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to Table of Contents [Oneida
Indian Nation (New York) Codes and Rules]
Last amended: 2004 RULES FOR DEBT COLLECTION Table of Contents Rule 101.
Title
These Rules shall be known as the Oneida Indian Nation Rules for Debt Collection.
Unless otherwise required by the context, the following words and phrases shall be defined accordingly: "Clerk" means the Oneida Nation Court Clerk. "Credit" means the right granted by the Oneida Indian Nation to a debtor-patron to incur debt and/or to defer payment of a debt. "Credit Instrument" means any writing which evidences a debt owed to the Oneida Indian Nation at the time the debt is created, and includes counter checks, markers, personal checks, cash equivalents, and any writing taken in consolidation, redemption or payment of a prior credit instrument, which are cashed in conformity with procedures governing the issuance of credit at the Gaming Enterprise. "Gaming Enterprise" means Turning Stone Casino, an enterprise of the Oneida Indian Nation. "Nation" means the Oneida Indian Nation. "Nation Court" means the Oneida Indian Nation Court. "Person" means any individual, firm, partnership, corporation, association, or any other entity.
a. These rules govern the procedure in the Nation Court in all actions involving credit instruments relating to the Gaming Enterprise. These rules shall be construed and administered to secure the just, speedy, and inexpensive determination of such actions. b. Any person who has received credit from the Gaming Enterprise is deemed to have submitted to the jurisdiction of the Nation Court. c. The Nation Court shall have jurisdiction over these causes of actions. The Court's jurisdiction shall be civil in nature and shall include the power to impose fines and sanctions for contempt, and such other orders as may be appropriate.
An action for collection of a debt is commenced by filing a complaint with the Nation Court.
a. Form. The Summons shall be signed by the Clerk, identify the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney. The Summons shall also state the times within which the defendant must appear and file an answer to the Complaint, and notify the defendant that failure to do so will result in a judgment by default against the defendant for the relief demanded in the Complaint. b. Issuance. Upon or after filing the Complaint, the plaintiff shall present a summons to the Clerk for signature. If the Summons is in proper form, the Clerk shall sign and issue it to the plaintiff for service on the defendant. A Summons, or a copy of the Summons if addressed to more than one defendant, shall be issued for each defendant to be served. c. Service with Complaint and by Whom Made.
d. Manner of Service. A person domiciled within the territorial jurisdiction of the Oneida Indian Nation or subject to the jurisdiction of the Nation Court may be served with process within or outside the territorial jurisdiction of the Oneida Indian Nation in any of the following manners:
e. Proof of Service. The person effecting service shall make proof thereof by an affidavit attesting that service was made, the person on whom and the manner in which service was made, including the date and time of the service, and the fees of such service, if any. The Affidavit of Service, as well as any return receipt on mail delivery, shall be returned to plaintiff's attorney, who shall then file the service documents promptly with the Clerk as evidence of proof of service.
a. Service. Except as otherwise provided in these procedures, every order required by its terms to be served, every pleading subsequent to the original complaint, every paper, motion, notice, and appearance shall be served upon each of the parties. b. How made. Service upon a party shall be made by delivering a copy of the pleading or other paper to the attorney or the party or by mailing it to the attorney or party at the attorney's or party's last known address. Service is complete upon mailing. c. Certificate of Service. All pleadings and papers required to be served upon a party, other than the Complaint, shall include a certificate of service and be filed with the Court. d. Filing with the Court Defined. The filing of papers with the Court as required by these procedures shall be made by filing them with the Clerk. The Court may permit papers to be filed by facsimile if such means are authorized by the Court. The Clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these procedures.
a. Answer. The defendant shall file an Answer to the Complaint within 20 days from the date of service of the Summons and Complaint. b. Reply. The plaintiff shall file a Reply within 20 days from the date the Answer is filed. c. Additional Time After Service by Mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper and the notice or paper is served by mail, three days shall be added to the prescribed period.
a. Pleadings. There shall be a Complaint, and Answer and Reply. No other pleading shall be allowed. Every pleading shall contain a caption setting forth the name of the parties, the title of the action, and the file number. All pleadings and other papers must be signed. b. Motions and Other Papers. An application to the Court for an order shall be by motion, which shall state with particularity the grounds thereof and shall set forth the relief or order sought. c. Complaint. The Complaint shall contain the following:
d. Answer. The defendant shall state in short and concise terms the party's response to the Complaint and the defenses to each claim asserted. No counter-claim shall be allowed. e. Reply. The plaintiff shall file a short and concise response to defendant's affirmative defenses. f. Amendments. A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served. Otherwise, a party may amend the party's pleading only by leave of court or by written consent of the adverse party, and leave shall be freely given when justice so requires.
a. When Presented. Every defense, in law or in fact, to a claim for relief shall be affirmatively set forth in particularity in the Answer. b. Types Recognized. The Court shall recognize only these affirmative defenses:
c. Waiver or Preservation of Certain Defenses.
a. Purposes. In its discretion, the Court may direct the attorneys for the parties and any unrepresented party to appear before it for a conference before the Hearing for such purposes as to:
b. Attendance and Sanctions. The Pre-Hearing Conference shall be attended by the attorney for each of the parties and by any unrepresented party. If a party or party's attorney fails to attend the Pre-Hearing Conference or if a party or party's attorney is substantially unprepared to participate in the Pre-Hearing Conference, or if the party or party's attorney fails to participate in good faith, the judge, upon motion or upon the judge's initiative, may make such orders with regard thereto as are just, including requiring the party or the attorney representing the party or both to pay the reasonable expenses incurred because of noncompliance with these rules, including attorney's fees, or entering judgment against the appropriate party, unless the judge finds that the noncompliance was substantially justified or that other circumstances make the proposed sanction unjust. c. Briefs. Briefs generally are not required. Parties may submit a brief to the Court prior to the Pre-Hearing Conference on any issue raised in any pleading. The Court may request briefs from the parties on any issue.
a. Disclosure Required. A party shall make its disclosure of all evidence as defined below based on information then reasonably available to it and the party is not excused from making disclosure because it challenges the sufficiency of another party's disclosure or because another party has not made its disclosure. b. Manner of Disclosure. As part of and at the time of filing the pleadings, a party shall make disclosure of and provide the following information to other parties:
c. Failure to Make Disclosure; Sanctions. A party who fails or refuses to make a disclosure required by these rules, after a good faith effort has been made to secure the disclosure, may be subject to sanctions by the Court. The Court may make such sanctions as are just, including the following:
a. A Hearing shall be conducted by the Court without a jury. The Hearing shall take place within 10 days of either the filing of the Reply or the Pre-Hearing Conference if requested by the Court. b. The Hearing shall be limited to the pleadings, briefs, if any, and any evidence submitted by the parties. c. The Court shall find the facts specifically and state separately its conclusions of law thereon, and judgment shall be made according to Section 115.
a. By Plaintiff. An action may be withdrawn by the plaintiff without order of the Court by:
The withdrawal is without prejudice, except that a notice of withdrawal operates as an adjudication on the merits when filed by a plaintiff who has once before withdrawn the same action in the Court. b. Involuntary. A defendant may move for dismissal of an action or of any claim against the defendant for the failure of the plaintiff to prosecute or to comply with these rules or order of the court. A dismissal under this provision operates as an adjudication upon the merits.
a. Definition. As used in these these Rules, a judgment includes a decree and any other order that disposes of all issues in the action and from which lies an appeal. b. Entry of Default. When a party against whom a judgment for affirmative relief is sought fails to file necessary pleadings or defend against the claim, and that fact is made by affidavit, the Clerk of the Court may enter the party's default. Judgment by default may be entered as follows:
c. Setting Aside Default. For good cause shown, the Court may set aside an entry of judgment after default within four months from the date of entry of judgment.
a. Manner of Entry. Entry of judgment shall be made in the following manner:
b. Relief from Judgment or Order. Relief from a judgment or order may be had in the following manner:
Comity may be given in the Oneida Nation Court to the judicial proceedings of any court of competent jurisdiction in which final judgments, orders or stays have been obtained, provided, however, that comity shall not be given to final judgments, orders and stays rendered by any court which declines or refuses to similarly recognize the final judgments, orders or stays of the Oneida Nation Court. Comity shall not be extended to any final judgment, order, stay, subpoena or compulsory process the enforcement of which would infringe upon the sovereignty of the Nation. Upon the granting of comity by the Oneida Nation Court to the final judgment, order or stay of a foreign court, the Nation shall honor and fulfill such final judgment, order or stay. The Nation shall be given notice and an opportunity to be heard on any motion for the sovereign prerogatives of the Nation.
a. A final judgment may be appealed to the Oneida Indian Nation Appellate Court. b. The Rules of Appellate Procedure shall govern any such appeals.
Any action brought pursuant to these Rules shall be instituted within six years from the date the cause of action arises.
The Nation does not by enacting these rules waive in any respect its sovereign immunity, or that of its agents, in any manner, under any law, for any purpose, nor in any place.
5/1/1997 Back to Top |