Judical Code

Judicial Code

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

Rule/Section: 708-712

Rule 708. Submission on the Briefs.

By unanimous written agreement of the parties, a case may be submitted for decision on the briefs, but the Court may direct that the case be argued.

Rule 709. Use of Physical Exhibits at Argument; Removal.

If physical exhibits other than documents are to be used at oral argument, counsel shall arrange to have them placed in the courtroom before the Court convenes on the date set for argument. After the argument, counsel shall remove the exhibits from the courtroom unless the Court otherwise directs.

Rule 710. Decision of the Appellate Court.

The Appellate Court shall issue its decision on appeal within 45 days of the case being submitted to the Court. The 45-day deadline shall run from the close of oral argument and formal submission to the Court or the date of the final supplemental brief being filed with the Court, if the Court requests such briefing.

Rule 711. Petition for Rehearing En banc.

(a) [Time for Filing, Content, Answer] A petition for rehearing en banc may be filed within ten (10) Court days after entry of judgment unless the time is shortened or extended by order of the Court. The petition for rehearing en banc shall be served on all parties affected by the order or judgment and must be based upon new or different facts, circumstances or law. The party making the petition shall state by affidavit what application was made before and what order or decisions were made and what new or different facts, circumstances or law are claimed through the petition. Oral argument in support of the petition will not be permitted except upon the Court’s own motion. No answer to a petition for rehearing en banc will be received unless requested by the Court.

(b) [Length of Petition] Except by permission of the Court, a petition for rehearing and any answer thereto, if allowed, shall not exceed fifteen (15) pages. Any reply shall not exceed five (5) pages.

(c) [New or Different Law] For the purposes of this section, an alleged new or different law shall not include a later enacted statute without a retroactive application.

(d) [Action by Court] If a petition for rehearing is granted, the Court may make a final disposition of the case without further argument, or may restore it to the calendar for further argument or resubmission, or may make such other orders as are deemed appropriate under the circumstances of the case.

(e) [Court’s Inherent Power to Correct Orders] If the Court at any time determines that there has been a change of law or an error in consideration of existing law or facts that warrants reconsideration of a prior order, it may do so on its own motion and enter a new or different order.

Rule 712. Issuance of Mandate.

The mandate of the Court shall issue twenty-one (21) days after the entry of judgment, or the issuance of a decision after appeal or after rehearing, whichever is latest, unless the time is shortened or enlarged by order of the Appellate or Tribal Court. A certified copy of the judgment and a copy of the opinion of the Court, if any, and any order for costs shall constitute the mandate, unless the Court directs that a formal mandate issue. The timely filing of a petition for rehearing will stay the mandate until disposition of the petition unless otherwise ordered by the Court. If a rehearing petition is requested and the petition is denied, the mandate shall issue seven (7) days after entry of the order denying the petition unless the time is shortened or enlarged by order.

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