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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