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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 2. Rules of Procedure
Part VIII. Appeals

Rule 42. Appellate Panel

Rule 43. Final Order or Judgment Required

Rule 44. Time Limit

Rule 45. Filing Fee and Transcript

Rule 46. Denomination of Parties

Rule 47. Application for Stay of Judgment

Rule 48. Clerk

Rule 49. No New Trial in Appellate Division

Rule 50. Briefs

Rule 51. Oral Argument and Meeting of the Appellate Panel

Rule 52. Authority of Appeals Panel

LLOjibwe JCT2 ROP Rule 42
Rule 42. Appellate Panel

All appeals from the Trial Division of the Tribal Court shall be heard by the Appellate Division. The appellate panel for each case shall be composed of Justices as provided in Title I of the Leech Lake Judicial Code, Section 8.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 42, LLOjibwe JCT2 ROP Rule 42



LLOjibwe JCT2 ROP Rule 43
Rule 43. Final Order or Judgment Required

Any party aggrieved by a final decision of the trial division may appeal in the manner prescribed in this Part VIII. Appeals may be taken from:

A. A final judgment, order, conviction, or commitment; or

B. An order which grants, refuses, dissolves or refuses to dissolve an injunction; or

C. An order denying a new trial; or

D. An order which, in effect, determines the action and prevents a judgment from which an appeal may be taken;

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 43, LLOjibwe JCT2 ROP Rule 43




LLOjibwe JCT2 ROP Rule 44
Rule 44. Time Limit

Within twenty (20) days from the entry of the order of judgment appealed from the party taking the appeal must file with the trial division a written notice of appeal specifying the parties to the appeal, the order or judgment which is being appealed, and a short statement of the reason or grounds for the appeal. The Court Administrator shall file the notice and mail copies, to be provided by the appealing party, to all other parties to the appeal to their last known address. The notice of appeal shall contain a statement as to whether a transcript of proceedings in the trial division will be required.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 44, LLOjibwe JCT2 ROP Rule 44




LLOjibwe JCT2 ROP Rule 45
Rule 45. Filing Fee and Transcript

The appellant (party filing the appeal) shall pay a filing fee of fifty dollars ($50.00). An appellant or any other party requesting a transcript of proceedings shall deposit with the Court Administrator such amount of money, computed at two dollars ($2.00) per page, as the Court Administrator estimates will be necessary to pay for transcription. The transcript shall be a part of the appeals record and copies thereof shall be provided to all parties to the appeal.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 45, LLOjibwe JCT2 ROP Rule 45




LLOjibwe JCT2 ROP Rule 46
Rule 46. Denomination of Parties

The party taking the appeal shall be referred to as the appellant. All other parties shall be referred to as the respondent(s). The name of the case shall be the same as that used in the trial division.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 46, LLOjibwe JCT2 ROP Rule 46




LLOjibwe JCT2 ROP Rule 47
Rule 47. Application for Stay of Judgment

The appellant may petition the Trial Division for an order staying the judgment or order appealed from. A stay shall be granted in all cases in which it is requested unless manifest injustice would result from a denial. The trial division shall have discretion to require the appellant seeking a stay to file cash or a bond approved by the Chief Judge sufficient to guarantee performance of the judgment or order appealed from.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 47, LLOjibwe JCT2 ROP Rule 47




LLOjibwe JCT2 ROP Rule 48
Rule 48. Clerk

The Tribal Court Administrator shall serve as the Clerk of the Appellate Division. Within ten (10) days after a notice of appeal is filed, the clerk shall prepare, certify and file with the Appellate Division all papers comprising the record of the case including the transcript if requested and paid for as required by Rule 57.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 48, LLOjibwe JCT2 ROP Rule 48




LLOjibwe JCT2 ROP Rule 49
Rule 49. No New Trial in Appellate Division

A new trial in the Appellate Division shall not be allowed. The appeals panel shall not be empowered to review the factual findings of the Trial Division except to determine whether such findings are based on substantial evidence In the record.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 49, LLOjibwe JCT2 ROP Rule 49




LLOjibwe JCT2 ROP Rule 50
Rule 50. Briefs

Within thirty (30) days of the filing of the Notice of Appeal the appellant shall file a written brief, memorandum or statement in support of his/her appeal. An original, signed by the appellant, or his/her attorney and three (3) copies shall be filed with the clerk and one copy shall be served or mailed to each other party or his/her attorney, if any. The respondent shall have thirty days (30) days after receipt of the appellant's brief, memorandum or statement within which to file a response. A reply brief, memorandum or statement may be filed by the appellant within ten (10) days of the receipt of the respondent's response.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 50, LLOjibwe JCT2 ROP Rule 50




LLOjibwe JCT2 ROP Rule 51
Rule 51. Oral Argument and Meeting of the Appellate Panel

The Appellate Panel shall decide all cases upon the submissions of the parties to the appeal duly filed together with the record of the Trial Court without oral argument unless either party requests oral argument and shows to the presiding justice of the panel that oral argument will aid the panel's decision, or unless the panel decides on its own motion to hear oral argument. If oral argument is permitted it shall occur within the boundaries of the Leech Lake Reservation, otherwise the appeals panel may meet and consult regarding the appeal at any location convenient to its members, including telephone or video conferencing.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 51, LLOjibwe JCT2 ROP Rule 51




LLOjibwe JCT2 ROP Rule 52
Rule 52. Authority of Appeals Panel

The Appeals Panel may affirm, reverse, or modify the judgment or order appealed from, or, it may remand the case to the Trial Division for further proceedings. The decision of the Appellate Panel shall be in writing and all such decisions are final when rendered.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 52, LLOjibwe JCT2 ROP Rule 52

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