Judical Code

Section 1. Applicability of rules.

This chapter applies to all proceedings dealing with divorce and child custody. If any conflict exists between these rules and the Rules of Civil Procedure, these rules shall be applicable.

Section 2. Commencement; continuance; time; parties.

a. Commencement of proceedings.

(1) Marriage dissolution proceedings shall be commenced by service of a summons and petition upon the person of the other party, or by publication pursuant to Tribal Court order.

Service of process in other domestic relations matters shall be governed by the Rules of Civil Procedure unless otherwise noted.

(2) No summons shall be required if a joint petition is filed. Proceedings shall be commenced when both parties have signed the verified petition and filed it with the Court.

(3) Service of the summons and petition may be made by publication only upon an order of the Tribal Court. If the respondent subsequently is located, personal service shall be made before the final hearing.

If a trial date has been established by the Court pursuant to a scheduling order after consultation with the parties, the Court shall decline to consider requests for continuance except those made by motion or when a judge determines that an emergency exists. A single request for a reasonable continuance of a trial date, by notice without hearing, may be granted by the Court upon agreement of all parties, provided that the request is made within 20 days after notice of the trial date to the parties. All other requests for continuance shall be made by motion with notice to all parties. No continuance of a motion hearing shall be granted unless requested within 3 days of receiving notice under Section (3)(a)(1) of this Chapter, unless good cause is shown.

Time is governed by the Prairie Island Mdewakanton Dakota Community Rules of Procedure, except where a different time is specified in this Domestic Relations title. Procedural time limits may be shortened for good cause shown.

(1) Parties to dissolution and custody proceedings shall be designated as petitioner (joint petitioners) and respondent. After so designating the parties, it is permissible to refer to them as wife and husband by inserting the following in any petition, order, decree, etc.:

Petitioner is hereinafter referred to as (wife/husband), and respondent as (husband/wife).

(2) A guardian ad litem for minor children may be designated a party to the proceedings in the order of appointment.