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Confederated Salish and Kootenai Tribes of the Flathead Reservation - Tribal Code

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Table of Contents


Chapter 1. Constitution and Bylaws

Part 1. Constitution
Part 2. Bylaws

Chapter 2. Courts

Part 1. Establishment and Jurisdiction

1–2–101. Establishment
1–2–102. Tribal Court
1–2–103. Criminal Jurisdiction
1–2–104. Civil Jurisdiction
1–2–105. Exclusive and Concurrent Jurisdiction
1–2–106. Question of Jurisdiction
1–2–107. Cases Involving a Question of Tribal Jurisdiction

Part 2. Tribal Court Judges

1–2–201. Number, compensation, and duties
1–2–202. Appointment, staggered terms, and advertisement
1–2–203. Removal of a Judge of the Tribal Court
1–2–204. Substitution of Judges

Part 3. Court Adminstration

1–2–301. Duties of the Chief Judge
1–2–302. Appointment and duties of Clerk of Court

Part 4. Representation by Counsel

1–2–401. Declaration of Policy
1–2–402. Indigence Defined

Part 5. Admission to Practice in Tribal Court

1–2–501. Attorneys
1–2–502. Law Students
1–2–503. Admission Required Prior to Filing Papers
1–2–504. Tribal Court Advocates
1–2–505. Child Support Investigators
1–2–506. Pro Se and Tribal Member Representation

Part 6. Juries and Witnesses

1–2–601. Composition of venire
1–2–602. Selection of jury panels
1–2–603. Composition of a jury for a civil action
1–2–604. Civil verdicts
1–2–605. Jurors' compensation and reimbursement
1–2–606. Juries in civil cases
1–2–608. Compensation of witnesses
1–2–609. Service of subpoenas
1–2–610. Effect of failure to obey a subpoena
1–2–611. Privileged confidentiality in certain relations
1–2–612. Waiver of privilege
1–2–613. Privileged and Confidential Information

Part 7. Rules of Practice in Actions and Proceedings Before the Tribal Court

Rule 1. Application
Rule 2. Assignment of Judges
Rule 3. Trial Scheduling
Rule 4. Court Records
Rule 5. Computation of Time
Rule 6. Copies and Filing Fees
Rule 7. Format of Papers Presented for Filing
Rule 8. Commencement of Civil Actions
Rule 9. Service of Process in Civil Actions
Rule 10. Pleading in Civil Actions
Rule 11. Jurisdictional Allegations and Defenses in Civil Actions
Rule 12. Defenses and Objections in Civil Actions
Rule 13. Ex Parte Matters
Rule 14. Motions
Rule 15. Pretrial Conference and Pretrial Memorandum And Order
Rule 16. Discovery in Civil Actions
Rule 17. Change of Counsel
Rule 18. Jury Instructions and Verdict Forms
Rule 19. Findings of Fact and Conclusions of Law
Rule 20. Orders, Judgments or Decrees
Rule 21. Exceptions Unnecessary

Part 8. Court of Appeals

1–2–801. Establishment and Composition
1–2–802. Administration
1-2-803. Time and format of decision
1–2–804. Basis of decision
1–2–805. Effect of decision
1–2–806. Times of convening
1–2–807. Rules of Court
1–2–808. Appointment of Justices
1–2–809. Term and oath of office
1–2–810. Qualifications
1–2–811. Vacancies and removal
1–2–812. Additional powers and duties of Justices
1–2–813. Disqualification, recusement, and unavoidable absence
1–2–814. Compensation
1–2–815. Original jurisdiction
1–2–816. Scope of appeal in criminal cases
1–2–817. Scope of jurisdiction in civil cases
1–2–818. Commencement and conduct of original proceedings
1–2–819. Writs of mandamus and prohibition
1–2–820. Procedure upon return of writ of mandate or prohibition
1–2–821. Judgment on writs of prohibition and mandate
1–2–822. Writ of Habeas Corpus

Part 9. Rules of Appellate Procedure

Rule 1. Notice of Appeal
Rule 2. Stay of Judgment or Order Pending Appeal
Rule 3. Record on Appeal
Rule 4. Transmission of the Record on Appeal
Rule 5. Docketing the Appeal and Filing the Record
Rule 6. Effect of Dismissal
Rule 7. Harmless Error
Rule 8. Ruling against Respondent May Be Reviewed
Rule 9. Remedial Powers of the Court of Appeals in Civil Cases
Rule 10. Certification of Judgment to Clerk of the Tribal Court
Rule 11. Appeals in Forma Pauperis
Rule 12. Filing and Service
Rule 13. Motions
Rule 14. Computation and Extension of Time
Rule 15. Briefs
Rule 16. Oral Arguments
Rule 17. Return and Remand
Rule 18. Entry and Notice of Appellate Orders, Judgments, or Decisions
Rule 19. Interest on Civil Judgments
Rule 20. Costs on Appeal
Rule 21. Petitions for Rehearing en Banc
Rule 22. Voluntary Dismissal


Chapter 1. Tribal Offenses

Part 1. General Prliminary Provisions

2–1–101. Purpose and construction
2–1–102. Civil actions not barred
2–1–103. Exclusiveness of offenses
2–1–104. Prosecution for multiple offenses
2–1–105. Limitation on prosecutions based on same transaction
2–1–106. Lesser included offenses
2–1–107. Burden of proof
2–1–108. Classification of offenses: exclusive & concurrent jurisdiction
2–1–109. Time limitations
2–1–110. Sentencing
2–1–111. Mental state
2–1–112. Strict liability
2–1–113. Temporary orders of protection
2–1–114. Definitions

Part 2. Liability Principles

2–1–201. Conduct and result
2–1–202. Voluntary act
2–1–203. Responsibility
2–1–204. Accountability

Part 3. Affirmative Defenses and Justifiable Use of Force

2–1–301. Consent
2–1–302. Compulsion
2–1–303. Entrapment
2–1–304. Self–defense
2–1–305. Use of force by aggressor
2–1–306. Use of deadly force
2–1–307. Resisting arrest

Part 4. Inchoate Offenses

2–1–401. Conspiracy
2–1–402. Solicitation
2–1–403. Attempt

Part 5. Offenses Involving Damage to the Person

2–1–501. Homicide
2–1–502. Aiding or soliciting suicide
2–1–503. Assault
2–1–504. Aggravated assault
2–1–505. Intimidation
2–1–506. Mistreating prisoners
2–1–507. Negligent vehicular assault
2–1–508. Negligent endangerment
2–1–509. Criminal endangerment
2–1–510. Stalking
2–1–511. Abuse of an elderly or vulnerable person
2–1–512. Robbery
2–1–513. Unlawful restraint
2–1–514. Kidnapping
2–1–515. Aggravated kidnaping
2–1–516. Terrorism

Part 6. Sex Crimes

2–1–601. Sexual assault
2–1–602. Sexual intercourse without consent
2–1–603. Indecent exposure
2–1–604. Sexual abuse of children
2–1–605. Incest
2–1–606. Provisions generally applicable to sexual crimes

Part 7. Offenses Against the Family

2–1–701. Domestic abuse
2–1–702. Prostitution
2–1–703. Aggravated promotion of prostitution
2–1–704. Bigamy
2–1–705. Failure to support or care for dependent person
2–1–706. Contributing to the delinquency of an underage person
2–1–707. Failure to send children to school
2–1–708. Custodial interference
2–1–709. Visitation interference
2–1–710. Curfew violation

Part 8. Offenses Against Property

2–1–801. Arson
2–1–802. Negligent arson
2–1–803. Criminal mischief
2–1–804. Trespass
2–1–805. Burglary
2–1–806. Theft
2–1–807. Theft of lost or mislaid property
2–1–808. Theft of labor or services or use of property
2–1–809. Failure to return rented or leased property
2–1–810. Aiding the avoidance of telecommunications charges
2–1–811. Unauthorized acquisition or transfer of food stamps
2–1–812. Waste, sale or trade of food distribution program foods
2–1–813. Unauthorized use of motor vehicle
2–1–814. Unlawful use of a computer
2–1–815. Issuing a bad check
2–1–816. Defrauding creditors
2–1–817. Deceptive practices
2–1–818. Deceptive business practices
2–1–819. Forgery
2–1–820. Obscuring the identity of a machine
2–1–821. Illegal branding or altering or obscuring a brand

Part 9. Offenses Against Public Administration

2–1–901. Definitions
2–1–902. Bribery
2–1–903. Improper influence in official matters
2–1–904. Compensation for past official behavior
2–1–905. Gifts to Tribal public servants by persons subject to their jurisdiction
2–1–906. Perjury
2–1–907. False swearing
2–1–908. Unsworn falsification to authorities
2–1–909. False alarms to agencies of public safety
2–1–910. False reports to law enforcement officers
2–1–911. Tampering with witnesses, informants, or physical evidence
2–1–912. Impersonating a Tribal public servant
2–1–913. False claims to Tribal agencies
2–1–914. Resisting arrest
2–1–915. Obstructing a law enforcement officer or other Tribal public servant
2–1–916. Obstructing justice
2–1–917. Violation of a protective order
2–1–918. Escape
2–1–919. Providing contraband
2–1–920. Bail–jumping
2–1–921. Criminal contempt
2–1–922. Official misconduct

Part 10. Offenses Against Public Order

2–1–1001. Disorderly conduct
2–1–1002. Riot
2–1–1003. Public nuisance
2–1–1004. Creating a hazard
2–1–1005. Illegal possession or use of liquor
2–1–1006. Harming a police dog
2–1–1007. Causing animals to fight
2–1–1008. Cruelty to animals
2–1–1009. Maintaining a Vicious Dog

Part 11. Communications Offenses

2–1–1101. Promoting obscene acts or materials
2–1–1102. Public display or dissemination of obscene material to minors
2–1–1103. Violation of privacy in communications
2–1–1104. Bribery in contests

Part 12. Weapons Offenses

2–1–1201. Carrying concealed weapon
2–1–1202. Possession of deadly weapon by prisoner
2–1–1203. Carrying a concealed weapon while under the influence
2–1–1204. Carrying concealed weapon in a prohibited place
2–1–1205. Carrying or bearing a switchblade knife
2–1–1206. Reckless or malicious use of explosives
2–1–1207. Possession of a destructive device
2–1–1208. Possession of explosives
2–1–1209. Possession of a silencer
2–1–1210. Possession of a sawed–off firearm
2–1–1211. Firing firearms
2–1–1212. Use of firearms by children under 14 years

Part 13. Traffic Violations

2–1–1302. Tribal Traffic Court
2–1–1303. Tribal Driver Improvement Program

Part 14. Offenses Involving Dangerous Drugs

2–1–1401. Drug violations
2–1–1402. Possession, manufacture, delivery, or advertisement of drug paraphernalia

Chapter 2. Criminal Procedure

Part 1. General Preliminary Provisions

2–2–101. Purpose and construction
2–2–102. General definitions
2–2–103. Criminal jurisdiction
2–2–104. Rights of defendant
2–2–105. Subsequent prosecutions

Part 2. Investigavtive Procedures

2–2–201. Investigative subpoenas
2–2–202. Relief from improper subpoena
2–2–203. Conduct of investigative hearing
2–2–204.  Self-incrimination - immunity
2–2–205. Authorization for search and seizure
2–2–206. Scope of search after arrest
2–2–207. Execution of a search warrant
2–2–208. Grounds for a search warrant
2–2–209. Scope of search
2–2–210. What may be seized with search warrant
2–2–211. Seizures related to controlled substances
2–2–212. Procedures for seizures related to controlled substances
2–2–213. Disposition of seized property not associated with a drug–related crime
2–2–214. Investigative stop
2–2–215. Stop and frisk
2–2–216. Roadblocks
2–2–217. Duration of stop

Part 3. Commencing Prosecution

2–2–301. Citation
2–2–302. Complaint
2–2–303. Amending the complaint
2–2–304. Joinder and severance of offenses and defendants
2–2–305. Discharge of codefendant
2–2–306. Multiple charges from the same transaction

Part 4. Arrest and Related Procedures

2–2–401. Method of arrest
2–2–402. Time of making arrest
2–2–403. Arrest by law enforcement officer
2–2–404. Arrest warrants
2–2–405. Notice of rights prior to interrogation
2–2–406. Summons
2–2–407. Written report when no arrest made in abuse situation
2–2–408. Notice of rights in abuse situation
2–2–409. Extradition

Part 5. Initial Appearance, Presence of Defendant, and Right to Counsel

2–2–501. Initial appearance
2–2–502. Duty of court at initial appearance
2–2–503. Presence of defendant
2–2–504. Right to counsel

Part 6. Bail

2–2–601. Release prior to criminal proceedings
2–2–602. Release or detention
2–2–603. Release on own recognizance and reasonable bail
2–2–604. Conditions upon defendant's release
2–2–605. Bail schedule
2–2–606. Changing bail or conditions of release
2–2–607. Forms of bail
2–2–608. Property and surety bonds
2–2–609. Release of bail
2–2–610. Violation of a release order
2–2–611. Forfeiture order
2–2–612. Surrender of defendant

Part 7. Arraignment of the Defendant

2–2–701. Joint defendants
2–2–702. Procedure on arraignment
2–2–703. Plea alternatives
2–2–704. Record of arraignment
2–2–705. Plea agreement procedure
2–2–706. Telephonic change of plea

Part 8. Pretrial Motions and Discovery

2–2–801. Pretrial defenses and objections
2–2–802. Suppression of evidence
2–2–803. Motion to suppress confession or admission
2–2–804. Disclosure by prosecution
2–2–805. Disclosure by defendant
2–2–806. Severance
2–2–807. Notice of alibi
2–2–808. Motion for continuance
2–2–809. Pretrial conference
2–2–810. Pretrial diversion
2–2–811. When depositions may be taken
2–2–812. Procedure for taking depositions
2–2–813. Use of depositions at trial
2–2–814. Subpoenas

Part 9. Mental Disorder

2–2–901. Mental disorder
2–2–902. Evidence of mental disorder admissible as an affirmative defense
2–2–903. Mental disorder excluding fitness to proceed
2–2–904. Examination of defendant
2–2–905. Prosecution's right to examination
2–2–906. Access to defendant for examination
2–2–907. Report of examination
2–2–908. Psychiatric or psychological testimony upon trial
2–2–909. Form of verdict and judgment
2–2–910. Admissibility of statements made during examination or treatment
2–2–911. Determination of fitness to proceed - effect of finding of unfitness
2–2–912. Proceedings if fitness regained
2–2–913. Commitment upon finding of not guilty by reason of mental disorder.
2–2–914. Discharge or release upon motion
2–2–915. Application for discharge or release by committed person
2–2–916. Revocation of conditional release

Part 10. Trial

2–2–1001. Right to a jury trial
2–2–1002. Priority on the Tribal Court calendar
2–2–1003. Questions of law and fact
2–2–1004. Rules of evidence in criminal cases
2–2–1005. Trial preparation time
2–2–1006. Burden of proof
2–2–1007. Order of trial
2–2–1008. Insufficient evidence

Part 11. Juries

2–2–1101. Motion to discharge a jury panel
2–2–1102. Examination of prospective jurors
2–2–1103. Challenges
2–2–1104. Conduct of jury during trial
2–2–1105. View of relevant place or property
2–2–1106. Jury instructions
2–2–1107. Jury deliberations
2–2–1108. Items that may be taken into jury room
2–2–1109. Activity of the court during jury's absence
2–2–1110. Form of verdict
2–2–1111. Polling the jury
2–2–1112. Conviction of lesser included offense
2–2–1113. Discharging jurors
2–2–1114. Motion for a new trial

Part 12. Sentence and Judgment

2–2–1201. Rendering judgment and pronouncing sentence
2–2–1202. Sentencing considerations
2–2–1203. Imposition of sentence
2–2–1204. Execution of sentence
2–2–1205. Restitution
2–2–1206. Payment of fines and restitution
2–2–1207. Revocation of parole or suspended or deferred sentence
2–2–1208. Dismissal and expungement after deferred sentence
2–2–1209. Failure to pay a fine
2–2–1210. Credit for time served
2–2–1211. Credit for incarceration prior to conviction

Part 13. Traffic Court Procedure

2-2-1301. Purpose
2-2-1302. Traffic Court Proceedings
2-2-1303. Presumption of Innocence and Burden of Proof
2-2-1304. Defendants Rights in Traffic Court
2-2-1305. Initial Appearance in Traffic Court
2-2-1306. Forfeiture of Bond in lieu of Appearance
2-2-1307. Traffic Court Bench Trials
2-2-1308. Failure to Appear
2-2-1309. Sentencing in Traffic Court
2-2-1310. Appeal
2-2-1311. Record of Convictions

Chapter 3. Probation and Parole

Part 1. Administration

2–3–101. Establishment of Department of Tribal Probation and Parole
2–3–102. Organization of the Department
2–3–103. Powers and duties of juvenile probation officers
2–3–104. Definitions
2–3–105. Adult Probation Duties of the Department
2–3–106. Powers of the Department of Adult Probation

Part 2. Probation

2–3–201. Declaration of purpose and policy
2–3–202. Penalty upon revocation of probation or parole
2–3–203. Arrest for violation of a condition of probation
2–3–204. Probation revocation hearing

Part 3. Parole

2–3–301. Duties of the Adult Probation and Parole Officer
2–3–302. Eligibility for parole
2–3–303. Parole hearing
2–3–304. Granting parole
2–3–305. Penalty for violation of a condition of parole
2–3–306. Arrest of alleged parole violator
2–3–307. Determination of probable cause after arrest
2–3–308. Parole revocation hearing


Chapter 1. Domestic Relations

Part 1. General Provisions

3-1-101. Marriages
3-1-102. Annulment
3-1-103. Divorce or separation
3-1-104. Procedure
3-1-105. Separation agreement
3-1-106. Adoption
3-1-107. Probate, descent and distribution
3-1-108. Change of name
3-1-109. Grandparent Contact

Part 2. Paternity

3-1-201. Purpose
3-1-202. Jurisdiction
3-1-203. Applicability
3-1-204. General Provisions
3-1-205. Rules of Procedure in Paternity Proceedings
3-1-206. Definitions
3-1-207. Presumption of Paternity
3-1-208. Good Cause Not to Establish Paternity
3-1-209. Artificial Insemination
3-1-210. Agreed Paternity Order
3-1-211. Paternity Petition
3-1-212. Paternity Hearing
3-1-213. Evidence Relating to Paternity
3-1-214. Genetic Testing
3-1-215. Paternity Order
3-1-216. Disestablishment of Presumed Paternity
3-1-217. Paternity Records
3-1-218. Paternity Established by other Jurisdictions

Part 3. Child Support

3-1-301. Purpose
3-1-302. Jurisdiction
3-1-303. General Provisions
3-1-304. Procedure for Child Support Proceedings
3-1-305. Definitions
3-1-306. CSKT Tribal Child Support Enforcement Program
3-1-307. Confidentiality
3-1-308. Petition for Child Support
3-1-309. Notice to Child Support Program
3-1-310. Setting the Initial Child Support Hearing
3-1-311. Agreed Child Support Order
3-1-312. Child Support Hearing
3-1-313. Child Support Order
3-1-314. Default Child Support Order
3-1-315. Modification of Child Support Orders
3-1-316. Enforcement of Child Support Orders
3-1-317. Child Support Guidelines and Schedule
3-1-318. Determination of Income
3-1-319. Pre-filing Child Support Obligations
3-1-320. Deviation from Child Support Guidelines and Schedule
3-1-321. Sovereign Immunity

Chapter 2. Child Abuse and Neglect

Part 1. General Provisions and Definitions

3-2-101. Policy
3-2-102. Definitions
3-2-103. Jurisdiction
3-2-104. Rights and Responsibilities of Parents
3-2-105. Guardian ad Litem
3-2-106. Subpoena Power
3-2-107. Legislative Case Review and Advisory Committees
3-2-108. Duties of TSSD
3-2-109. Confidentiality
3-2-110. Representation
3-2-111. Federal Rules of Evidence
3-2-112. Appeals

Part 2. Reports and Investigations of Child Abuse and Neglect

3-2-201. Reports of Child Abuse and Neglect
3-2-202. Responsibility and Confidentiality of Reporting
3-2-203. Administrative Appeal of Case Substantiation
3-2-204. Immunity from Liability
3-2-205. Admissibility and Preservation of Evidence

Part 3. Emergency Protective Care

3-2-301. Emergency Protective Care
3-2-302. Petition for Emergency Protection and Emergency Protective Services
3-2-303. Show cause hearing – order
3-2-304. Service of Process – Service by Publication – Effect
3-2-305. Service by Publication – Summons – Form
3-2-306. Putative Fathers – Service by Publication – Continuation of Proceedings

Part 4. Cooperative/Diversion Alternatives

3-2-401. Stipulations
3-2-402. Voluntary Protective Services Agreement
3-2-403. Voluntary Placement Agreement Limitation
3-2-404. Informal Adjustment Conference

Part 5. Temporary Investigative Authority

3-2-501. Temporary Investigative Authority
3-2-502. Burden of Proof

Part 6. Temporary Protective Care

3-2-601.  Petition for Temporary Protective Care
3-2-602. Reasonable Efforts Unnecessary
3-2-603. Permanency Plan When Reasonable Efforts Not Necessary
3-2-604. Notice
3-2-605. Service
3-2-606. Intervention in Proceedings
3-2-607. Right to Notice and Comment
3-2-608. Adjudication – temporary disposition – findings – order
3-2-609. Disposition – hearing – order
3-2-610. Service Treatment Plans
3-2-611. Permanency Planning
3-2-612. Permanency Placement Options

Part 7. Long-Term Care - Permanent Living Arrangment

3-2-701. Permanency hearing

Part 8. Termination of Parental Rights

3-2-801. Methods of Termination of Parental Rights
3-2-802. Involuntary Termination of Parental Rights
3-2-803. Inheritance and Residual Rights
3-2-804. Timelines and Exceptions
3-2-805. Voluntary Relinquishment of Parental Rights
3-2-806. Adoption Following Voluntary Relinquishment of Parental Rights or Involuntary Termination of Parental Rights

Part 9. Suspension of Parental Rights

3-2-901. Methods of Suspension of Parental Rights
3-2-902. Involuntary Suspension of Parental Rights
3-2-903. Voluntary Consent to Suspension of Parental Rights
3-2-904. Customary Adoption or Guardianship Following Voluntary Consent to Suspension of Parental Rights or Involuntary Suspension of Parental Rights

Part 10. Guardianship

3-2-1001.  Guardianship
3-2-1002. Order of Guardianship
3-2-1003. Termination of Guardianship

Part 11. Customary Adoption

3-2-1101. Customary Adoption
3-2-1102. Order of Customary Adoption

Part 12. Referrals Under the Indian Child Welfare Act

3-2-1201. Purpose
3-2-1202. Receipt of Referrals
3-2-1203. Duties of the Clerk of Court
3-2-1204. Duties of the Chief Judge of the Tribal Court
3-2-1205. Investigation of Referral
3-2-1206. Proceedings upon transfer

Chapter 3. Youth

Part 1. Purpose, Definitions, and Jurisdiction

3-3-101. Purpose
3-3-102. Definitions

Part 2. Transfer to Adult Tribal Court or State District Youth Court

3-3-201. Transfer of Jurisdiction to Adult Tribal Court
3-3-202. Transfer of Jurisdiction to State District Youth Court

Part 3. Youth Court Procedure

3-3-301. Non-criminal proceedings
3-3-302. Use in other proceedings
3-3-303. Rules of procedure
3-3-304. Confidentiality
3-3-305. Youth Court Records
3-3-306. Disposition of records

Part 4. Youth Court Authority

3-3-401. Scope of Youth Court Authority
3-3-402. Powers and duties of the Youth Court
3-3-403. Additional Youth Court personnel
3-3-404. Status Offenses
3-3-405. Youth Curfew Violation
3-3-406 Runaway
3-3-407. Truancy

Part 5. Rights of Youth

3-3-501. Right against self-incrimination
3-3-502. Admissibility of evidence
3-3-503. Fingerprints and photographs
3-3-504. Right to appointed counsel
3-3-505. Explanation of rights
3-3-505. Parental Responsibility

Part 6. Procedure for Taking a Youth Offender into Custody

3-3-601. Taking a youth into custody
3-3-602. Provision of rights
3-3-603. Release or delivery from custody
3-3-604.  Review for need of continued custody
3-3-605. Notifications to family
3-3-606. Criteria for selecting a youth facility

Part 7. Youth Offender Detention Hearing

3-3-702. Purpose of the detention hearing
3-3-703. Notice of detention hearing
3-3-704. Detention hearings
3-3-705. Notification of rights at detention hearing
3-3-706.  Findings at detention hearing.
3-3-707.  Rehearing of detention matter.

Part 8. Youth Court I Procedure

3-3-801. Purpose
3-3-802. Youth Court I Proceedings
3-3-803. Required Appearance by the Youth’s Custodial Parent or Guardian
3-3-804. Youth Rights in Youth Court I
3-3-805. Dispositional Alternatives
3-3-806. Initial Appearance in Youth Court I
3-3-807. Tribes’ Burden of Proof
3-3-808. Youth Court I Bench Trials
3-3-809. Failure to Appear
3-3-810. Judgments in Youth Court I
3-3-81. Appeal
3-3-812. Record of Judgments

Part 9. Youth Court II Procedure

3-3-901. Purpose
3-3-902. Investigation by a juvenile officer
3-3-903. Informal Adjustment Conference
3-3-904. Filing and content of petition
3-3-905. Issuance of summons
3-3-906. Content of the summons
3-3-907. Service of the summons
3-3-908. Availability of consent decree
3-3-909. Objection to consent decree
3-3-910. Failure to fulfill terms and conditions
3-3-911. New youth offense complaint
3-3-912. Dismissal of youth offender petition
3-3-913. Initial Hearing
3-3-914. Scheduling Orders
3-3-915. Adjudicatory Hearing
3-3-916. “Youth offender” finding after adjudicatory hearing
3-3-917. Predisposition study and report
3-3-919. Medical assessment and treatment
3-3-920. Transfer for diagnosis
3-3-921. Submission of reports
3-3-922. Purpose and conduct of disposition hearing
3-3-923. Time limitations on disposition hearings
3-3-924. Notice of disposition hearing
3-3-925. Evidence and reports
3-3-926.  Disposition alternatives
3-3-927. Mandatory review of disposition order
3-3-928. Hearing to modify, revoke, or extend disposition order
3-3-929. Automatic termination of disposition order

Part 10. Youth Appeals

3-3-1001. Who can appeal
3-3-1002. Stay of order or disposition by appeal
3-3-1003. Conduct of proceedings

Chapter 4. Mental Health

Part 1. Statement of Policy, Purpose, and Definitions

3-4-101. Statement of Policy
3-4-102. Purpose
3-4-103. Definitions

Part 2. Treatment and Procedures

3-4-201. Voluntary Admission
3-4-202. Standards for Detention for Emergency Situation
3-4-203. Detention to be in Least Restrictive Environment
3-4-204. Procedural Rights
3-4-205. Petition for Commitment
3-4-206. Who May File a Petition to Commit
3-4-207. Court Proceedings
3-4-208. Detention of Respondent pending hearing or trial - jail prohibited
3-4-209. Request for Jury Trial
3-4-210. Hearing on Petition for Commitment
3-4-211. Appeal Procedure
3-4-212. Diversion of Certain Mentally Ill Persons from Jail
3-4-213. Establishment of Patient Treatment Plan - Patient’s Rights
3-4-214. Examination Following Commitment
3-4-215. Crisis Intervention
3-4-216. Confidentiality of Records
3-4-217. Care and Treatment Following Release

Chapter 5. Adult Protection

Part 1. General Provisions

3-5-101. Purpose
3-5-102. Eligibility
3-5-103. Civil nature of Chapter
3-5-104. Procedural rights
3-5-105. Definitions
3-5-106. Reports of abuse, neglect and exploitation - confidentiality
3-5-107. Designated tribal authority's investigative action on reports
3-5-108. Voluntary adult protective services
3-5-109. Adult protective services order
3-5-111. Procedures for determining incapacity
3-5-112. Guardianship and conservatorship  proceedings
3-5-113. Adult protection team
3-5-114. Regulations
3-5-115. Severability


Chapter 1. Civil Actions, Limitations, and Liability

Part 1. Civil Actions

4-1-101. No merger of civil and criminal actions
4-1-102. Availability of civil actions
4-1-103. Bases for civil actions
4-1-104. Laws applicable in civil actions
4-1-105. When action accrues and commences
4-1-106. Survival of cause of action and action for wrongful death
4-1-107. Action by parent or guardian for injury to child or ward
4-1-108. Action for work-related injury, disease or death

Part 2. Statutes of Limitation

4-1-201. Period of limitation on civil actions
4-1-202. Circumstances which extend period of limitation

Part 3. Liability

4-1-301. Liability for negligence as well as willful acts
4-1-302. Comparative negligence
4-1-303. Products liability

Part 4. Tribal Governmental Immunity

4-1-401 Immunity from suit
4-1-402 Limited waivers of immunity

Part 5. Defense and Indemnification of Tribal Officers, Agents and Employees

4-1-501. Purpose
4-1-502. Scope
4-1-503. Procedure
4-1-504. Indemnification
4-1-505. Bar to other actions on same subject
4-1-506. Conduct not indemnified
4-1-507. Disputed exclusions
4-1-508. Treatment of Volunteers as Employees for Liability Purposes

Chapter 2. Civil Remedies

Part 1. Traditional Remedies

4-2-101. When available
4-2-102. Objection to traditional relief

Part 2. Damages

4-2-201. Detriment defined
4-2-202. Right to compensatory damages
4-2-203. Right to damages for future detriment
4-2-204. Limitation on tort recovery from Tribes and Tribally owned corporations
4-2-205. Nominal damages when no appreciable detriment
4-2-206. Measures of particular damages
4-2-207. Collateral source reductions in actions arising from bodily injury or death
4-2-208. Right to interest
4-2-209. Interest on torts
4-2-210. Interest on contracts
4-2-211. When award of interest discretionary
4-2-212. Waiver of interest by accepting principal
4-2-213. Punitive damages

Part 3. Specific Performance of Obligations

4-2-301. When specific performance may be required
4-2-302. When specific performance of an obligation may be compelled
4-2-303. Obligations which cannot be specifically enforced
4-2-304. Right to specific performance mutual
4-2-305. Parties who cannot be compelled to perform
4-2-306. Parties who cannot obtain specific performance

Part 4. Prejudgment Attachment

4-2-401. Cases in which property may be attached
4-2-402. Property subject to attachment
4-2-403. Court record not public until writ returned
4-2-404. Attachment book to be kept by Clerk of Court
4-2-405. Time for issuance of writen notice
4-2-406. Plaintiff's affidavit
4-2-407. Affidavit requirements when debt not yet due
4-2-408. Plaintiff's undertaking
4-2-409. Form and content of written defendant's undertaking to prevent levy
4-2-410. Custody of books and evidences of title
4-2-411. Attachment of non-trust real property
4-2-412. Personal property capable of manual delivery
4-2-413. Debts, credits, and personal property in control of third person or not capable of manual delivery
4-2-414. Duty to execute and security for police costs
4-2-415. Personal property subject to a security interest
4-2-416. Examination of defendant or person controlling property or debts - order that property be delivered
4-2-417. Sheriff to retain nonperishable attached property and proceeds of sales - claim by third person
4-2-418. Inventory of attached property - cooperation of persons controlling credits or debts
4-2-419. Return of the writ
4-2-420. Notice of right to post seizure hearing- quashing a writ.
4-2-421. Discharge of writ improperly issued
4-2-422. Sale of attached property
4-2-423.  Judgment when debt not due
4-2-424. Disposition of attached property and proceeds of sales

Part 5. Declaratory Judgments and Injunctions

4-2-501. Declaratory judgment - creation of remedy
4-2-502. Procedure for obtaining a declaratory judgment
4-2-503. Interpretation
4-2-504. Further relief
4-2-505. Definition of injunction
4-2-506. When injunction may not be granted
4-2-507. Form and scope of injunction or restraining order
4-2-508. Temporary restraining order
4-2-509. Grant of restraining order without notice
4-2-510. Application for injunction to be heard without delay
4-2-511. Notice of application for preliminary injunction
4-2-512. Evidence required for issuance of preliminary injunction
4-2-513. Application to dissolve or modify an injunction - hearing

Part 6. Repossession

4-2-601. Jurisdiction over Indian property
4-2-602. Jurisdiction over parties seeking repossession
4-2-603. Consent to repossession
4-2-604. Repossession with foreign judgment
4-2-605. Action for repossession commenced by filing complaint
4-2-606. Answer to complaint and hearing
4-2-607. Interlocutory relief
4-2-608. Procedure after repossession
4-2-609. Relief for improper repossession

Chapter 3. Civil Judgments

Part 1. Civil Judgments and Records

4-3-101. Definition
4-3-102. Whose rights determined
4-3-103. Judgment on findings by the court
4-3-104. Validity and effect of judgment
4-3-105. Default
4-3-106. Setting aside default
4-3-107. Offer of judgment
4-3-108. Records of judgments
4-3-109. Entry of judgment
4-3-110. Docketing of judgment - period of lien
4-3-111. Entry of satisfaction of judgment in docket

Part 2. Enforcement of Foreign Judgments

4-3-201. Definition
4-3-202. Filing and status of federal court judgment
4-3-203. Notice of filing of federal judgment
4-3-204. Filing and status of state court judgments and judgments of other tribal courts
4-3-205. Grounds for declination of enforcement of state court judgment
4-3-206. Decision and enforcement
4-3-207. Authentication of foreign judgment and court records
4-3-208. Fees

Part 3. Execution on Judgment

4-3-301. Time limit for issuing execution
4-3-302. Renewal after 10 years
4-3-303. Execution after death of a party
4-3-304. Compelling contribution or repayment
4-3-305. Methods of enforcement
4-3-306. Application for writ of execution
4-3-307. Execution Upon Property Subject to a Security Interest
4-3-308. Contents of writ
4-3-309. Issuance of writ
4-3-310. Execution in particular circumstances
4-3-311. To whom execution issued
4-3-312. How writ executed
4-3-313. Security for costs when property seized
4-3-314. Return of the execution
4-3-315. Clerk to record returned execution
4-3-316. Property subject to execution - limitations and exemptions
4-3-317. Property exempt from execution
4-3-318. Effective date and application to pending proceedings

Chapter 4. Small Claims Procedures

Part 1. General Provisions

4-4-101. Purpose
4-4-102. Application and Parties
4-4-103. Representation

Part 2. Procedure Before Trial

4-4-201. Commencement of a small claims action and assistance to claimant
4-4-202. Form of Complaint, Order of Court, and Notice to Defendant
4-4-203. Hearing date
4-4-204. Service on defendant, return of service, and notification to plaintiff
4-4-205. Removal from Small Claims Division and effect of failure to remove
4-4-206. Notice of removal
4-4-207. Defendant's counterclaim
4-4-208. No further pleading
4-4-209. Fees

Part 3. Proceedings at Hearing

4-4-301. Proceedings to be informal
4-4-302. Witnesses, evidence, and subpoena power
4-4-303. Burden of proof
4-4-304. Record of Proceedings

Part 4. Judgment and Appeal

4-4-401. Entry of Judgment
4-4-402. Default Judgment and dismissal
4-4-403. Execution on judgment
4-4-404. Costs and interest
4-4-405. Appeal to the Tribal Court of Appeals
4-4-406. Attorney's fees upon removal or appeal

[Table of Contents created by NILL in March 2014, based on materials available on tribe's website. Tribal code was last revised on March 21, 2013.]

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