Judical Code

Judicial Code

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

Rule/Section: 404-406

Rule 404. Interlocutory Appeals by Permission.

(a) [As Allowed in the Tribal Court Order] If a Judge issues an order, judgment or decree that is not appealable of right under these Rules determines that such order involves a controlling question of law as to which there is substantial grounds for difference of opinion, and that an immediate appeal from the order may materially advance the ultimate resolution of the litigation, the issuing Judge shall so state in writing in that order. The Appellate Court may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made within ten (10) days after the entry of the order, provided, that application for an appeal hereunder shall not stay proceedings in the Tribal Court, unless the Appellate Court shall so order.

(b) [By Petition of a Party] An appeal from an interlocutory order prescribed by Rule 404 may be sought by filing a petition for permission to appeal with the Clerk within ten (10) days after the entry of such order in the Tribal Court with proof of service on all other parties to the action in the Tribal Court. An order may be amended to include the prescribed statement at any time, and permission to appeal may be sought within ten (10) days after entry of the order as amended.

The petition shall contain a statement of the facts necessary to an understanding of the controlling question of law; a statement of the question itself; and a statement of the reasons why a substantial basis exists for a difference of opinion on the question and why an immediate appeal may materially advance the termination of the litigation. The petition shall include a copy of the order from which the appeal is sought and any findings of fact, conclusions of law and opinion relating thereto. Within seven (7) days after service of the petition, an adverse party may file an answer in opposition. The application and answer shall be submitted without oral argument unless otherwise ordered. The petition and any opposition papers filed thereto shall not exceed ten (10) pages. Three (3) copies shall be filed with the original, but the Appellate Court may require that additional copies be furnished.

Rule 405. Appeals of Discovery Orders.

The Appellate Court will not entertain appeals from discovery orders absent a showing of extraordinary circumstances by the party seeking to take the appeal.

Rule 406. Voluntary Dismissal of Appeal.

(a) [Dismissal in the Tribal Court] The appeal may be dismissed by the Tribal Court upon the filing of a stipulation for dismissal signed by all the parties, or upon motion and notice by the Appellant.

(b) [Dismissal in the Appellate Court] The parties to an appeal or other proceeding may sign and file an agreement with the Clerk that the proceeding be dismissed. The agreement shall specify the terms as to payment of costs. All fees due shall be paid concurrent with the filing of the dismissal. Upon receipt of a request for dismissal, the Clerk shall enter the case dismissed, but no mandate or other process shall issue without an order of the Appellate Court. An appeal may be dismissed on motion of the Appellant upon such terms as may be agreed upon by the parties or as otherwise set by the Court.

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