Judical Code

Judicial Code

Chapter IX: Extraordinary Writs

Rule/Section: 901-904

Rule 901. Mandamus or Prohibition Directed to a Judge or Judges

Application for a writ of mandamus or of prohibition may be used to compel a Respondent to perform a required action or to refrain from exceeding jurisdiction, but may not be used to control the discretionary actions of judges, agencies, or other Tribal officials. Application for a writ of mandamus or of prohibition directed to a judge of the Tribal Court, or to any other subordinate agency or officer against whom an original action in mandamus or prohibition may be filed by law in the Appellate Court, shall be made by filing a petition with the Clerk with proof of service on the Respondent and on

all parties in interest to the action in the Tribal Court. The petition shall contain a statement of the facts necessary to an understanding of the issues presented by the application; a statement of the issues presented and the relief sought; a statement of the reasons why the writ should issue; and copies of any order or opinion or parts of the

record that may be essential to an understanding of the matters set forth in the petition. The Clerk shall docket the petition and submit it to the Court upon payment of a docketing fee set by Court Rule. If an order, action or judgment is vacated, a single Justice may issue the alternative writ but a preemptory writ should be issued only by a quorum of the Court. The Appellate Court may, in its discretion, remand the writ to the Tribal Court for initial determination.

Rule 902. Denial or Order Directing Answer.

If the Appellate Court is of the opinion that the writ should not be granted in any case on the facts and law stated in the petition, it shall deny the petition. Otherwise, it shall order that the Respondents file an answer to the petition within the time fixed by the order. The order shall be served by the Clerk on the named Respondents and on all other parties to the action in the Tribal Court. All parties below other than the petitioner shall also be deemed Respondents for all purposes. Two or more Respondents may answer jointly. If the named Respondents do not desire to appear in the proceeding, they may so advise the Clerk and all parties by letter, but the petition shall not thereby be taken as admitted. The Clerk shall advise the parties of the dates on which briefs are to be filed, if briefs are required, and of the date of oral argument, if any. The proceeding shall be given preference over ordinary civil cases.

Rule 903. Other Extraordinary Writs.

Application for extraordinary writs other than those provided for in Rule 901 of this Chapter shall be made by petition filed with the Clerk with proof of service on the parties named as Respondents. Proceedings on such applications shall conform, so far as is practicable, to the procedure prescribed in Rules 901 and 902 of this Division.

Rule 904. Form of Papers, Number of Copies.

All papers may be typewritten. Three (3) copies and the original shall be filed, but the Court may direct that additional copies be furnished.

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