
Judicial Code
Chapter VII: General Court Procedures
Section
1.
Assignment of Cases to Judges.
Subject
to the provisions of this Code for jurisdiction of the Children's Court, the
Chief Judge shall be responsible for assignment of cases and other matters for
determination or disposition to the respective Judges of the Tribal Court.
Section
2.
Court Rules and Procedures.
The
Chief Judge and Associate Judges of the Tribal Court may establish and
promulgate rules of procedure for the conduct of its proceedings which are not
inconsistent with this Code or other governing and applicable law.
Section
3.
Sessions of Court.
The
Tribal Court shall hold regular sessions of court at least two days each
month, commencing at such time as designated by the Clerk in consultation with
presiding judges for that day. Such
regular sessions shall be held at a designated Courtroom of the Tribe.
The Chief Judge shall provide notice to the public by appropriate
method as to the days so assigned. Special
sessions of the Tribal Court may be called by the Chief Judge at any time or,
in her/his absence by an Associate Judge.
Individual Judges may conduct trials or other proceedings for
individual cases assigned to them at such times as they may designate, and
such trials or proceedings may be recessed and reconvened from time to time by
the Judges until they are completed.
Section
4.
Means to Carry Jurisdiction Into Effect.
When
jurisdiction is vested in the Court, all the means necessary to carry such
jurisdiction into effect are also included; and in the exercise of its
jurisdiction, if the course of proceedings is not specified in this Code per
the rules promulgated by the Court pursuant to this Title or Title 2 of this
Code, the Court may adopt any suitable process or mode of proceeding which
appears to the Court to be fair and just and most consistent with the spirit
of Prairie Island Mdewakanton Dakota Community Tribal law.
Section
5.
BIA Relations With the Courts.
No
employee of the Bureau of Indian Affairs shall obstruct, interfere with, or
control the functions of the Court, nor shall she/he influence such functions
in any manner.
Section
6.
Law Applicable in Civil Actions.
(a)
In all civil actions the Tribal Court shall apply this Code, all
amendments thereto, all tribal laws enacted hereafter and all customs and
usages of the Tribe. In the event any doubt arises as to the customs and usages of
the Tribe, the Court may request the advice of tribal members familiar with
tribal customs and usages.
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