Judical Code

Section 7. Final hearings.

a. Failure to appear--sanctions.

Failure to appear at the scheduled final hearing 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, an award of the attorney's fees and costs, and such other relief as the Tribal Court finds appropriate, without further notice to the defaulting party.

b. Stipulations entered in open Tribal Court--preparation of findings.

Where a stipulation has been entered orally upon the record, the lawyer directed to prepare the decree shall submit it to the Tribal Court with a copy to each party. Unless a written, fully executed stipulation is filed or unless the decree contains the written approval of the lawyer for each party, a transcript of the oral stipulation shall be filed by the lawyer directed to prepare the decree. Responsibility for the cost of the transcript shall be determined by the Tribal Court. Entry of the decree shall be deferred for 14 days to allow for objections unless the decree contains the written approval of the lawyer for each party.

Section 8. Final decree.

a. Notices; service.

(1) Awards of child support and/or maintenance. All judgments and decrees which include awards of child support and/or maintenance, unless otherwise directed by the Tribal Court, shall include notification to both parties that:

(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 seek relief through proper motion filed with the Tribal Court.

(iii) The payment of support or maintenance, or both, takes priority over payment of debts and other obligations. An aggrieved obligee of child support or maintenance payments may seek relief through proper motion filed with the Tribal Court.

(iv) A party who remarries after dissolution and accepts additional obligations of support does so with full knowledge of her or his prior obligations under this proceeding.

(v) Child support and maintenance are based on annual income, and it is the responsibility of a person with seasonal employment to budget income so that the payments are made regularly throughout the year as ordered.

(2) Public assistance. When a party is receiving or has applied for public assistance, the party obtaining the judgment and decree shall serve a copy on the agency responsible for child support enforcement, and the decree shall direct that all payments of child support and spousal maintenance shall be made to the agency providing the assistance for as long as the custodial parent is receiving assistance.

(3) Child support enforcement. When a private party has applied for or is using the services of the local child support enforcement agency, a copy of the decree shall be served by mail upon the agency involved by the party submitting the decree for the Court's execution.

(4) Supervised custody or visitation. A copy of any judgment and decree directing ongoing supervision of custody or visitation shall be provided to the appropriate agency by the party obtaining the decree.

b. Required notices.

Where this Domestic Relations title or the Prairie Island Mdewakanton Dakota Community Rules of Civil Procedure require that certain subjects be addressed by notices in an order or decree, the notices shall not be included verbatim but shall be set forth in an attachment and incorporated by reference.

c. Sensitive matters.

Whenever the findings of fact include private or sensitive matters, a party may submit a judgment and decree supported by separate documents comprising findings of fact, conclusions of law, and order for judgment.