Judical Code

Judicial Code

Chapter I: General Provisions

Rule/Section: 104-106

Section 104. Suspension and Revision of Rules.

(a) In the interest of judicial economy or for other good cause shown, the Appellate Court may, except as otherwise provided in this Code, suspend the requirements or provisions of any Rule of this Code in a particular case on application of a party or on its own motion, and may order proceedings in accordance with its direction. However, in no instance may a matter be heard in the Appellate Court until after the matter has first been heard at the Tribal Court level.

(b) The Appellate Court is authorized to amend any provision of these Rules by Court Rule duly adopted and filed in the Clerk’s Office and the Tribal Secretary’s Office. Any such Rule of Court that would have the effect of amending this Code shall state its intent to amend this Code, and shall not be effective until it has been filed in the Tribal Secretary’s Office for a period of sixty (60) days, within which time the Tribal Council may veto said Rule. If not vetoed, such Rule shall take effect on the sixty-first day after filing or on such later date as may be provided by the Court.

Section 105. Discretionary Authority.

Where no procedure is provided in these Rules or other Tribal statutes, the Appellate Court may proceed to exercise its functions in any lawful manner.

Rule 106. Representation before the Appellate Court.

Subject to attorney licensing requirements in Title I, Chapter V, Section 2 of the Judicial Code, any person who is a party in a proceedings before the Appellate Court may represent their own interests, be represented by another Tribal member, or be represented by a professional attorney who is not a member of the Tribe, but who is licensed to practice law before the Tribal Court.

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