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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 2. Rules of Procedure
Part IX. Other Matters

Rule 53. Execution of Judgment

Rule 54. Garnishments and or Liens

Rule 55. Citation

Rule 56. Communications with Judges or Justices

Rule 57. Court Open to the Public

Rule 58. Peacemaker Tribunal

Rule 59. Small Claims

Rule 60. Full Faith and Credit and Comity

Rule 61. Effective Date

Rule 62. Severability

Rule 63. Amendment

LLOjibwe JCT2 ROP Rule 53
Rule 53. Execution of Judgment

A. Judgment.

Judgments may be enforced through a writ of execution on the property of a person against whom the money judgment is entered. The party requests an execution of the judgment by filing a motion and documenting that the judgment has not been fully satisfied.

B. Hearing.

When such a motion is filed, the Court shall order the person owing the money to appear in court and answer, under oath, describing his money, property, and income. Failure to appear may be deemed a contempt of court and the Court may proceed with the execution of judgment without the person. Money and property may be seized by order of the Court and held to satisfy the judgment. Any money, and property seized shall be held for thirty (30) calendar days before being turned over to the party to whom the money is owed. Any enforcement officer of the Leech Lake Band shall be authorized to assist the Court or a party in execution of a judgment pursuant to a proper court order.

C. Satisfaction of Judgment.

The person owing the money may redeem whatever is seized by paying the full amount of the Judgment, plus interest and any costs incurred by the other parties executing the Judgment. This includes the costs of storing and maintaining whatever is seized.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 53, LLOjibwe JCT2 ROP Rule 53



LLOjibwe JCT2 ROP Rule 54
Rule 54. Garnishments and or Liens

Garnishment/lien is a proceeding to obtain satisfaction of a judgment for money out of property or money in the possession or control of a third party. A judgment may be collected through a writ of execution on the income or other funds being held by someone other than the person owing the debt. The person requesting execution of judgment shall serve the Writ of Execution and the order directed on the third party which requires them to turn over property or money in their possession or control belonging to the person owing the debt. A Writ of Execution/Lien/ or Garnishment Order may be directed to the Band or any of its departments. The property or money shall be turned over to the Court or, if permitted by the Court, to the party who secured the writ and held as under the above rule on execution of judgments.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 54, LLOjibwe JCT2 ROP Rule 54




LLOjibwe JCT2 ROP Rule 55
Rule 55. Citation

These Rules shall be known as the Leech Lake Band of Ojibwe Judicial Code Rules of Procedure and may be abbreviated L.L.R.P.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 55, LLOjibwe JCT2 ROP Rule 55




LLOjibwe JCT2 ROP Rule 56
Rule 56. Communications with Judges or Justices

Ex parte communications and communications by elected officials or executive department staff with judges or justices of the Court regarding any contested matter pending before the Court are strongly discouraged. All inquiries shall be directed to the Court Administrator who shall confer with the judge or justice who shall disclose the same on the Court record or the Court file.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 56, LLOjibwe JCT2 ROP Rule 56




LLOjibwe JCT2 ROP Rule 57
Rule 57. Court Open to the Public

The records and proceedings of the Court shall be open to the public within the limits of available space, except as to matters involving minor children or persons alleged to be incompetent. Copies of court records may be obtained by the public at a reasonable cost as established by the Court Administrator. Judges shall have discretion to seal or close a particular record or proceeding to prevent undue hardship, invasion of privacy, or in the interest of justice and fairness or the personal safety of any person balanced against the public interest.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 57, LLOjibwe JCT2 ROP Rule 57




LLOjibwe JCT2 ROP Rule 58
Rule 58. Peacemaker Tribunal

The Chief Judge shall have authority to establish and promulgate rules for a Peacemaker Tribunal either as a permanent division of the Tribal Court or on a case-by-case basis. Use of a Peacemaker Tribunal shall be voluntary on the part of the parties to the action and forecloses any further use of the Trial Court except as may be necessary to enforce any award or decision of the Peacemaker Tribunal. All decisions of a Peacemaker Tribunal will be summarized in writing and made a part of the Court file. The decisions of the Peacemaker Tribunal will not be appealable. A party selecting resolution of a dispute by a Peacemaker Tribunal must be do so in writing and sign an acknowledgment that they understand that they will not be able to appeal its judgment to the Trial or Appellate Divisions. All parties must consent in writing to the jurisdiction of the Peacemaker Panel. The decisions of the Peacemaker Panel apply only to the parties involved in that dispute.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 58, LLOjibwe JCT2 ROP Rule 58




LLOjibwe JCT2 ROP Rule 59
Rule 59. Small Claims

The Chief Judge shall have authority to establish and promulgate rules for a small claims procedure of the Tribal Court to hear all cases wherein the relief sought is for money damages only in an amount of five thousand dollars ($5,000.00) or less. Rules promulgated under the authority of this Rule 59 for resolution of small claims cases shall provide for the speedy and inexpensive disposition of such claims. All rules provided for in this Title, except for those governing appeal, and the execution or enforcement of judgments, shall not apply when the original claim is filed in the small claims division of the Tribal Court.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 59, LLOjibwe JCT2 ROP Rule 59




LLOjibwe JCT2 ROP Rule 60
Rule 60. Full Faith and Credit and Comity

A. Full Faith and Credit and Comity.

Unless otherwise enacted by the Reservation Tribal Council the Tribal Court may extend full faith and credit to the judicial records, orders and judgments of the courts of the State of Minnesota, the courts of other states, federal courts, and other tribal courts to the same extent the other jurisdiction extends full faith and credit to the judicial records, orders and judgments of the Tribal Court. In determining whether to extend full faith and credit, the Tribal Court will review the judicial record, order or judgment in question to assure that:

(1) the foreign court has jurisdiction over the subject matter and over the persons named; and

(2) any judgment or order is final under the laws of the rendering court;

(3) any judgment or order is on the merits and procured without fraud, duress or coercion; and

(4) any judgment or order was procured in compliance with the procedures required by the rendering court.

B. Validity of Foreign Judgment or Order.

No lien or attachment based on a Judgment or Order rendered by a court of another jurisdiction will be filed, docketed or recorded in the Tribal Court unless it has been given full faith and credit by the Trial Division of the Court.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 60, LLOjibwe JCT2 ROP Rule 60




LLOjibwe JCT2 ROP Rule 61
Rule 61. Effective Date

These rules will take effect on the first court work day after the date these rules are adopted by the Reservation Tribal Council and certified by the Code Reviser as provided in Title 1. They will govern all proceedings brought on or after that date. They will also govern all proceedings pending on that date unless, in the discretion of the Trial Division, their application would not be feasible or would work injustice to the parties in the proceeding. In that event, the Court shall devise such procedures as are necessary for a full, fair and expeditious resolution of the proceeding.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 61, LLOjibwe JCT2 ROP Rule 61




LLOjibwe JCT2 ROP Rule 62
Rule 62. Severability

If any provision of this title, or the application thereof, to any person, business, corporation, or government is held invalid, such invalidity shall not affect other provisions or applications of this title which can be given effect without the invalid provisions, and to this end the provisions of this title are declared severable.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 62, LLOjibwe JCT2 ROP Rule 62




LLOjibwe JCT2 ROP Rule 63
Rule 63. Amendment

These rules may be amended by the Chief Judge or the Reservation Tribal Council as necessary to ensure fundamental fairness and substantial justice.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 63, LLOjibwe JCT2 ROP Rule 63

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