Judical Code

(a) All appeals from the Prairie Island Mdewakanton Dakota Community Tribal Court shall be heard by the Prairie Island Mdewakanton Dakota Community Appellate Court. The Chief Judge of the Prairie Island Mdewakanton Dakota Tribal Court shall appoint a Chief Judge of the Prairie Island Mdewakanton Dakota Court of Appeals for each matter heard by the Court of Appeals.

(b) Any party who is aggrieved by a final order, commitment or judgment of the trial court may appeal in the manner prescribed by this Rule.

(c) Within twenty (20) days from the entry of the order of judgment appealed from the party taking the appeal must file with the trial court a written notice of appeal specifying the parties to the appeal, the order or judgment which is being appealed, and a short statement of the reason or grounds for the appeal. The clerk shall file the notice and mail copies, to be provided by the appealing party, to all other parties to the appeal at their last known address.

(d) The party taking the appeal shall be referred to as the appellant; all other parties shall be referred to as the appellees. The name of the case shall be the same as that used in the Tribal Court.

(e) At the time of filing the Notice of Appeal, the appellant shall also file cash or a bond in an amount set by the trial court sufficient to guarantee performance of the judgment if such performance is stayed on appeal plus, in any event, sufficient to guarantee payment of such costs or interest as the appellate court may award unless to do so would require manifest injustice.

(f) In any case in which an appeal is perfected as required by this Rule, the appellant may petition the trial court for an order staying the order, commitment or judgment rendered conditioned upon execution of a bond to guarantee performance of the judgment, order or commitment. A stay shall be granted in all cases in which it is requested unless manifest injustice would result therefrom.

(g) The clerk of the trial court shall also serve as the clerk of the Appellate Court. Within five (5) days after a Notice of Appeal is filed, the clerk shall prepare, certify and file with the Appellate Court all papers comprising the record of the case appealed. A separate docket shall be maintained for the appellate court in which shall be recorded each stage of the proceedings on each case appealed.

(h) The presiding justice of the appellate court shall, when hearing a case, have authority to compel the production of documents where such is deemed necessary to the rendition of the Court's opinion. There shall not be a new trial in the appellate court. The appellate court may review both the factual findings and conclusions of law of the Trial court.

(i) Within thirty (30) days of the filing of the Notice of Appeal or within such longer time as the Appellate Court shall allow, the appellant shall file a written brief, memorandum or statement in support of her/his appeal. An original and three copies shall be filed with the clerk and one additional copy shall be served upon or mailed to each other party or her/his counselor or attorney. The appellee shall have thirty (30) days after receipt of the appellant's brief, memorandum or statement within which to file a response, memorandum or statement. A reply brief, memorandum or statement of appellant shall be allowed without leave of Court. Such reply brief shall be filed within ten (10) days of the receipt of the appellee's response.

(j) The Appellate Court shall decide all cases upon the briefs, memoranda and statements filed plus the record of the trial court without oral argument unless either party requests oral argument and shows to the Court that such will aid the Court's decision, or unless the Court decides on its own motion to hear oral argument.

(k) The Appellate Court shall issue a written decision and all judgments on appeal shall be final.

Note of Amendment: Rule 40(a) was amended to add a provision allowing for the selection of a Chief Judge of the Prairie Island Mdewakanton Dakota Community Court of Appeals.