
Judicial Code
Rule 41: Appealable Orders
An
appeal may be taken to the Prairie Island Mdewakanton Dakota Community Court
of Appeals:
(a)
from a judgment entered in the Prairie Island Mdewakanton Dakota
Community Tribal Court;
(b)
from an Order which grants, refuses, dissolves or refuses to dissolve
and 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 Prairie Island Mdewakanton Dakota Community 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
Respondent other than those unspecified by the Prairie Island Mdewakanton
Dakota Community 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.
Note
of Amendment: Rule 41 was added
to the Code in November, 1994.
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