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[Dates on the bottom right side of the pages of this title refer to October 12, 1997.]

CHAPTER 2-1     RULES OF CIVIL PROCEDURE

2-1-01          RULES OF CIVIL PROCEDURE

The procedure to be followed in the Tribal Court in all matters of a civil nature shall be governed by the rules of civil procedure in the United States district courts. Whenever such rules conflict with specific provisions of this Code, the provisions of this Code are determinative.

2-1-02          RULES OF EVIDENCE IN CIVIL PROCEEDINGS

In trials of a civil nature in the Tribal Court, the admissibility of evidence and the competency and privileges of witnesses shall be determined according to the rules governing evidence in proceedings of the courts of the United States.

2-1-03          COURT DECORUM

During every session of the Tribal Court, all persons present shall conduct themselves in an orderly manner, respectful of the nature of the proceedings and of other persons present. The Tribal Court Judge shall have the power to compel order. The judge may expel unruly persons from the court or punish such persons for contempt.

2-1-04          VERIFICATION OF PLEADINGS

The factual averments of all pleadings filed by a party shall be verified such party, by oath or declaration under penalty of perjury.

2-1-05          SERVICE OF PROCESS

(a) Upon the filing of the complaint, the Tribal Court Administrator/Clerk shall provide a summons to the plaintiff, who shall be responsible for service of the summons and complaint.

(b) Process shall be served by a Tribal Police Officer, or by any person over eighteen years of age and not a party to the proceeding. Service shall be made by delivering a copy of the summons and of the complaint to the party personally, or by leaving copies thereof at such party's residence with a person of suitable age and discretion then residing therein. There shall be a fee for service of process by the Tribal Police for Tribal Court of $10.00, plus other charges as necessary; and a fee for service by the Tribal Police for service of a summons and complaint into state court of $20.00, plus other charges as necessary.

(c) Personal service of summons upon a party outside the Reservation is sufficient to confer upon the Tribal Court personal jurisdiction of the party so served, if:

(1) The service is made by delivering a copy of the summons, together with a copy of the complaint, to such party in the manner provided by this section and Rule 4(d) of the rules of civil procedure in the United States district courts; and

(2) This party has submitted themselves to the jurisdiction of the Tribal Court pursuant to section 1-1-01 or section 1-1-03 of this Code.

(d) The Tribal court Administrator/Clerk is authorized to accept for filing a summons and complaint from another jurisdiction, either state or Tribal, for service within the boundaries of the Reservation, but such service must be accomplished only by the Tribal Police.

2-1-06          FEES; WAIVER

(a) The following fees and other charges as the Tribal Court Administrator/Clerk deems necessary shall be charged and collected by the Tribal Court:

(1) Filing Complaint for Small Claims, $ 20.00;

(2) Filing Answer, $25.00;

(3) Filing Motion to Reconsider, $25.00;

(4) Jury Fees per day of trial, $25.00;

(5) Petition for Divorce, $25.00;

(6) Petition for Name Change, $25.00;

(7) Petition for any other relief, $20.00;

(8) Filing Out of Jurisdiction Summons And Complaint for Service of Progress, $25.00.

(b) Any person who desires to bring or defend a civil action may file an affidavit with the court setting forth with particularity facts concerning their income, property and other resources which establish that they are unable to prosecute or defend the action because of their inability to pay the costs involved. The affidavit shall include a description of the cause of action or defense. If the Tribal Court Judge is satisfied that the person is unable to pay the costs and may have a meritorious cause of action or defense, the judge shall order:

(1) The Tribal Court Administrator/Clerk shall allow the person to commence or defend the action without costs and to file any necessary pleading, process, writ or paper without charge; and

(2) A Tribal Police Officer to make any necessary personal service without charge.

The Tribal Court Judge shall not discuss with any party to a civil action before the Tribal Court, or the representative of a party, any matter pertaining to such action, outside of the presence of the opposing party or the opposing party's representative.

2-1-08          TRIAL BY JURY

(a) A party may demand a trial by jury of any factual issue by filing such demand with the Tribal Court Administrator/Clerk and serving such upon the other parties, not later than 10 days after the service of the last pleading directed to such issue. At the time the demand is filed, the party demanding the trial by jury shall deposit with the clerk jury fees for the first day of trial, pursuant to subsection (a)(5) of section 2-1-06.

(b) Jurors shall be selected and in paneled pursuant to Chapter 1-3 of this Code.

2-1-09          SMALL CLAIMS

(a) In all cases for the recovery of money only, where the amount claimed does not exceed $2,000, the action shall proceed according to this section. Such actions are commended by plaintiff by filing a complaint on a form provided by the Tribal Court Administrator/Clerk. Upon the filing, the clerk shall issue a summons. The complaint shall be served in accordance with section 2-1-05. Upon issuing the summons, the clerk shall schedule a hearing, the date and time of which shall be indicated on the summons and be provided by notice to plaintiff. No formal pleading other than the complaint is required.

(b) The provisions of this Code generally and the common law of tort apply in small claims actions, except as otherwise provided in this section.

(c) The trials and dispositions of small claims action shall be informal, with the sole object of dispensing fair and speedy justice between the parties. The plaintiff and the defendant shall have the right to offer evidence by witnesses appearing at such trials in the same manner as other cases of a civil nature arising in the Tribal Court.

(d) The failure to file a cross-claim or counterclaim by the defendant shall not bar a future action thereon by a defendant in a small claims action.

(e) A plaintiff or defendant may move for reconsideration from the judgment in a small claims action. The motion to reconsider shall be filed using a form provided by the Tribal Court Administrator/Clerk, and shall state the basis of the motion. It must be filed no later than 30 days from the entry of the judgment, in open court or otherwise. No formal Notice of Entry of Judgment is required. There may be a reconsideration bond of not less than $100. The filing of the reconsideration bond stays execution of the judgment until the reconsideration is determined.

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CHAPTER 2-2     PARTIES TO A CIVIL PROCEEDING

2-2-01          ACTIONS INVOLVING MARRIED PERSONS, UN-EMANCIPATED MINORS OR WARDS

(a) A husband and wife may sue jointly on all causes of action belonging to either or both of them, except:

(1) When the action is for personal injuries, the spouse having sustained personal injuries is a necessary party; and

(2) When the action is for compensation for services rendered, the spouse having rendered the services is a necessary party.

(b) If husband and wife are sued together, either or both may defend, and if either neglects to defend; the other may defend for both.

(c) The father and mother jointly, or the father or the mother, without preference to either, may maintain an action for the injury of a minor child who has not been emancipated, if the injury is caused by the wrongful act or neglect of another. A guardian may maintain an action for the injury of their un-emancipated ward, if the injury is caused by the wrongful act or neglect of another, the action by the guardian to be prosecuted for the benefit of the ward.

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CHAPTER 2-3     JUDGMENTS

2-3-01          ENFORCEMENT OF JUDGMENTS; EXECUTION

(a) The party in whose favor a judgment is given may obtain upon request the issuance of a writ of execution. The writ of execution shall be subscribed by the Tribal Court Judge and be directed to a Tribal Police Officer. It shall include:

(1) Reference to the judgment and the amount of money therefor;

(2) The names of the parties;

(3) Direction to a Tribal Police Officer to satisfy the judgment, with interest, from the sale of the personal property of the judgment debtor;

(4) If the judgment is for the delivery of real or personal property, a description of such property and a direction to a police officer to deliver the possession thereof to the judgment creditor;

(5) A description of the property exempt from execution and the procedure for claiming exempt property, pursuant to section 2-3-02.

(b) The writ of execution shall be served by the Tribal Police Officer upon the judgment debtor by regular mail at their last known address. Service shall take place not later than five working days from the date of issuance by the Judge.

(c) All goods, chattels, moneys, personal property of the judgment debtor, and real property of the judgment debtor not held in trust by the United States through the Secretary of Interior on their behalf, or exempt under Section 2-3-02, shall be liable to execution.

2-3-02          PROPERTY EXEMPT FROM EXECUTION

(a) The following property is exempt from execution:

(1) All property belonging to judgment debtor's family;

(2) All objects utilized in ceremonies and pow-wows and similar ceremonies, including beadwork, jewelry and feather bustles.

(3) Clothing, furniture, appliances, one radio and one television, linens, china, crockery, kitchenware, and personal effects (including wedding rings) of the consumer and his or her dependents.

(4) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed, belonging to the judgment debtor to be selected by her/him;

(5) Professional libraries, office equipment, office supplies and the tools, instruments and materials used to carry on the trade of the judgment debtor for the support of self and family not to exceed $4,500 in value;

(6) One vehicle if the judgment debtor's equity does not exceed $1,000 or the creditor is paid an amount equal to any excess above that equity;

(7) Private libraries not to exceed $1,500 in value, and all family pictures and keepsakes;

(8) The dwelling of the judgment debtor occupied as a home for self and family;

(9) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $1,000. If the premium exceeds that amount, a like exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $1,000 bears to the whole annual premium paid; and

(b)  (1) In order to claim exemption of any property levied on, the judgment debtor must, within 20 working days after the writ of execution is mailed, serve on the sheriff and judgment creditor and file with the clerk of the court issuing the writ of execution an affidavit setting out the claim of exemption. The clerk of the court shall provide the form for the affidavit.

(2) Upon motion, the judgment creditor and the judgment debtor shall be entitled to a hearing to determine the issue of exemptions.

2-3-03          SALE ON EXECUTION

(a) The Tribal Police Officer shall execute the writ against the property of the judgment debtor by levying on a sufficient amount of property, but no more property than is reasonably necessary, and paying to the plaintiff or their attorneys so much of the proceeds as will satisfy the judgment;

(b) Before the sale of property on execution, written notice of the sale must be posted in the Tribal Office and in a newspaper of local common circulation, at least 10 days prior to the sale.

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