Judical Code

Judicial Code

Chapter VI: Motions and Briefs

Rule/Section: 601-602

Rule 601. Motions.

(a) [ Moving Papers] An application to the Appellate Court for an order or other relief shall be made by filing a motion with the Clerk for such order or relief with proof of service on all other parties. The motion shall state with particularity the grounds on which it is based and shall set forth the order or relief sought. If briefs, affidavits, or other papers support a motion, they shall be served and filed with the motion.

(b) [Opposition to Motions] Any party may file a response in opposition to a motion, other than one for a procedural order, within seven (7) days after service of the motion.

(c) [Form of Motions and Number of Copies for Filing] A motion or other paper addressed to the Appellate Court shall contain a caption setting forth the name of the Court, the title of the case, the file number, and a brief descriptive title indicating the purpose of the paper. All motions must be typewritten or, if handwritten, printed in a legible manner. Three (3) copies of a Motion shall be filed with the original, but the Clerk may require that additional copies be furnished.

(d) [Fee for Motions] All motions presented to the Appellate Court must be accompanied by a fee as set forth in Appendix A of this Code. The fee must be paid at the time the motion is filed.

(e) [Request for Clarification of a Point of Procedure] Any party to an appeal may file a motion with the Clerk requesting clarification of a point of procedure. Upon request, the Clerk shall provide a party with a summary explaining the most frequently asked questions regarding points of Appellate Court procedures. Any questions not answered by the summary may be addressed to the Clerk. Any questions the Clerk cannot answer may be directed to any of the Justices, either individually or as a group, upon noticed motion.

(f) [Determination of Motions for Procedural Orders] Motions for procedural orders may be acted upon at any time, without awaiting a response thereto. Any party adversely affected by such action may request reconsideration, vacation or modification of such action.

(g) [Authority of a Single Justice to Entertain Motions] A single Justice of the Appellate Court may entertain and may grant or deny any request for relief which under this Code may properly be sought by motion, except that a single Justice may not dismiss or otherwise determine an appeal or other proceeding, and except that the Appellate Court may provide by order or Rule that any motion or class of motions must be acted upon by the entire Court. The entire Appellate Court may review the action of a single Justice.

Rule 602. Briefs of Parties.

(a) [Appellant’s Opening Brief] The opening brief of the Appellant shall be in the following format:

(1) A cover page.

(2) A table of contents and a table of authorities that includes all cases cited in the brief (alphabetically arranged), as well as all statutes, Court Rules, Tribal laws and other authorities cited, with reference to the pages of the brief where they are cited.

(3) A page that sets forth a concise statement of the issues presented for review, and a request for oral argument if sought.

(4) A statement of the case. The statement shall briefly state the nature of the case, the course of proceedings and the by the Tribal Court. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record.

(5) A summary of argument. A separate legal argument for each issue presented to the Appellate Court.

(6) Points and authorities. The points and authorities provision shall contain the contentions of the Appellant with respect to the issues presented, and the reasons therefore. The points and authorities shall cross-reference all citations to the authorities including all statutes, Court Rules, Tribal laws and all portions of the record on appeal that support the arguments made.

(7) A short conclusion stating the precise relief sought.

(b) [Respondent’s Brief] The responsive brief shall conform to the requirements of Rule 602(a), except that a statement of the issues or of the case need not be made unless the Respondent is dissatisfied with the statement of the Appellant. Argument shall be limited to the argument in Appellant’s opening brief.

In the event that the constitutionality of a law of the Prairie Island Indian Community is challenged, and the Tribe is notified of the challenged and intervenes in the proceedings as provided for in these Rules, the Community shall be considered a party Respondent for the purposes of the Appeal.

(c) [Appellant’s Reply Brief] The Appellant may file a brief in reply to the Respondent’s brief and the Respondent may file a brief in reply to the response of the Appellant. Argument shall be limited to the argument in the responsive brief. No additional or supplementary briefs may be filed except with leave of Court requested pursuant to a noticed motion or upon invitation by the Appellate Court.

(d) [References in Briefs to Parties] Counsel will be expected in their briefs and oral arguments to keep to a minimum references to parties by such designations as “Appellant” and “Respondent.” To promote clarity, parties shall use the actual names of the parties, descriptive terms such as “the employee,” “the injured person,” “the taxpayer,” “the car,” or the names of the parties, or the designations used in the Tribal Court.

(e) [Length of Briefs] Except by permission of the Court, Appellant’s Opening Brief and Respondent’s Brief shall not exceed thirty (30) pages, and Appellant’s Reply Brief shall not exceed fifteen (15) pages. The page limitations do not include the table of contents, tables of citations and any attachments or exhibits thereto. The page limits may be increased upon noticed motion by any party thereto or on the Appellate Court’s own motion.

(f) [Time for Filing and Service of Briefs] The Appellant shall serve and file their opening brief within fifteen (15) days of filing a Notice of Appeal. The Respondent shall serve and file their brief within fifteen (15) days after service of the Appellant’s opening brief. The Appellant may serve and file a reply brief within seven (7) days after service of the Respondent’s brief.

(g) [Number of Copies to be Filed and Served] Three (3) copies of each brief shall be filed with the Clerk in addition to the original, unless the Court by order shall, direct a lesser or greater number, and one (1) copy shall be served on counsel for each party.

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