Judical Code

Judicial Code

Chapter I: General Provisions

Rule/Section: 101-103

Rule 101. Title of this Act.

This Title shall be known as the Prairie Island Indian Community Rules of Appellate Procedure.

Rule 102. Jurisdiction.

The jurisdiction of the Appellate Court is described in Rule 104 of the Prairie Island Indian Community Judicial Code.

Rule 103. Scope and Applicability of Rules.

(a) [Scope] These Rules govern appeals to the Appellate Court from the Tribal Court of the Prairie Island Indian Community, and in applications for writs or for other relief under the Appellate Court’s exclusive jurisdiction. When these Rules provide for the making of a motion or application in the Tribal Court, the procedure for making such motion or application shall be in accordance with the practice of the Tribal Court.

(b) [Sources] Where necessary to promote fairness and justice to parties, the Appellate Court may apply the customs and traditions of the Prairie Island Indian Community and the Federal Rules of Appellate Procedure for guidance in applying and supplementing these Rules. Application of the Federal Rules will not constitute an adoption of those Rules, or federal court decisions interpreting those rules.

(c) [Construction] Words used in the present tense include the future as well as the present; the singular number includes the plural and the plural the singular; the word “person” includes a corporation as well as a natural person; the word “county” includes “city and county”; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written statement in the term “depose.”

(d) [Definitions] The following words shall mean:

1. “Appellant” shall mean the party who initiates an appeal from the Prairie Island Tribal Court.

2. “Clerk” or “Clerk of Court” shall mean the Clerk of the Prairie Island Tribal Court who shall also serve as the Clerk of the Appellate Court.

3. “En banc” shall mean by the full Court.

4. “Ex parte” shall mean without notice to an adverse party.

5. “Habeas Corpus” shall mean a proceeding to determine unlawful deprivation of liberty.

6. “In Forma Pauperis” shall mean proceeding without liability for court fees or costs.

7. “Interlocutory order” shall mean any order issued prior to a final decision.

8. “Judge” shall mean the presiding officer of the Prairie Island Tribal Court.

9. “Justice” shall mean the presiding officers of the Appellate Court.

10. “Mandate” shall mean an order or direction that a court is authorized to give.

11. “Mandamus” shall mean a directive from a court of superior jurisdiction.

12. “Month” shall mean a calendar month, unless otherwise expressed;

13. “Process” shall mean a writ or summons issued in the course of judicial proceedings;

14. “Pro se” shall mean one who appears without the aid of counsel.

15. “Tribe” shall mean the Prairie Island Indian Community.

16. “Writ” shall mean a written order or precept, issued in the name of the people, or of a court or judicial officer;

(e) [Jurisdiction Not Affected] These Rules shall not be construed to extend or limit the jurisdiction of the Appellate Court as may be established by the Constitution and Judicial Code of the Prairie Island Indian Community.

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