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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