Judical Code

Judicial Code

Chapter IV: Appeals from Judgments and Orders of the Tribal Court

Rule/Section: 401-403

Rule 401. Appeals of Right.

Appeals from a final judgment are permitted as of right, provided the Notice of Appeal described in Rule 301 is filed with the Clerk within the time frames set forth therein.

Rule 402. Interlocutory Appeals as of Right.

A person may take an interlocutory appeal to the Appellate Court by right from any of the following judgments or orders of the Tribal Court:

(a) An order that grants or refuses to grant a new trial or that vacates or refuses to vacate a judgment on any grounds, including that of newly discovered evidence or the impossibility of making a record;

(b) An order that discharges, vacates or modifies, or refuses to discharge, vacate, or modify an attachment;

(c) An order that denies, grants or modifies a temporary injunction, or that discharges, vacates, or modifies, or refuses to discharge, vacate, or modify a temporary injunction;

(d) An order that discharges, vacates or modifies, or refuses to discharge, vacate, or modify a provisional remedy that affects a substantial right of any party;

(e) An order that appoints a receiver, except where the receiver was appointed at an ex parte hearing where a full hearing will be held upon application therefore, or that refuses to appoint a receiver, or vacates or refuses to vacate the appointment of a receiver, or that refuses to grant or grants an order to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property;

(f) Orders regarding the following probate matters:

(1) granting, refusing or revoking letters testamentary or of administration, or of guardianship or conservatorship;

(2) admitting or refusing to admit a will to probate;

(3) against or in favor of the validity of a will or revoking the probate thereof;

(4) against or in favor of setting apart property or making an allowance for a widow or child;

(5) against or in favor of directing the partition, sale or conveyance of any interest in real property;

(6) settling an account of an executor, administrator or guardian;

(7) refusing, allowing or directing the distribution or partition of an estate, or any part thereof or the payment of a debt, claim, legacy or distributive share;

(8) refusing or allowing the release of any tax liability; or

(9) from any other judgment, decree, or order of the Tribal Court in a probate case affecting a substantial right of a party.

Rule 403. Time for Filing Interlocutory Appeals of Right and Special Rules.

(a) [Time for Filing] The party aggrieved by an order or judgment from which an interlocutory appeal of right may be taken may appeal the order to the Appellate Court without awaiting the final determination of the action, by filing the Notice of Appeal with the Clerk within twenty (20) days after the order or judgment is issued.

(b) [Stay of Enforcement Pending Appeal] If the order or judgment discharges or modifies an attachment or preliminary injunction and it becomes operative, the security given upon the allowance of an attachment or preliminary injunction shall stay the enforcement of said order and said order shall remain in full force and effect until a final order of discharge after appeal takes effect.

(c) [Stay of Enforcement – Security] A party wishing to stay the effect of an order granting a preliminary injunction pending appellate review shall, within ten (10) days after the order is rendered, file a security in an amount sufficient to protect the non-appealing party against any damages that the party may sustain if the appeal is unsuccessful. The maximum amount of the security shall be $2,500.00, unless the Tribal Court deems a higher amount is warranted based on a showing by the4 non-appealing party. Tender of the security shall stay the effect of the preliminary injunction pending the conclusion of the appeal.

(d) [Suspension of Receiver’s Appointment Pending Appeal] If a receiver has been appointed, his or her authority shall be suspended until the final determination of the Appellate Court if the files an appeal bond in such sum as the Tribal Court may deem appropriate under the circumstances. If the receiver has taken possession of any property, real or personal, it shall be returned and surrendered to the Appellant upon the filing and approval of the bond.

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