [TCR 96-22]

1-103 Criminal jurisdiction. The Courts shall have original jurisdiction over all criminal offenses

enumerated and defined in any statute adopted by the Tribe insofar as not prohibited by federal law. The

Court of Appeals in all criminal cases shall be the Winnebago Supreme Court. [TCR 96-22]

1-104 Personal jurisdiction.

As used in these jurisdictional provisions, the word “person” shall include any individual, firm,

company association, corporation or other entity.

Subject to any limitations expressly stated elsewhere in this Code, the Courts of the Tribe shall

have jurisdiction over the following persons:

Any person who transacts, conducts, or performs any business or activity within the

reservation, either in person or by an agent or representative, for any civil cause of action

or contract or in quasi contract or by promissory estoppel or alleging fraud.

Any person who owns, uses, or possesses any property within the reservation, for any

civil cause of action prohibited by this Code or other statute of the Tribe arising from

such ownership use or protection.

Any person who commits a tortious act on or off the reservation or engages in tortious

conduct within the reservation, either in person or by agent or representative, causing

harm within the reservation for any civil cause of action arising from such act or conduct.

Any Indian who commits a criminal offense prohibited by this Code or other statute of

the Tribe, by his/her own conduct or the conduct of another for which he/she is legally

accountable, if:

The conduct occurs either wholly or partly within the reservation; or

ii.

The conduct which occurs outside the reservation constitutes an attempt or

conspiracy to commit an offense within the reservation; or

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WINNEBAGO TRIBAL CODE

TITLE 1 ARTICLE 1

iii.

The conduct which occurs within the reservation constitutes an attempt or

conspiracy to commit in another jurisdiction an offense prohibited by this Code

or other statute of the Tribe and such other jurisdiction.

Any person for whom the Tribal Courts may constitutionally exercise jurisdiction.

None of the foregoing bases of jurisdiction is exclusive, and jurisdiction over a person may be

established upon any one or more of them as applicable. [TCR 96-22]

1-105 Jurisdiction over property. Subject to any contrary provisions, exceptions or limitations

contained in either federal laws and regulations, the Tribal Constitution, or as expressly stated elsewhere

in this Code, the Winnebago Tribal Court System shall have jurisdiction over any real or personal

property located on the reservation to determine the ownership thereof or rights therein or to determine

the application of such property to the satisfaction of a claim for which the owner of the property must be

liable. [TCR 96-22]

1-106 General subject matter jurisdiction—limitations.

The Winnebago Tribal Court System shall have such subject matter jurisdiction as is expressly

conferred by Article IV 1(i) and 1(q), Winnebago Constitution and By-laws (amended May 28,

1981) to wit:

Any and all Indian Child Welfare Act proceedings defined at 25 U.S.C. Section 1901, et.

seq., or successor statute, without regard to the child’s residence or domicile or the

location of any incidents giving rise to the proceedings.

Civil disputes and civil causes of action of any kind whatsoever with the following

exceptions and limitations:

The Winnebago Tribal Court shall have jurisdiction over probate proceedings to

the extent permitted by federal law over all of the real and personal property

located within the boundaries of the jurisdiction of the Court at the time of death.

[TCR 86-79, 96-22]

1-107 Civil jurisdiction. The Winnebago Tribal Courts shall have general civil jurisdiction over all

civil actions arising under the Constitution, laws, or treaties of the Tribe, including the Tribal common

law, over all general civil claims which arise within the Tribal jurisdiction, and over all tran

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