Judical Code

Judicial Code

Chapter VIII: Proceedings in Forma Pauperis

Rule/Section: 801-803

Section 801. Leave of Tribal Court to Proceed to Appellate Court.

A party to an action in the Tribal Court who desires to proceed on appeal in forma pauperis shall file in the Tribal Court a motion for leave to proceed, together with an affidavit showing, in explicit detail, an inability to pay fees and costs, their belief that they are entitled to redress, and a statement of the issues which they intend to present on appeal. If the motion is granted, the party may proceed without further application to the Appellate Court, and without prepayment of fees or costs in either Court or the giving of

security therefore. If the motion is denied, the Tribal Court shall state in writing the reasons for the denial.

Rule 802. Special Rule for Parties Previously Granted Permission to Proceed In Forma Pauperis.

Notwithstanding the provisions of the preceding Rule, a party who has been permitted to proceed in an action in the Tribal Court in forma pauperis or a case involving the termination of parental rights, may proceed on appeal in forma pauperis without further authorization unless, before or after the Notice of Appeal is filed, the Tribal Court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled to proceed in forma pauperis, in which event the Tribal Court shall state in writing the reasons for such certification or finding.

Rule 803. Remedy for Denial of Motion by Tribal Court.

If a motion for leave to proceed on appeal in forma pauperis is denied by the Tribal Court, or if the Tribal Court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled to proceed in forma pauperis, the Clerk shall forthwith serve notice of such action. A motion for leave to proceed may then be filed in the Appellate Court within thirty (30) days after service of notice of the action of the Tribal Court. The motion shall be accompanied by a copy of the affidavit filed in the Tribal Court, or by the affidavit prescribed by Rule 802 of this Division if no affidavit has been filed in the Tribal Court, and by a copy of the statement of reasons given by the Tribal Court for its action.

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