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Title 2. Rules of Procedure

Part III. General Rules for Pleading

Rule 8. Form

Rule 9. Attachments

Rule 10. Signature of Parties and Counsel; Special Appearances

Rule 11. Computation of Time

Rule 12. Motions

Rule 13. Filing and Responding to Motions

Rule 14. Hearings on Motions

LLOjibwe JCT2 ROP Rule 8
Rule 8. Form

All pleadings shall be on 8 1/2 by 11 inch paper with at least an one (1) inch top margin and an one (1) inch left margin. The information must be typewritten or clearly printed within the margins and double spaced between the lines. The first page of a pleading shall contain the heading. The heading shall include the name of the Court, the names of the parties with designations of plaintiff or defendant or petitioner or respondent, as appropriate, the title of the document, and the case number, if known.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 8, LLOjibwe JCT2 ROP Rule 8



LLOjibwe JCT2 ROP Rule 9
Rule 9. Attachments

Attachments to pleadings must be specifically identified and referenced to in the pleading.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 9, LLOjibwe JCT2 ROP Rule 9




LLOjibwe JCT2 ROP Rule 10
Rule 10. Signature of Parties and Counsel; Special Appearances

A. The complaint and answer shall be signed by the party and/or his/her counsel, if any. The signature means the statements in the pleading are made in good faith, are believed to be true and accurate, and are based upon adequate research or investigation. The Court may impose sanctions if it finds statements in a pleading are not made in good faith, contain intentional misstatements, or are not based upon adequate research or investigation. This includes omitting material facts or law which the person knew was relevant to the action. Sanctions may include removing issues from consideration in the action, imposing costs and counsel fees, and any other relief which may be appropriate under the circumstances.

B. Professional attorneys not admitted to practice before the Tribal Court may be permitted to appear on behalf of a client by Special Appearance in an action. In order to be permitted to make a special appearance, the attorney must file a motion to allow the special appearance; a proposed Order; and an affidavit containing the oath or affirmation for admission to practice, stating that they are admitted to practice in any state or other Tribal Court. They must also submit a processing fee for the special appearance of $35.00.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 10, LLOjibwe JCT2 ROP Rule 10




LLOjibwe JCT2 ROP Rule 11
Rule 11. Computation of Time

When counting days to meet time limits under these rules, the day identified as the starting day is not counted in the time limit. [FN2]If a time limit identified in these rules is less than seven (7) calendar days, then Saturdays, Sundays, and legal holidays are not counted in the time limit. Legal holidays are defined as those recognized by the Band. If a time limit falls on a Saturday, Sunday, or legal holiday, then the time limit falls on the next working day. Computation of time originates with the actual court filing date and not the date the notice or the document is received by the party.

Adopted November 21, 2000.

[FN2] For example, if a complaint is filed on the first day of a month and the answer is due in twenty (20) calendar days, then the date the answer is due will be the twenty-first (21) day of the month.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 11, LLOjibwe JCT2 ROP Rule 11




LLOjibwe JCT2 ROP Rule 12
Rule 12. Motions

Motions are requests directed to the Court and must be in writing except for those made at trial. Motions based on factual matters shall be supported by affidavits, references to other documents, testimony, exhibits or other material already in the Court record. Motions based on legal matters shall be supported by a legal memorandum, which states the issues and legal basis relied on by the moving party.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 12, LLOjibwe JCT2 ROP Rule 12




LLOjibwe JCT2 ROP Rule 13
Rule 13. Filing and Responding to Motions

A. Motion.

Motions may be filed by a party with any pleading or at any time after their first pleading has been filed. A copy of all written motions shall be delivered or mailed to other parties at least five (5) calendar days before the time specified for a hearing on the motion. A response to a written motion must be filed at least one day before the hearing. If no hearing is scheduled, the response must be filed with the Court and served on the other parties within ten (10) calendar days of the date the motion was filed. The party filing the motion must file any reply within three (3) calendar days. In the discretion of the presiding judge these time limits may be altered by issuance of a scheduling order.

B. Motions for Expedited Consideration.

Any motion which requires action prior to the normal time period identified in Part A above shall be accompanied by a Motion for Expedited Consideration. The motion shall state (1) the reasons why the motion should be heard prior to the normal time period allowed to respond, and (2) what efforts the party has made to resolve the issue with the opposing party prior to filing the Motion for Expedited Consideration.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 13, LLOjibwe JCT2 ROP Rule 13




LLOjibwe JCT2 ROP Rule 14
Rule 14. Hearings on Motions

A hearing on a motion may be held in the discretion of the Court. A party requesting a hearing must (a) schedule the hearing with the Court and (b) deliver or mail notice of the hearing to other parties at least five (5) calendar days prior to the hearing. If the trial is scheduled to begin within the time allowed for a hearing, all responses shall be made by the time scheduled for commencement of the trial. Motions made within fourteen (14) calendar days of trial may be dismissed and costs and fees assessed against the moving party if the Court finds no good cause exists for failing to file the motion more than fourteen (14) calendar days in advance of the trial.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 14, LLOjibwe JCT2 ROP Rule 14

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