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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 2. Rules of Procedure
Part VII. Judgments and Orders

Rule 32. Relief Available

Rule 33. Default Judgment

Rule 34. Summary Judgment--Judgment on the Pleadings

Rule 35. Trial Procedure, Burden of Proof, Findings by the Court

Rule 36. Dismissal of Actions

Rule 37. Entry and Filing of Judgments

Rule 38. Amendment to or Relief from Judgment or Order

Rule 39. Satisfaction of Judgment

Rule 40. Who is Bound by Judgment

Rule 41. Emergency Order, Temporary Restraining Order (TRO) and Ex Parte TRO

LLOjibwe JCT2 ROP Rule 32
Rule 32. Relief Available

Except in a Default Judgment, the Court is not limited to the relief requested in the pleading and may give any relief, including restraining orders, injunctions, declaratory judgments and extraordinary writs, which the evidence makes appropriate. The Court may order any party to pay costs, including filing fees, costs of service and discovery, and witness costs.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 32, LLOjibwe JCT2 ROP Rule 32



LLOjibwe JCT2 ROP Rule 33
Rule 33. Default Judgment

A Default Judgment may be entered against a party who fails to answer if the party was personally served in accordance with the rules for service of process or if a party fails to appear at a hearing, conference or trial for which he/she was given proper notice. A Default Judgment shall not award relief different in kind from, or exceed the amount stated in the request for relief. A Default Judgment may be set aside by the Court only upon a timely showing of good cause.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 33, LLOjibwe JCT2 ROP Rule 33




LLOjibwe JCT2 ROP Rule 34
Rule 34. Summary Judgment--Judgment on the Pleadings

Any time after the date an answer is due or filed, a party may file a Motion for Summary Judgment on any or all of the issues presented in the action. The Court will render summary judgment in favor of the moving party if there is no genuine issue as to material fact and the moving party is entitled to judgment as a matter of law.

After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the Court, the motion shall be treated as one for summary judgment and disposed of as provided herein. All parties shall be given reasonable opportunity to present all material pertinent to such a motion.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 34, LLOjibwe JCT2 ROP Rule 34




LLOjibwe JCT2 ROP Rule 35
Rule 35. Trial Procedure, Burden of Proof, Findings by the Court

The plaintiff in any civil action shall be required to prove his/her case by a preponderance of the evidence. All issues shall be tried to a judge sitting without a jury. At the conclusion of the case the judge shall issue written findings of fact and conclusions of law in support of all final judgments and orders.

The plaintiff or petitioner shall be required to go forward with his/her evidence first. The defendant may, but is not required to, present a defense at the conclusion of the plaintiff's case. An opposing party may cross-examine any witness of another party.

Each party shall be permitted to make opening and closing statements in support of his/her case.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 35, LLOjibwe JCT2 ROP Rule 35




LLOjibwe JCT2 ROP Rule 36
Rule 36. Dismissal of Actions

A. Voluntary Dismissal.

A party filing a complaint may file a Notice of Dismissal any time prior to the filing of a response or answer and the complaint will be deemed dismissed without prejudice.

B. Involuntary Dismissal.

At any other time in the action, a party must file a Motion to Dismiss. A motion to dismiss may be granted (1) if there has been no action in a case for six (6) months, or, (2) if a party substantially fails to comply with these rules, or, (3) if a party substantially fails to comply with an order of the Court, or, (4) if a party fails to establish the right to relief following presentation of all evidence at trial. An order to dismiss a claim is a dismissal with prejudice.

C. Sua Sponte Dismissal.

The Court, on its own motion, may move to dismiss an action if there has been no filing or other activity on the record for six (6) months. The Court shall give written notice to all parties that the action will be dismissed after thirty (30) calendar days unless good cause is shown in writing prior to the end of the thirty (30) day period. No further notice is necessary for the Court to enter a dismissal.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 36, LLOjibwe JCT2 ROP Rule 36




LLOjibwe JCT2 ROP Rule 37
Rule 37. Entry and Filing of Judgments

All judgments must be signed by the presiding judge. All signed judgments shall be deemed complete and entered for all purposes after the signed judgment is filed with the Court Administrator. A copy of the entered judgment shall be mailed to each party within two (2) calendar days of filing. The time for taking an appeal shall begin running from the date the judgment is filed. Interest on a money judgment shall accrue from the date the judgment is filed at a rate set by the Band or at five (5) per cent per year if no rate is set.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 37, LLOjibwe JCT2 ROP Rule 37




LLOjibwe JCT2 ROP Rule 38
Rule 38. Amendment to or Relief from Judgment or Order

A. Relief from Judgment.

A motion to amend or for relief from judgment, including a request for a new trial shall be made within ten (10) calendar days of the filing of judgment. The motion must be based on an error or irregularity which prevented a party from receiving a fair trial or a substantial legal error which affected the outcome of the action.

B. Motion for Reconsideration.

Upon motion of the Court or by motion of a party made not later than ten (10) calendar days after entry of judgment, the Court may amend its findings or conclusions or make additional findings or conclusions, amending the judgment accordingly. The motion may be made with a motion for a new trial. If the Court amends the judgment, the time for initiating an appeal commences upon entry of the amended judgment. If the Court denies a motion filed under this rule, the time for initiating an appeal from the judgment commences when the Court denies the motion on the record or when an order denying the motion is entered, whichever occurs first. If within thirty (30) days after the entry of judgment, the Court does not decide a motion under this Rule or the judge does not sign an order denying the motion, the motion is considered denied. The time for initiating an appeal from judgment commences in accordance with the Rules of Appellate Procedure.

C. Erratum Order or Reissuance of Judgment.

Clerical errors in a court record, including the Judgment or Order, may be corrected by the Court at any time.

D. Grounds for Relief.

The Court may grant relief from judgments or orders on motion of a party made within a reasonable time for the following reasons: (1) newly discovered evidence which could not reasonably have been discovered in time to request a new trial; or (2) fraud, misrepresentation or serious misconduct of another party to the action; or (3) good cause if the requesting party was not properly served in accordance with the Rules for Service and did not appear in the action; or (4) the judgment has been satisfied, released, or discharged.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 38, LLOjibwe JCT2 ROP Rule 38




LLOjibwe JCT2 ROP Rule 39
Rule 39. Satisfaction of Judgment

A. Complete.

The person owing money under a judgment must file proof of satisfaction of judgment with the Court stating the amount and date of payment and whether the payment was in full or partial satisfaction of the judgment. The satisfaction must be signed by the person who was owed money.

B. Partial.

A partially satisfied or unsatisfied judgment continues in effect for seven (7) years or until satisfied, whichever comes first. The judgment may be renewed for additional seven (7) year periods upon a timely request by any party. A request for renewal shall be considered timely if it is filed thirty (30) or more days prior to the expiration of the seven (7) year period.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 39, LLOjibwe JCT2 ROP Rule 39




LLOjibwe JCT2 ROP Rule 40
Rule 40. Who is Bound by Judgment

All parties and interested persons who are within the jurisdiction of the Court and who had notice of the case pending before the Court are bound by the judgment whether or not they appeared.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 40, LLOjibwe JCT2 ROP Rule 40




LLOjibwe JCT2 ROP Rule 41
Rule 41. Emergency Order, Temporary Restraining Order (TRO) and Ex Parte TRO

A. Emergency Order.

The Court may enter an Emergency Order without a hearing if it appears from the complaint, a petition, affidavits and/or sworn testimony that irreparable harm will result without the order. The order will expire in thirty (30) calendar days unless extended by the Court for good cause. A hearing on the matters contained in the order will be held prior to its expiration. The removal of a child from its residence by the Band's social services department or equivalent agency and the imminent destruction of records or property essential to the case are examples of matters which may require an Emergency Order.

B. Temporary Restraining Order.

When it appears from a pleading that a party is entitled to judgment and any part thereof consists in restraining some act, the commission or continuance of which during the litigation would injure the party, or when during the litigation it shall appear that a party is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another party and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.

The application for an injunction or restraining order made to the Court shall not be heard except upon notice to such other persons as may be defendants in the action unless the Court is of the opinion that irreparable loss or damage will result to the applicant unless a temporary restraining order is granted.

The Court may grant a temporary restraining order at any time before a hearing and determination of the application for a temporary or permanent injunction. However, such temporary restraining order shall be effective only for thirty (30) calendar days unless extended after notice and hearing thereon, or upon written consent of the parties and/or their attorneys.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 41, LLOjibwe JCT2 ROP Rule 41

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