
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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