Home

Back to Table of Contents

Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 6. Family Relations
Chapter 6. Rules of Procedure for Family Relations

Section A. Applicability of Rules

Section B. Commencement

Section C. Computation of Time

Section D. Continuances

Section E. Contents of Petition for Dissolution

Section F. Motions: Ex Parte Relief; Orders to Show Cause; Orders and Decrees

Section G. Ex Parte Relief

Section H. Orders and Decrees Requiring Child Support or Maintenance

Section I. Scheduling of Cases

Section J. Default

Section K. Preparation of Decree

Section L. Final Hearings-Sanction for Failure to Appear

Section M. Final Decree

Section N. Contempt Proceedings

LLOjibwe JCT6 FRC Ch. 6, § A

Section A. Applicability of Rules

These rules apply only to the foregoing sections under the Leech Lake Band of Ojibwe's Family Relation Code.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § A, LLOjibwe JCT6 FRC Ch. 6, § A



LLOjibwe JCT6 FRC Ch. 6, § B
Section B. Commencement

(1) Commencement of Proceedings.

Marriage dissolution proceedings and petitions for custody shall be commenced by service of a summons and petition upon the person of the other party or by publication pursuant to Tribal Court order. No summons shall be required if a joint petition is filed. Service of the summons and petition may be by publication only upon an Order of the Tribal Court.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § B, LLOjibwe JCT6 FRC Ch. 6, § B




LLOjibwe JCT6 FRC Ch. 6, § C
Section C. Computation of Time

Whenever this rule requires documents to be filed with the Clerk of Tribal Courts within a prescribed period of time before a specific event, filing may be accomplished by mail, subject to the following:

(1) Three (3) days shall be added to the prescribed period; and

(2) Filing shall not be considered timely unless the documents are deposited in the mail within the prescribed period. If the matter of timeliness is contested, only the official post-mark of the U.S. Mail, Federal Express, or U.P.S. shall be considered by the Court.

(3) Service by mail is complete upon mailing.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § C, LLOjibwe JCT6 FRC Ch. 6, § C




LLOjibwe JCT6 FRC Ch. 6, § D
Section D. Continuances

If a trial date has been established by the Court after consultation with the parties, the Court shall decline to consider requests for continuance except those made by motion when a judge determines that an emergency exists.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § D, LLOjibwe JCT6 FRC Ch. 6, § D

 




LLOjibwe JCT6 FRC Ch. 6, § E
Section E. Contents of Petition for Dissolution

The petition for dissolution of marriage shall state and allege the following:

(1) the name, address, and, in circumstances in which child support or spousal maintenance will be addressed and any prior or other name used by the petitioner;

(2) the name and, if known, the address of the respondent and any prior or other name used by the respondent and known to the petitioner;

(3) the place and date of the marriage of the parties;

(4) that either the petitioner or the respondent or both:

(a) has resided within the reservation boundaries for not less than ninety (90) days immediately preceding the commencement of the proceeding, or

(b) is eligible for membership with the Leech Lake Band of Ojibwe.

(5) the name at the time of the petition and any prior or other name, age, and date of birth of each living minor or dependent child of the parties born before the marriage or born or adopted during the marriage and a reference to, and the expected date of birth of, a child of the parties conceived during the marriage but not born;

(6) whether or not a separate proceeding for dissolution, legal separation, or custody is pending elsewhere;

(7) that there has been an irretrievable breakdown of the marriage relationship;

(9) any temporary or permanent maintenance, child support, child custody, disposition of property, attorneys' fees, costs and disbursements applied for without setting forth the amounts; and

(10) whether an order for protection has been granted by this court or the Court of any other jurisdiction.

The petition shall be verified by the petitioner or petitioners and its allegations established by competent evidence.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § E, LLOjibwe JCT6 FRC Ch. 6, § E

 




LLOjibwe JCT6 FRC Ch. 6, § F
Section F. Motions; Ex Parte Relief, Orders to Show Cause; Orders and Decrees

(1) Scheduling of Motions.

All motions shall be accompanied by either an order to show cause or by a notice of motion and motion which shall state with particularity the time and place of the hearing and the nature of the request. The notice of motion and motions shall be served upon the opposing party no later than twenty (20) days prior to the scheduled hearing unless an emergency exists and a shorter notice period is appropriate.

(2) Form of Motion.

Motions shall set forth with particularity the relief requested in individually numbered paragraphs. All motions shall be supported by appropriate affidavits, relevant and material to the issues before the Court.

(3) Requirements of Motions.

No motion shall be heard unless the moving party serves a copy of the following documents on the opposing party or their counsel and files the original with the Clerk of the Tribal Court at least fourteen (14) days prior to the hearing:

(a) Notice of Motion and Motion;

(b) Any relevant affidavits and exhibits; and

(c) Any memorandum of law the party intends to submit.

(d) Responding motions shall serve a copy of the following documents upon the moving party or their counsel and shall file the original with the Clerk of the Tribal Court at least seven (7) days prior to the hearing:

(i) Notice of Motion and Responsive Motion

(ii) Any relevant affidavits and exhibits; and

(iii) Any memorandum of law the party intends to submit.

(4) Failure to Comply. Failure to comply with the filing requirements may result in the cancellation of the motion hearing assessment of attorney's fees and any other appropriate relief. Motions, except for contempt proceedings shall be submitted in writing and considered upon the supporting documents unless oral testimony is requested or otherwise ordered by the Tribal Court.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § F, LLOjibwe JCT6 FRC Ch. 6, § F

 

 

LLOjibwe JCT6 FRC Ch. 6, § G
Section G. Ex Parte Relief

(1) Motion for Ex Parte Relief. The Tribal Court may grant ex parte relief only if requested by a motion with supporting affidavit properly executed.

(2) Order to Show Cause. An Order to Show Cause shall not be used to grant ex parte relief except in those cases where a finding of contempt or the supporting affidavit makes an affirmative showing of:

(a) A need to require the party to appear in person at the hearing; or

(b) The need for interim child support is warranted; or

(c) The production of limited financial information deemed necessary by the Tribal Court; or

(d) Such other limited relief and appropriate restraining orders as addressed individually in the separate supportive affidavit for ex parte relief.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § G, LLOjibwe JCT6 FRC Ch. 6, § G



LLOjibwe JCT6 FRC Ch. 6, § H
Section H. Orders and Decrees Requiring Child Support or Maintenance

All orders and judgments and decrees which include awards of child support and/or maintenance, unless otherwise directed by the Tribal Court, shall include the following provisions:

(1) Payment of support or maintenance, or both, is to be as ordered herein, and the giving of gifts or making purchases of food, clothing, and the like will not fulfill the obligation. Payment of support must be made as it becomes due, denial of rights of visitation is not an excuse for non-payment, but the aggrieved party must seek relief through proper motion filed with the Tribal Court.

(2) The payment of support or maintenance, or both, takes priority over payment of debts and other obligations.

(3) A party who remarries after dissolution and accepts additional obligations of support does so with full knowledge of his or her prior obligations under this proceeding.

(4) Child support and maintenance are based on annual income, and it is the responsibility of a person with seasonal employment to budget income so that payments are made regularly throughout the year as ordered.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § H, LLOjibwe JCT6 FRC Ch. 6, § H




LLOjibwe JCT6 FRC Ch. 6, § I
Section I. Scheduling of Cases

(1) Purpose. The purpose of this Rule is to provide for a uniform system for scheduling matters for disposition and trial in proceedings for all family relations matters.

(2) Pre-hearing Settlement. The parties are encouraged to make attempts to settle all matters in an amicable fashion before appearing in court.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § I, LLOjibwe JCT6 FRC Ch. 6, § I




LLOjibwe JCT6 FRC Ch. 6, § J
Section J. Default

After proper service has been made and the time has elapsed for an answer to be filed, the matter may be scheduled for a default hearing.

(1) Default without stipulation--no appearance. In all default proceedings where a stipulation has not been filed, an affidavit of default and of non-military status of the defaulting party or a waiver by that party of any rights pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, shall be filed with the Tribal Court.

(2) Default without stipulation-appearance. Where the defaulting party has appeared by a pleading other than a response, answer or personally without a pleading and has not affirmatively waived notice of the other party's right to a default hearing, the moving party shall notify the defaulting party in writing at least ten (10) days before the final hearing of the intent to proceed to judgment. The notice shall state:

You are hereby notified that an application has been made for a final hearing for a final hearing to be held not sooner than three (3) days from the date of this notice.

You are further notified that the Leech Lake Tribal Court will be requested to grant the relief granted in the petition at the hearing.

The default hearing will not be held until the notice has been mailed to the defaulting party at the last known address and an affidavit of service by mail has been filed.

(3) Default with stipulation. When a stipulation settling all issues has been executed by the parties subsequent to the final hearing, the stipulation shall be filed with an affidavit of non-military status of the defaulting party or a waiver of the party's rights pursuant to the Soldier's and Sailors' Civil Relief Act of 1940, as amended, if not included in the stipulation.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § J, LLOjibwe JCT6 FRC Ch. 6, § J




LLOjibwe JCT6 FRC Ch. 6, § K
Section K. Preparation of Decree

In a scheduled default matter, findings of fact, conclusions of law, order for judgment and decree shall be submitted to the Court prior to the hearing when the parties are represented by counsel.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § K, LLOjibwe JCT6 FRC Ch. 6, § K

 

LLOjibwe JCT6 FRC Ch. 6, § L
Section L. Final Hearings--Sanction for Failure to Appear

Failure to appear at the scheduled final hearing may result in the case being stricken from the contested calendar, granting of partial relief to the appearing party, striking of the non-appearing party's pleadings and the hearing of the matter as a default, an award of the attorney's fees and costs, and such other relief as the Tribal Court finds appropriate, without further notice to the defaulting party.

Where a stipulation has been entered orally upon the record, counsel shall be directed to prepare the decree and shall submit it to the Tribal Court with a copy to each party

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § L, LLOjibwe JCT6 FRC Ch. 6, § L



LLOjibwe JCT6 FRC Ch. 6, § M
Section M. Final Decree

(1) Awards of child support and/or maintenance. All judgments and decrees which include awards of child support and/or maintenance, unless otherwise directed by the Tribal Court, shall include notification to both parties that:

(a) Payment of support or maintenance, or both, is to be as ordered herein, and the giving of gifts or making purchases of food, clothing, and the like will not fulfill the obligation.

(b) Payment of support must be made as it becomes due, and failure to secure, or denial of rights of, visitation is not an excuse for non-payment, but the aggrieved party must seek relief through proper motion filed with the Tribal Court.

(c) The payment of support or maintenance, or both, takes priority over payment of debts and other obligations. An aggrieved obligee of child support or maintenance payments may seek relief through proper motion filed with the Tribal Court.

(d) A party who remarries after dissolution and accepts additional obligations of support does so with full knowledge of her or his prior obligations under this proceeding.

(e) Child support and maintenance are based on annual income, and it is the responsibility of a person with seasonal employment to budget income so that the payments are made regularly throughout the year as ordered.

(2) Public assistance. When a party is receiving or has applied for public assistance, the party obtaining the judgment and decree shall serve a copy on the agency responsible for child support enforcement, and the decree shall direct that all payments of child support and spousal maintenance shall be made to the agency providing the assistance for as long as the custodial parent is receiving assistance.

(3) Child support enforcement. When a private party has applied for or is using the services of the child support enforcement agency, a copy of the decree shall be served by mail upon the agency involved by the party submitting the decree for the Court's execution.

(4) Supervised custody or visitation. A copy of any judgment and decree directing ongoing supervision of custody or visitation shall be provided to the appropriate agency by the party obtaining the decree.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § M, LLOjibwe JCT6 FRC Ch. 6, § M




LLOjibwe JCT6 FRC Ch. 6, § N
Section N. Contempt Proceedings

(1) Moving papers--service; notice. Contempt proceedings shall be initiated by an order to show cause served upon the person alleged to be in contempt together with motions accompanied by appropriate supporting affidavits. The order to show cause shall direct the person alleged to be in contempt to appear and show cause why she or he should not be held in contempt of Tribal Court and why the moving party should not be granted the relief requested by the motion.

(2) The order to show cause shall contain at least the following:

(a) A reference to the specific order of the Tribal Court alleged to have been violated and date of entry of the order;

(b) A quotation of the specific applicable provisions ordered; and

(c) The alleged failures to comply.

(3) Affidavits. The supporting affidavit of the moving party shall set forth each alleged violation of the order with particularity. Where the alleged violation is a failure to pay sums of money, the affidavit shall state the kind of payment which is in default and shall specifically set forth the payment dates and the amounts due, paid, and unpaid for each failure.

(4) Hearing.

The alleged contemnor must appear in person before the Tribal Court to be afforded the opportunity to resist the motion for contempt by sworn testimony. The Tribal Court shall not act upon affidavit alone, absent express waiver by the alleged contemnor of the right to offer sworn testimony.

(5) Disposition.

The Tribal Court may impose such civil fine or other penalty, as it deems appropriate, scheduling of a final hearing in a dissolution proceeding.

(6) Experts. To assist in resolving contested issues, the parties may involve resource persons including lawyers, appraisers, accountants, guardian ad litems and mental health professionals.

(7) Appeals.

Appeal of proceedings pursuant to this Title shall comport with the Leech Lake Band of Ojibwe Rules of Appellate procedure.

Leech Lake Ojibwe Jud. Code, T. 6, Fam. Rel. Code Ch. 6, § N, LLOjibwe JCT6 FRC Ch. 6, § N

 

Home  |   Search  |   Disclaimer  |   Privacy Statement  |   Site Map