WHITE EARTH BAND OF OJIBWE TITLE #: WHITE EARTH RULES OF CIVIL PROCEDURE Table of Contents RULE 1 5 §1.01 SCOPE. 5 §1.02 CONSTRUCTION. 5 RULE 2 5 §2.01 ONE FORM OF ACTION 5 RULE 3 5 §3.01 CITATION 5 RULE 4 5 §4.01 EX PARTE COMMUNICATIONS 5 RULE 5 6 §5.01 COMMENCEMENT OF ACTION. 6 §5.02 SERVICE OF PROCESS-GENERALLY. 6 §5.03 METHODS OF SERVICE. 6 RULE 6 7 §6.01 SERVICE OF PAPERS OTHER THAN THE COMPLAINT OR PETITION. 7 RULE 7 7 §7.01 TIME COMPUTATION. 7 §7.02 TIME ENLARGEMENT. 7 §7.03 SERVICE BY MAIL. 7 RULE 8 8 §8.01 ALLOWABLE PLEADINGS. 8 §8.02 GENERAL RULES OF PLEADINGS. 8 §8.03 FORM OF PLEADINGS 8 §8.04 AMENDMENT OF PLEADINGS. 9 §8.05 ORDERS. 9 RULE 9 10 §9.01 REAL PARTY IN INTEREST. 10 §9.02 SUING BY FICTITIOUS NAME OR AS UNKNOWN; PARTNERS' NAMES UNKNOWN. 10 §9.03 GUARDIAN AD LITEM. 11 §9.04 JOINDER OF PARTIES. 11 §9.05 SUBSTITUTION OF PARTIES. 11 RULE 10 11 §10.01 INTERVENTION. 11 RULE 11 12 §11.01 INJUNCTIONS. 12 RULE 12 13 §12.01 EXTRAORDINARY WRITS. 13 RULE 13 14 §13.01 FORM. 14 §13.02 NOTICE AND FILING. 14 §13.03 OBTAINING A HEARING DATE. 14 §13.03 DISPOSITIVE AND NON-DISPOSITIVE MOTIONS. 14 RULE 14 17 §14.01 DISCOVERY 17 RULE 15 17 §15.01 CIVIL CASES DECIDED BY JUDGE. 17 §15.02 ASSIGNMENT OF JUDGE AND TRIAL DATE. 17 §15.03 POSTPONEMENT. 18 §15.04 SETTLEMENT CONFERENCE. 18 RULE 16 18 §16.01 DISMISSAL OF ACTIONS 18 RULE 17 19 §17.01 SUMMARY JUDGEMENT 19 RULE 18 19 §18.01 GENERAL TRIAL PROCEDURES 19 §18.02 CONSOLIDATION 19 §18.03 SEPARATE TRIALS 20 §18.04 SUBPOENAS 20 §18.05 JUDGE'S RIGHT TO QUESTION WITNESSES. 24 §18.06 VERBATIM RECORD OF COURT PROCEEDINGS. 24 §18.07 HARMLESS ERROR RULE APPLICABLE TO ALL COURT RULINGS. 24 §18.08 OPEN COURT PROCEEDINGS. 24 §18.09 STIPULATIONS. 25 §18.10 USE OF COPIES OF PLEADINGS AND OTHER PAPERS. 25 §18.11 BORROWING AND USE OF COURT FILES. 25 RULE 19 25 §19.01 EVIDENCE 25 RULE 20 26 §20.01 TRIAL PROCEDURE PLAINTIFF’S CASE 26 §20.02 TRIAL PROCEDURE RESPONDENT'S CASE. 26 §20.03 CLOSING STATEMENTS 26 RULE 21 26 §21.01 CONTINUANCE OF TRIAL 26 RULE 22 27 §22.01 WRITTEN DECISION OF TRIAL JUDGE 27 RULE 23 27 §23.01 JUDGEMENT AND COSTS DEFINITION 27 §23.02 TYPES OF RELIEF WHICH MAY BE GRANTED 27 §23.03 COSTS. 27 §23.04 ATTORNEY'S OR ADVOCATE'S FEES. 27 §23.05 ENTRY OF JUDGEMENT 28 §23.06 SATISFACTION OF JUDGMENT. 28 RULE 24 28 §24.01 ENTRY OF DEFAULT 28 §24.02 JUDGMENT BY DEFAULT 28 §24.03 SETTING ASIDE DEFAULT 28 RULE 25 29 §25.01 MOTION TO CORRECT JUDGMENT OR ORDER 29 RULE 26 29 §26.01 NEW TRIALS; AMENDMENTS OF JUDGMENT 29 RULE 27 29 §27.01 EXECUTION OF JUDGEMENT TIMELINE 29 §27.02 EXECUTION OF JUDGEMENT PROCEDURE 30 §27.03 EXEMPTION FROM EXECUTION. 30 §27.04 REDEMPTION FROM SALE. 30 RULE 28 30 §28.01 STAY UPON ENTRY OF JUDGMENT. 30 §28.02 STAY UPON APPEAL. 30 §28.03 STAY IN FAVOR OF THE BAND OR AGENCY THEREOF. 31 RULE 29 31 §29.01 SETTLEMENT OFFERS-EFFECT. 31 §29.02 SETTLEMENTS ON BEHALF OF MINORS; JUDGMENTS. 31 RULE 30 31 §30.01 DISABILITY OF JUDGES 31 §30.02 DISQUALIFICATION OF JUDGES 31 RULE 31 32 §31.01 APPEALABLE ORDERS 32 RULE 32 32 §32.01 SEVERABILITY 32 RULE 33 33 §33.01 AMENDMENT 33 RULE 34 33 §34.01 SUBSTANTIVE REQUIREMENTS FOR GIVING FULL FAITH AND CREDIT TO ORDERS, JUDGMENTS, DECREES, AND OTHER JUDICIAL PROCEEDINGS 33 RULE 35 33 §35.01 PROCEDURAL REQUIREMENTS FOR GIVING FULL FAITH AND CREDIT TO ORDERS, JUDGMENTS, DECREES, AND OTHER JUDICIAL PROCEEDINGS 33 RULE 1 This code supersedes and repeals all prior rules of civil procedure of the White Earth Band of Ojibwe. §1.01 Scope. Except when different rules are prescribed by statute, ordinance or order of the Court, these Rules shall govern the procedure and practice in trial and appellate courts of the White Earth Band of Ojibwe in all actions, suits, and proceedings of a civil nature, in all special proceedings established by law, and in criminal matters to the extent no different rule is specified. §1.02 Construction. 1. These Rules shall be liberally construed to secure a just, speedy and inexpensive determination of every action and proceeding. At every stage of the proceeding, the Court may disregard any technical error or defect or a failure to comply with these Rules which does not affect the substantive rights of the parties, particularly those parties not represented by professional attorneys. 2. Any practice or procedure not addressed in these Rules shall be conducted in conformance with the applicable Federal Rule of Civil Procedure unless to do so would produce an unfair or unjust result. The citation of the Federal Rules of Civil Procedure herein shall not be deemed an action deferring to federal jurisdiction of any matter where such jurisdiction does not exist. RULE 2 §2.01 One Form of Action There shall be one form of action, known as a “civil action.” RULE 3 §3.01 Citation These Rules shall be known as “the Rules of Civil Procedure” and may be abbreviated as WERCP. RULE 4 §4.01 Ex Parte Communications Ex parte communications with judges of the White Earth Band of Ojibwe Court are strongly discouraged. All inquires shall be to the Clerk of Court, who shall confer with the judges. RULE 5 §5.01 Commencement of Action. A civil action is commenced by filing a complaint or petition and serving a copy of such on the defendant or respondent as provided herein and paying the current filing fee. All complaints or petitions filed with the Court must be accompanied by an original certificate of service which demonstrates that the defendant or respondent has been served in a manner consistent with the rules. The Court shall have jurisdiction from such time as the complaint or petition and summons are filed and the filing fee is paid. §5.02 Service of Process-Generally. 1. Service of process shall consist of the Petitioner delivering to the party served a copy of the complaint or petition along with a summons. The complaint or petition and summons shall advise the defendant or respondent that he or she is required to answer the complaint or petition within thirty (30) days or a default judgment will be entered against him or her. 2. The return of service shall be endorsed with the name of the person serving and the date, time and place of service and shall be filed with the clerk of court. §5.03 Methods of Service. 1. Personal Service. Service may be made on a party by delivering the required papers to the party or his or her agent or employee, or upon some person of suitable age and discretion over sixteen (16) years old at the party's home or principal place of business, or on an officer, managing agent or employee, or partner of a non-individual party. 2. Service by Mail. Service by mail may be made on a person by depositing, by any class mail, with the United States Post Office, the required papers to the person or his or her agent or employee, or upon some person of suitable age and discretion over sixteen (16) years old at the party's home or principal place of business, or on an officer, managing agent or employee, or partner of a non-individual party. Service by Mail must be accompanied by an Affidavit of service by mail. 3. Service by Publication. Service by publication may be made upon order of the Court for good cause shown by publishing the contents of the summons in a local newspaper of general circulation at least once per week for three (3) consecutive weeks and by leaving an extra copy of the complaint or paper with the Court for the party. 4. Service by Law Enforcement Officer or Other Person. Service may be made by any law enforcement officer or other person, not a party, who is at least sixteen (16) years of age or older. 5. Other Forms of Service. Service may also be made on any party in a manner authorized by the code under which the suit is filed. Such forms may include; service by mail, and service by posted notice. 6. Service on the White Earth Band. Service upon the White Earth Band shall be made by delivering the required papers to the offices of the Chairman and/or Secretary of the White Earth Tribal Council at the Tribal Headquarters during normal business hours. 7. Service Jurisdiction. Service upon a person otherwise subject to the jurisdiction of the White Earth Tribal Court may be made anywhere in the United States. 8. Refusal of Service. If a person refuses to accept service, service shall be deemed performed if the person is informed of the purpose of the service and offered copies of the papers served. 9. Service upon counsel or advocate, Service upon a person’s counsel or advocate shall constitute proper service and shall constitute a basis for a default finding. 10. Actual Notice. Actual Notice upon a person in open Court shall constitute sufficient notice and may serve as a basis for a Default finding. 11. Actual Notice (outside of Court) Actual Notice outside of Court may constitute sufficient service if the Court is convinced by a Preponderance of the evidence that the Notice sufficiently put the person on Notice of the form of action and the date time and location of the hearing. RULE 6 §6.01 Service of Papers Other Than the Complaint or Petition. Service of all papers contemplated under these Rules may be made in any manner allowed by these Rules. Service of all papers contemplated by these Rules may be made on the party's counsel or advocate if the party has retained any counsel or advocate. All filings sent by one party to another except discovery documents shall also be sent to the Court. All filings sent to the Court shall also be sent to each party. It is the responsibility of the person sending the papers to provide copies to the Court and all other parties. RULE 7 §7.01 Time Computation. Unless otherwise provided in these Rules, in computing any period of time set forth herein, the day that the period is to commence shall not be counted and the last day of the period shall be counted; provided, however, that any time period under seven (7) days will not include intermediate Saturdays, Sundays, legal holidays or Band holidays in the period and any period which would otherwise end on a Saturday, Sunday, legal holiday or Band holiday will be deemed to end on the next day which is not a Saturday, Sunday, legal holiday or Band holiday. §7.02 Time Enlargement. The Court for good cause shown may enlarge the prescribed period of time within which any required act may be done. §7.03 Service by Mail. Whenever service is accomplished by mail, three (3) days shall be added to the prescribed period of time, but such addition shall not cause Saturdays, Sundays, legal holidays, or Band holidays to be counted in the time period if they would not otherwise have been counted. RULE 8 §8.01 Allowable Pleadings. Pleadings shall consist of a complaint or petition, an answer, a counterclaim and a cross- claim. In the event a counterclaim or cross-claim is asserted, there shall be allowed an answer thereto. §8.02 General Rules of Pleadings. 1. There shall be a complaint and an answer or a petition and a response. The complaint or petition shall consist of a short and clear written statement sufficient to advise the defendant or respondent and the Court of the Court's jurisdiction, the nature of the plaintiff’s claim, the plaintiff’s entitlement to the relief and the nature of the relief sought. 2. The defendant or respondent shall submit an answer to the complaint or petition within thirty (30) days of filing unless this time is extended by a judge upon written request showing good cause. (a) The answer shall consist of a short and clear written statement sufficient to advise the plaintiff and the Court of the nature of the defense. (b) The answer may deny the truth of statements in the complaint or petition, it may admit the truth of statements in the complaint or petition, or it may deny the knowledge of the truth or falsity of statements in the complaint or petition. The answer may also present matters not raised in the complaint or petition which defendant or respondent believes are relevant to the case. (c) All affirmative defenses, counterclaims and cross-claims must be asserted in the answer or they will be deemed to have been waived. 3. In cases for a judgment worth less than $1,000 or in cases under the Family Relations Code, the defendant or respondent may make an oral response at the first hearing. Failure to appear at the first hearing without filing a written response may result in default being entered against the defendant or respondent. §8.03 Form of Pleadings 1. All pleadings filed with the Court shall bear a heading designating the White Earth Tribal Court and a caption designating the parties to the suit and the assigned court file number, if any. 2. All pleadings shall be submitted to the Court on 8.5" x 11" white paper and shall be double-spaced with one-inch margins on the left and right sides and two-inch margins on the top and bottom. 3. All pleadings, excepting discovery and motions, shall separately number each allegation or averment and shall separately number each paragraph. All affirmative defenses, counterclaims or cross-claims shall be separately set forth and shall be clearly designated as such. 4. Pleadings may incorporate exhibits provided those exhibits are attached to the pleading. Pleadings also may incorporate by reference previous allegations contained therein. §8.04 Amendment of Pleadings. 1. Parties may amend their pleadings once without leave of Court and at any time up to thirty (30) days before a scheduled trial date. All other amendments shall require leave of the Court. 2. An opposing party may respond to a proposed amendment, and may request a postponement of a scheduled trial date where it alleges that the amendment may prejudice its readiness for such trial. Where substantial justice so requires, the Court on its own motion may postpone a scheduled trial date after an amendment is made. §8.05 Orders. 1. An order is rendered when it is signed by the judge, unless specifically announced as rendered by the court, on the record. 2. An order is entered when it is filed in the office of the clerk of court. §8.06 Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions 1. SIGNATURE. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party personally if the party is unrepresented. The paper must state the signer's address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney's or party's attention. (b) REPRESENTATIONS TO THE COURT. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information. (c) SANCTIONS. (1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Section 8.06(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee. 2. Motion for sanctions (1) The motion must be served as provided in these Rules, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion. (2) On the Court's Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Section 8.06(b). (3) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation. (4) An order imposing a sanction must describe the sanctioned conduct and explain the basis for the sanction. (5) INAPPLICABILITY TO DISCOVERY. This rule does not apply to disclosures and discovery requests, responses, objections, and motions. RULE 9 §9.01 Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest, except a personal representative or other person in a fiduciary position can sue in his or her own name without joining the party for whose benefit the action is maintained. §9.02 Suing by Fictitious Name or as Unknown; Partners' Names Unknown. 1. When the name or a part of the name of any defendant or respondent, or when any proper party defendant or respondent to an action to establish or enforce, redeem from or discharge a lien or claim to property is unknown to the plaintiff, such defendant or respondent may be designated a defendant or respondent by so much of the name as is known, or by a fictitious name, or as an unknown heir, representative, owner or person as the case may require, adding such description as may reasonably indicate the person intended. No person whose title to or interest in land appears of record or who is in actual occupancy of land shall be proceeded against as an unknown owner. 2. When the name of such defendant or respondent is ascertained, the process, pleadings, and all proceedings may be amended by an order directing the insertion of the true names instead of the designation previously employed. 3. In an action against a partnership, if the names of the partners are unknown to the plaintiff, all proceedings may be in the partnership name until the names of the partners are ascertained, whereupon the service of process, pleadings and all proceedings shall be amended by order directing the insertion of such names. §9.03 Guardian Ad Litem. When a juvenile, or adult deemed legally incompetent is a party and has not had a guardian appointed, the Court may appoint a guardian ad litem to represent such person in the suit or action. §9.04 Joinder of Parties. 1. To the extent possible, all persons or parties interested in a particular action shall be joined in the action. 2. The failure to join a party over whom the Court has no jurisdiction will not require dismissal of the action unless it would be impossible to reach a just result without such party. 3. Where joinder of an interested person is not possible, the Court shall attempt to fashion a resolution so as to do the greatest justice possible under the circumstances. §9.05 Substitution of Parties. If a party dies or becomes incompetent or transfers his or her interest or separates from some official capacity, a substitute party may be joined or substituted as justice requires. RULE 10 §10.01 Intervention. 1. Upon motion the Court may permit anyone to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties. 2. Upon motion the Court may permit anyone to intervene in an action when a movant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for claim or defense upon any statute, ordinance or executive order or rule administered by a federal or tribal government officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action. 3. A person desiring to intervene shall serve and file a motion to intervene upon the parties as provided in (a) and (b) above. The motion shall state the grounds for intervention and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute gives a right to intervene. 4. Motions to intervene may be made at any time before the scheduled trial date. In exercising its discretion regarding motions to intervene, the Court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. If a motion to intervene is granted, the Court may upon motion of a party or its own motion, delay the trial as fairness and justice may require. RULE 11 §11.01 Injunctions. 1. No preliminary injunction shall be issued without notice to the adverse party. 2. No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing thereon. Every temporary restraining order granted without notice shall: (a) be endorsed with the date and hour of issuance; (b) be filed forthwith in the clerk's office and entered of record; (c) define the injury and state why it is irreparable and why the order was granted without notice; (d) expire by its terms within such time after entry, not to exceed fifteen (15) days, as the Court fixes, unless within the time fixed the order, for good cause shown, is extended for a period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. 3. In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence of all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for preliminary injunction and, if she/he does not do so, the Court shall dissolve the temporary restraining order. On two (2) day's notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the Court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the Court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. 4. Except as otherwise provided by law, no restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the Court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of the United States, the White Earth Band of Chippewa, or of an officer or agency of either; nor shall it be required of a married person in a suit against the other party to the marriage contract. Nothing in this section shall be construed to give the White Earth Band of Chippewa Tribal Court jurisdiction over the United States or its employees operating within the scope of their employment. 5. A surety upon a bond or undertaking under this Rule submits himself or herself to the jurisdiction of the Court and irrevocably appoints the Clerk or the Court as his or her agent upon whom any paper affecting his or her liability on the bond or undertaking may be served. His or her liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the Court prescribes may be served on the Clerk of the Court who shall forthwith mail copies to the persons giving the security if their addresses are known. 6. Every order granting an injunction and every restraining order shall be specific in terms; shall describe in reasonable detail, and not reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise. 7. An injunction may be granted: (a) when it appears by the pleadings on file that a party is entitled to the relief demanded, and such relief, or any part thereof, consists of restraining the commission or continuance of some act complained of, either for a limited period or perpetually; (b) when it appears from the pleadings or by affidavit that the commission or continuance of some act during the litigation would produce irreparable injury to the party seeking injunctive relief; (c) when it appears during the litigation that either party is doing or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party respecting the subject matter of the action, and tending to render the judgment ineffectual; (d) in all other cases where an injunction would be proper in equity. RULE 12 §12.01 Extraordinary Writs. 1. Where no other plain, speedy and adequate remedy exists, relief may be obtained by obtaining an extraordinary writ which may be granted for any one of the following grounds: (a) where any person usurps, intrudes into, or unlawfully holds or exercises a public office or does or permits to be done any act which by law works a forfeiture or his or her office; or 2. Where an inferior tribunal, board, or officer exercising judicial or ministerial functions has exceeded its jurisdiction or abused its discretion; or 3. Where the relief sought is to compel any inferior tribunal, board or person to perform an act which the law specially enjoins as a duty resulting from an office, trust or station; or to compel the admission of a party to the use and enjoyment of a right or office to which he or she is entitled and from which he or she is unlawfully excluded by such inferior tribunal, board or person; or 4. Where the relief sought is to arrest the proceedings of any tribunal, board or person, whether exercising functions judicial or ministerial, when such proceedings are without or in excess of the jurisdiction of such tribunal, board or person. 5. No extraordinary writ may issue against the Band, or tribal officer or official acting in their official capacity, or any entity owned by the Band in its governmental capacity absent an unequivocally expressed waiver of the Band's sovereign immunity from suit. RULE 13 §13.01 Form. 1. All motions shall be made in writing, unless the court allows the motion to be made orally during a court proceeding and on the record. All written motions shall conform to the form requirements for pleadings under this Rule. 2. All motions shall specify the rule and/or substantive law upon which they are based, and shall state clearly and succinctly the relief sought and the factual and legal basis for the motion. §13.02 Notice and Filing. 1. All motions shall be accompanied by a notice of motion which shall state where the motion will be heard and the date and time which has been set for the hearing. The notice and motion shall be served on the opposing parties consistent with the deadlines set forth in Sections 4(b)(3) and 4(c)(3) below. Notices and motions served outside of these timelines may be rejected by the Court. 2. All notices and motions must be filed with the clerk of court within the deadlines set forth in Sections 4(b)(3) and 4(c)(3) below, and shall be accompanied by an original certificate of service. Notices and motions filed outside of these timelines or without an original certificate of service may be rejected by the Court. §13.03 Obtaining a Hearing Date. 1. Prior to serving or filing a notice of motion and motion the moving party must obtain a hearing date from the clerk of court. The date and location set by the clerk for hearing must be prominently noted on the moving party's notice of motion. 2. When the moving party obtains a hearing date, he or she shall indicate whether the hearing is to be in person or by telephone conference. The movant's notice of motion shall prominently indicate whether the motion hearing is to be in person or by telephone conference. 3. In the event no hearing is scheduled, the motion shall be considered by the Court at the next scheduled court hearing. §13.03 Dispositive and Non-Dispositive Motions. 1. There are two types of motions under these Rules: dispositive and non- dispositive. 2. Dispositive Motions. (a) Definition: Dispositive motions are those in which a party requests that the Court dispose of some or all of the claims asserted in a complaint, petition, counterclaim or cross-claim. (b) Filing of Documents. i. Moving Party's Submission: A party making a dispositive motion must file all of the following documents with the Court and serve them on all opposing parties: 1. Notice of motion; 2. Motion; 3. A memorandum; 4. All exhibits and affidavits; and 5. A proposed order. ii. Opposing Party's Response: A party opposing a dispositive motion must file all of the following documents with the Court and serve them on all opposing parties: 1. A memorandum; 2. All exhibits and affidavits; and 3. A proposed order. iii. Moving Party's Reply: A party making a dispositive motion may file a memorandum in reply only to the issues raised in the opposing party's response. (c) Service and Filing Deadlines. i. A party making a dispositive motion must serve and file all documents required no later than twenty (20) days before the scheduled hearing date. ii. A party opposing a dispositive motion must serve and file all documents required no later than ten (10) days before the scheduled hearing date. iii. If the moving party submits a memorandum in reply it shall be served and filed no later than five (5) days before the scheduled hearing date. iv. Relaxation of Time Limits. Where justice requires, the Court may, on written motion of a party, modify the time limits set forth in (3) above. (d) Memoranda Page Limits. i. The moving party may file an opening memorandum of up to fifteen (15) pages, double-spaced and with appropriate margins. ii. The opposing party may file a responsive memorandum of up to fifteen (15) pages, double-spaced and with appropriate margins. iii. The moving party may file a reply memorandum of up to five (5) pages, double-spaced and with appropriate margins. iv. Upon motion of a party and only in exceptional cases, the Court may allow the parties to exceed the page limits set forth above. (e) Oral Argument Required. All dispositive motions shall be granted an oral argument if requested. 3. Non-Dispositive Motions. (a) Definition: Non-dispositive motions are all motions in which a party does not request the Court to dispose of a claim asserted in a complaint, petition, counterclaim or cross-claim. (b) Filing of Documents. i. Moving Party's Submission: A party making a non-dispositive motion must file all of the following documents with the Court and serve them on all opposing parties: 1. Notice of motion; 2. Motion; 3. A memorandum; and 4. All exhibits and affidavits. 5. A proposed order. ii. Opposing Party's Response: A party opposing a non-dispositive motion must file all of the following documents with the Court and serve them on all opposing parties: 1. A memorandum; and 2. All exhibits and affidavits. 3. A proposed order. (c) Service and Filing Deadlines. i. A party making a non-dispositive motion must serve and file all documents required no later than ten (10) days before the scheduled hearing date. ii. A party opposing a non-dispositive motion must serve and file all documents required no later than five (5) days before the scheduled hearing date. (d) Memoranda Page Limits. i. The moving party may file an opening memorandum of up to ten (10) pages, double-spaced and with appropriate margins. ii. The opposing party may file a responsive memorandum of up to ten (10) pages, double-spaced and with appropriate margins. (e) Oral Arguments Not Required. By motion of the parties or the Court's own motion a non-dispositive motion may be decided without oral argument. RULE 14 §14.01 Discovery 1. A party may submit written interrogatories to any other party who shall answer them in writing, under oath, within twenty-five (25) days of receipt of such. 2. A party may take the oral deposition of an adverse party or non-party witness under oath upon not less than ten (10) days notice, specifying the time and place where such will occur. 3. A party may request another party to produce any documents or things in her/his custody or possession for inspection or copying or request permission to enter and inspect property reasonably related to the case, and the opposing party shall within twenty-five (25) days reply as to whether such will be allowed and if not, why not. 4. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the pending action, whether or not such would be admissible at trial, if such appears reasonably calculated to lead to the discovery of admissible evidence. The work product of a party's counselor or attorney is not discoverable. 5. A party against whom discovery is sought may move the Court for protective order to prevent undue annoyance, harassment, embarrassment, oppression, or undue burden or expense, and the Court may order that the discovery cease or proceed only upon specified conditions. 6. If a party fails to respond or appear for discovery as provided in this Rule, the opposing party may move for an order to compel the defaulting party to perform and the Court may award costs to the non-defaulting party. If a party fails to perform after being ordered to do so by the Court, the Court may, upon motion, order that a certain fact, claim or defense be deemed established or strike part of a claim or defense, or dismiss or render a judgment by default against the non- complying party. 7. Answers to interrogatories and depositions may be used in a motion, hearing or at trial to impeach or contradict the testimony of the person discovered, or by an adverse party for any purpose. 8. Discovery documents need not be filed with the Court, unless the Court in its discretion requests that certain documents be filed with the Court. RULE 15 §15.01 Civil Cases Decided by Judge. All civil cases shall be decided by a trial judge. There shall be no right to trial by jury in civil cases, except that as given by statute. §15.02 Assignment of Judge and Trial Date. The Chief Judge shall determine which judge shall hear a case, and shall provide a policy for the placing of cases on the court calendar with or without the request of any party, provided all parties are given adequate notice of trial dates. §15.03 Postponement. Upon written or approved oral request of a party, the trial court judge may, in his or her discretion, postpone a trial or proceeding upon good cause shown. §15.04 Settlement conference. 1. Within thirty (30) days of case assignment, the trial judge may schedule an informal settlement conference between the parties and their counsel or advocate, if any. The meeting may be off the record, or if the parties request, may be on the record and involve the judge assigned. 2. During such meetings the parties and the trial judge, if involved, may consider any matters which will aid in the simplification, clarification, or disposition of the case. The parties and the trial judge may develop procedures to be followed at the trial, and the trial judge may encourage the parties to explore the possibility of settling their dispute. The trial judge may participate in settlement discussions to the extent that his or her impartiality at any eventual trial will not be affected. 3. At his or her discretion, the trial judge may, at the request of a party or on his or her own motion, provide for the use of formal discovery. Such discovery may include those methods identified in Rule XIV. However, to the extent practicable, the trial judge shall encourage the parties to use informal methods of discovery. RULE 16 §16.01 Dismissal of Actions 1. Prior to the responsive pleading of a party against whom a claim has been made or motion to dismiss or for summary judgment of such claim, the party making the claim may file a notice of dismissal and his or her claim shall be deemed dismissed without prejudice. In all other circumstances a party may move the Court to dismiss his or her own claim and the Court shall do so either with or without prejudice as is just and proper given the stage of the proceedings, provided, however, if a cross claim or counter claim has been filed against the moving party, the judge shall dismiss the claim only with the consent of the adverse party or only if it appears that the other party can prosecute his or her claim independently without undue additional hardship. 2. A party against whom a claim has been made may move the Court to dismiss the claim of the adverse party upon any of the following grounds: (a) lack of jurisdiction over the subject matter; or (b) lack of jurisdiction over the person; or (c) insufficiency of process; or (d) insufficiency of service of process; or (e) failure to join a party pursuant to Rule IX; or (f) failure to state a claim upon which relief may be granted. 3. Such dismissal shall be deemed an adjudication of the merits of the issue dismissed unless the Court shall, for good cause shown, order otherwise. The Court may postpone ruling on a motion to dismiss for failure to establish a right to any relief until the close of all the evidence. 4. If, on a motion asserting the defense to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the Court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 17, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 17. 5. The Court may order a moving party to dismiss his or her own claim to pay the costs of the adverse party if the proceeding has progressed beyond the pleading state, and may order payment of costs in other circumstances where such is deemed appropriate. 6. If it appears warranted the Court may dismiss a claim based on sovereign Immunity, absent a motion by a party. RULE 17 §17.01 Summary Judgement Any time twenty (20) days after commencement of an action, any party may move the Court for summary judgment as to any or all of the issues presented in the case and such shall be granted by the Court if it appears that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Scheduling and briefing of such motions shall be governed by Rule 13. RULE 18 §18.01 General Trial Procedures 1. The trial judge may develop procedures through pretrial meetings or otherwise to secure a fair and efficient trial in each case. No such procedures shall deprive any party of the opportunity to present his or her case fairly nor shall any such procedures deprive any party of the right of cross-examination, nor shall any such procedure allow any party or witness to testify except under oath. 2. Trials generally shall be conducted in accord with the procedures authorized by these Rules. The procedure, however, may be varied by the trial judge in appropriate cases as the interests of justice may require. 3. Unless otherwise specified the Burden of Proof in all Trials is Proof by a Preponderance of the evidence. §18.02 Consolidation The Court may, upon request of any party or on its own motion, order some or all of the issues of separate actions tried together when there is a common issue of fact or law relating to the actions or if such will tend to avoid unnecessary cost or delay. §18.03 Separate Trials The Court may, to avoid prejudice or in furtherance of convenience, order a separate trial of a claim or issue. §18.04 Subpoenas 1. Issuance. Subpoenas for attendance or witnesses or production of documents or things may be issued and served as provided for elsewhere in these Rules. 2. Failure to Appear. A person who has been properly served with a subpoena and fails to appear or produce may be deemed in contempt of court and the Court may order his or her arrest for the offense of Failure to Obey a Lawful Order of the Court. 3. Subpoena Unnecessary. A person present in court, or before a judicial officer, may be required to testify in the same manner as if he or she was in attendance upon a subpoena. 4. Costs of Persons Subpoenaed. The cost of preparing and serving subpoenas shall be the responsibility of the party requesting the subpoena. 5. For Attendance of Witnesses; Form; Issuance (a)Form. Every subpoena shall (1) state the name of the court from which it is issued; and (2) state the title of the action, the name of the court in which it is pending, and its court file number, if one has been assigned; and (3) command each person to whom it is directed to attend and give testimony or to produce and permit inspection, copying, testing, or sampling of designated books, documents, electronically stored information, or tangible things in the possession, custody or control of that person, or to permit inspection of premises, at a time and place therein specified; and (4) contain a notice to the person to whom it is directed advising that person of the right to reimbursement for certain expenses, and the right to have the amount of those expenses determined prior to compliance with the subpoena. A command to produce evidence or to permit inspection, copying, testing, or sampling may be joined with a command to appear at trial or hearing or at deposition, or may be issued separately. A subpoena may specify the form or forms in which electronically stored information is to be produced. (b)Subpoenas Issued in Name of Court. A subpoena commanding attendance at a trial or hearing, for attendance at a deposition, or for production, or inspection, copying, testing, or sampling shall be issued in the name of the court where the action is pending. (c)Notice to Parties. Any use of a subpoena, other than to compel attendance at a trial, without prior notice to all parties to the action, is improper and may subject the party or attorney issuing it, or on whose behalf it was issued, to sanctions. 6. Service (a)Who May Serve and Method of Service; Timing of Notice. A subpoena may be served by any person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person or by leaving a copy at the person's usual place of abode with some person of suitable age and discretion then residing therein and, if the person's attendance is commanded, by tendering to that person the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the Band or an officer or agency thereof, fees and mileage need not be tendered. A subpoena commanding production for inspection, copying, testing, or sampling of designated books, papers, documents, or electronically stored information, tangible things, or inspection of premises, must be served on the subject of the subpoena, and notice of the required production must be served in the manner prescribed by Rule 5.02 on each party to the action, at least seven days before the required production. (b)Proof of Service. Proof of service when necessary shall be made by filing with the court administrator of the court on behalf of which the subpoena is issued a statement of the date and manner of service and of the names of the persons served, certified by the person who made the service. (c)Compensation of Subpoenaed Person. The party serving the subpoena shall make arrangements for reasonable compensation of the Subpoenaed Person prior to the time of commanded production or the taking of such testimony. 7. Protection of Persons Subject to Subpoenas (a)Requirement to Avoid Undue Burden. A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee. (b)Subpoena for Document Production Without Deposition. (1) A person commanded to produce and permit inspection, copying, testing, or sampling of designated electronically stored information, books, papers, documents, or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing, or trial. (2) A person commanded to produce and permit inspection, copying, testing, or sampling may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to producing any or all of the designated materials or inspection of the premises - or to producing electronically stored information in the form or forms requested. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test, or sample the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production, inspection, copying, testing, or sampling. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection, copying, testing, or sampling commanded. (c)Motion to Quash or Modify Subpoena. (1) On timely motion, the court on behalf of which a subpoena was issued shall quash or modify the subpoena if it (A) fails to allow reasonable time for compliance; (B) requires a person who is not a party or an officer of a party to travel to a place outside the county where that person resides, is employed or regularly transacts business in person. (C) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (D) subjects a person to undue burden. (2) If a subpoena: (A) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (B) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party, or (C) requires a person who is not a party or an officer of a party to incur substantial expense to travel outside the county where that person resides, is employed or regularly transacts business in person to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions. (d)Compensation of Certain Non-Party Witnesses. A witness who is not a party to the action or an employee of a party and who is required to give testimony or produce documents relating to a profession, business, or trade, or relating to knowledge, information, or facts obtained as a result of activities in such profession, business, or trade, is entitled to reasonable compensation for the time and expense involved in preparing for and giving such testimony or producing such documents. 5. Duties in Responding to Subpoena (a)Form of Production; Participation of Other Parties; Rescheduling. (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (3) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (4) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, The court may specify conditions for the discovery. (5) The party issuing a subpoena for production or inspection shall make available to all parties any books, papers, documents or electronically stored information obtained from any person following issuance of a subpoena to that person. If production or inspection is made at a time or place, in a manner, or to an extent and scope, different from that commanded in the subpoena, the party issuing the subpoena must give notice to all parties to the action at least seven days in advance of the rescheduled production. Any party may attend and participate in any noticed or rescheduled production or inspection and may also require production or inspection within the scope of the subpoena for inspection or copying. (b)Claims of Privilege. (1) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial-preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (2) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. Contempt Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court on behalf of which the subpoena was issued. An adequate cause for failure to obey exists when a subpoena purports to require a non-party to attend or produce at a place. §18.05 Judge's Right to Question Witnesses. During the trial, the trial judge shall have the right to ask questions of any witness in order to develop more fully the facts of the case. §18.06 Verbatim Record of Court Proceedings. All court proceedings shall be recorded verbatim by the clerk of court or court reporter. §18.07 Harmless Error Rule Applicable to All Court Rulings. No error in either the admission or the exclusion of evidence, and on error or defect in any ruling or order in anything done or omitted by the Court or by any of the parties, is ground for granting a new trial or otherwise disturbing a judgment or order, unless refusal to take such action appears to the Court inconsistent with substantial justice. The Court at every stage of the proceeding until judgment has been entered shall disregard any error or defect in the proceeding which does not affect the substantial rights of the parties. §18.08 Open Court Proceedings. All trials and all hearings at which oral testimony is to be presented shall be held in open court unless the matter is deemed by statute, ordinance, or court order to be confidential. §18.09 Stipulations. No agreement, stipulation, or consent between the parties or their attorneys or advocates, in respect to the proceedings in an action or special proceeding shall be binding unless made in court and entered in the minutes or recorded by the court reporter or made in writing and subscribed by the party to be bound thereby or the party's attorney or advocate and recorded by the clerk of court or court reporter. §18.10 Use of Copies of Pleadings and Other Papers. If any original paper or pleading is lost or withheld by any person, the Court may authorize a copy thereof to be filed and used instead of the original. §18.11 Borrowing and Use of Court Files. The clerk of court shall not permit any paper filed in his or her office to be taken therefrom unless upon written order of the judge presiding on the involved case. RULE 19 §19.01 Evidence 1. At all hearings and trials, the testimony of witnesses shall be taken orally under oath, unless otherwise provided in these Rules. All evidence admissible under the Federal Rules of Evidence or as specified in this tribal code shall be admissible and the competency of witnesses to testify shall be similarly determined. 2. A party may use leading questions against an adverse party or hostile witness or whenever such appears reasonably necessary to elicit testimony from witnesses of tender years or poor ability to communicate. 3. A party may call any person to be a witness and examine any witness so called on any matter relevant to the action. A party may impeach his or her own witness. 4. Cross examination shall be limited to the general scope of direct examination provided, however, that full examination of all witnesses shall be allowed on direct or cross examination to assure complete development of all relevant facts. 5. Written documents and other physical evidence shall be received upon being identified, authenticated, and a showing of relevance to the action. 6. Official documents or an official law, record, or copy thereof may be admitted into evidence upon the testimony of an official having custody of official knowledge thereof or without such testimony if the document or record or copy thereof is accompanied by a certificate identifying such thing and stating that it is a true and correct representation of what it purports to be. 7. In an action tried to a jury, excluded evidence may, upon request, be included in the record for purposes of appeal and excluded oral testimony shall be put into evidence by means of an offer of proof made out of the hearing of the jury. In an action tried only to the Court, the judge may receive such excluded testimony into the record. 8. Unless otherwise specified the Burden of Proof in all Trials is Proof by a Preponderance of the evidence. RULE 20 §20.01 Trial Procedure Plaintiff’s Case 1. The plaintiff shall be allowed to make an opening statement. If plaintiff is represented by counsel or advocate, this representative may make the opening statement. After plaintiff has presented his or her opening statement, defendant or respondent or defendant's or respondent's counsel or advocate may make an opening statement or may reserve the same until that party's case in chief is opened. 2. Plaintiff may then call his or her witnesses to testify under oath. Witnesses may rely on exhibits or documents which shall be available for inspection or copying. Witnesses shall testify by answering questions posed by plaintiff or plaintiff’s counsel or advocate. After a witness has testified, the witness shall be subject to cross- examination by defendant or respondent or defendant's or respondent's counsel or advocate. 3. After plaintiff’s witnesses have been examined and cross-examined, plaintiff shall rest his or her case. §20.02 Trial Procedure Respondent's Case. 1. The respondent, if he or she has reserved his or her opening statement, may make such statement after the plaintiff makes his or her case. 2. The respondent may then call witnesses to testify under oath. Witnesses may rely on exhibits or documents which shall be available for inspection or copying. Witnesses shall testify by answering questions posed by the respondent or by defendant's or respondent's counsel or advocate. After a witness has testified, the witness shall be subject to cross-examination by plaintiff or by plaintiff’s counsel or advocate. 3. After the respondent's witnesses have testified and have been cross- examined, the respondent shall rest his or her case. §20.03 Closing Statements Closing statements may be made by plaintiff to be followed by any closing statements of the defendant or respondent. RULE 21 §21.01 Continuance of Trial If upon conclusion of any trial proceeding it appears that further testimony or opportunity to examine documents is required, the trial judge may order and schedule a continuance of trial. A continuance may be requested by any party or it may be granted upon the Court's own motion. Procedures for any continuance of trial shall be the same as those used during the trial where practicable. The trial judge may limit the nature of the factual matters to which testimony is to be addressed during a continuance of trial. RULE 22 §22.01 Written Decision of Trial Judge At the conclusion of a trial, the trial judge shall take the case under advisement and close the record; or leave the record open for additional submissions including closing argument and/or proposed orders and specify. Unless there is good cause to the contrary, within ninety (90) business days after the close of record the trial judge shall issue a written opinion, including findings of fact, conclusions of law, order and judgment. The trial judge may, where he or she deems it appropriate, supplement the findings, conclusions and order with a memorandum. RULE 23 §23.01 Judgement and Costs Definition A judgment is any final order of a trial judge from which an appeal is available. §23.02 Types of Relief Which May be Granted 1. Generally. (a) Except in the case of a default judgment, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if such relief is not demanded in the pleadings. It may be given for or against one or more of several claimants; and it may, if justice so requires, determine the ultimate rights of the parties on each side as between or among themselves. (b) Judgment may consist of an order of the Court: i. awarding money damages to be paid to the injured party; ii. directing the surrender of certain property to the injured party; iii. directing the performance of some act or the ceasing and desisting from performance of some act for the benefit of the injured party; iv. granting any other relief which the Court deems appropriate. 2. Judgment by default. A judgment by default shall not be different in kind from, or exceed in amount, that specifically prayed for in the complaint or petition. §23.03 Costs. The Court may, in its discretion assess the costs of the case against the party or parties against whom judgment is given. However, such an assessment should not be made as a matter of course but should be made only upon the prevailing party showing that bearing the costs would be unconscionable. §23.04 Attorney's or Advocate's Fees. The Court shall award attorney's or advocate's fees in a case where such has been specifically provided by contract or agreement of the parties under dispute, unless it has been clearly and convincingly shown that the case has been prosecuted in bad faith for purposes of harassment only, and that there was no reasonable expectation of success on the part of the affirmatively claiming party. Attorney's or advocate's fees shall be awarded when provided by statute. Attorney's or advocate's fees may be awarded at other times in the Court's discretion. §23.05 Entry of Judgement 1. Signed and Filed and Recorded. Judgments shall be signed by the judge and filed with the clerk. A judgment is complete and shall be deemed entered for all purposes when it is signed and filed as provided herein. The clerk shall immediately make a notation of the judgment in the register of actions and the judgment docket. 2. Once a judgement is entered Parties may only move to set aside default under Rule 24, to correct judgment under Rule 25, and/or for reconsideration under Rule 26. Such rule must be clearly implicated within the body of such motion. 3. Death of a Party. If a party dies after a decision upon any issue of fact and before judgment, judgment may nevertheless be entered thereon. §23.06 Satisfaction of Judgment. 1. Full or Partial Satisfaction; Filing. A judgment may be satisfied, in whole or in part as to any or all of the judgment debtors by the owner thereof or his or her attorney or advocate of record executing under oath and filing an acknowledgment of satisfaction specifying the amount paid and whether such is a full or partial satisfaction of judgment and noting the amount thereof in the register of actions and the judgment docket. 2. Effect of Satisfaction; Limitation. A judgment satisfied in whole, with such fact being entered in the judgment docket, shall cease to operate as such. A partially satisfied judgment or unsatisfied judgment shall continue in effect for ten (10) years or until satisfied. An action to renew the judgment remaining unsatisfied may be obtained at any time prior to the expiration often (10) years and will extend the limitations an additional ten (10) years and may be thereafter further extended by the same procedure. RULE 24 §24.01 Entry of Default When a party against whom a judgment for relief is sought has failed to plead or otherwise defend, his or her default may be entered by the clerk and judgment by default granted. Once the default is entered, no further notice to the defaulting party of any action taken or to be taken need be given. §24.02 Judgment by Default Judgment by default may be entered by the clerk if a party's claim against the opposing party is for a sum of money which is or can by computation be made certain and if the opposing party has been personally served. Otherwise, judgment by default can be entered only by the Court upon receipt of whatever evidence the Court deems necessary to establish the claim. No judgment by default shall be entered against the White Earth Band of Ojibwe. §24.03 Setting Aside Default The Court may, for good cause shown, set aside either an entry of default or default judgment. RULE 25 §25.01 Motion to Correct Judgment or Order Clerical mistakes in judgment, orders or other parts of the record and errors herein arising from oversight or omission may be corrected by the Court at any time on its own initiative or on the motion of any party. After such notice as the Court may direct, mistakes may be corrected before an appeal is docketed in the Court of Appeals, and thereafter while the appeal is pending mistakes may be corrected with leave of the Court of Appeals. RULE 26 §26.01 New Trials; Amendments of Judgment 1. Any party may petition for a new trial on any or all of the issues presented by filing and serving a motion not later than twenty-one (21) days after the entry of judgment, for any of the following causes: (a) error or irregularity which prevented any party from receiving a fair trial; or (b) misconduct of the judge; or (c) damages so excessive or inadequate damages; or (d) accident or surprise, or newly discovered evidence against which ordinary prudence could not have been found and produced at trial; or (e) error in law. 2. A new trial shall not be granted on the basis of error or irregularity which was harmless in that it did not affect substantial justice. 3. Parties may include memoranda or affidavits in support of their motions to which reply memoranda and affidavits shall be allowed if desired. 4. The Court may, on its own initiative, not later than twenty-one (21) days after entry of judgment, order a new trial on any grounds which may be asserted by a party to the action, and shall specify the reasons for so ordering. 5. A motion to alter or amend a judgment shall be filed and served not later than twenty- one (21) days after entry of the judgment under sections 1(a)-(c) and within a reasonable amount of time following the discovery of the error under sections 1(d) and (e). Errors under those sections must be discovered within three (3) years of the entry of judgment. RULE 27 §27.01 Execution of Judgement Timeline If within sixty (60) days after entry of a judgment awarding money damages and/or costs against a party, or within sixty (60) days after final resolution of an appeal to the Court of Appeals from such a judgment, it is made to appear to the Court that the judgment debtor has not paid the judgment amount in full or commenced making installment payments in a manner agreed to by the parties, or is not current in such payments, the Court shall upon motion of the judgment creditor, heard ex parte, order the White Earth Indian Tribal Police to execute on the personal property of the judgment debtor as provided for herein. §27.02 Execution of Judgement Procedure The Court shall order the judgment debtor to appear before it and answer under oath inquiries regarding all of his or her personal property. The Court shall then determine what property of the judgment debtor is available for execution and order the White Earth Tribal Police to seize as much of such property as reasonably appears necessary to pay the judgment amount. Failure of the judgment debtor to appear may be deemed a contempt of court and the Court may proceed without such appearance. Sale of the seized property shall be at public auction conducted by the White Earth Tribal Police after giving at least ten (10) days public notice posted in at least three (3) conspicuous places within the exterior boundaries of the White Earth Reservation. Property shall be sold to the highest bidder who shall make payment for the property at the time of sale. The person conducting the auction may postpone such in his or her discretion if there is inadequate response to the auction or the bidding, and may reschedule such upon giving the required notice. The person conducting the sale shall give a certificate of sale to the purchaser and shall make a return to the Court reciting the details of the sale. §27.03 Exemption from Execution. The Court shall only order seizure and sale of such property of the judgment debtor to satisfy a money judgment, the loss of which will not impose an immediate substantial hardship on the immediate family of the judgment debtor. Only property of the judgment debtor may be subject to execution and not property of his or her family. §27.04 Redemption from Sale. At any time within six (6) months after a sale under this Rule, the judgment debtor may redeem his or her property from the purchaser thereof by paying the amount such purchaser paid for the property plus eight percent (8%) interest, and plus any expenses actually incurred by the purchaser, such as taxes and insurance, to maintain the property. RULE 28 §28.01 Stay Upon Entry of Judgment. Except for unusual circumstances, proceedings to enforce a judgment should ordinarily be stayed during the period in which any party is allowed to appeal to the Court of Appeals. During this period, the trial court may establish such conditions as are necessary to protect the interests of any party in receiving judgment. §28.02 Stay Upon Appeal. A party may obtain a stay when he or she appeals from the decision of the trial court by posting a bond or giving adequate assurance to the trial judge that he or she will satisfy the judgment if it is affirmed. Upon fulfillment of these conditions, the judge shall grant the stay. When a party has obtained a stay, the judgment of the trial judge shall not be executed until final disposition of the case by the Court of Appeals. §28.03 Stay in Favor of the Band or Agency Thereof. When an appeal is taken by the White Earth Band of Chippewa, or an officer or agency of the Band, and the operation or enforcement of the judgment is stayed, no bond, obligation or other security shall be required. RULE 29 §29.01 Settlement Offers-Effect. If there is an offer of settlement by the plaintiff under this Rule which is not accepted and the plaintiff recovers a judgment which is greater than or equal to the amount specified in the offer of settlement, the party is entitled to interest at the rate of ten percent (10%) per annum on the amount recovered from the date of the offer of settlement until the amount is paid in full. §29.02 Settlements on Behalf of Minors; Judgments. 1. A compromise or settlement of an action or proceeding to which a minor or mentally incompetent person is a party may be made by the guardian, the guardian's attorney or advocate if the guardian is represented by an attorney or advocate, or the guardian ad litem with the approval of the court in which such action or proceeding is pending. 2. A cause of action in favor of or against a minor or mentally incompetent person may, without the commencement of an action thereon, be settled by the guardian with the approval of the court appointing the guardian, the guardian's attorney or advocate if the guardian is represented by an attorney or advocate, or by the guardian ad litem with the approval of any court of record. An order approving a settlement or compromise under this subsection and directing the consummation thereof shall have the same force and effect as a judgment of the Court. RULE 30 §30.01 Disability of Judges If by reason of death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties of the Court under these Rules, any other judge may perform those duties, but if such other judge is satisfied that he or she cannot perform those duties because he or she did not preside at the trial or for any other reason, he or she may in his or her discretion grant a new trial. §30.02 Disqualification of Judges 1. A judge shall disqualify himself or herself from hearing any matter in which he or she has a direct interest or in which any party to the matter is a relative by blood to the fourth degree (first cousin), or where he or she feels that he or she will not be able to render a just decision. Provided, however, if the judge is the only available judge, and the matter is an emergency, the judge may preside on an emergency basis and thereafter disqualify themselves from the matter. 2. Any party to a legal proceeding may request a substitution of judge to hear the proceeding by filing a written affidavit of prejudice giving sufficient reasonable grounds why the judge assigned should not hear the case. The affidavit shall be presented to the judge assigned to hear the case who shall rule on the sufficiency of the affidavit, and, if sufficient, either disqualify himself or herself or forward the affidavit to the Chief Judge for a decision as to whether a different judge should be assigned. All requests for disqualification of a judge shall be made within five (5) days after the initial appearance or joinder date. No party shall be entitled in any case to file more than one affidavit; and no such affidavit shall be filed unless accompanied by a certificate of counsel or advocate of record that such affidavit and application are made in good faith. RULE 31 §31.01 Appealable Orders 1. An appeal may be taken to the White Earth Band of Chippewa Court of Appeals: (a) from a judgment entered in the White Earth Band of Chippewa Tribal Court; (b) from an order which grants, refuses, dissolves or refuses to dissolve an injunction; (c) from an order vacating or sustaining an attachment; (d) from an order denying a new trial, or from an order granting a new trial if the White Earth Band of Chippewa Tribal Court expressly states therein that the order is based exclusively upon errors of law occurring at trial, and upon no other ground; and the tribal court shall specify such errors in its order or memorandum, but upon appeal, such order granting a new trial may be sustained for errors of law prejudicial to defendant or respondent other than those unspecified by the White Earth Band of Chippewa Tribal Court; (e) from an order which, in effect, determines the action and prevents a judgment from which an appeal might be taken; (f) from a final order or judgment made or rendered in proceedings supplementary to execution; and (g) if the tribal court certifies that the question of law presented is one for which there is substantial ground for difference of opinion, wherein an immediate appeal from the order may materially advance the ultimate termination of the litigation; from an order which denies a motion to dismiss for failure to state a claim upon which relief can be granted; or from an order which denies a motion for summary judgment. 2. The time period for appeals shall be thirty (30) days from the date of the entry of the order. RULE 32 §32.01 Severability If any provision of this title, or the application thereof, to any person, business, corporation or state government or any political subdivision or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this title which can be given effect without the invalid provisions, and to this end the provisions of this title are declared severable. RULE 33 §33.01 Amendment These Rules may be amended by the Chief Judge of the White Earth Band of Chippewa Tribal Court and Court of Appeals as necessary to ensure fundamental fairness and substantial justice. RULE 34 §34.01 Substantive Requirements for Giving Full Faith and Credit to Orders, Judgments, Decrees, and Other Judicial Proceedings 1. Orders, judgments, decrees and other judicial proceedings from courts other than the tribal court may be given full faith and credit in the tribal court after the party seeking full faith and credit establishes by clear and convincing evidence that: (a) the other court had jurisdiction over both the subject matter and the parties; (b) the order, judgment, decree or other proceeding was not fraudulently obtained; (c) the order, judgment, decree or other proceeding was obtained by a process that assures the requisites of an impartial administration of justice including but not limited to due notice and a hearing; (d) the order, judgment, decree or other proceeding complies with the laws, ordinances and regulations of the jurisdiction from which it was obtained; and (e) the order, judgment, decree or other proceeding is not contrary to Anishinaabe Values; does not contravene the public policy of the White Earth Band of Chippewa or interfere with the Band's right to make its own laws and be governed by them. 2. Unless otherwise provided in this code, any request for full faith and credit must include a certified copy of the order for which full faith and credit is sought. RULE 35 §35.01 Procedural Requirements for Giving Full Faith and Credit to Orders, Judgments, Decrees, and Other Judicial Proceedings 1. A party seeking to have full faith and credit given to an order, judgment, decree or other judicial proceeding from a court other than the tribal court shall file a petition with the tribal court requesting that full faith and credit be given to the order, judgment, decree or other judicial proceeding. Notice shall be given to the other party(ies) to the order, judgment, decree or other judicial proceeding in the foreign jurisdiction and they shall have an opportunity to respond to the petition in accordance with the Rules of Civil Procedure for the tribal court applicable to responsive pleadings. The tribal court may hear oral argument on the petition at its discretion. The tribal court shall enter an order finding that the requirements of this Rule have or have not been met within ten (30) days of: (a) the date of the hearing; or (b) filing of the response to the petition for full faith and credit if no hearing is ordered; or (c) if no response is filed, within ten (30) days of the date a response could have been filed pursuant to these Rules. ORDER These Rules of Civil Procedure are hereby adopted by the White Earth Tribal Court. It is so ordered by the Court. Date: 7-25-22 By: Judge David DeGroat Chief Judge White Earth Tribal Court