Judicial Code

Chapter V:  Rules of Procedure

for divorce, annulment, property division, visitation and child custody actions

Section 5: Prehearing conferences

a.         Prehearing statement.

Each party shall complete a prehearing conference statement substantially in the form set forth at the Appendix of Forms to this Code which shall be served upon all parties and mailed to or filed with the Tribal Court at least 10 days prior to the date of the prehearing conference.

b.         Prehearing conference attendance.

(1)            Parties and counsel.   Unless excused by the Tribal Court for good cause, the parties and lawyers who will try the proceedings shall attend the prehearing conference, prepared to negotiate a final settlement.  If a stipulation is reduced to writing prior to the prehearing conference, the case may be heard as a default at the time scheduled for the conference.  In that event, only the party obtaining the decree need appear.

(2)            Failure to appear--sanctions.   If a party fails to appear at a prehearing conference, the Tribal Court may dispose of the proceedings without further notice to that party.

(3)            Failure to comply--sanctions.   Failure to comply with the rules relating to prehearing conferences may result in the case being stricken from the contested calendar, granting of partial relief to the appearing party, striking of the non-appearing party's pleadings and the hearing of the matter as a default, award of attorney fees and costs, and such other relief as the Tribal Court finds appropriate, without further notice to the defaulting party.

c.         Prehearing conference order.

If the parties are unable to resolve the case, in whole or in part, at the prehearing conference, the Tribal Court shall issue an order which schedules any remaining discovery and any contemplated motions, identifies the contested issues for trial, and provides for the exchange of witness lists and exhibits to be offered at trial.

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