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Laws of the Confederated Salish and Kootenai Tribes, Codified

Revised: April 15, 2003

TITLE IV, CHAPTER 4 - SMALL CLAIMS PROCEDURES

4-4-101. Purpose. It is the purpose of this Chapter to promote the disposition of small claims in Tribal Court without the necessity of a formal trial.

(a) when the amount claimed is not less that $50, nor more than $3000, exclusive of costs; and

(b) when the transaction on which the claim is based occurred within the exterior boundaries of the Flathead Reservation; and

(c) when the parties are subject to the jurisdiction of the Tribal Court pursuant to Section 1-2-104 of this Code and applicable federal law.

(2) A plaintiff in a small claims action may be an individual, partnership, corporation, association, firm, government agency or subdivision, guardian, conservator, or personal representative.

(3) No plaintiff may file an assigned claim in the Small Claims Division.

(4) By filing a claim pursuant to these procedures, a plaintiff consents to the Jurisdiction of the Tribal Court for the purpose of adjudicating any counterclaim against him that the defendant may have.

(2) An individual may represent himself in a small claims action. A partnership may be represented by a partner or by an employee. Any other kind of organization may be represented by a member or an employee.

4-4-201. Commencement of Action -- Assistance to Claimant.

(1) A small claims action is commenced whenever any person appears before the Clerk of Court and executes a sworn small claims complaint in substantially the same form as that set forth in Section 4-4-202.

(2) The Clerk of Court shall assist any claimant who requests assistance in preparing his complaint. The Clerk of Court shall prepare, in plain language, instructions explaining the procedures for prosecuting and defending a small claim. The Clerk shall give the plaintiff a copy of the instructions when the plaintiff appears to execute his complaint, and a copy must be attached to the order of court/notice to defendant.

4-4-204. Service on Defendant, Return of Service, and Notification to Plaintiff. (1) The original of the order and notice shall be shown to the defendant,and a copy of it together with a copy of the sworn complaint shall be served upon the defendant in the same manner provided for service of process in civil actions generally.

(2) The process server shall, after effective service, remit the original order, with his signature and the time of service affixed thereto, to the Clerk of Court. Upon receipt of the returned original order, the Clerk shall mail a copy thereof, first class, postage prepaid, to the plaintiff.

4-4-205. Removal From Small Claims Division and Effect of Failure to Remove. (1) Any action commenced in the small claims division of the Tribal Court may be removed to the trial court of the Tribal court by a defendant upon the filing of a notice of removal, in substantially the same form as that provided in Section 4-4-206, with the Clerk of the Court within 5 working days of the service of the complaint and order, or by a plaintiff within 3 working days of the service of a counterclaim as provided in Section 4-4-207.

(2) From the time of the filing of the notice of removal, the small claims division has no further jurisdiction over the claim, and the trial court of the Tribal Court has and exercises the same jurisdiction as though the action had been originally commenced in that court.

(3) Upon the filing of a notice of removal, the Clerk of Court shall mail first class, postage prepaid, a copy of the notice to the other party in the action. The plaintiff is not required to replead unless the court so orders, and no additional fee is required of a plaintiff for the filing of the complaint or of a defendant for the filing of a Counterclaim. The time for the defendant to file an answer to the complaint commences upon the date of the filing of the notice of removal. All laws and rules governing proceedings originally commenced in the trial court of Tribal Court are applicable to removed proceedings.

(4) Failure to request removal within the time provided in subsection (1) constitutes a waiver of the right to trial by Jury and to representation by an attorney or by a Tribal Court Advocate, and the judge shall inform the parties of such fact prior to the hearing.

4-4-208. No further pleading. No form of pleading other than the complaint, the order of the court and notice to defendant, and the counterclaim of the defendant, if there is one, is allowed.

(1) $25 from the plaintiff upon the filing of the sworn complaint; and

(2) $10 from the defendant upon the execution of a sworn counterclaim.

4-4-301. Proceedings to be informal. The hearing and disposition of small claims actions shall be informal.

4-4-303. Burden of proof. A plaintiff has the burden of proving his claim by a preponderance of the evidence, and a defendant bears the burden of proof of his counterclaim by a preponderance of the evidence.

4-4-402. Default Judgment and Dismissal. (1) A defendant's failure to appear at hearing may result in a default judgment against him or her and in a dismissal with prejudice of any counterclaim he or she may have filed.

(2) A plaintiff's failure to appear at hearing may result in a dismissal of his or her claim and, if a counterclaim has been filed in a default judgment against, him or her on the counterclaim.

(3) Non-appearance by both parties at a hearing will result in dismissal of the action with prejudice.

4-4-404. Costs and Interest. The prevailing party in an action before the small claims division is entitled to costs. If a money judgment is awarded, the party in whose favor the judgment is entered will be entitled to interest on the judgment amount commencing on the date of entry of judgment and continuing until the principal balance and accumulated interest is paid in full, by execution on the judgment or otherwise. Interest will be at the rate agreed to by the parties or 10% per annum on the judgment amount and accumulated balance, whichever is less.

4-4-405. Appeal to the Tribal Court of Appeals. Judgments of the court of the Small Claims Division may be appealed according to the rules and practices of the Tribal Court of Appeals.

4-4-406. Attorney's fees upon appeal or removal. (1) If a either party removes a matter to the trial court under the provisions of Section 4-4-205 (1) and (2) but does not prevail in the trial court, the court may grant the other party reasonable attorney's fees, if any.

(2) A party may be represented upon appeal by an attorney, and the court may grant the prevailing party reasonable attorney's fees in addition to costs of suit.

APPENDIX OF FORMS TO BE USED IN SMALL CLAIMS COURT: (Rev. 4-15-03)

(Name & Address of Plaintiff)
________________________
________________________
________________________

IN THE SMALL CLAIMS DIVISION OF THE TRIBAL COURT
OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES
__________________________________________

COMES NOW the Plaintiff named above, being first duly sworn, and upon oath complains that the Defendant is indebted to the Plaintiff in the sum of $ _________ for _______
_______________________________________________________, which sum is now due and owing, and remains unpaid despite demands for payment. The Plaintiff also seeks the award of the costs of this action.

DATED this ____ day of ___________________, 20__.

BY: _______________________, Plaintiff

Subscribed and sworn to before me this ____ day of ____________________, 20__.

______________________________, Clerk of Tribal Court

IN THE SMALL CLAIMS DIVISION OF THE TRIBAL COURT
OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES

TO THE DEFENDANT NAMED ABOVE:

You are hereby directed to appear and answer the attached Small Claims Complaint against you at the courtroom of the Tribal Court in the Tribal Complex at Pablo, Montana, on the ____ day of ___________________, 20__, at ___:___ a.m. / p.m., or as soon thereafter as the matter may be heard, and to have with you all books, papers, and other evidence, as well as witnesses, you may need in presenting your defense and/or in proving your counterclaim. IF YOU FAIL TO APPEAR AT THE APPOINTED TIME, A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU FOR THE ENTIRE AMOUNT DEMANDED IN THE COMPLAINT AND FOR THE COSTS OF BRINGING SUIT.

You are hereby further notified that, within 5 working days of receiving this Order and Notice, you may request that this case be removed from the Small Claims Division and transferred to the civil trial court in Tribal Court to be formally heard under the law and procedure provided under Tribal law. Please carefully read the attached Complaint and Small Claims Instructions and Forms. You may also seek legal advice in deciding how to proceed.

DATED this ____ day of ___________________, 20__.

_____________________________
Judge of Tribal Court

RETURN OF SERVICE

I, _____________________________, hereby certify that I am legally qualified to provide service in Cause No.______________________ and that I personally served the SMALL CLAIMS COMPLAINT and SMALL CLAIMS ORDER OF COURT AND NOTICE TO DEFENDANT and SMALL CLAIMS INSTRUCTIONS AND FORMS upon the Defendant named therein at the place, date, and time given below.

Place served: ______________________
                       ______________________
                       ______________________

Date served: _____/_____/20__

Time served: ____ : ____ a.m. / p.m.

Signature of Process Server: ____________________________

Address of Process Server: ____________________________
                                      ____________________________
                                       ____________________________

(Name & Address of Plaintiff)
________________________
________________________
________________________

IN THE SMALL CLAIMS DIVISION OF THE TRIBAL COURT OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES

The undersigned deposes and says that:

1. I am the Plaintiff in the above captioned action.

2. After diligent search and inquiry, I am unable to serve the above named Defendant either personally or by registered mail.

3. Therefore, I request that the Clerk of Court issue a Small Claims Summons By Publication as prescribed in Title I, Chapter 2, Part 7, Rule 9(3), of the CS&KT Laws Codified.

DATED this ____ day of ___________________, 20__.

BY: _________________________________
(Plaintiff's signature)

ACKNOWLEDGMENT

STATE OF MONTANA )
     : ss.
COUNTY OF LAKE )

On this ____ day of ___________________, 20__, before me _____________________, a Notary Public for the State of Montana, personally appeared ____________________, known to me to be the person whose name is subscribed to the above instrument, and acknowledged to me that he/ she executed the same.

IN WITNESS WHEREOF, I have set my hand and affixed my official seal.

          (SEAL)

________________________________
Notary Public for the State of Montana
Residing at _______________________
My Commission expires _____________

IN THE SMALL CLAIMS DIVISION OF THE TRIBAL COURT OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES

TO THE DEFENDANT NAMED ABOVE:

You are hereby directed to appear and answer the above captioned Small Claims Complaint against you at the courtroom of the Tribal Court in the Tribal Complex at Pablo, Montana, on the ____ day of ___________________, 20__, at ___:___ a.m. / p.m., or as soon thereafter as the matter may be heard, and to have with you all books, papers, and other evidence, as well as witnesses, you may need in presenting your defense and/or in proving your counterclaim. IF YOU FAIL TO APPEAR AT THE APPOINTED TIME, A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU FOR THE ENTIRE AMOUNT DEMANDED IN THE COMPLAINT ($________________) AND FOR THE COSTS OF BRINGING SUIT.

You are hereby further notified that, within 5 working days of receiving this Summons By Publication, you may request that this case be removed from the Small Claims Division and transferred to the civil trial court in Tribal Court to be formally heard under the law and procedure provided under Tribal law. You should immediately come to Tribal Court to read the Complaint and the Small Claims Instructions and Forms packet. You may also seek legal advice in deciding how to proceed.

DATED this ____ day of ___________________, 20__.

S/s _________________________________
CLERK OF TRIBAL COURT

(Name & Address of Defendant)
________________________
________________________
________________________

IN THE SMALL CLAIMS DIVISION OF THE TRIBAL COURT
OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES

COMES NOW the Defendant named above, being first duly sworn, and upon oath alleges that the Defendant is entitled to Counterclaim against the Plaintiff in this action in the sum of $ _________ for ____________

_______________________________________________________________________

________________________________________________________________________, which sum is now due, together with the Defendant's costs of this action.

DATED this _____ day of __________, 20__.

BY: _______________________, Defendant

Subscribed and sworn to before me this ____ day of ____________________, 20__.
______________________________, Clerk of Tribal Court

Plaintiff's name and address:
____________________________
____________________________
____________________________

RETURN OF SERVICE

I, _____________________________, hereby certify that I am legally qualified to provide service in Cause No.______________________ and that I personally served the SMALL CLAIMS COUNTERCLAIM upon the Plaintiff named therein at the place, date, and time given below.

Place served: ______________________
______________________
______________________

Date served: _____/_____/20__

Time served: ____ : ____ a.m. / p.m.

Signature of Process Server: ____________________________

Address of Process Server: ____________________________
____________________________
____________________________

Party's name and address:
____________________________
____________________________
____________________________

IN THE SMALL CLAIMS DIVISION OF THE TRIBAL COURT
OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES

TO: ______________________________, the above named Plaintiff / Defendant:

YOU ARE HEREBY NOTIFIED that the above captioned action is removed from the Small Claims Division of the Tribal Court and is now pending in the Civil Trial Court of the Tribal Court, pursuant to the procedures set forth in Section 4-4-205 of the CS&KT Laws Codified, and that any time previously set for hearing is now vacated.

DATED this ____ day of ___________________, 20__.

_______________________
Signature of Party

CERTIFICATE OF MAILING

I, ____________________, Clerk of Court, do hereby certify that I mailed a true and correct copy of the SMALL CLAIMS NOTICE OF REMOVAL to the named party at the address shown below by depositing same in the U.S. Mail, postage prepaid at Pablo, Montana, on this ____ day of ______________, 20__.

Party's Name and Address:
_____________________________
_____________________________
_____________________________

____________________Clerk of Court

By ___________________________
Deputy Clerk of Court

IN THE SMALL CLAIMS DIVISION OF THE TRIBAL COURT
OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES

The Plaintiff brought this action for money damages against the Defendant in the Small Claims Division of Tribal Court. The Complaint was filed on ____________________, ______, and was properly served upon the Defendant on _____________________, ______. The matter was heard in open court on _____________________, ______. At that hearing the Plaintiff appeared / did not appear and the Defendant appeared / did not appear. From the oral testimony and other evidence presented at the hearing, the Court finds in favor of the Plaintiff and issues Judgment against the Defendant.

THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that the Plaintiff recover the sum of $ _______ from the Defendant together with interest at the rate of ___ % per annum from the date of this Judgment until paid, and for the court costs of the Plaintiff in the amount of $_______, for a total current Judgment amount of $_________.

SO ORDERED this ____ day of _______________, 20__.

_____________________________
Judge of Tribal Court

CERTIFICATE OF MAILING

I, ___________________, Clerk of Court, do hereby certify that I mailed true and correct copies of the SMALL CLAIMS JUDGMENT to the parties first named therein at the addresses shown below by depositing same in the US Mail, postage prepaid at Pablo, Montana, on this ____ day of ________________, 20__.

Plaintiff:                           Defendant:
____________________ ____________________
____________________ ____________________
____________________ ____________________

____________________Clerk of Court

BY __________________________
Deputy Clerk of Court

(Name & Address of Plaintiff or
of Plaintiff's Attorney)
________________________
________________________
________________________

IN THE SMALL CLAIMS DIVISION OF THE TRIBAL COURT
OF THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD RESERVATION

THIS SHALL CERTIFY that the JUDGMENT entered in the Small Claims Division of the Tribal Court of the Confederated Salish and Kootenai Tribes of the Flathead Reservation on the ___ day of_________________, _________, in favor of the Plaintiff, and against the Defendant, has been fully paid, settled, and satisfied, and the Clerk of Tribal Court shall enter satisfaction of record.

DATED this ____ day of ___________________, 20__.

BY: ________________________
(Plaintiff's or plaintiff's attorney's signature)

SO ORDERED this ____ day of _______________, 20__.

__________________________
Judge of Tribal Court

I, ____________________, Clerk of Court, do hereby certify that I mailed true and correct copies of the SATISFACTION OF JUDGMENT to the parties first named therein at the addresses shown below by depositing same in the US Mail, postage prepaid at Pablo, Montana, on this ____ day of ______________, 20__.

Plaintiff

Defendant

Tribal Records Manager

_______________________Clerk of Court

BY __________________________
Deputy Clerk of Court

CSKT Laws Codified January 1, 2000 (Rev. 4-15-03)