
Judicial Code
Chapter V : Rules of Procedure
for divorce, annulment, property division, visitation and child custody actions
Section: 3 a&b
Section 3.
Motions; Ex parte relief; Orders to show cause; Orders and decrees.
a.
Scheduling of motions.
(1)
Notice.
(i)
All motions shall be accompanied by either an order to show cause or by
a notice of motion which shall state, with particularity, the time and place
of the hearing and the name of the judge, referee, or judicial officer, as
assigned by the Clerk of the Prairie Island Mdewakanton Dakota Tribal Court.
(ii)
Except in cases in which the parties reside in the same residence and
there is a possibility of abuse, a party who obtains a date and time for
hearing a motion shall promptly give notice of the hearing date and time and
the name of the judge or referee, if known, to all other parties in the
action. If the parties reside in
the same residence and there is a possibility of abuse, notice shall be given
in accordance with the Prairie Island Mdewakanton Dakota Community Rules of
Civil Procedure.
(2)
Notice of time to respond.
All motions and orders to show cause shall contain the following
statement:
"All
responsive pleadings shall be served and mailed to or filed with the Prairie
Island Mdewakanton Clerk of Tribal Court no later than five days prior to the
scheduled hearing. The Court may,
in its discretion, disregard any responsive pleadings served or filed with the
Clerk of Courts less than five days prior to such hearing in ruling on the
motion or matter in question."
b.
Form of motion.
(1)
Specificity and supporting documents.
Motions shall set out with particularity the relief requested in
individually numbered paragraphs. All
motions must be supported by appropriate affidavits, relevant and material to
the issues before the Court. The
paragraphs of the affidavits should be specific and factual; where possible,
they should be numbered to correspond to the paragraphs of the motion.
(2) Application for temporary relief. When temporary financial relief is initially requested, such as child support, maintenance and attorney's fees, the application for temporary relief form set forth at the Appendix of Forms to this Code shall be served and filed by the moving and responding parties. Additional facts, limited to relevant and material matters, shall be added at paragraph 10 of the application form or by supplemental affidavit. Sanctions for failure to comply include, but are not limited to, the striking of pleadings or hearings.
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Copyright © 2003, Prairie Island Indian Community. (Updated 3-3-03.)