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.


(b)        In the event that an issue arises in an action which is not addressed by this Code, all amendments thereto, all tribal laws enacted hereafter and all customs and usages of the Tribe, the court may apply statutes, regulations and case law of any tribe or the federal government or state.  Application of such law shall not be deemed an adoption of such law or an action to defer to the jurisdiction from

 

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