Judical Code

Judicial Code

Chapter III: Initiating an Appeal

Rule/Section: 303-307

Rule 303. Bond for Costs on Appeal in Civil Cases.

The Tribal Court may require an Appellant to file a bond or provide other security in such form and amount as it finds necessary to ensure payment of costs on appeal in a civil case.

Rule 304. Cases Involving Constitutional or Indian Civil Rights Act Questions Where the Tribe is Not a Party.

It shall be the duty of a party who questions the constitutionality (or unlawfulness under the Indian Civil Rights Act of 1968) of any statute, ordinance, or other action of the Tribal Council in any proceeding in the Appellate Court to which the Tribe, or any agency, officer, or employee thereof in their official capacity is not a party, upon the filing of the record, or as soon thereafter as the question is raised in the Appellate Court, to give immediate notice in writing to the Appellate Court of the existence of said question. Upon notice, the Clerk shall immediately inform the Tribal Secretary who may intervene upon such question at the sole discretion of the Tribal Council.

Rule 305. Appearance of Counsel and Withdrawal of Counsel.

Any attorney or lay advocate making an appearance shall enter their appearance by signing and filing a pleading or by entry of appearance on a form prescribed by the Clerk. In the event a party should change counsel or add additional counsel, the new or additional counsel shall enter their appearance on a form to be provided by the Clerk for that purpose. Counsel of record in any case shall be permitted to withdraw only by the express written consent of their client or by order of the Appellate Court.

Rule 306. Service of All Papers Required.

Copies of all papers filed by any party shall, at or before the time of filing, be served by that party or person acting on their behalf on all other parties to the appeal. Service on a party represented by counsel or lay advocate shall be made on the counsel or lay advocate.

Rule 307. Manner of Service.

Service may be effectuated by personal or by U.S. mail, Express Mail, overnight delivery or any other manner allowed by the Prairie Island Indian Community Rules of Civil Procedure for service of Tribal Court motions or briefs. Service by facsimile transmission is not permitted.

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