FAQ

1. How do I file a law suit or claim in a tribal court?

After determining if the tribal court has jurisdiction to hear your matter (see ÒA Primer on Tribal Court Civil PracticeÓ by B.J. Jones at: http://www.ndcourts.com/court/resource/tribal.htm for guidance), you would contact the particular tribal courtÕs Clerk of Court and request the necessary forms and determine what the correct fees are, if any.

2. How do I determine if a tribal court has jurisdiction over my matter?

Look to the tribeÕs laws. Each tribe has its own laws and/or ordinances establishing who it has jurisdiction over and it what types of matters. You should consider subject-matter jurisdiction (type of case) and personal jurisdiction (whether you as a person/organization can bring a matter to the court or have a matter brought against you in the court).

3. How does an attorney get authorized to practice before a tribal court?

It depends on the tribal court. Some have a bar application and exam process, whereas others require that you just file an appearance. Some allow attorneys to be admitted as visiting or pro hac vice attorneys. You should contact the tribal courtÕs clerk of court and ask. Each tribal court has its own requirements.

4. Do I need an attorney in tribal court?

No, generally you may represent yourself. However, you will be expected to know and follow the rules of court and the tribal laws applicable in your case. Basically, you will be held to the same standard as an attorney.

5. Must a tribe provide me with an attorney?

Not always. The Indian Civil Rights Act states that tribes do not have to provide an attorney. Although, many tribes will provide an attorney or public defender in cases involving the possibility of incarceration or the loss of parental rights where the defendant cannot afford one under the tribeÕs income guidelines. However, there is no right to an attorney required under the Act, it is up to each tribe.

6. What kind of cases do Tribal Courts hear?

It varies from tribe to tribe. Each tribe is unique and may have different subject matter jurisdictions (the types of cases it can hear) depending upon: the state it is located in (some states are public law 280 states and most tribes in those states are limited to or have chosen to just allow civil matters); the tribeÕs history and relationship with the state and federal government; federal and state treaties and statutes; and the tribeÕs own desires. If the tribe has a tribal court, you will look to the tribeÕs own laws to determine which cases can be handled in its system. The court clerk should be able to provide the relevant laws or point you in the right direction.

7. How do I report a possible attorney or judicial ethics violation?

Each tribe and/or tribal court should have a process delineated in its tribal laws/ordinances or rules of procedure.

8. Can I move my case from state court to tribal court?

It depends on many factors. You should consult with an attorney familiar with both tribal and state law.

9. Can an order from a state court be enforced in tribal court?

They often can through a process commonly referred to as validation or recognition of a foreign decree. The tribal court clerk should be able to provide you a copy of the relevant process and requirements.

10. How can I get a copy of a tribe's laws/ordinances/codes?

Many are online (check our websites tribal code database) or made available through the tribeÕs website, law library or tribal clerk. Ask the tribal court clerk or tribal clerk how you can get a copy or access to tribal laws/ordinances.

11. Do tribal Courts have their own Rules of Procedure? Rules of Evidence?

Some do, some do not. Many tribes have adopted their own codes or have stated that they follow the stateÕs or federal governmentÕs codes. Again, ask the tribal court clerk.

12. As a tribal member living off-reservation in another state, can I take my legal matter to any tribal court?

Usually you cannot unless you somehow have met the tribeÕs requirements for Òpersonal jurisdictionÓ. For example, you live on their lands, you work their, or were married there, you do business with them, etc. Look to the tribal laws to determine whether there is personal jurisdiction, as well as subject-matter jurisdiction (type of case) under their laws.

13. I think the tribal court made a bad decision in my case, can I take it to state court now?

There are very few cases in which a tribal courtÕs decision can be appealed in a state court. Consult an attorney regarding your issue. Also, look to the particular tribeÕs laws to determine if they have an appeals process.