Judicial Code

Chapter VII: Prehearing Conference, Oral Argument, Rehearing and Issuance of Mandate

Rule/Section: 701-707

Rule 701.  Prehearing Conference.

      The Appellate Court may direct that the attorneys and/or advocates for the parties appear before the Court or a Justice of the Court for a prehearing conference to consider the simplification of the issues, the process of the appeal and such other matters as may aid in the timely and efficient disposition of the proceeding. The Appellate Court or a Justice of the Appellate Court shall make an order which recites the action taken at the conference and any agreements made by the parties and limiting the issues to those not disposed of by admissions or agreements of counsel.

Rule 702.  Oral Argument in General.

      Oral argument shall be allowed in all cases unless the Appellate Court, after examination of the briefs and record, unanimously decide that oral argument is not needed. In such cases the Appellate Court shall notify the parties of its intention to proceed without oral argument, and shall provide the parties of record an opportunity to file a statement setting forth the reasons why oral argument should be allowed. Oral

argument will be allowed upon request unless the Court unanimously determines that any one of the following three factors is present:

      (a)  the appeal is frivolous;

(b) the dispositive issue or set of issues has been recently authoritatively decided; or

      (c)  the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument.

Rule 703.  Notice of Argument; Postponement.

      The Clerk shall advise all parties whether oral argument is to be heard, and if so, of the time and place therefore, and the time to be allowed each side. A request for postponement of the argument or for allowance of additional time must be made by noticed motion filed no less than five (5) days in advance of the date fixed for hearing.

Rule 704.  Submission of Exhibits For Oral Argument.

      When the parties have been notified by the Clerk that an appeal has been set for hearing, each party shall file with the Clerk a notice specifying the original exhibits either admitted in evidence or rejected that they desire be forwarded to the Appellate Court.  The Clerk shall arrange the exhibits and list them. The exhibits and two duplicates of such list shall be forwarded to the Appellate Court and a single duplicate to each party at least ten (10) days before oral argument.  If any papers are illegible or otherwise unusable, the Appellate Court may require new copies to be made and filed.  The Appellate Court at any time may request that the Clerk transmit any original exhibits to it.  The Appellate Court, on application, may return any original exhibit to the Tribal Court for use in any other proceeding.

Rule 705.  Courtroom Decorum.

      All persons appearing before the Appellate Court, whether legal counsel, an advocate, a party or a Justice shall observe the following rules of decorum:

      (a) Be punctual in attendance.

      (b) Refrain from employing delay tactics.

      (c) Hand all papers intended for the Court’s consideration to the Clerk, who, in turn will pass them up to the Justices.

      (d) Avoid disparaging personal remarks or hostility toward opposing counsel and remain uninfluenced by any ill feeling between the respective clients.

      (e) Rise when addressing, or being addressed by the Court.

      (f) Refrain from assuming an undignified posture. Counsel should always be attired in a proper and dignified manner as befits an officer of the Court and should abstain from any action or activity calculated to attract unnecessary attention to themselves.

      (g) No propping of feet on tables or chairs will be permitted.

      (h) Everyone must rise when instructed to do so, upon opening, closing, or declaring recesses of Court.

      (i) No food or beverages are allowed in the Courtroom.

      (j) Any person who appears in Court intoxicated or under the influence of intoxicants, drugs or narcotics may be held in contempt.

Rule 706.  Order and Content of Argument.

      The Appellant shall open and conclude the oral argument before the Appellate Court. The Appellant’s opening argument shall include a statement of the case. Counsel will not be permitted to read at length from briefs, records or authorities.  Additionally, counsel will not be allowed to raise matters for the first time in oral argument. Any attempt by counsel to introduce matters for the first time at oral argument will be disregarded by the Appellate Court absent prior notice to the Court and all parties to the appeal, and only in the event that the Appellate Court finds good cause.

Rule 707.  Non-Appearance of Parties.

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