Judicial Code

Chapter V:  Rules of Procedure

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

Section 6: Default

a.         Scheduling of final hearing.

To place a matter on the default calendar for final hearing, the moving party shall comply with the following, as applicable:

(1)            Without stipulation--no appearance.   In all default proceedings where a stipulation has not been filed, an affidavit of default and of non-military status of the defaulting party or a waiver by that party of any rights under the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, shall be filed with the Tribal Court.

 

(2)            Without stipulation--appearance.   Where the defaulting party has appeared by a pleading other than a response, answer, or personally without a pleading, and has not affirmatively waived notice of the other party's right to  a default hearing, the moving party shall notify the defaulting party in writing at least ten (10) days before the final hearing of the intent to proceed to Judgment.  The notice shall state:

You are hereby notified that an application has been made for a final hearing to be held not sooner than three (3) days from the date of this notice.  You are further notified that the Tribal Court will be requested to grant the relief requested in the petition at the hearing.

The default hearing will not be held until the notice has been mailed to the defaulting party at the last known address and an affidavit of service by mail has been filed.

(3)            Default with stipulation.   Whenever a stipulation settling all issues has been executed by the parties subsequent to the pre-hearing conference, the stipulation shall be filed with an affidavit of non-military status of the defaulting party or a waiver of that party's rights under the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, if not included in the stipulation.

In a stipulation where a party appears pro se, the following waiver shall be executed by that party:

I know I have the right to be represented by a lawyer of my choice.  I hereby expressly waive that right and I freely and voluntarily sign the foregoing stipulation.

b.         Preparation of decree.

In a scheduled default matter, proposed findings of fact, conclusions of law, order for judgment and judgment and decree shall be submitted to the Tribal Court in advance of, or at, the final hearing.

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