Judical Code

Judicial Code

Chapter V: Effect of Appeals on Judgments

Rule/Section: 501-505

Rule 501. Entry of Judgment.

The Clerk shall prepare, sign and enter the judgment following receipt of the opinion of the Court. If a judgment is rendered without an opinion, the Clerk shall prepare, sign and enter the judgment following instruction from the Court. The Clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or of the judgment if no opinion was written, and notice of the date of entry of the judgment.

Rule 502. Interest on Judgments.

Unless otherwise provided by Tribal law, if a judgment for money is affirmed, law allows shall be payable from the date the judgment was entered in the Tribal Court. If a judgment is modified or reversed with a direction that a judgment for money be entered in the Tribal Court the mandate shall contain instructions with respect to allowance of interest and the rate to be charged.

Rule 503. Stay or Injunction Pending Appeal.

Application for a stay of the underlying judgment or order of Tribal Court pending appeal or for an order suspending, modifying, restoring or granting an injunction while an appeal is pending must ordinarily be made in the first instance in the Tribal Court. A motion for such relief may be made to the Appellate Court but the motion shall show that application to the Tribal Court for the relief sought is not practicable, or that the Tribal

Court has denied an application, or has failed to afford the relief that the applicant requested, with the reasons given by the Tribal Court for its action. The motion shall also

show the reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute affidavits or other sworn statements or copies thereof shall support the motion. With the motion shall be filed such parts of the record as are relevant to the motion. Reasonable notice of the motion shall be given to all parties. The motion shall be filed with the Clerk and will be considered by the entire Court. In cases where relief has not been previously requested in the Tribal Court, the Appellate Court may, if it determines such action to be appropriate under the circumstances, remand the motion to the Tribal Court for its initial determination.

Rule 504. Costs and Sanctions for Frivolous Appeals.

If the Appellate Court determines that an appeal is frivolous or that it has been taken for improper purpose, including but not limited to, to unduly delay the proceedings or to harass or cause undue expense to a non-appealing party, it may award the non-appealing party its costs and attorney’s fees, may impose sanctions against the appealing party, or both.

Rule 505. Costs on Appeal Taxable in the Tribal Court.

Costs incurred in preparation and transmission of the record, the premiums paid for cost of bonds to preserve rights pending appeal, and the fee for filing the Notice of Appeal shall be taxed in the Tribal Court as costs of the appeal in favor of the party entitled to costs under this Code.

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