APPELLATE PROCEDURE CODE (2024)

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WYANDOTTE NATION

TITLE 1

APPELLATE PROCEDURE CODE

(APPROVED BY THE BOARD OF DIRECTORS 10-08-2024)

INDEX

WYANDOTTE NATION TITLE 1 APPELLATE PROCEDURE CODE INDEX

WYANDOTTE NATION TITLE 1 APPELLATE CODE

INTRODUCTION

Section 1. Scope and Applicability of Rules.

Section 2. Suspension of Rules.

Section 3. Consent to Jurisdiction.

Section 4. Discretionary Authority.

Section 5. Definitions.

CHAPTER ONE - DISTRICT COURT

Section 101. Appeal as of Right - How Taken.

Section 102. Civil Appeal as of Right - How Taken.

Section 103. Interlocutory Appeals in Civil Actions.

Section 104. Interlocutory Appeals in Criminal Actions.

Section 105. Appeals by the Nation in Criminal Actions.

Section 106. Bond for Costs on Appeal in Civil Cases.

Section 107. Stay or Injunction Pending Appeal.

Section 108. Release in Criminal Cases.

Section 109. The Record on Appeal.

Section 110. Transmission of Record.

Section 111. Reserved.

Section 112. Docketing the Appeal; Filing the Record.

CHAPTER TWO - EXTRAORDINARY WRITS

Section 201. Mandamus or Prohibition Directed to a Judge.

Section 202. Denial or Order Directing Answer.

Section 203. Other Extraordinary Writs.

Section 204. Form of Papers, Number of Copies.

CHAPTER THREE - HABEAS CORPUS; PROCEEDINGS IN FORMA

PAUPERIS

Section 301. Habeas Corpus Proceedings.

Section 302. Transfer of Custody Pending Review.

Section 303. Detention Or Release Pending Review of Decision Failing to

Release.

Section 304. Detention Or Release Pending Review of Decision Ordering

Release.

Section 305. Modification of Initial Order Respecting Custody.

Section 306-310. RESERVED.

Section 307. Leave From District Court to Proceed to Supreme Court.

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Section 308. Special Rule for Parties Previously Granted Permission To Proceed

in Forma Pauperis.

Section 309. Remedy For Denial Of Motion By District Court.

CHAPTER FOUR - GENERAL PROVISIONS

Section 401. Filing Papers; Filing By Mail.

Section 402. Service of All Papers Required.

Section 403. Manner of Service.

Section 404. Proof of Service.

Section 405 Computation of Time.

Section 406. Enlargement of Time.

Section 407. Additional Time After Service By Mail.

SUBCHAPTER A - MOTIONS AND BRIEFS

Section 408 - 410. RESERVED.

Section 411. Content, Response, and Reply to Motions.

Section 412. Determination of Motions for Procedural Orders.

Section 413. Power of a Single Justice to Entertain Motions.

Section 414. Form of Papers; Number of Copies.

Section 415. Brief of Appellant.

Section 416. Brief of Appellee.

Section 417. Reply Brief.

Section 418. Reference in Briefs to Parties.

Section 419. References in Briefs to the Record and Statutes.

Section 420. Length of Briefs.

Section 421. Briefs in Cases Involving Cross Appeals.

Section 422. Briefs in Cases Involving Multiple Appellants or Appellees.

Section 423. Citation of Supplemental Authorities.

Section 424. Brief of an Amicus Curiae.

Section 425. Appendix to the Briefs.

Section 426. Time for Filing and Service of Briefs.

Section 427. Number of Copies to be Filed and Served.

Section 428. Consequence of Failure to File Briefs.

Section 429. Form of Briefs, the Appendix and Other Papers.

Section 430. Form of Other Papers.

SUBCHAPTER B - ARGUMENT

Section 431- 440. RESERVED.

Section 441. Pre-hearing Conference.

Section 442. Oral Agreement in General.

Section 443. Notice of Argument: Postponement.

Section 444. Order and Content of Argument.

Section 445. Cross and Separate Appeals.

Section 446. Non-Appearance of Parties.

Section 447. Submission on the Briefs.

Section 448. Use of Physical Exhibits at Argument; Removal.

Section 449. When Hearing or Rehearing En Banc Will Be Ordered.

Section 450. Suggestion of a Party for Hearing or Rehearing En Banc.

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Section 451. Time for Suggestion of a party for Hearing or Rehearing En Banc;

Suggestion Does Not Stay Mandate.

SUBCHAPTER C - JUDGMENT

Section 452- 460. RESERVED.

Section 461. Entry of Judgment.

Section 462. Interest on Judgments.

Section 463. Damages for Delay.

Section 464. To Whom Costs Allowed.

Section 465. Costs For Or Against the Nation.

Section 466. Costs of Briefs, Appendices, and Copies of Records.

Section 467. Bill Of Costs; Objections; Costs Inserted in Mandate Or Added

Later.

Section 468. Costs On Appeal Taxable in the District Court.

Section 469. Petition For Re-hearing.

Section 470. Issuance of Mandate.

Section 471. Voluntary Dismissal.

Section 472. Substitution of Parties.

Section 473. Cases Involving Constitutional or Indian Civil Rights Act Questions

Where the Nation Is Not A Party.

ATTORNEY RULES - ATTORNEY RULES

Rule 101. Admission to the Bar.

Rule 102. Appearance and Withdrawal of Counsel.

Rule 103. Courtroom Decorum.

Rule 104. Attorney Conference With Respect to Discovery Motions.

Rule 105. Free Press - Fair Trial.

Rule 106. Plan of the District Court for the Representation of Indigent Defendant.

OATH OF ATTORNEY

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WYANDOTTE NATION

TITLE 1

APPELLATE PROCEDURE CODE

INTRODUCTION

Section 1. Scope and Applicability of Rules.

(a) Scope. This Title governs the procedure in appeals to the Supreme Court from the

District Court, and in application for writs or other relief, which the Supreme Court or a Justice

thereof is competent to give. When this Title provides for the making of a motion or application

in the District Court, the procedure for making such motion or application shall be in accordance

with the practice of that Court.

(b) Jurisdiction Not Affected. This Title shall not be construed to extend or limit the

jurisdiction of the Supreme Court as may be established by other applicable law, and all provisions

of this Title shall be subject to the Constitution of the Wyandotte Nation.

Section 2. Suspension of Rules.

In the interest of expediting decisions, the furtherance of the administration of justice, or for other

good cause shown, the Supreme Court may, except as provided in Section 406, suspend the

requirements or provisions of any Section of this Title in a particular case on application of a party

or on its own motion, and may order proceedings in accordance with its direction.

Section 3. Discretionary Authority.

Where no procedure is provided in this Title, other applicable law or Court Rule, the Supreme

Court may proceed to exercise its functions in any lawful manner.

Section 4. Definitions.

The following words have the meanings given below when used in this Title, unless a different

meaning is obvious from the context:

(a) “Clerk” shall mean the Clerk of the Court.

(b) “Code” shall mean the statutory laws of the Wyandotte Nation.

(d) "Common Law" shall mean the common law of the Wyandotte Nation unless otherwise

indicated. This term shall include traditional tribal customs and usages.

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(e) "Community Court" shall mean the Wyandotte Nation Community Court created under

Chapter 3 of this Title.

(f) “Constitution” shall mean the Constitution of the Wyandotte Nation unless otherwise

indicated.

(g) “District Court” shall mean the lower or general trial Court operating within the

jurisdiction of the Nation, created pursuant to the Wyandotte Constitution Article 6, § 6.

(h) “Judicial Administrator” or “Court Administrator” shall mean the administrator of the

Judicial Branch.

(i) "Nation Council" shall mean the Nation Council of the Wyandotte Nation.

(j) “Board of Directors” shall mean the Officers of the Wyandotte Nation.

(k) “He”, “him”, and “his” shall mean the masculine, feminine and neuter forms as

appropriate unless a particular masculine, feminine or neuter form is necessary for the phrase to

have meaning.

(l) "Judicial Office" shall mean generally any Judge or Justice appointed by the Board of

Directors pursuant to this Title.

(m) “Jurisdiction” shall mean the Reservation of the Wyandotte Nation.

(n) "Nation" or "Tribe" and variants thereof, both uppercase and lowercase, shall mean the

Wyandotte Nation unless otherwise indicated.

(o) "Statute" shall mean any law duly adopted by the Board of Directors of the Wyandotte

Nation unless otherwise indicated.

(p) “Supreme Court” shall mean the Court of last resort to which appeals may be taken

from the District Court. The judicial decisions of the Supreme Court are final and are not subject

to further appeal.

(q) "Tribe" – see "Nation."

CHAPTER ONE

APPEALS FROM JUDGMENTS AND ORDERS OF THE DISTRICT COURT

Section 101. Appeal as of Right - How Taken.

(a) Filing the Notice of Appeal. An appeal permitted by the laws of the Wyandotte Nation

as of right from the District Court to the Supreme Court shall be taken by filing a notice of appeal

with the Clerk of the District Court within the time allowed by Section 102, or by the statute

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applicable in the specific case. Failure of an appellant to take any step other than the timely filing

of a notice of appeal does not affect the validity of the appeal, but is grounds only for such action

as the Supreme Court deems appropriate, which may include dismissal of the appeal.

(b) Joint or Consolidated Appeals. If two or more persons are entitled to appeal from a

judgment or order of District Court, and their interests are such as to make joinder practicable,

they may file a joint notice of appeal, or may join in appeal after filing separate timely notices of

appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be

consolidated by order of the Supreme Court upon its own motion or upon motion of a party, or by

stipulation of the parties to the several appeals.

(1) specify the parties to the appeal;

(2) designate the order, commitment, or judgment appealed from;

(3) note the division of the District Court (civil, criminal, juvenile, or small

claims) from which the appeal is taken; and

(4) contain a short statement of the reason or grounds for the appeal.

An appeal shall not be dismissed for informality of form or title of the notice of appeal.

(d) Service of the Notice of Appeal. The Clerk of the District Court shall serve notice of

the filing of an appeal by mailing a copy of the notice of appeal, which copy shall be provided by

the appealing party, to counsel of record of each party other than the appellant, and to the party at

his last known address; and shall forthwith certify and deliver to the Clerk of the Supreme Court,

for filing in the Supreme Court, a certified copy of the notice of appeal. The Clerk of the Supreme

Court shall enter such filing upon the docket of the Supreme Court. When an appeal is taken by a

defendant in a criminal case, the Clerk of the District Court shall also serve a copy of the notice of

appeal upon the appellant, either by personal service or by mail addressed to him. The Clerk of

District Court shall note on each copy served the date on which the notice of appeal was filed.

Failure of the Clerk to serve notice shall not affect the validity of the appeal. Service shall be

sufficient notwithstanding the death of a party or his counsel. The Clerk shall note in the docket

the names of the parties to whom he mails copies, with the date of mailing.

(e) Payment of Fees. Upon the filing of any separate or joint notice of appeal from the

District Court, the appellant shall pay to the Clerk of the District Court, for deposit in the Court

Fund, of the filing fee which shall be in such amount as may be determined by rule of the Board

of Directors, except that payment of a filing fee shall not be required for an appeal by the Nation,

its officers, or agents when acting in their official capacity. If a private party joins in an appeal by

the Nation, its officers or agents, the private party shall pay the required filing fee. The Supreme

Court, or a Justice thereof, may waive payment of the filing fee in criminal cases when the

defendant, by affidavit or otherwise, establishes that he is without sufficient funds or resources

with which to pay the required fees.

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Section 102. Civil Appeal as of Right - When Taken.

(a) Appeals In Civil Cases.

(1) In a civil case in which an appeal is permitted by law as of right from the District

Court to the Supreme Court, the notice of appeal required by Section 101 shall be filed with the

Clerk of the District Court within the following time periods after entry of the judgment or order

appealed from, if a time certain is not otherwise provided by statute:

A) From an order or judgment is an action for forcible entry or forcible or

unlawful detainer: Ten (10) Days.

B) From an order, decree, or judgment of the Juvenile Division of the

District Court, (except an order, decree, or judgment which terminates parental rights):

Thirty (30) Days.

C) From an order, decree, or judgment of the Juvenile Division of the

District Court which terminates parental rights: Ninety (90) Days.

(2) Except as provided in subsection (a)(4) of this Section, a notice of appeal filed

after the announcement of a decision or order but before the formal entry of the judgment or order

shall be treated as filed after such entry and on the day thereof.

(3) If a timely notice of appeal is filed by a party, any other party may file a notice

of appeal within fourteen (14) days after the date on which the first notice of appeal was filed, or

within the time otherwise prescribed by this Section, whichever period last expires.

(4) If a timely motion under Title 3, Section 1612 (Civil Procedure) is filed in the

District Court by any party:

A) for judgment notwithstanding the verdict, or

B) to amend or make additional findings of fact, whether or not an

alteration of the judgment would be required if the motion is granted, or

C) to alter or amend the judgment or for a new trial, then, and in that event,

the time for appeal for all parties shall run from the entry of the order denying a new trial or

granting or denying any other such motion. A notice of appeal filed before the disposition of any

of the above motions shall have no effect. A new notice of appeal must be filed within the

prescribed time measured from the entry of the order disposing of the motion as provided above.

No additional fees shall be required for such filing.

(5) The District Court, upon a showing of excusable neglect or good cause, may

extend the time for filing a notice of appeal in a civil action upon motion filed not later than thirty

(30) days after the expiration of the time prescribed by this Section. Any such motion which is

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filed before expiration of the prescribed time for the filing of a notice of appeal may be ex parte

unless the District Court otherwise requires. Notice of any such motion, which is filed after

expiration of the prescribed time, shall be given to the other parties in accordance with Title 3,

Section 204 (Civil Procedure). No such extension shall exceed thirty (30) days past such

prescribed time or ten (10) days from the date of entry of the order granting the motion, whichever

occurs later.

(6) A judgment or order is entered within the meaning of this Section when it is

entered in compliance with the Civil Procedure Code.

(b) Appeals In Criminal Cases. In a criminal case, the notice of appeal by a defendant shall

be filed in the District Court within ten (10) days after the entry of the final judgment and sentence

or other order appealed from. A notice of appeal filed after the announcement of a decision,

sentence, or order, but before formal entry of the judgment or order shall be treated as filed after

such entry and on the day thereof. If a timely motion in arrest of judgment, or a motion for a new

trial on any ground other than newly discovered evidence has been made, an appeal from a

judgment of conviction may be taken within ten (10) days after the entry of an order denying the

motion. A motion for a new trial based on the ground of newly discovered evidence will similarly

extend the time for appeal from a judgment of conviction if the motion is made before or within

ten (10) days after entry of the judgment. When an appeal by the Nation is authorized by statute,

the notice of appeal shall be filed by the Nation in the District Court within ten (10) days after the

entry of the judgment or order appealed from unless a different time is specifically set by the statute

authorizing the appeal. A judgment or order is entered within the meaning of this subdivision when

it is entered in the criminal docket pursuant to Title 6, Section 401 (Criminal Procedure). Upon a

showing of excusable neglect the District Court may, before or after the time has expired, with or

without motion and notice, extend the time for filing a notice of appeal for a period not to exceed

thirty (30) days from the expiration of the time otherwise prescribed by this subdivision of this

Section.

Section 103. Interlocutory Appeals in Civil Actions.

(a) Interlocutory Appeals as of Right. A person may appeal to the Supreme Court by right

any order made appealable by law, and the following judgments or orders of the District Court:

(1) An order that grants or refuses a new trial or vacates or refuses to vacate a

judgment on any grounds including that of newly discovered evidence or the impossibility of

making a record.

(2) An order that discharges, vacates, or modifies or refuses to discharge, vacate,

or modify an attachment.

(3) An order that denies grants, or modifies a temporary injunction, or discharges,

vacates, or modifies, or refuses to discharge, vacate, or modify a temporary injunction.

(4) An order that discharges, vacates, or modifies, or refuses to discharge, vacate,

or modify a provisional remedy, which affects the substantial rights of the parties.

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(5) An order that appoints a receiver, except where the receiver was appointed at

an ex parte hearing where a full hearing will be held upon application therefore, refuses to appoint

a receiver, or vacates or refuses to vacate the appointment of a receiver, or refuses or grants orders

to wind up receiverships or to take steps to accomplish the purposes thereof, such a directing sales

or other disposals of property.

(6) An order that directs the payment of money pendente lite, except where granted

at an ex parte hearing where a full hearing will be held upon application therefore, refuses to direct

the payment of money pendente lite, or vacates or refuses to vacate an order directing the payment

of money pendente lite.

action.

(7) An order that certifies or refuses to certify an action to be maintained as a class

(8) An order with regard to probate matters:

(A) granting, or refusing, or revoking letters testamentary or of

administration, or of guardianship, or conservatorship; or

(B) admitting, or refusing to admit, a will to probate; or

thereof; or

a widow or child; or

(D) against or in favor of setting apart property, or making an allowance for

(E) against or in favor of directing the partition, sale or conveyance of any

interest in real property; or

(F) settling an account of an executor, or administrator or guardian; or

(G) refusing, allowing or directing the distribution or partition of an estate,

or any part thereof or the payment of a debt, claim, legacy or distributive share; or

(H) refusing or allowing the release of any tax liability; or

(I) from any other judgment, decree, or order of the Court in a probate case,

or of the Judge thereof, affecting a substantial right.

law.

(9) Any interlocutory order or decree made immediately appealable by applicable

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(b) Time for Filing Interlocutory Appeals as of Right and Special Rules.

(1) The party aggrieved thereby may appeal the order to the Supreme Court without

awaiting the final determination of the action; by filing the notice of appeal with the District Court

Clerk within twenty (20) days after the order is issued.

(2) If the order discharges or modifies an attachment or preliminary injunction and

it becomes operative, the undertaking given upon the allowance of an attachment or preliminary

injunction shall stay the enforcement of said order and said order shall remain in full force and

effect until final order of discharge after appeal shall take effect.

(3) If the order grants a preliminary injunction, the party seeking to appeal, if he

desires to stay said order, shall give within ten (10) days after the order is rendered, an undertaking,

with sufficient surety, in such sum as the Court deems proper, to secure the party procuring the

injunction the damages he may sustain, including reasonable attorney fees, if it is finally decided

that the preliminary injunction was properly granted. The undertaking shall stay the effect of the

preliminary injunction pending appeal.

(4) Where a receiver shall be or has been appointed, upon the appellant filing an

appeal bond, with sufficient sureties, in such sum as may have been required of the receiver by the

Court or a Judge thereof, conditioned for the due prosecution of the appeal and the payment of all

costs, or damages that may accrue to the Nation or any officer or person by reason thereof, the

authority of the receiver shall be suspended until the final determination of the appeal, and if the

receiver has taken possession of any property, real or personal, it shall be returned and surrendered

to the appellant upon the filing and approval of the bonds.

(5) Interlocutory Appeals by Permission. When a judge, in making an order or

decree in a civil action not otherwise appealable under this Section or other applicable law, shall

be of the opinion that such order involves a controlling question for law as to which there is

substantial grounds for difference of opinion and that an immediate appeal from the order may

materially advance the ultimate termination of the litigation, he shall so state in writing in such

order. The Supreme Court may thereupon, in its discretion, permit an appeal to be taken from such

order, if application is made within ten (10) days after the entry of the order, provided, however,

that application for an appeal hereunder shall not stay proceedings in the District Court, unless the

Judge or the Supreme Court, or a Justice of the Supreme Court shall so order.

statement prescribed by Section 103(c)(1) may be sought by filing a petition for permission to

appeal with the Clerk of the Supreme Court within ten (10) days after the entry of such order in

the District Court with proof of service on all other parties to the action in the District Court. An

order may be amended to include the prescribed statement at any time, and permission to appeal

may be sought within ten (10) days after entry of the order as amended.

(1) The petition shall contain a statement of the facts necessary to an understanding

of the controlling question of law determined by the order of the District Court; a statement of the

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question itself; and a statement of the reasons why a substantial basis exists for a difference of

opinion on the question and why an immediate appeal may materially advance the termination of

the litigation. The petition shall include or have annexed thereto a copy of the order from which

the appeal is sought and any findings of fact, conclusions of law and opinion relating thereto.

Within seven (7) days after service of the petition, an adverse party may file an answer in

opposition. The application and answer shall be submitted without oral argument unless otherwise

ordered.

(2) All papers must be typewritten. Ten (10) copies shall be filed with the original,

but the Court may require that additional copies be furnished.

(3) Within ten (10) days after the entry of an order granting permission to appeal,

the appellant shall:

(A) pay to the Clerk of the District Court the fees established by rule of the

Board of Directors for the filing of appeals by permission; and

(B) file a bond for costs if required by the Supreme Court.

The Clerk of the District Court shall notify the Clerk of the Supreme Court of the payment of the

fees. Upon receipt of such notice, the Clerk of the Supreme Court shall enter the appeal upon the

docket. The record shall be transmitted and filed as in cases of direct appeal by right. A notice of

appeal need not be filed.

Section 104. Interlocutory Appeals in Criminal Actions.

(a) Appeal by the Defendant. An interlocutory appeal to the Supreme Court may not be

taken by the defendant except by leave of the Court in the same manner as the taking of

interlocutory appeals by permission in civil actions.

(b) Appeal by the Nation. An appeal by the Nation to the Supreme Court may be taken

from a decision or order of the District Court prior to the beginning of trial suppressing or

excluding evidence, or requiring the return of seized property in a criminal proceeding, or

dismissing the criminal complaint, and, after the verdict is returned, upon an order granting a new

trial, or an order refusing to revoke probation or parole, or an order reducing a valid sentence

previously imposed.

Section 105. Appeals by the Nation in Criminal Actions.

(a) An appeal to the Supreme Court may be taken by the Nation from the final judgment in

a criminal action in the following cases:

(1) Upon judgment for the defendant quashing or setting aside the criminal

complaint prior to trial. If the Nation's appeal is upheld under this Subsection, the complaint shall

be reinstated, and the case shall proceed to trial.

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(2) Upon an order of the Court arresting the judgment. If the Nation's appeal is

upheld under this Subsection, the judgment and sentence shall be entered and enforced.

(3) Upon a question of law reserved by the Nation. A defendant may not be tried

again for the same offense if the Nation's appeal is upheld under Subsection (a)(3) of this Section.

(b) Pending the prosecution and determination of the appeal in the foregoing instances, the

defendant shall be released in accordance with Section 108 of this Title.

Section 106. Bond For Costs on Appeal in Civil Cases.

The District Court may require an appellant to file a bond or provide other security in such form

and amount as it finds necessary to ensure payment of costs on appeal in a civil case. The

provisions of Section 107(b) of this Title apply to a surety upon a bond given pursuant to this

Section.

Section 107. Stay or Injunction Pending Appeal.

(a) Procedure. Application for a stay of the judgment or order of District Court pending

appeal, or for approval of a supersedeas bond, or for an order suspending, modifying, restoring or

granting an injunction during the pendency of an appeal must ordinarily be made in the first

instance in the District Court. A motion for such relief may be made to the Supreme Court, or to a

Justice thereof, but the motion shall show that application to the District Court for the relief sought

is not practicable, or that the District Court has denied an application, or has failed to afford the

relief which the applicant requested, with the reasons given by the District Court for its action. The

motion shall also show the reasons for the relief requested and the facts relied upon, and if the facts

are subject to dispute, the motion shall be supported by affidavits or other sworn statements or

copies thereof. With the motion shall be filed such parts of the record as are relevant to the motion.

Reasonable notice of the motion shall be given to all parties. The motion shall be filed with the

Clerk of the Supreme Court, and normally will be considered by the entire Court, but in exceptional

cases where such procedure would be impracticable due to the requirements of time, the

application may be made to and considered by a single Justice of the Court pending review by the

entire Court. In cases where relief has not been previously requested in the District Court, the

Supreme Court may, if it determines such action to be appropriate under the circumstances, remand

the motion to the District Court for its initial determination.

(b) Bond, Proceedings Against Sureties. Relief available in the Supreme Court under this

Section may be conditioned upon the filing of a bond or other appropriate security in the District

Court. If security is given in the form of a bond or stipulation or other undertaking with one or

more sureties, each surety submits himself to the jurisdiction of the District Court and irrevocably

appoints the Clerk of the District Court as his agent upon whom any papers affecting his liability

on the bond or undertaking may be served. It is the responsibility of the surety to provide the Clerk

of the District Court with his proper and current address, and a supply of stamped, self-addressed

envelopes, if he wishes copies of any papers served upon the Clerk as his agent to be mailed to

him. His liability may be enforced on motion in the District Court without the necessity of an

independent action. The motion and such notice of the motion as the District Court shall prescribe

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may be served on the Clerk of the District Court who shall forthwith mail copies to the sureties if

their addresses are known.

of this Subsection.

(1) A sentence of imprisonment or banishment may be stayed if an appeal is taken

and the Defendant may be given the opportunity to make bail. Any Defendant not making bail or

otherwise obtaining release pending appeal shall have all time spent in incarceration counted

towards his sentence in the matter under appeal.

(2) A sentence to pay a fine or a fine and costs, may be stayed pending appeal upon

motion of the Defendant, but the District Court may require the Defendant to pay such money

subject to return if the appeal should favor the Defendant and negate the requirement for paying

such.

(3) An order placing the Defendant on probation may be stayed on motion of the

Defendant if an appeal is taken.

Section 108. Release in Criminal Cases.

(a) Appeal of Order Denying Release Pending Appeal. An appeal authorized by law from

an order refusing or imposing conditions of release pending appeal of the underlying judgment of

conviction and sentence shall be determined promptly. Upon entry of an order refusing or imposing

conditions of release pending appeal of the underlying judgment of conviction and sentence, the

District Court shall state in writing the reasons for the action taken. The appeal in such matters

shall be heard without the necessity of briefs after reasonable notice to the appellee upon such

papers, affidavits, and portions of the record as the parties shall present. The Supreme Court, or a

Justice thereof pending action by the entire Court, may order the release of the appellant pending

the appeal.

(b) Procedure. Application for release after a judgment of conviction shall be made in the

first instance in the District Court. If the District Court refuses release pending appeal, or imposes

conditions of release, the Court shall state in writing the reasons for the action taken. Thereafter,

if an appeal is pending, a motion for release, or for modification of the conditions of release,

pending review may be made to the Supreme Court or to a designated Justice thereof. The motion

shall be determined promptly upon such papers, affidavits, and portions of the record as the parties

shall present and after reasonable notice to the appellee. The Supreme Court, or a Justice thereof

pending action by the entire Court, may order the release of the appellant pending disposition of

the motion.

accordance with the criteria for bail established by law in Title 6, Section 601 (Criminal

Procedure) or otherwise. The burden of establishing that the defendant will not flee or pose a

danger to any other person or to the community rests with the defendant.

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Section 109. The Record on Appeal.

(a) Composition of The Record on Appeal. The original papers and exhibits filed in the

District Court, the transcript or electronic recording of the proceedings, if any, and certified copy

of the docket entries prepared by the Clerk of the District Court shall constitute the record on

appeal in all cases.

(b) Transcript, Duty of Appellant To Order, Notice Of Partial Transcript

(1) Within ten (10) days after filing the notice of appeal, the appellant shall order

from the Clerk or reporter, a transcript of such parts of the proceedings not already on file as he

deems necessary. The order shall be in writing and, within the same period, a copy shall be filed

with the Clerk of the District Court. If no such parts of the proceedings are to be ordered within

the same period, the appellant shall file a certificate to that effect.

(2) If the appellant intends to urge on appeal that a finding or conclusion is

unsupported by the evidence or is contrary to the evidence, he shall include in the record a

transcript of all evidence relevant to such finding or conclusion.

(3) Unless the entire transcript is to be included, the appellant shall, within the ten

(10) day time limit provided in Subsection (b)(1) of this Section, file a statement of the issues he

intends to present on the appeal and shall serve on the appellee a copy of the order or certificate

and of the statement. If the appellee deems a transcript of other parts of the proceedings to be

necessary, he shall, within ten (10) days after the service of the order or certificate and the

statement of the appellant, file and serve on the appellant a designation of additional parts to be

included. Unless within ten (10) days after service of such designation the appellant has ordered

such parts, and has so notified the appellee, the appellee may within the following ten (10) days

order the parts or move in the District Court for an order requiring the appellant to do so.

(4) At the time of ordering, a party must make satisfactory arrangements with the

reporter for payment of the costs of the transcript. If a typewritten transcript is ordered, the Clerk

or Reporter shall charge a fee, to be set by the Court, for each original page, and an additional fee

for each copy of an original page. If a copy of an electronic recording of the proceedings is ordered,

the Clerk or Reporter shall charge a fee to be set by the Court for each electronic copy ordered.

All such fees paid on behalf of a Clerk or reporter who is employed by the Nation and paid a salary

by the Nation shall be deposited in the Court fund, unless specific statutory authority for other

disposition of such monies is provided. All such fees paid on behalf of an independent reporter

appointed or authorized by the District Court to record its proceedings, but not paid from tribal

funds, shall be paid over to such reporter.

at a hearing or trial was made, or if a transcript is unavailable, the appellant may prepare a

statement of the evidence or proceedings from the best available means, including his recollection.

The statements shall be served on the appellee, who may serve objections or propose amendments

thereto within ten (10) days after service. Thereupon, the statement and any objections or proposed

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amendments shall be submitted to the District Court for settlement and approval and as settled and

approved shall be included by the Clerk of the District Court in the record on appeal.

(d) Agreed Statement As The Record On Appeal. In lieu of the record on appeal as defined

in Subsection (a) of this Section, the parties may prepare and sign a statement of the case showing

how the issues presented by the appeal arose and were decided in the District Court and setting

forth only so many of the facts averred and proved or sought to be proved as are essential to a

decision of the issues presented. If the statement conforms to the truth, the statement together with

such additions as the Court may consider necessary fully to present the issues raised by the appeal,

shall be approved by the District Court, and shall then be certified to the Supreme Court as the

record on Appeal and transmitted to the Supreme Court Clerk's records.

(e) Correction Or Modification Of The Record. If any difference arises as to whether the

record truly discloses what occurred in the District Court, the difference shall be submitted to and

settled by the Judge of that Court and the record made to conform to the truth. If anything material

to either party is omitted from the record by error or accident or is misstated therein, the parties by

stipulation, or the District Court, either before or after the record is transmitted to the Supreme

Court, on proper suggestion or of its own initiative, may direct that the omission or misstatement

be corrected, and if necessary that a supplemental record be certified and transmitted. All other

questions as to the form and content of the record shall be presented to the Supreme Court.

Section 110. Transmission of Record.

(a) District Court Clerk To Serve As Clerk of the Supreme Court. The Court Clerk of the

District Court may also serve as the Clerk of the Supreme Court whenever the position of Clerk of

the Supreme Court is vacant, or, in the opinion of the Supreme Court such service shall be deemed

expedient.

(b) Transmission and Filing Of Record. In all cases, including juvenile and criminal

actions, the Clerk in charge of the papers in that case shall, within fifteen (15) working days after

a Notice of Appeal is filed, prepare, certify, and deliver to the Clerk of the Supreme Court, for

filing with the Supreme Court, all papers comprising the record of the case except the transcript.

Such compilation shall be indexed with page numbers. All parties to the appeal shall be notified

of the filing of the record with the Supreme Court, and a copy of the index to the record shall be

attached to the notice for the benefit of the parties. Copies of any documents contained in the

record shall be available to the parties at a cost per page to be set by rule of the Board of Directors.

recording, the Clerk or reporter shall acknowledge at the foot of the order the fact that he has

received it and the date on which he expects to have the transcript or copy of the electronic

recording completed and shall transmit the order, so endorsed, to the Clerk of the Supreme Court.

If the transcript cannot be completed within thirty (30) days of receipt of the order, the Clerk or

reporter shall request an extension of time from the Clerk of the Supreme Court, and the action of

the Clerk of the Supreme Court shall be entered on the docket and the parties notified. In the event

of the failure to file the transcript or complete making copies of the electronic recording within the

time allowed, the Clerk of the Supreme Court shall notify the Chief Justice and take such steps as

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may be directed by the Chief Justice of the Supreme Court. Upon completion of the transcript, the

Clerk or reporter shall file it with the Clerk of the District Court and shall notify the Clerk of the

Supreme Court that he has done so.

(d) Transmission of Transcript. Upon receipt of the Transcript, or notification that

requested copies of electronic recordings of the proceedings are completed, or the filing of a

statement as provided in Section 109(c) or (d) of this Title, the Clerk of the District Court shall

forthwith notify the parties that the transcript, recordings, or statement is completed and ready for

transmittal to the Supreme Court, shall state in the notice the date upon which the notice was given,

and the date the final record will be delivered to the Supreme Court. The parties may receive their

copies (if ordered) of such transcript, recordings, or statement as soon as they become available

whether before or after formal notice of such availability is mailed to the parties. Fifteen (15) days

after the mailing of the notice of completion of the transcript, tapes, or statement, the Clerk of the

District Court shall deliver the original thereof to the Clerk of the Supreme Court for filing. Upon

filing by the Clerk of the Supreme Court, the record shall be deemed received and completed for

the purposes of the appeal.

Section 111. RESERVED.

Section 112. Docketing the Appeal; Filing the Record.

(a) Docketing The Appeal. Upon receipt of the Notice of Appeal and of the docket entries

and papers transmitted by the Clerk of the District Court pursuant to Section 110(b), the Clerk of

the Supreme Court shall thereupon enter the appeal upon the docket. An appeal shall be docketed

under the title given to the action in the District Court, with the appellant identified as such, but if

such title does not contain the name of the appellant, his name, identified as appellant, shall be

added to the title. In appeals from the Juvenile Division of the Court, the docket books shall contain

the correct names of the parties, however, all opinions or other papers of the Court, which may

become public information, shall contain only initials or other similar designations and not the

names of the parties.

(b) Upon receipt of the completed record on appeal as provided in Section 110(d), the Clerk

of the Supreme Court shall file it and shall immediately give notice to all parties of the date on

which it was filed.

CHAPTER TWO

EXTRAORDINARY WRITS

Section 201. Mandamus or Prohibition Directed to a Judge.

Application for a writ of mandamus or of prohibition directed to a District Judge, or to any other

subordinate agency or officer against whom an original action in mandamus or prohibition may be

filed by law in the Supreme Court, shall be made by filing a petition therefore with the Clerk of

the Supreme Court with proof of service on the respondent and on all parties in interest to the

action in the District Court. The petition shall contain, a statement of the facts necessary to an

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understanding of the issues presented by the application; a statement of the issues presented and

the relief sought; a statement of the reasons why the writ should issue; and copies of any order or

opinion or parts of the record which may be essential to an understanding of the matters set forth

in the petition. The Clerk shall docket the petition and submit it to the Court upon payment of a

docketing fee set by Court rule. In vacation, the alternative Writ may be issued by a single Justice

but a peremptory writ should be issued only by a quorum of the Court. The Supreme Court may,

in its discretion, remand the writ to the District Court for initial determination.

Section 202. Denial or Order Directing Answer.

If the Court is of the opinion that the writ should not be granted in any case on the facts and law

stated in the petition, it shall deny the petition. Otherwise, it shall order that an answer to the

petition be filed by the respondents within the time fixed by the order. The order shall be served

by the Clerk on the named respondents and on all other parties to the action in the District Court.

All parties below other than the petitioner shall also be deemed respondents for all purposes. Two

or more respondents may answer jointly. If the named respondents do not desire to appear in the

proceeding, they may so advise the Clerk and all parties by letter, but the petition shall not thereby

be taken as admitted. The Clerk shall advise the parties of the dates on which briefs are to be filed,

if briefs are required, and of the date of oral argument, if any. The proceeding shall be given

preference over ordinary civil cases. These writs may be used to compel a respondent to perform

a required action or to refrain from exceeding his jurisdiction, but may not be used to control the

discretionary actions of judges, agencies, or other officials of the Nation.

Section 203. Other Extraordinary Writs.

Application for extraordinary writs other than those provided for in Section 201 of this Chapter

shall be made by petition filed with the Clerk of the Supreme Court with proof of service on the

parties named as respondents. Proceedings on such applications shall conform, so far as is

practicable, to the procedure prescribed in Sections 201 and 202 of this Chapter.

Section 204. Form of Papers, Number of Copies.

All papers must be typewritten. Five (5) copies and the original shall be filed, but the Court may

direct that additional copies be furnished.

CHAPTER THREE

HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS

Section 301. Habeas Corpus Proceedings.

An application for a writ of habeas corpus shall originally be made to the District Court. If

application is made to the Supreme Court, or a Justice thereof individually, the application will

ordinarily be transferred to the District Court for determination. The Supreme Court, or a Justice

thereof, will accept original jurisdiction in such matters only upon a showing of compelling

necessity and urgency. If an application is made to or transferred to the District Court and denied,

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renewal of the application before the Supreme Court, or a Justice thereof, is not favored; the proper

remedy is by appeal to the Supreme Court from the order of the District Court denying the writ.

Section 302. Transfer of Custody Pending Review.

Pending review of a decision in a habeas corpus proceeding commenced before the Court, or a

Justice or Judge for the release of a prisoner, a person having custody of the prisoner shall not

transfer custody to another unless such transfer is directed in accordance with the provisions of

this Section and Court rules. Upon application of a custodian showing a need therefore, the Court,

Justice or Judge rendering a decision may make an order authorizing transfer and providing for

the substitution of the successor custodian as a party.

Section 303. Detention Or Release Pending Review of Decision Failing To Release.

Pending review of a decision failing or refusing to release a prisoner in such a proceeding, the

prisoner may be detained in the custody from which release is sought, or in other appropriate

custody, or may be released upon his recognizance or admitted to bail as may appear fitting to the

Court or Justice or Judge rendering the decision, or to the Supreme Court en banc.

Section 304. Detention Or Release Pending Review of Decision Ordering Release.

Pending review of a decision ordering the release of a prisoner in such a proceeding, the prisoner

shall be released on his recognizance unless the Court or Justice or Judge rendering the decision,

or the Supreme Court shall otherwise order.

Section 305. Modification of Initial Order Respecting Custody.

An initial order respecting the custody or release of the prisoner and any recognizance taken, shall

govern during review in the Supreme Court, unless for special reasons shown to the Supreme

Court, the order shall be modified, or an independent order respecting custody or release shall be

made.

Sections 306-310 RESERVED.

Section 307. Leave From District Court to Proceed to Supreme Court.

A party to an action in the District Court who desires to proceed on appeal in forma pauperis shall

file in the District Court a motion for leave so to proceed, together with an affidavit showing, in

explicit detail, his inability to pay fees and costs or to give security therefor, his belief that he is

entitled to redress, and a statement of the issues which he intends to present on appeal. If the motion

is granted, the party may proceed without further application to the Supreme Court, and without

prepayment of fees or costs in either Court or the giving of security therefor. If the motion is

denied, the District Court shall state in writing the reasons for the denial.

Section 308. Special Rule For Parties Previously Granted Permission To Proceed In Forma

Pauperis.

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Notwithstanding the provisions of the preceding Section, a party who has been permitted to

proceed in an action in the District Court in forma pauperis, or who has been permitted to proceed

there as one who is financially unable to obtain an adequate defense in a criminal case, or a case

involving the termination of parental rights, may proceed on appeal in forma pauperis without

further authorization unless, before or after the notice of appeal is filed, the District Court shall

certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled

so to proceed, in which event the District Court shall state in writing the reasons for such

certification or finding.

Section 309. Remedy For Denial Of Motion By District Court.

If a motion for leave to proceed on appeal in forma pauperis is denied by the District Court, or if

the District Court shall certify that the appeal is not taken in good faith or shall find that the party

is otherwise not entitled to proceed in forma pauperis, the Clerk shall forthwith serve notice of

such action. A motion for leave so to proceed may then be filed in the Supreme Court, within thirty

(30) days after service of notice of the action of the District Court. The motion shall be

accompanied by a copy of the affidavit filed in the District Court, or by the affidavit prescribed by

Section 308 of this Title if no affidavit has been filed in the District Court, and by a copy of the

statement of reasons given by the District Court for its action.

CHAPTER FOUR

GENERAL PROVISIONS

Section 401. Filing Papers; Filing By Mail.

Papers required or permitted to be filed in the Supreme Court shall be filed with the Clerk. Filing

may be accomplished by mail addressed to the Clerk, but filing shall not be timely unless the

papers are received by the Clerk within the time fixed for filing, except that briefs and appendices

shall be deemed filed on the day of mailing if First Class U.S. Mail or any more expeditious form

of delivery by mail, excepting special delivery or overnight mail, is utilized. If a motion requests

relief which may be granted by a single Justice, the Justice may permit the motion to be filed with

him, in which event he shall note thereon the date of filing and shall thereafter transmit it to the

Clerk.

Section 402. Service of All Papers Required.

Copies of all papers filed by any party and not required by this Title to be served by the Clerk

shall, at or before the time of filing, be served by that party or person acting for him on all other

parties to the appeal or review. Service on a party represented by counsel shall be made on the

counsel.

Section 403. Manner of Service.

Service may be effected by personal delivery or by mail in any manner allowed by Title 3, Chapter

3, et. seq. (Civil Procedure) for service of motions or briefs. Personal service includes delivery, of

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the copy to a Clerk, secretary, or other responsible person at the office of counsel. Service by mail

is complete upon mailing.

Section 404. Proof of Service.

Papers presented for filing shall contain an acknowledgment of service by the person served or

proof of service in the form of a statement of the date and manner of service and of the name of

the person served, certified by the person who made service. Proof of service may appear on or be

affixed to the papers filed. The Clerk may permit papers to be filed without acknowledgment or

proof of service but shall require such to be filed promptly thereafter.

Section 405. Computation of Time.

In computing any period of time prescribed or allowed by this Title, by order of the Court, or by

any applicable statute, the day of the act, event, or default from which the designated period of

time begins to run shall not be included. The last day of the period so computed shall be included,

unless it is a Saturday, a Sunday or a legal holiday, or any other day when the office of the Clerk

of the Court does not remain open for a full business day in which event the period runs until the

end of the next day which is not a Saturday, a Sunday or a legal holiday or any other day when the

office of the Clerk of the Court does not remain open for public business for a full business day.

When the period of time prescribed or allowed is less than or equal to eleven (11) days,

intermediate Saturdays, Sundays, and legal holidays or any other day when the office of the Clerk

of the Court does not remain open for a full business day shall be excluded in the computation. As

used in this Section and in the provisions relating to the Court, “legal holiday” includes any day

appointed as a holiday by the President or the Congress of the United States, or by the Board of

Directors.

Section 406. Enlargement of Time.

The Court for good cause shown may upon motion enlarge the time prescribed by this Title or

Court rule or by its order for doing any act, or may permit an act to be done after the expiration of

such time; but the Supreme Court may not enlarge the time for filing a notice of appeal.

Section 407. Additional Time After Service By Mail.

Whenever a party is required or permitted to do an act within a prescribed period after service of

a paper upon him and that paper is served by mail, three (3) days shall be added to the prescribed

period.

SUBCHAPTER A

MOTIONS AND BRIEFS

Sections 408-410 RESERVED.

Section 411. Content, Response, and Reply to Motions.

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Unless another form is elsewhere prescribed by this Title, an application for an order or other relief

shall be made by filing a motion for such order or relief with proof of service on all other parties.

The motion shall contain or be accompanied by any matter required by a specific provision of this

Title governing such a motion, shall state with particularity the grounds on which it is based, and

shall set forth the order or relief sought. If a motion is supported by briefs, affidavits, or other

papers, they shall be served and filed with the motion. Any party may file a response in opposition

to a motion other than one for a procedural order within seven (7) days after service of the motion,

but motions authorized by Section 107, 108, and 469 may be acted upon after reasonable notice,

and the Court may shorten or extend the time for responding to any motion.

Section 412. Determination of Motions for Procedural Orders.

Notwithstanding the provisions of Section 411 of this Title as to motions generally, motions for

procedural orders, including any motion under Section 406, may be acted upon at any time, without

awaiting a response thereto, and pursuant to rule or order of the Court, motions for specified types

of procedural orders may be disposed of by the Clerk. Any party adversely affected by such action

may by application to the Court request consideration, vacation or modification of such action.

Section 413. Power of a Single Justice to Entertain Motions.

In addition to the authority expressly conferred by this Title or by other applicable law, a single

Justice of the Supreme Court may entertain and may grant or deny any request for relief, which

under this Title may properly be sought by motion, except that a single Justice may not dismiss or

otherwise determine an appeal or other proceeding. The Supreme Court may provide by order or

rule that any motion or class of motions must be acted upon by the Court. The action of a single

Justice may be reviewed by the Court as a whole.

Section 414. Form of Papers; Number of Copies.

All papers relating to motions must be typewritten. Five (5) copies shall be filed with the original,

but the Court may require that additional copies be furnished.

Section 415. Brief of Appellant.

The brief of the appellant shall contain under appropriate headings and in the order here indicated:

(a) A cover page as described in Section 429;

(b) A table of contents, with page references, and a table of cases (alphabetically arranged),

statutes and other authorities cited, with reference to the pages of the brief where they are cited.

(d) A statement of the case. The statement shall first indicate briefly the nature of the case,

the course of proceedings, and its disposition in the Court below. There shall follow a statement

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of the facts relevant to the issues presented for review, with appropriate references to the record

(see Section 419).

(e) An argument. The argument may be preceded by a summary. The argument shall

contain the contentions of the appellant with respect to the issues presented, and the reasons

therefor, with citations to the authorities, statutes and parts of the record relied on.

(f) A short conclusion stating the precise relief sought.

Section 416. Brief of Appellee.

The brief of the appellee shall conform to the requirements of Section 415, except that a statement

of the issues or of the case need not be made unless the appellee is dissatisfied with the statement

of the appellant.

Section 417. Reply Brief.

The appellant may file a brief in reply to the brief of the appellee, and if the appellee has crossappealed, the appellee may file a brief in reply to the response of the appellant to the issues

presented by the cross appeal. No further briefs may be filed except with leave of Court.

Section 418. References in Briefs to Parties.

Counsel will be expected in their briefs and oral arguments to keep to a minimum references to

parties by such designations as "appellant" and "appellee." It promotes clarity to use the

designations used in the lower Court or the actual names of the parties, or descriptive terms such

as "the employee," "the injured person," "the taxpayer," "the care," or the names of the parties.

Section 419. References in Briefs to the Record and Statutes.

(a) References in the briefs to parts of the record reproduced in any appendix filed with the

brief of the appellant shall be to the pages of the appendix at which those parts appear and to the

pages in the original record. If an appendix is prepared after the briefs are filed, references in the

briefs to the record shall be made to the original record. Intelligible abbreviations may be used. If

reference is made to evidence the admissibility of which is in controversy, reference shall be made

to the pages of the record or of the transcript at which the evidence was identified, offered, and

received or rejected.

(b) If determination of the issues presented requires the study of statues, rules, regulations,

or similar material or relevant parts thereof, they shall be reproduced in the brief or in an addendum

at the end, or they may be supplied to the Court in pamphlet form.

Section 420. Length of Briefs.

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Except by permission of the Court, principal briefs shall not exceed fifty (50) pages, and reply

briefs shall not exceed twenty-five (25) pages, exclusive of pages containing the table of contents,

tables of citations and any addendum containing statutes, rules, regulations, and similar material.

Section 421. Briefs in Cases Involving Cross Appeals.

If a cross appeal is filed, the plaintiff in the District Court proceedings shall be deemed the

appellant for the purposes of this Chapter and Sections 426, 427, and 428, unless the parties

otherwise agree or the Court otherwise orders. The brief of the appellee shall contain the issues

and argument involved in his appeal as well as the answer to the brief of the appellant.

Section 422. Briefs in Cases Involving Multiple Appellants or Appellees.

In cases involving more than one appellant or appellee, including cases consolidated for purposes

of the appeal, any number of either may join in a single brief, and any appellant or appellee may

adopt by reference any part of the brief of another. Parties may similarly join in reply briefs.

Section 423. Citation of Supplemental Authorities.

When pertinent and significant authorities come to the attention of a party after his brief has been

filed, or after oral argument but before decision, a party may promptly advise the Clerk of the

Court, by letter, with a copy to all counsel, setting forth the citations. There shall be a reference

either to the page of the brief or to a point argued orally to which the citations pertain, but the letter

shall without argument state the reasons for the supplemental citations. Any response shall be

made promptly and shall be similarly limited.

Section 424. Brief of an Amicus Curiae.

A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or

by leave of Court granted on motion or at the request of the Court, except that consent or leave

shall not be required when the brief is presented by the Nation, the United States or an officer or

agency thereof, or by another Indian Tribe or a State, Territory or Commonwealth. The brief may

be conditionally filed with the motion for leave. A motion for leave shall identify the interest of

the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Except as all

parties otherwise consent, any amicus curiae shall file its brief within the time allowed. The party

whose position as to affirmance or reversal the amicus brief will support, unless the Court for good

cause shown, grants leave for later filing, in which event it shall specify within what period an

opposing party may answer. A motion of an amicus curiae, other than the Nation, to participate in

the oral argument will be granted only for extraordinary reasons, or on the Court's own motion. A

motion of the Nation to present oral argument as amicus curiae shall be granted unless

extraordinary reasons appear for refusing to grant such a motion.

Section 425. Appendix to the Briefs.

Whenever the record on appeal or the transcript is particularly voluminous, the Court may order

the appellant to prepare, with notice and consultation by the appellee, an appendix to the briefs,

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which shall contain the papers, documents, and portions of the transcript necessary to the

determination of the issues presented on appeal. The preparation of an appendix does not prevent

further referrals to the original record by any party or the Court. A party may append pertinent

parts of the record to his brief when such is necessary for a clear presentation of the issues raised

on appeal.

Section 426. Time for Filing and Service of Briefs.

The appellant shall serve and file his brief within twenty (20) days after the date on which the

completed record is received and filed in the Supreme Court. The appellee shall serve and file his

brief within twenty (20) days after service of the brief of the appellant. The appellant may serve

and file a reply brief within fourteen (14) days after service of the brief of the appellee, but, except

for good cause shown, a reply brief must be filed at least three (3) days before argument.

Section 427. Number of Copies to Be Filed and Served.

Five (5) copies of each brief shall be filed with the Clerk in addition to the original, unless the

Court by order directs a lesser or greater number, and two (2) copies shall be served on counsel

for each party separately represented.

Section 428. Consequence of Failure to File Briefs.

If an appellant fails to file his brief within the time provided by this Title, or within the time as

extended, an appellee may move for dismissal of the appeal. If an appellee fails to file his brief, he

will not be heard at oral argument except by permission of the Court.

Section 429. Form of Briefs, the Appendix and Other Papers.

(a) Briefs and appendices may be produced by standard typographic printing or by any

duplicating or copying process which produces a clear black image on white paper, including

legible photocopies. All printed matter must appear in at least 11 point Roman type on opaque,

unglazed paper. Briefs and appendices shall be bound in volumes having pages not exceeding 8 ½

by 11 inches. The text fields in briefs shall not exceed 6 ½ by 9 ½ inches, with double spacing

between each line of text, except that quoted matter may be single spaced. The text of footnotes

shall be the same size and typeface as the body text. Appendices shall contain tabbed dividers

between exhibits. If appended materials are less than one-hundred (100) pages, they may bound in

a single document with the brief; otherwise, a separate appendix must be filed. Copies of the

reporter's transcript and other papers reproduced in a manner authorized by this Section may be

inserted in the appendix; such pages may be informally re-numbered if necessary.

(b) If briefs are produced by commercial printing or duplicating firms, or, if produced

otherwise and the covers to be described are available, the cover of the brief of the appellant should

be blue; that of the appellee, red; that of a intervenor or amicus curiae, green; that of any reply

brief, gray. The cover of the appendix, if separately printed, should be white. The front covers of

the briefs and of appendices shall contain:

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(1) the name of the Court and the number of the case;

(2) the title of the case;

(3) the nature of the proceedings in the Court (e.g., Appeal; Petition for Review)

and the name of the Court below;

(4) the title of the document (e.g., Brief for Appellant, Appendix); and

(5) the names, addresses, and telephone number of counsel representing the party

on whose behalf the document is filed.

Section 430. Form of Other Papers.

(a) Petitions for rehearing shall be produced in a manner prescribed by Section 429.

(b) Motions and other papers may be produced in a like manner, or they must be typewritten

upon opaque, unglazed paper 8 ½ by 11 inches in size. Lines of typewritten text shall be doublespaced. Consecutive sheets shall be attached at the left margin.

name of the Court, the title of the case, the file number, and a brief descriptive title indicating the

purpose of the paper.

SUBCHAPTER B

ARGUMENT

Sections 431-440 RESERVED.

Section 441. Pre-hearing Conference.

The Court may direct the attorneys for the parties to appear before the Court or a Justice thereof

for a pre-hearing conference to consider the simplification of the issues and such other matters as

may aid in the disposition of the proceeding by the Court. The Court or Justice shall make an order

which recites the action taken at the conference and the agreements made by the parties as to any

of the matters considered and which limits the issues to those not disposed of by admissions or

agreements of counsel, and such order when entered controls the subsequent course of the

proceeding, unless modified to prevent manifest injustice.

Section 442. Oral Argument in General.

Oral argument shall be allowed in all cases unless the Court, after examination of the briefs and

record, shall be unanimously of the opinion that oral argument is not needed. In such cases, the

Court shall notify the parties of its intention to proceed without oral argument, and shall provide

any party with an opportunity to file a statement setting forth the reasons why, in his opinion, oral

argument should be heard. Oral argument will be allowed upon request unless the Court

unanimously determines:

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(a) the appeal is frivolous; or

(b) the dispositive issue or set of issues has been recently authoritatively decided; or

decisional process would not be significantly aided by oral argument.

Section 443. Notice of Argument; Postponement.

The Clerk shall advise all parties whether oral argument is to be heard, and if so, of the time and

place therefor, and the time to be allowed each side. A request for postponement of the argument

or for allowance of additional time must be made by motion filed reasonably in advance of the

date fixed for hearing.

Section 444. Order and Content of Argument.

The appellant is entitled to open and conclude the argument. The opening argument shall include

a fair statement of the case. Counsel will not be permitted to read at length from briefs, records or

authorities.

Section 445. Cross and Separate Appeals.

A cross or separate appeal shall be argued with the initial appeal at a single argument, unless the

Court otherwise directs. If a case involves a cross-appeal, the plaintiff in the District Court

proceedings shall be deemed-the appellant for the purpose of this Subchapter unless the parties

otherwise agree or the Court otherwise directs. If separate appellants support the same argument,

care shall be taken to avoid duplication of argument.

Section 446. Non-Appearance of Parties.

If the appellee fails to appear to present argument, the Court will hear argument on behalf of the

appellant, if present. If the appellant fails to appear, the Court may hear argument on behalf of the

appellee, if present. If neither party appears, the case will be decided on the briefs unless the Court

shall otherwise order.

Section 447. Submission on the Briefs.

By agreement of the parties, a case may be submitted for decision on the briefs, but the Court may

direct that the case be argued.

Section 448. Use of Physical Exhibits at Argument; Removal.

If physical exhibits other than documents are to be used at the argument, counsel shall arrange to

have them placed in the courtroom before the Court convenes on the date of the argument. After

the argument counsel shall cause the exhibits to be removed from the courtroom unless the Court

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otherwise directs. If exhibits are not reclaimed by counsel within a reasonable time after notice is

given by the Clerk, they shall be destroyed or otherwise disposed of as the Clerk shall think best.

Section 449. When Hearing or Rehearing En Banc Will Be Ordered.

A majority of the Justices of the Court who are in regular active service may order that any motion

or other proceeding be heard or reheard by the Supreme Court en banc. Such hearing or rehearing

is not favored and ordinarily will not be ordered except:

(a) when consideration by the full Court is necessary to secure or maintain uniformity of

its decision, or

(b) when the proceedings involves a question of exceptional importance.

Section 450. Suggestion of a Party for Hearing or Rehearing En Banc.

A party may suggest the appropriateness of a hearing or rehearing en banc. No response shall be

filed unless the Court shall so order. The Clerk shall transmit any such suggestion to the Justices

of the Court who are in regular active service but a vote need not be taken to determine whether

the cause shall be heard or reheard en banc unless a Justice in regular active service or the Justice

who rendered a decision sought to be reheard requests a vote on such a suggestion made by a party.

Section 451. Time for Suggestion of a Party for Hearing or Rehearing En Banc; Suggestion

Does Not Stay Mandate.

If a party desires to suggest that a motion or proceeding be heard initially en banc, the suggestion

must be made by the date on which the appellee's brief is filed. A suggestion for rehearing a motion

en banc must be made within ten (10) days after notice of the decision of the Justice initially

hearing the motion. The pendency of such a suggestion whether or not included in a petition for

hearing shall not affect the finality of the judgment of the Supreme Court or stay the issuance of

the mandate.

SUBCHAPTER C

JUDGMENT

Sections 452-460 RESERVED.

Section 461. Entry of Judgment.

The notation of a judgment in the docket constitutes entry of the judgment. The Clerk shall prepare,

sign and enter the judgment following receipt of the opinion of the Court unless the opinion directs

settlement of the form of the judgment, in which event the Clerk shall prepare, sign and enter the

judgment following final settlement by the Court. If a judgment is rendered without an opinion,

the Clerk shall prepare, sign and enter the judgment following instruction from the Court. The

Clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or of

the judgment if no opinion was written, and notice of the date of entry of the judgment.

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Section 462. Interest on Judgments.

Unless otherwise provided by law, if a judgment for money in a civil case is affirmed, whatever

interest is allowed by law shall be payable from the date the judgment was entered in the District

Court. If a judgment is modified or reversed with a direction that a judgment for money be entered

in the District Court, the mandate shall contain instruction with respect to allowance of interest.

Section 463. Damages for Delay.

If the Supreme Court shall determine that an appeal is frivolous, it may award just damages and

single or double costs to the appellee.

Section 464. To Whom Costs Allowed.

Except as otherwise provided by law, if an appeal is dismissed, costs shall be taxed against the

appellant unless otherwise agreed by the parties or ordered by the Court; if a judgment is affirmed,

costs shall be taxed against the appellant unless otherwise ordered; if a judgment is reversed, costs

shall be taxed against the appellee unless otherwise ordered; if a judgment is affirmed or reversed

in part, or is vacated, costs shall be allowed only as ordered by the Court.

Section 465. Costs For Or Against the Nation.

In cases involving the Nation or an agency or officer thereof, if an award of costs against or for

the Nation is authorized by applicable law, costs shall be awarded in accordance with the

provisions of Section 464 of this Title. Otherwise, costs shall not be awarded against the Nation

or its agencies or officers in their official capacity, provided that costs shall be awarded as a matter

of course against a criminal defendant when the conviction is affirmed.

Section 466. Costs of Briefs, Appendices, and Copies of Records.

Unless otherwise provided by applicable law or Court rule, the costs of printing, or otherwise

producing necessary copies of briefs, appendices, and copies or records shall be taxable in the

Supreme Court at rates not higher than those generally charged for such work within the Nation.

Section 467. Bill Of Costs; Objections; Costs Inserted In Mandate Or Added Later.

A party who desires costs to be taxed shall state them in an itemized and verified bill of costs,

which he shall file with the Clerk, with proof of service, within fourteen (14) days after the entry

of judgment. Objections to the bill of costs must be filed within ten (10) days of service on the

party against whom costs are to be taxed unless the time is extended by the Court. The Clerk shall

prepare and certify an itemized statement of costs taxed in the Supreme Court for insertion in the

mandate, but the issuance of the mandate shall not be delayed for taxation of costs and if the

mandate has been issued before final determination of costs, the statement, or any amendment

thereof, shall be added to the mandate upon request by the Clerk of the Supreme Court to the Clerk

of the District Court.

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Section 468. Cost On Appeal Taxable in the District Court.

Costs incurred in preparation and transmission of the record, the costs of the reporter's transcript,

if necessary for the determination of the appeal, the premiums paid for cost of supersedeas bonds

or other bonds to preserve rights pending appeal, and the fee for filing the notice of appeal shall

be taxed in the District Court as costs of the appeal in favor of the party entitled to costs under this

Title.

Section 469. Petition For Re-hearing.

(a) Time for Filing, Content, Answer, Action By Court. A petition for re-hearing may be

filed within fourteen (14) days after entry of judgment unless the time is shortened or enlarged by

order of the Court. The petition shall state with particularly the points of law or fact which in the

opinion of the petitioner the Court has overlooked or misapprehended and shall contain such

argument in support of the petition as the petitioner desires to present. Oral argument in support

of the petition will not be permitted except upon the Court's own motion. No answer to a petition

for rehearing will be received unless requested by the Court, but a petition for rehearing will

ordinarily not be granted in the absence of such a request. If a petition for rehearing is granted, the

Court may make a final disposition of the cause without re-argument or may restore it to the

calendar for re-argument or re-submission or may make such other orders as are deemed

appropriate under the circumstances of the particular case.

(b) Form Of Petition; Length. The petition shall be in a form prescribed by Section 429,

and copies shall be served and filed as prescribed by Section 427 for the service and filing of briefs.

Except by permission of the Court, a petition for rehearing shall not exceed fifteen (15) pages.

Section 470. Issuance of Mandate.

The mandate of the Court shall issue twenty-one (21) days after the entry of judgment unless the

time is shortened or enlarged by order. A certified copy of the judgment and a copy of the opinion

of the Court, if any, and any direction as to costs shall constitute the mandate, unless the Court

directs that a formal mandate issue. The timely filing of a petition for rehearing will stay the

mandate until disposition of the petition unless otherwise ordered by the Court. If the petition is

denied, the mandate shall issue seven (7) days after entry of the order denying the petition unless

the time is shortened or enlarged by order.

Section 471. Voluntary Dismissal.

(a) Dismissal In The District Court. If an appeal has not been docketed, the appeal may be

dismissed by the District Court upon the filing in that Court of a stipulation for dismissal signed

by all the parties, or upon motion and notice by the appellant.

(b) Dismissal In The Supreme Court. If the parties to an appeal or other proceeding shall

sign and file with the Clerk of the Supreme Court an agreement that the proceeding be dismissed,

specifying the terms as to payment of costs, and shall pay whatever fees are due, the Clerk shall

Title 1 - Page 29

enter the case dismissed, but no mandate or other process shall issue without an order of the Court.

An appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon

by the parties or fixed by the Court.

Section 472. Substitution of Parties.

(a) Death of a Party. If a party dies after a notice of appeal is filed or while a proceeding is

otherwise pending in the Supreme Court, the personal representative of the deceased party may be

substituted as a party on motion filed by the representative or by any party with the Clerk of the

Court. The motion of a party shall be served upon the representative in accordance with the

provisions of Sections 402, 403, and 404. If the deceased party has no representative, any party

may suggest the death on the record and proceedings shall then be had as the Supreme Court may

direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in

the District Court but before a notice of appeal is filed, an appellant may proceed as if death had

not occurred. After the notice of appeal is filed, substitution shall be effected in the Supreme Court

in accordance with this Section. If a party entitled to appeal shall die before filing a notice of

appeal, the notice of appeal may be filed by his attorney of record within the time prescribed by

this Title. After the notice of appeal is filed, substitution shall be effected in the Supreme Court in

accordance with this Section.

(b) Substitution For Other Causes. If substitution of a party in the Supreme Court is

necessary for any reason other than death, substitution shall be effected in accordance with the

procedure prescribed in Subsection (a).

(1) When a public officer is a party to an appeal or other proceeding in the Supreme

Court in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold

office, the action does not abate and his successor is automatically substituted as a party.

Proceedings following the substitution shall be in the name of the substituted party, but any

misnomer not affecting the substantial rights of the parties shall be disregarded. An order of

substitution may be entered at any time, but the omission to enter such an order shall not affect the

substitution.

(2) When a public officer is a party to an appeal or other proceeding in his official

capacity he may be described as a party by his official title rather than by name; but the Court may

require that his name be added.

Section 473. Cases Involving Constitutional or Indian Civil Rights Act Questions Where the

Nation Is Not A Party.

It shall be the duty of a party who draws in question the constitutionality (or unlawfulness under

the Indian Civil Rights Act of 1968) of any law of the Nation or action of the Board of Directors

in any proceeding in the Supreme Court to which the Nation, or any agency, officer, or employee

thereof in their official capacity is not a party, upon the filing of the record, or as soon thereafter

as the question is raised in the Supreme Court, to give immediate notice in writing to the Court of

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the existence of said question. The Clerk shall thereupon certify such fact to the Attorney General

who may intervene upon such question upon motion.

ATTORNEY RULES

Rule 101. Admission to the Bar.

(a) Roll of Attorney. The Bar of this Court shall consist of those attorneys heretofore and

those hereafter admitted to practice before this Court, who have taken the oath prescribed by the

rules in force at the time they were admitted or the oath prescribed by this rule, and have signed

the roll of attorneys of this Court.

(b) Procedure for Admission. Every applicant for admission shall file with the Clerk, on a

form prescribed by the Court, a written petition for admission, which shall be referred immediately

to the Judge for investigation into the qualifications of the applicant and his fitness to be admitted

to the Bar of this Court. Upon an order of the Judge, filed with the Clerk, the applicant, if an

attorney, may be admitted. An applicant for admission, who has qualified for admission, may,

upon request, be admitted upon order of the Court after having filed his oath of attorney without

appearing in Court.

(1) Any applicant for admission, who has qualified for admission, may appear at

any session of Court during its term and be admitted by taking the oath of attorney in open Court

upon motion of any member of the Bar of this Court.

(2) Individual Justices may, from time to time, in emergency situations upon special

request, admit individual attorneys who have been approved by the Judge. Before being admitted

as a member of the Bar of this Court, each applicant shall take and subscribe to the oath of attorney

provided herein.

(1) Any member in good standing of the Bar of the Supreme Court of the United

States, or of any United States Court of Appeals, or of any District Court of the United States, or

any person appointed as Supreme Court Justice or District Court Judge, or a member in good

standing of the Bar of the highest court of any Indian Tribe or State of the United States, is eligible

for admission to the Bar of this Court.

(d) Reciprocity. Any attorney who shall have been admitted to practice in any Federal

Court within the State of Oklahoma may be admitted to practice in this Court upon the motion of

a member of the Bar, in open Court, and the filing of a written application.

(e) Attorneys for the United States. Attorneys who are employed or retained by the United

States or its agencies may practice in this Court in all cases or proceedings in which they represent

the United States or such agencies.

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(f) Admission of Non-Resident Attorney for Limited Practice. Any member of the Bar of

the Supreme Court of the United States, or of any United States Court of Appeals, or of any District

Court of the United States, or of the highest Court of any Indian Tribe or State of the United States,

who is a non-resident of the State of Oklahoma, may be admitted to the Bar of this Court for limited

practice upon oral application and without compliance with Subsection (b) hereof. Limited practice

shall be restricted to appearance and practice in a case or proceeding then on file in the court.

(g) Temporary Admission. Any attorney who appears eligible for admission to the Bar of

this Court may in the discretion of a District Judge or Justice of this Court be granted temporary

admission to practice in a pending case.

(h) Withdrawal from Case. In any action, wherein appearance is made through counsel,

there shall be no withdrawal by counsel except by leave of Court upon reasonable notice to the

client and all other parties who have appeared in the case. Withdrawal of counsel may be granted

subject to the condition that subsequent papers may continue to be served upon the counsel for

forwarding purposes or upon the Clerk of the Court, as the Court may direct, unless and until the

client appears by other counsel or in propria persona, and any notice to the client shall so state and

any filed consent of the client shall so acknowledge.

(i) Discipline. Any member of the Bar of this Court guilty of a violation of the prescribed

oath of office, or of a violation of the disciplinary rules set forth in the Code of Professional

responsibility of the American Bar Association, or of any conduct unbecoming a member of the

Bar of this Court, shall be subject to reprimand, suspension, disbarment, or such other disciplinary

action as the Court deems appropriate.

(j) Summary Discipline. For misconduct in the presence of the Court, an order may issue

forthwith administering such discipline as the Court deems appropriate, including a fine not to

exceed Five Hundred Dollars ($500.00) or confinement not to exceed ten (10) days, but summary

discipline shall not include the right of the Court to suspend or disbar the offending attorney from

practicing in this Court. An attorney summarily disciplined as herein provided may appeal any

punishment imposed hereunder to the Supreme Court, or if summary discipline is administered by

a Justice, to the remaining Justices of the Court sitting en banc. The Justice or Judge administering

the discipline shall not sit in the hearing of such an appeal. In order to allow such an appeal the

discipline imposed will, upon request of the attorney, and by his posting a supersedeas bond in a

reasonable amount to be fixed by the Court, be stayed for seven (7) days to allow such attorney to

perfect an appeal. If no written appeal be filed within said seven (7) days, the punishment so

imposed shall be forthwith administered unless in the interim the Judge or Justice imposing same

has rescinded or modified his original action. Nothing herein provided is intended to preclude the

right to the disciplined attorney to appeal directly to the Supreme Court.

(k) Conviction; Discipline in Other Court. Any member of the Bar of this Court convicted

in either Federal, State, or District Court of a felony or other crime punishable by banishment or

involving moral turpitude, and any member disbarred or suspended from practice in any Court of

competent jurisdiction, shall be suspended automatically from practice in this Court and may be

reinstated only on written application showing cause why he should be reinstated, excepting

however that in the event the discipline imposed in the other jurisdiction has been stayed, the

Title 1 - Page 32

discipline imposed in this Court shall likewise be deferred until such stay expires in the other

jurisdiction. And provided further however, that in the event a member of the Bar of this Court is

disciplined in some other jurisdiction and this Court determines upon the face of the record upon

which the discipline in another jurisdiction in predicated it clearly appears:

(1) that the procedure was so lacking in notice or opportunity to be heard as to

constitute a deprivation of due process; or

(2) that there was such a infirmity of proof establishing the misconduct as to give

rise to the clear conviction that the Court could not, consistent with its duty, accept as final the

conclusion on that subject; or

injustice; or

(3) that the imposition of the same discipline by the Court would result in grave

(4) that the misconduct established is deemed by the Court to warrant substantially

different discipline,

then and in either of such events said attorney shall not be automatically similarly disciplined in

this Court.

(l) An attorney of this Bar who is under investigation for misconduct, or who is facing

disbarment proceedings in any Court of competent jurisdiction, who resigns from the Bar of the

investigating jurisdiction, or who voluntarily permits his license to practice therein to terminate,

shall be, by this Court, deemed to have been disbarred in the other jurisdiction and shall forthwith

be disbarred from practicing in this Court.

(m) Disciplinary Procedure. Proceedings to discipline a member of the Bar of this Court,

except as set forth in paragraphs (j) and (k) hereof, shall be upon an order to show cause issued by

the Court, reciting the charges and fixing notice of the date of hearing (which shall not be less than

thirty (30) days from the date of the notice), and reciting the place of the hearing and such hearing

procedures as may be reasonable and consistent with due process. Notice to the attorney shall be

made by personal service or by registered or certified mail, addressed to the respondent-attorney

at his last known address. Any attorney disbarred or suspended pursuant to these rules may apply

to the Court for leave to petition for reinstatement.

Rule 102. Appearance and Withdrawal of Counsel.

(a) Appearance. Any attorney appearing for a defendant in a civil or criminal case shall

enter his appearance by signing and filing a pleading or by entry of appearance on a form

prescribed by the Clerk of this Court. In the event a plaintiff should change counsel or add

additional counsel, the new or additional counsel for such plaintiff shall enter his appearance by

pleading or on a form to be provided by the Clerk for that purpose. Pursuant to Rule 101(h),

Counsel of record in any case shall be permitted to withdraw only by order of the Court.

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(b) Certificate of Familiarity With Local Court Rules. Every person, upon entering an

appearance in any case of proceeding in this Court, or upon first tendering for filing any pleading

or paper therein, shall be required to certify that such person has received, read and is familiar with

the current Rules of this Court, specifically including all of the most recent published amendments

to them.

(1) Such certification shall be required before any such entry of appearance,

pleading or paper shall be filed by the clerk, provided however, for good cause shown, the Clerk

may in his discretion receive and file any such matter on condition that the required certificate be

filed within ten (10) days thereafter, failing in which the matter so filed shall be stricken.

(2) The same certification shall also be required of every other person thereafter

participating in such cause or proceeding.

(3) The Clerk shall keep a master file of all such certificates. Once a person has so

certified his familiarity, he shall not be required to do so in subsequent cases unless required by

order of the Court. A Judge may authorize the Clerk to waive the requirement as to certain persons

or categories of persons when such will best serve the administration of justice.

Rule 103. Courtroom Decorum.

(a) The Canon of Professional Ethics were adopted by the American Bar Association and

this Court as a general guide, because as stated in the preamble of the American Bar Association

Canons, "No code or set of rules can be framed, which will particularize all the duties of the lawyer

in the varying phases of litigation or in all the relations of professional life." The preamble further

admonishes that "the enumeration of particular duties should not be construed as a denial of the

existence of others equally imperative, though not specifically mentioned." In that spirit, all

attorneys should become familiar with their duties and obligations as defined and classified

generally in the Canons, the common law decisions, the statutes and the usage's, customs, and

practice of the bar of this Court. These Canons, and the statutes and common law of the Nation

relating to attorney conduct, are applicable to all attorneys and pro se litigants who practice before

this Court.

(b) The purpose of this rule is to emphasize, not to supplant, certain portions of those ethical

principles applicable to the attorney's conduct in the courtroom. In addition to all other

requirements, therefore, attorneys appearing in this Court shall:

(1) Be punctual in attendance at Court.

(2) Refrain from addressing one another in Court by their first names.

(3) Refrain from leaving the courtroom while Court is in session, unless it is

absolutely necessary, and then only if the Court's permission has been first obtained.

made.

(4) See that only one of them is on his feet at a time unless an objection is being

Title 1 - Page 34

by the Court.

(5) Refrain from approaching jurors who have completed a case unless authorized

(6) Avoid approaching the bench as much as possible. In this connection, counsel

should try to anticipate questions which will arise during the trial, and take them up with the Court

and opposing counsel in chambers. If however, it becomes necessary for an attorney to confer with

the Court at the bench, the Court's permission should be obtained, and opposing counsel should be

openly invited to accompany him.

(7) Refrain from employing dilatory tactics.

(8) Deliver jury arguments from the lectern placed in a proper position facing the

jury. If it is necessary to argue from an exhibit, the Court will, upon request, grant permission to

do so.

(9) Hand all papers intended for the Court to see to the Bailiff, who, in turn will

pass them up to the Judge.

(10) Hand to the Bailiff, rather than the Court Reporter, any exhibits to be marked

which have not previously been identified.

(11) Advise clients, witnesses, and other interested persons concerning rules of

decorum to be observed in Court.

(12) Stand and use the lectern when interrogating witnesses, unless otherwise

instructed by the Court. However, when interrogating a witness concerning an exhibit the Court

may; upon request, grant permission to approach the witness or the exhibit, as the case may be, for

that purpose.

(13) Never conduct or engage in experiments involving any use of their own

persons or bodies except to illustrate in argument, which has been previously admitted in evidence.

(14) Not conduct a trial when they know, prior thereto, that they will be necessary

witnesses, other than as to merely formal matters such as identification or custody of a document

or the like. If, during the trial, they discover that the ends of justice require their testimony, they

should from that point on, if feasible and not prejudicial to their client's case, leave further conduct

of the trial to other counsel. If circumstances do not permit withdrawal from the conduct of the

trial, attorneys should not argue the credibility of their own testimony.

(15) Avoid disparaging personal remarks or acrimony toward opposing counsel and

remain wholly uninfluenced by any ill-feeling between the respective clients. They should abstain

from any allusion to personal peculiarities and idiosyncrasies of opposing counsel.

(16) Rise when addressing, or being addressed by the Court.

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(17) Refrain from assuming an undignified posture. They should always be attired

in a proper and dignified manner as befits an officer of the Judicial Branch of the Government and

should abstain from any apparel or ornament calculated to attract attention to themselves.

(18) Comply, along with all other persons in the courtroom, with the following:

(A) No tobacco in any form will be permitted at any time.

(B) No propping of feet on tables or chairs will be permitted at any time.

brought into the courtroom, except with permission of the Bailiff.

(D) No gum chewing or reading of newspapers or magazines (except as a

part of the evidence in a case) will be permitted while Court is in session.

is in session.

(E) No talking or other unnecessary noises will be permitted while Court

(F) Everyone must rise when instructed to do so, upon opening, closing, or

declaring recesses of Court.

(G) All attorneys must be suitably attired.

(H) Any attorney who appears in Court intoxicated or under the influence

of intoxicants, drugs or narcotics may be summarily held in contempt.

(I) Use of cellular telephones or similar devices is strictly forbidden unless

leave is granted by the Court. If such a device rings or otherwise generates noise while Court is in

session, the device may be seized by the Bailiff and returned only after the end of the day's session.

Rule 104. Attorney Conference With Respect To Discovery Motions.

With respect to all motions or objections relating to discovery, the District Court shall refuse to

hear any such motion or objection unless counsel for the movant shall first advise the Court in

writing that he has conferred in good faith with opposing counsel, but that, after a sincere attempt

to resolve differences has been made, the attorneys have been unable to reach an accord.

Rule 105. Free Press - Fair Trial.

(a) It is the duty of the attorney or law firm not to release or authorize the release of

information or opinion which a reasonable person would expect to be disseminated by any means

of public communication, in connection with pending or imminent criminal litigation with which

an attorney or a law firm is associated, if there is a reasonable likelihood that such dissemination

will interfere with a fair trial or otherwise prejudice the due administration of justice.

Title 1 - Page 36

(b) With respect to a pending investigation of any criminal matter, an attorney participating

in or associated with the investigation shall refrain from making any extrajudicial statement which

a reasonable person would expect to be disseminated, by any means of public communication, that

goes beyond the public record or that is not necessary to inform the public that the investigation is

underway, to describe the general scope of the investigation, to obtain assistance in the

apprehension of a suspect, to warn the public of any dangers, or otherwise to aid in the

investigation.

complaint in any criminal matter until the commencement of trial or disposition without trial, an

attorney or law firm associated with the prosecution or defense shall not release or authorize the

release of any extrajudicial statement which a reasonable person would expect to be disseminated

by any means of public communication, relating to that matter and concerning:

(1) The prior criminal record (including arrests, indictments, or other charges of

crime), or the character or reputation of the accused, except that the attorney or law firm may make

a factual statement of the accused's name, age, residence, occupation, and family status and, if the

accused has not been apprehended, an attorney associated with the prosecution may release any

information necessary to aid in his apprehension or to warn the public of any dangers he may

present;

(2) The existence or contents of any confession, admission, or statement given by

the accused, or the refusal or failure of the accused to make any statement;

(3) The performance of any examinations or tests or the accused's refusal or failure

to submit to an examination or test;

(4) The identity, testimony, or credibility of prospective witnesses, except that the

attorney or law firm may announce the identity of the victim if the announcement is not otherwise

prohibited by law;

(5) The possibility of a plea of guilty to the offense charged or a lesser offense;

(6) Any opinion as to the accused's guilt or innocence or as to the merits of the case

or the evidence in the case.

(d) The foregoing shall not be construed to preclude the attorney or law firm during this

period, in the proper discharge of his or its official or professional obligations, from announcing

the fact and circumstances of arrest (including time and place of arrest, resistance, pursuit, and use

of weapons), the identity of the investigating and arresting officer or agency, and the length of the

investigation; from making an announcement, at the time of seizure of any physical evidence other

than a confession, admission or statement, which is limited to a description of the evidence seized;

from disclosing the nature, substance, or text of the charge, including a brief description of the

offense charged; from quoting or referring without comment to public records of the Court in the

case; from announcing the scheduling or result of any stage in the judicial process; from requesting

Title 1 - Page 37

assistance in obtaining evidence; or from announcing without further comment that the accused

denies the charges made against him.

(e) During a jury trial on any criminal matter, including the period of selection of the jury,

no attorney or law firm associated with the prosecution or defense shall give or authorize any

extrajudicial statement or interview relating to the trial or the parties or issues in the trial, which a

reasonable person would not expect to be disseminated by means of public communication if there

is a reasonable likelihood that such dissemination will interfere with a fair trial, except that the

attorney or law firm may quote from or refer without comment to public records of the Court in

the case.

(f) Nothing in this Rule is intended to preclude the formulation or application of more

restrictive rules relating to the release of information about juvenile or other offenders, to preclude

the holding of hearings or the lawful issuance of reports by legislative, administrative, or

investigative bodies, or to preclude any attorney from replying to charges of misconduct that are

publicly made against him.

(g) All Court supporting personnel, including among others, Wyandotte Nation Police

Officers and Bureau of Indian Affairs Police and their deputies, marshals, deputy marshals, court

clerks, deputy court clerks, bailiffs, court reporters and employees or subcontractors retained by

the court-appointed official reporters, are hereby prohibited from disclosing to any person, without

authorization by the Court, information relating to a pending criminal case that is not a part of the

public records of the Court. Such personnel are also forbidden from divulging information

concerning in camera arguments and hearings held in chambers or otherwise outside the presence

of the public.

(h) In a widely publicized or sensational civil or criminal case, the Court, on motion of

either party or on its own motion, may issue a special order governing such matters as extrajudicial

statements by parties and witnesses likely to interfere with the rights of the accused to a fair trial

by an impartial jury, the seating and conduct in the courtroom of spectators and news media

representatives, the management and sequestration of jurors and witnesses, and any other matters

which the Court may deem appropriate for inclusion in such an order. Such a special order may be

addressed to some or all of the following subjects:

(1) A proscription of extrajudicial statements by participants in the trial (including

attorneys, parties, witnesses, jurors and court officials) which might divulge prejudicial matter not

of public record in the case.

(2) Specific directives regarding the clearing of entrances to and hallways in the

courthouse and respecting the management of the jury and witnesses during the course of the trial,

to avoid their mingling with or being in the proximity of reporters, photographers, parties,

attorneys and others, both in entering and leaving the courtroom or courthouse and during recesses

in the trial.

(3) A specific direction that the jurors refrain from reading, listening to, or watching

news reports concerning the case, and that they similarly refrain from discussing the case with

Title 1 - Page 38

anyone during the trial and from communicating with others in any manner during their

deliberations.

(4) Sequestration of the jury on motion of either party or by the Court, without

disclosure of the identity of the movant.

(5) Direction that the names and addresses of jurors or prospective jurors not be

publicly released except as required by the District Court, and that no photograph be taken or

sketch made of any juror within the environs of the Court.

(6) Insulation of witnesses during the trial.

(7) Specific provisions regarding the seating of spectators and representatives of

news media, including:

(A) An order that no member of the public or news media representative be

at any time permitted within the bar railing.

(B) The allocation of seats to news media representatives in cases where

there are an excess of requests, taking into account any pooling arrangement that may have been

agreed to among the newsmen.

(i) The taking of photographs and operation of electronic devices for the purpose of

recording in the courtroom or its environs and radio or television broadcasting from the courtroom

or its environs during the progress of or in connection with judicial proceedings, including

proceedings before a District Judge, whether or not Court is actually in session, is prohibited. A

Judge may, however, permit

(1) the use of electronic or photographic means for the presentation of evidence or

the perpetuation of a record,

(2) the broadcasting, television, recording, or photographing of investigative,

ceremonial, or similar proceedings, and

(3) the use of electronic or photographic equipment including recording apparatus

by officers or employees of the Nation in the regular course of their business within their normal

area of operation within the Courthouse when such will not interfere with the trial of the case.

(j) As used in this Rule the term "environs" means any place in or near the District

Courtroom, or within the building in which the District Courtroom is situated.

Rule 106. Plan of the District Court for the Representation of Indigent Defendant.

(a) For Whom Appointed. As designated and provided by the District Court for criminal

defendants, and parents, and children in child custody actions when such persons are found to be

Title 1 - Page 39

financially unable to obtain adequate representation, and free representation is available, or when

the Court has adequate funds, not otherwise obligated, to pay for such representation.

(b) Appointment Panel. Private attorneys will be appointed by the Judges of this Court.

Said appointments shall be made on a rotational basis, subject to the Court's discretion to make

exceptions due to the nature and complexity of the case, an attorney's experience, and geographical

considerations. Periodically as necessary, the panel will be republished by the Judges of this Court.

If sufficient attorneys volunteer to be placed on this panel to satisfy the

needs of the Court for representation of indigent persons and children, other attorneys may be

excused from service on the panel, provided, that the Court may still request the assistance of such

attorneys if necessary or useful to the Court.

the Nation’s Board of Directors.

(d) Claims. Standard forms shall be used throughout and claims for legal compensation

and expenses and for services other than counsel shall be submitted within forty-five (45) days

after services are completed.

(e) Obligation of Court-Appointed Counsel to Disclose Client's Assets. If at any time after

appointment, counsel obtains information that a client is financially able to make payment, in

whole or in part, for legal or other services in connection with his or her representation, and the

source of the attorney's information is not protected as a privileged communication, counsel shall

advise the Court.

(f) Refusal to Represent Indigents. An attorney who neglects or refuses to serve as counsel

for an indigent or child in this Court when duly appointed so to do by a Judge may have his name

removed from the list of those admitted to practice law in this Court, provided, that no attorney

shall be required, without his consent, to represent more than one person each calendar year

without receiving compensation therefore. For good cause shown, the Court may excuse as

attorney from an appointment although such action is not favored. No Government attorney shall

be appointed in any such cases.

(g) Persons Obligated To Refund Court Fund For Attorney Fees Or Pay Attorneys. Every

indigent person, and the parents of every child, for whom a court appointed attorney is obtained,

may be liable to the Nation for all sums paid to their court appointed counsel as fees and expenses

in the action, or all sums which the court, upon motion of appointed counsel, taxes against that

person as the fair costs of such representation at the conclusion of the case, which amount shall

not exceed the amount which the Court would have paid from the court fund or court budget if

funds for payment had been available. This liability may be enforced, by motion filed in the case

by an attorney for a party to the action, the Attorney General, or the Prosecuting Attorney, at any

time after the amount of such attorney’s fees and costs have been set by the Court, and process

may be issued as in civil cases to enforce this liability. All amounts recovered shall be repaid into

the Court fund or Court budget, and if the attorney has not received payment for his fees and costs,

the Clerk of the Court shall forthwith pay over to the attorney such amounts as he is entitled to

pursuant to the order of the Court setting the attorney fees and costs.

Title 1 - Page 40

OATH OF ATTORNEY

I do solemnly swear:

I will support the Constitution of the United States, and the Constitution of the Wyandotte Nation.

I will maintain the respect due to Courts of justice and judicial officers.

I will be bound by the Code of Professional Responsibility of the American Bar Association and

will conduct myself in compliance therewith at all times.

I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor

any defense except such as I believe to be honestly debatable under the law.

I will employ for the purpose of maintaining the causes confided to me such means only as are

consistent with truth and honor, and will never seek to mislead the Judge or jury by any artifice or

false statement of fact or law.

I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no

compensation in connection with a client's business except from the client or with the client's

knowledge and approval.

I will abstain from all offensive personalities, and advance no facts prejudicial to the honor or

reputation of a party or a witness, unless required by the justice of the cause with which I am

charged.

I will never reject, for any consideration personal to myself, the cause of the defenseless or

oppressed, or delay any person's causes for lucre or malice.

So help me God.

Title 1 - Page 41

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.