Judical Code

a. Scope.

The purpose of this rule is to provide a uniform system for scheduling matters for disposition and trial in proceedings in Tribal Court for all domestic relations decisions.

b. The party's informational statement.

Within 30 days after filing an action or within 30 days after a temporary hearing, whichever is later, each party shall submit, on a form to be available from the Tribal Court (Appendix of Forms to this Code), the information needed by the Tribal Court to manage and schedule the case. The information provided shall include:

(1) Whether minor children are involved, and if so:

(i) Whether custody is in dispute; and

(ii) Whether the case involves any issues seriously affecting the welfare of the children;

(2) Whether the case involves complex evaluation issues, and/or marital and non-marital property issues;

(3) Whether the case needs to be expedited, and if, so, the specific supporting facts;

(4) Whether the case is complex, and if so, the specific supporting facts;

(5) Specific facts about the case which will affect readiness for trial; and

(6) A proposal for establishing any of the deadlines or dates to be included in a scheduling order pursuant to this rule.

c. Scheduling order.

(1) When issued. Within 45 days after filing an action or 45 days after a temporary hearing, whichever is later, the Tribal Court shall enter its scheduling order. The Tribal Court may issue the order after either a telephone or in-court conference, or without a conference or hearing if none is needed.

(2) Contents of order. The scheduling order may establish any of the following:

(i) Deadlines of specific dates for the completion of discovery and other pretrial preparation;

(ii) Deadlines or specific dates for serving, filing, or hearing motions;

(iii) Deadlines or specific dates for completion and review of custody/visitation mediation and evaluation or property mediation and evaluation;

(iv) A deadline or specific date for the prehearing conference;

(v) A deadline or specific date for the trial or final hearing.

d. Amendment.

A scheduling order pursuant to this rule may be amended at a prehearing conference or upon motion for good cause shown, or upon approval by authorized Tribal Court personnel if there is agreement of all parties.