c.         Motion practice.

(1)            Requirements for motions.

(i)            Moving party, supporting documents, time limits.   No motion shall be heard unless the initial moving party serves a copy of the following documents on opposing counsel, or responding party if not represented by counsel, and files the original with the Clerk of Tribal Courts at least 14 days prior to the hearing:

(a)            Notice of motion in form required by Section (3)(a)(1) of this Chapter;

(b)            Motion;

(c)            Any relevant affidavits and exhibits; and

(d)            Any memorandum of law the party intends to submit.

    (ii)            Motion raising new issues.   A responding party raising new issues other than those raised in the initial motion shall serve a copy of the following documents on opposing counsel, or responding party if not re­pre­sen­ted by counsel, and shall file the original with the Clerk of Tribal Courts at least 10 days prior to the hearing:

(a)            Notice of the motion in form required by Section (3)(a)(1) of this Chapter;

(b)            Motion;

(c)            Any relevant affidavits and exhibits; and

(d)            Any memorandum of law the party intends to submit.

(iii)            Responding party, supporting documents, time limits.  The party responding to issues raised in the initial motion, or the party responding to a motion which raises new issues, shall serve a copy of the following documents on opposing counsel, or responding party if not represented by counsel, and shall file the original with the Clerk of Tribal Courts at least five days prior to the hearing, inclusive of Saturdays, Sundays, and holidays:

(a)            Any memorandum of law the party intends to submit;

(b)            Any relevant affidavits and exhibits.

(iv)            Computation of time for service and filing by mail.  Whenever this rule requires documents to be filed with the Clerk of Tribal Courts within a prescribed period of time before a specific event, filing may be accomplished by mail, subject to the following:

(a)            3 days shall be added to the prescribed period; and

(b)            Filing shall not be considered timely unless the documents are deposited in the mail within the prescribed period.  If the matter of timeliness is contested, only the official post-mark of the U.S. Mail, Federal Express, or U.P.S. shall be considered by the Court.

(c)            Service by mail is complete upon mailing.

(2)            Failure to comply.   In the event an initial moving party fails to timely serve and file documents required in this rule, the hearing may be canceled by the Court.  If responsive papers are not properly served and filed, the Tribal Court may deem the initial motion or motion raising new issues unopposed and may issue an order without hearing.  The Court, in its discretion, may refuse to permit oral argument by the party not filing the required documents, may consider the matter unopposed, may allow reasonable attorney's fees, or may take other appropriate action.

(3)            Settlement efforts.   No motion, except motion for temporary relief, will be heard unless the parties or their representatives have conferred either in person , or by telephone, or in writing in an attempt to resolve their differences prior to the hearing.  The moving party shall initiate such conference.  The moving party shall certify to the Tribal Court, before the time of the hearing, compliance with this rule or any reasons for not complying, including lack of availability or cooperation of opposing party or counsel. Whenever any pending motion is settled, the moving party shall promptly advise the Tribal Court.

(4)            Motion with request for oral testimony.   Motions, except for contempt proceedings, shall be submitted on affidavits, exhibits, documents subpoenaed to the hearing, memoranda, and arguments of counsel unless otherwise ordered by the Tribal Court for good cause shown.  If demand is made for the taking of oral testimony, and if the matter cannot be heard adequately in the scheduled time, the hearing shall be utilized as a prehearing conference.  Requests for hearing time in excess of one-half hour shall be submitted by written motion specifically setting forth the necessity and reason that evidence cannot be submitted by affidavit.  The motion shall include names of witnesses, nature and length of testimony, including cross-examination, and types of exhibits, if any.  The Tribal Court may issue an order limiting the number of witnesses each party may call, the scope of their testimony, and the total time for each party to present evidence.  Such an order shall be made only after each party or her/his representative has had an opportunity to suggest appropriate limits.  Any motion relating to custody or visitation shall additionally state whether either party desires the Tribal Court to interview minor children.  No child under the age of fourteen years will be allowed to testify without prior written notice to the other party and Tribal Court approval.

d.         Ex parte relief.

(1)            Motion.   The Tribal Court may grant ex parte relief only if requested by a motion with supporting affidavit, properly executed.

(2)            Order to show cause.   An order to show cause shall not be used to grant ex parte relief except in those cases where a finding of contempt or the supporting affidavit makes an affirmative showing of:

(i)            A need to require the party to appear in person at the hearing; or

(ii)            The need for interim support is warranted; or

(iii)            The production of limited financial information deemed necessary by the Tribal Court; or

(iv)            Such other limited relief and appropriate restraining orders, as addressed individually in the separate supportive affidavit for ex parte relief.

(3)            Filing.   All such orders and supporting documents must be filed with the order appropriately signed out for personal service.  A conformed file copy of such order shall be retained by the Clerk of Tribal Courts in the file.

(4)            Interim support order.  To insure support for an unemployed party or a party with children pending a full temporary hearing, an initial order to show cause may, if the situation warrants, contain the following:

IT IS FURTHER ORDERED that pending the aforesaid scheduled hearing, you, shall pay to the (petitioner) (respondent) commencing forthwith     percent of your net earnings after the usual deductions for FICA, withholding taxes and group insurance, such payments to be made within 24 hours of your receipt of such earnings for each pay period.  These payments are to insure that provision is made by you for the support of your (wife) (husband) (and) (children) pending the aforesaid hearing.

The percentage to be used will be in accordance with the child support guidelines of this Code and such other factors related to maintenance as the Tribal Court deems appropriate.  There must be a showing in the Application for Temporary Relief of separate affidavit of the necessity for the interim order for support.

(5)            Orders to show cause shall be obtained in the same manner specified for ex parte relief.   Such orders may require production of limited financial information deemed necessary by the Tribal Court.  An order to show cause shall be issued only where the motion seeks a finding of contempt or the supporting affidavits makes an affirmative showing of:

(i)            A need to require the party to appear in person at the hearing; or

(ii)            The need for interim support is warranted; or

(iii)            The production of limited financial information deemed necessary by the Tribal Court; or

(iv)            Such other limited relief and appropriate restraining orders, as addressed individually in the separate supportive affidavit for ex parte relief.

(6)            Orders and decrees requiring child support or maintenance.   All orders and judgments and decrees which include awards of child support and/or maintenance, unless otherwise directed by the Tribal Court, shall include the following provisions:

(i)            Payment of support or maintenance, or both, is to be as ordered herein, and the giving of gifts or making purchases of food, clothing, and the like will not fulfill the obligation.

(ii)            Payment of support must be made as it becomes due, and failure to secure, or denial of rights of, visitation is not an excuse for non-payment, but the aggrieved party must