Judical Code

Judicial Code

Chapter III: Initiating an Appeal

Rule/Section: 301-302

Rule 301. Filing of Notice of Appeal.

(a) [Form of Notice] A Notice of Appeal from a judgment of the Tribal Court must be filed with the Clerk of Court within thirty (30) calendar days from the date of entry of the final Tribal Court judgment or order. The Notice shall be signed by the Appellant or by their attorney of record and shall state that the Appellant appeals from a specified judgment or order. A Notice of Appeal shall be liberally construed in favor of its sufficiency. The Appellant shall serve copies of the Notice of Appeal on all parties. Failure to serve the Notice of Appeal shall not prevent its filing, but on reasonable notice, the Appellant may be required to remedy the failure.

(b) [Extension of Time to File Notice of Appeal] Upon a motion showing excusable neglect or good cause, the Tribal Court may extend the time for filing a Notice of Appeal for a period not to exceed sixty (60) days from the date of entry of the final judgment or order. Any such motion must be filed within thirty (30) days from the date of entry of the final judgment or order and may be opposed in writing by any other party.

(c) [Payment of Filing Fee in Civil Appeals] A party filing a Notice of Appeal shall pay a filing fee as set forth in Appendix “A” of these Appellate Rules to the Clerk at the time the Notice of Appeal is filed, unless proceedings are without costs to the Appellant. If the Appellant is indigent, payment of the filing fee may be excused on the same basis the filing fee in the Tribal Court is excused.

Rule 302. Transmission of Record.

(a) [Deadline for Transmission of Record] The Clerk of Court shall forward the Notice of Appeal and the Trial Court Record to the Appellate Court within 5 business days after the filing of a conforming Notice of Appeal.

(b) [Composition of the Record on Appeal] The original papers and exhibits filed in the Tribal Court, the transcript or tape recording of the proceedings, if any, and a certified copy of the final judgment or order of the Tribal Court shall constitute the record on appeal in all cases.

(c) [Agreed Statement of Record on Appeal] An appeal may be presented on record consisting in whole or in part of an agreed statement. Within thirty (30) days after filing the Notice of Appeal, the Appellant shall file with the Clerk two (2) copies of such statement signed by the parties. The statement shall state the nature of the controversy, the basis on which it is claimed, that the Appellate Court has jurisdiction, and how the questions arose and were decided by the Tribal Court, and should set forth only such facts alleged and proved, or sought to be proved, as are necessary to a determination of the questions on appeal. The statement shall contain a copy of the judgment and a copy of the Notice of Appeal.

Within ten (10) days after filing the Notice of Appeal, the parties may file with the Clerk a preliminary stipulation stating that they are attempting to prepare an agreed statement.

(d) [Notification of Appeal; Transmission and Filing of Record].

(1) [Action Upon Receiving Notification of Notice of Appeal] If a Notice of Appeal is not accompanied by the filing fee or if a check given in payment of the filing fee is returned dishonored, the Clerk shall notify the Appellant in writing that the appeal will be dismissed unless, within fifteen (15) days after mailing of the notice, the Appellant either tenders the fee and shows good cause why it was not paid or shows good cause why the fee should be excused. If an adequate excuse for nonpayment is not shown within that time the appeal may be dismissed at the discretion of the Appellate Court.

(2) [Filing the Record] When the record on appeal has been completed, the Clerk shall transmit any original transcripts or agreed statements to the Appellate Court. When these are received the record shall be filed. The Clerk shall mail notice to the parties stating the date the record was filed.

(3) [Failure to Procure Record; Dismissal of Appeal] If the Appellant fails to perform any act necessary to procure the filing of the record within the time allowed, or within any valid extension of that time, and such failure is the fault of the Appellant and not of any court officer or any other party, the appeal may be dismissed on motion of the Respondent or on the Appellate Court’s own motion.

Upon Appellant’s default, the Clerk shall forthwith mail a notice to the Appellant. The notice shall inform the Appellant that the appeal will be dismissed if Appellant fails to perform the act(s) necessary to procure the record as enumerated in the notice within fifteen (15) days of the date of the mailing of the notification. If the Appellant fails to do the act(s) within this time, the Clerk shall notify the Appellate Court and the appeal may be dismissed at the discretion of the Appellate Court.

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