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to Table of Contents Pawnee
Tribe of Oklahoma, Law and Order Code
Additions received: 2005 TITLE II - APPELLATE PROCEDURE
Section
101. Appeal As Of Right - How Taken (b) Joint or Consolidated Appeals. If two or more persons are entitled to appeal from a judgment or order of Tribal District Court, and their interests are such as to make joinder practicable, they may file a joint notice of appeal, or may join in appeal after filing separate timely notices of appeal, and they may thereafter proceed on appeal as a single appellant. Appeals may be consolidated by order of the Supreme Court upon its own motion or upon motion of a party, or by stipulation of the parties to the several appeals. (c) Content of the Notice of Appeal. The notice of appeal shall specify the parties to the appeal; shall designate the order, commitment, or judgment appealed from, the docket, civil, criminal, juvenile, or small claims of the Tribal District Court from which the appeal is taken, and a short statement of the reason or grounds for the appeal. An appeal shall not be dismissed for informality of form or title of the notice of appeal. (d) Service of the Notice of Appeal. The Clerk of the Tribal District Court shall serve notice of the filing of an appeal by mailing a copy of the notice of appeal, which copy shall be provided by the appealing party, to counsel of record of each party other than the appellant, and to the party at his last known address; and shall forthwith certify and deliver to the Clerk of the Supreme Court, for filing in the Supreme Court, a certified copy of the notice of appeal. The Clerk of the Supreme Court shall enter such filing upon the docket of the Supreme Court. When an appeal is taken by a defendant in a criminal case, the Clerk of the Tribal District Court shall also serve a copy of the notice of appeal upon the appellant, either by personal service or by mail addressed to him. The Clerk of Tribal District Court shall note on each copy served the date on which the notice of appeal was filed. Failure of the Clerk to serve notice shall not affect the validity of the appeal.. Service shall be sufficient notwithstanding the death of a party or his counsel. The Clerk shall note in the docket the names of the parties to whom he mails copies, with the date of mailing. (e) Payment of Fees. Upon the filing of any separate or joint notice of appeal from the Tribal District Court, the appellant shall pay to the Clerk of the Tribal District Court, for deposit in the Court Fund, of the filing fee which shall be in such amount as may be determined by rule of the Supreme Court, except that payment of a filing fee shall not be required for an appeal by the Tribe, its officers, or agents when acting in their official capacity. If a private party joins in an appeal by the Tribe, tribal officers, or tribal agents, the private party shall pay the required filing fee. The Supreme Court, or a Justice thereof, may waive payment of the filing fee in criminal cases when the defendant, by affidavit or otherwise, establishes that he is without sufficient funds or resources with which to pay the required fees.
(a) Appeals In Civil Cases (1) In a civil case in which an appeal is permitted by law as of right from the Tribal District Court to the Supreme Court, the notice of appeal required by Section 101 shall be filed with the Clerk of the Tribal District Court within the following time periods after entry of the judgment or order appealed from, if a time certain is not otherwise provided by statute:(2) Except as provided in subsection (a)(4) of this Section, a notice of appeal filed after the announcement of a decision or order but before the formal entry of the judgment or order shall be treated as filed after such entry and on the day thereof.
(b) Appeals In Criminal Cases. In a criminal case, the notice of appeal by a defendant shall be filed in the Tribal District Court within 10 days after the entry of the final judgment and sentence or other order appealed from. A notice of appeal filed after the announcement of a decision, sentence, or order, but before formal entry of the judgment or order shall be treated as filed after such entry and on the day thereof. If a timely motion in arrest of judgment, or a motion for a new trial on any ground other than newly discovered evidence has been made, an appeal from a judgment of conviction may be taken within 10 days after the entry of an order denying the motion. A motion for a new trial based on the ground of newly discovered evidence will similarly extend the time for appeal from a judgment of conviction if the motion is made before or within 10 days after entry of the judgment. When an appeal by the Tribe is authorized by statute, the notice of appeal shall be filed by the Tribe in the Tribal District Court within 10 days after the entry of the judgment or order appealed from unless a different time is specifically set by the statute authorizing the appeal. A judgment or order is entered within the meaning of this subdivision when it is entered in the criminal docket pursuant to the Criminal Procedure Act. Upon a showing of. excusable neglect Tribal District Court may, before or after the time has expired, with or without motion and notice, extend the time for filing a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this subdivision of this Section.
(a) Interlocutory Appeals as of Right. A person may appeal to the Supreme Court by right any order make appealable by law, and the following judgments or orders of the Tribal District Court: (b) Time for Filing Interlocutory Appeals as of Right anal Special Rules
(c) Interlocutory Appeals by Permission. When a judge, in making an order or decree in a civil action not otherwise appealable under this Section or another Tribal statute, shall be of the opinion that such order involves a controlling question for law as to which there is substantial grounds for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Supreme Court may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made within ten days after the entry of the order, provided, however, that application for an appeal hereunder shall not stay proceedings in the Tribal District Court, unless the Judge or the Supreme Court, or a justice of the Supreme Court shall so order. (d) Petition for Permission to Appeal. An appeal from' an interlocutory order containing the statement prescribed by Section 103(c) may be sought by filing a petition for permission to appeal with the Clerk of the Supreme Court within 10 days after the entry of such order in the District Court with proof of service on all other parties to the action in the District Court. An order may be amended to include the prescribed statement at any time, and permission to appeal may be sought within 10 days after entry of the order as amended.
(a) Appeal by the Defendant. An interlocutory appeal to the Supreme Court may not be taken by the defendant except by leave of the Court in the same manner as the taking of interlocutory appeals by permission in civil actions. (b) Appeal by the Tribe. An appeal by the Tribe to the Supreme Court may be taken from a decision or order of the Tribal Court prior to the beginning of trial suppressing or excluding evidence, or requiring the return of seized property in a criminal proceeding, or dismissing the criminal complaint, and, after the verdict is returned, upon an order granting a new trial, or an order refusing to revoke probation or parole, or an order reducing a valid sentence previously imposed.
(a) An appeal to the Supreme Court may be taken by the Tribe from the final judgment in a criminal action in the following cases:
(b) Pending the prosecution and determination of the appeal in the foregoing instances, the defendant shall be released in accordance with Section 108 of this Act.
(a) Procedure. Application for a stay of the judgment or order of Tribal District Court pending appeal, or for approval of a supersedeas bond, or for an order suspending, modifying, restoring or granting an injunction during the pendency of an appeal must ordinarily be made in the first instance in the Tribal District Court. A motion for such relief may be made to the Supreme Court, or to a Justice thereof, but the motion shall show that application to the Tribal District Court for the relief sought is not practicable, or that the Tribal District Court has denied an application, or has failed to afford the relief which the applicant requested, with the reasons given by the Tribal District Court for its action. The motion shall also show the reasons for the relief requested and the facts relied upon, and if the facts are subject to dispute the motion shall be supported by affidavits or other sworn statements or copies thereof. With the motion shall be filed such parts of the record as are relevant to the motion. Reasonable notice of the motion shall be given to all parties. The motion shall be filed with the Clerk of the Supreme Court, and normally will be considered by the entire Court, but in exceptional cases where such procedure would be impracticable due to the requirements of time, the application may be made to and considered by a single justice of the Court pending review by the entire Court. In cases where relief has not been previously requested in the Tribal District Court, the Supreme Court may, if it determines such action to be appropriate under the circumstances, remand the motion to the Tribal District Court for its initial determination. (b) Bond, Proceedings Against Sureties. Relief available in the Supreme Court under this Section may be conditioned upon the filing of a bond or other appropriate security in the Tribal District Court. If security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits himself to the jurisdiction of the Tribal District Court and irrevocably appoints the Clerk of the Tribal District Court as his agent upon whom any papers affecting his liability on the bond or undertaking may be served. It is the responsibility of the surety to provide the Clerk of the Tribal District Court with his proper and current address, and a supply of stamped, self-addressed envelopes, if he wishes copies of any papers served upon the Clerk as his agent to be mailed to him. His liability may be enforced on motion in the Tribal District Court without the necessity of an independent action. The motion and such notice of the motion as the Tribal District Court shall prescribe may be served on the Clerk of the Tribal District Court who shall forthwith mail copies to the sureties if their addresses are known. (c) Criminal Cases. Stays in criminal cases shall be had in accordance with the provisions of Criminal Procedure Act.
(a) Appeal Of Order Denying Release Pending Appeal. An appeal authorized by law from an order refusing or imposing conditions of release pending appeal of the underlying judgment of conviction and sentence shall be determined promptly. Upon entry of an order refusing or imposing conditions of release pending appeal of the underlying judgment of conviction and sentence, the Tribal District Court shall state in writing the reasons for the action taken. The appeal in such matters shall be heard without the necessity of briefs after reasonable notice to the appellee upon such papers, affidavits, and portions of the record as the parties shall present. The Supreme Court, or a justice thereof pending action by the entire Court may order the release of the appellant pending the appeal. (b) Procedure. Application for release after a judgment of conviction shall be made in the first instance in the Tribal District Court. If the Tribal District Court refuses release pending appeal, or imposes conditions of release, the Court shall state in writing the reasons for the action taken. Thereafter, if an appeal is pending, a motion for release, or for modification of the conditions of release, pending review may be made to the Supreme Court or to a designated Justice thereof. The motion shall be determined promptly upon such papers, affidavits, and portions of the record as the parties shall present and after reasonable notice to the appellee. The Supreme Court or a justice thereof pending action by the entire Court may order the release of the appellant pending disposition of the motion. (c) Criteria For Release. The decision as to release pending appeal shall be made in accordance with the criteria for bail established by tribal law in the Criminal Procedure Act or otherwise. The burden of establishing that the defendant will not flee or pose a danger to any other person or to the community rests with the defendant.
(a) Composition Of The Record On Appeal. The original papers and exhibits filed in the Trial District Court, the transcript or tape recording of the proceedings, if any, and certified copy of the docket entries prepared by the Clerk of the Tribal District Court shall constitute the record on appeal in all cases. (b) Transcript, Duty of Appellant To Order, Notice Of Partial Transcript
(c) Procedure When No Transcript Available. If no report of the evidence or proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including his recollection. The statements shall be served on the appellee, who may serve objections or propose amendments thereto within 10 days after service. Thereupon the statement and any objections or proposed amendments shall be submitted to the Tribal District Court for settlement and approval and as settled and approved shall be included by the Clerk of the Tribal District Court in the record on appeal. (d) Agreed Statement As The Record On Appeal. In lieu of the record on appeal as defined in subsection (a) of this section, the parties may prepare and sign a statement of the case showing how the issues presented by the appeal arose and were decided in the Tribal District Court and setting forth only so many of the facts averred and proved or sought to be proved as are essential to a decision of the issues presented. If the statement conforms to the truth, the statement together with such additions as the Court may consider necessary fully to present the issues raised by the appeal, shall be approved by the Tribal District Court, and shall then be certified to the Supreme Court as the record on Appeal and transmitted to the Supreme Court Clerk's records. (e) Correction Or Modification Of The Record. If any difference arises as to whether the record truly discloses what occurred in the Tribal District Court, the difference shall be submitted to and settled by the Judge of that Court and the record made to conform to the truth. If anything material to either party is omitted from the record by error or accident or is misstated therein, the parties by stipulation, or the Tribal District Court, either before or after the record is transmitted to the Supreme Court, on proper suggestion or of its own initiative, may direct that the omission or misstatement be corrected, and if necessary that a supplemental record be certified and transmitted. All other questions as to the form and content of the record shall be presented to the Supreme Court.
(a) Chief Clerk To Serve As Clerk of the Supreme Court. The Chief Clerk of the Tribal District Court may also serve as the Clerk of the Supreme Court whenever the position of Clerk of the Supreme Court is vacant, or, in the opinion of the Supreme court such service shall be deemed expedient. (b) Transmission And Filing Of Record. In all cases, including juvenile and criminal actions, the Clerk in charge of the papers in that case shall, within 15 working days after a Notice of Appeal is filed, prepare, certify, and deliver to the Clerk of the Supreme Court, for filing with the Supreme Court, all papers comprising the record of the case except the transcript. Such compilation shall be indexed with page numbers. All parties to the appeal shall be notified of the filing of the record with the Supreme Court, and a copy of the index to the record shall be attached to the notice for the benefit of the parties. Copies of any documents contained in the record shall be available to the parties at a cost per page to be set by rule of the Supreme Court. (c) Completion of Record. Upon receipt of an order for a transcript or additional tape recording, the Clerk or reporter shall acknowledge at the foot of the order the fact that he has received it and the date on which he expects to have the transcript or copy of the tape recording completed and shall transmit the order, so endorsed, to the Clerk of the Supreme Court. If the transcript cannot be completed within 30 days of receipt of the order the Clerk or reporter shall request an extension of time from the Clerk of the Supreme Court, and the action of the Clerk of the shall be entered on the docket and the parties notified. In the event of the failure to file the transcript or complete making copies of the tapes within the time allowed, the Clerk of the Supreme Court shall notify the Chief Justice and take such steps as may be directed by the Chief Justice of the Supreme Court. Upon completion of the transcript the Clerk or reporter shall file it with the Clerk of the Tribal District Court and shall notify the Clerk of the Supreme Court that he has done so. (d) Transmission of Transcript. Upon receipt of the Transcript, or notification that requested copies of tape'' recordings of the proceedings are completed, or the filing of a statement as provided in Section 109(c) or (d) of this Act, the Clerk of the Tribal District Court shall forthwith notify the parties that the transcript, tapes, or statement is completed and ready for transmittal to the Supreme Court, shall state in the notice the date upon which the notice was given, and the date the final record will be delivered to the Supreme Court. The parties may receive their copies (if ordered) of such transcript, tapes, or statement as soon as they become available whether before or after formal notice of such availability is mailed to the parties. Fifteen days after the mailing of the notice of completion of the transcript, tapes, or statement, the Clerk of the Tribal District court shall deliver the original thereof to the Clerk of the Supreme Court for filing. Upon filing by the Clerk of the Supreme Court, the record shall be deemed received and completed for the purposes of the appeal.
(a) Docketing The Appeal. Upon receipt of the Notice of Appeal and of the docket entries and papers transmitted by the Clerk of the Tribal District Court pursuant to Section 110(b), the Clerk of the Supreme Court shall thereupon enter the appeal upon the docket. An appeal shall be docketed under the title given to the action in the Tribal District Court, with the appellant identified as such, but if such title does not contain the name of the appellant, his name, identified as appellant, shall be added to the title. In appeals from the Juvenile Division of the Court, the docket books shall contain the correct names of the parties, however, all opinions or other papers of the Court which may become public information shall contain only initials or other similar designations and not the names of the parties. (b) Upon receipt of the completed record on appeal as provided in Section 110(d), the Clerk of the Supreme Court shall file it and shall immediately give notice to all parties of the date on which it was filed. CHAPTER TWO - EXTRAORDINARY WRITS Section 201. Mandamus or Prohibition Directed To a Judge or Judges Application for a writ of mandamus or of prohibition directed to a judge or Magistrate of the Tribal District Court, or to any other subordinate agency or officer against whom an original action in mandamus or prohibition may be filed by law in the Supreme Court, shall be made by filing a petition therefore with the Clerk of the Supreme Court with proof of service on the respondent and on all parties in interest to the action in the Tribal District Court. The petition shall contain , a statement of the facts necessary to an understanding of the issues presented by the application; a statement of the issues presented and the relief sought; a statement of the reasons why the writ should issue; and copies of any order or opinion or parts of the record which may be essential to an understanding of the matters set forth in the petition. The Clerk shall docket the petition and submit it to the Court upon payment of a docketing fee set by Court rule. In vacation, the alternative Writ may be issued by a single Justice but a peremptory writ should be issued only by a quorum of the Court. The Supreme Court may, in its discretion, remand the writ to the Tribal District Court for initial determination.
If the Court is of the opinion that the writ should not be granted in any case on the facts and law stated in the petition, it shall deny the petition. Otherwise, it shall order that an answer to the petition be filed by the respondents within the time fixed by the order. The order shall be served by the Clerk on the named respondents and on all other parties to the action in the Tribal District. All parties below other than the petitioner shall also be deemed respondents for all purposes. Two or more respondents may answer jointly. If the named respondents do not desire to appear in the proceeding, they may so advise the Clerk and all parties by letter, but the petition shall not thereby be taken as admitted. The Clerk shall advise the parties of the dates on which briefs are to be filed, if briefs are required, and of the date of oral argument, if any. The proceeding shall be given preference over ordinary civil cases. These writs may be used to compel a respondent to perform a required action or to refrain from exceeding his jurisdiction, but may not be used to control the discretionary actions of judges, agencies, or other tribal officials.
Application for extraordinary writs other than those provided for in Section 201 of this Chapter shall be made by petition filed with the Clerk of the Supreme Court with proof of service on the parties named as respondents. Proceedings on such applications shall conform, so far as is practicable, to the procedure prescribed in Sections 201 and 202 of this Chapter.
All papers may be typewritten. Ten copies and the original shall be filed, but the Court may direct that additional copies be furnished.
SUBCHAPTER A - HABEAS CORPUS Section 301. Habeas Corpus Proceedings An application for a writ of habeas corpus shall originally be made to the Tribal District Court. If application is made to the Supreme Court, or a Justice thereof individually, the application will ordinarily be transferred to the Supreme Court for determination. The Supreme Court, or a Justice thereof, will accept original jurisdiction in such matters only upon a showing of compelling necessity and urgency. If an application is made to or transferred to the Tribal District Court and denied, renewal of the application before the Supreme Court, or a Justice thereof is not favored; the proper remedy is by appeal to the Supreme Court from the order of the Tribal District Court denying the writ.
Pending review of a decision in a habeas corpus proceeding commenced before the Court, or a justice or Judge for the release of a prisoner, a person having custody of the prisoner shall not transfer custody to another unless such transfer is directed in accordance with the provisions of this Section and the Court rules. Upon application of a custodian showing a need therefore, the Court, justice or Judge rendering a decision may make an order authorizing transfer and providing for the substitution of the successor custodian as a party.
Pending review of a decision failing or refusing to release a prisoner in such a proceeding, the prisoner may be, detained in the custody from which release is sought, or in other appropriate custody, or may be enlarged upon his recognizance or admitted to bail, with or without surety, as may appear fitting to the Court or justice or Judge rendering the decision, or to the Supreme Court en bane.
Pending review of a decision ordering the release of a prisoner in such a proceeding, the prisoner shall be enlarged upon his recognizance, with or without surety, unless the Court or justice or Judge rendering the decision, or the Supreme Court shall otherwise order.
An initial order respecting the custody or enlargement of the prisoner and any recognizance or surety taken, shall govern during review in the Supreme Court unless for special reasons shown to the Supreme Court the order shall be modified, or an independent order respecting custody, enlargement or surety shall be made.
A party to an action in the Tribal District Court who desires to proceed on appeal in forma pauperis shall file in the Tribal District Court a motion for leave so to proceed, together with an affidavit showing, in explicit detail, his inability to pay fees and costs or to give security therefor, his belief that he is entitled to redress, and a statement of the issues which he intends to present on appeal. If the motion is granted, the party may proceed without further application to the Supreme Court, and without prepayment of fees or costs in either Court or the giving of security therefor. If the motion is denied, the Tribal District Court shall state in writing the reasons for the denial.
Notwithstanding the provisions of the preceding Section, a party who has been permitted to proceed in an action in the Tribal District Court in forma pauperis, or who has been permitted to proceed there as one who is financially unable to obtain an adequate defense in a criminal case, or a case involving the termination of parental rights, may proceed on appeal in forma pauperis without further authorization unless, before or after the notice of appeal is filed, the Tribal District Court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled so to proceed, in which event the Tribal District Court shall state in writing the reasons for such certification or finding.
If a motion for leave to proceed on appeal in forma pauperis is denied by the Tribal District Court, or if the Tribal District Court shall certify that the appeal is not taken in good faith or shall find that the party is otherwise not entitled to proceed in forma pauperis, the Clerk shall forthwith serve notice of such action. A motion for leave so to proceed may then be filed in the Supreme Court, within 30 days after service of notice of the action of the Tribal District Court. The motion shall be accompanied by a copy of the affidavit filed in the Tribal District Court, or by the affidavit prescribed by Section 311 of this Sub-chapter if no affidavit has been filed in the Tribal District Court, and by a copy of the statement of reasons given by the Tribal District Court for its action.
Section 401. Filing and Service Filing. Papers required or permitted to be filed in the Supreme Court shall be filed with the Clerk. Filing may be accomplished by mail addressed to the Clerk, but filing shall not be timely unless the papers are received by the Clerk within the time fixed for filing, except that briefs and appendices shall be deemed filed on the day of mailing if first class mail or any more expeditious form of delivery by mail, excepting special delivery or overnight mail, is utilized. If a motion requests relief which may be granted by a single Justice, the justice may permit the motion to be filed with him, in which event he shall note thereon the date, of filing and shall thereafter transmit it to the Clerk.
Copies of all papers filed by any party and not required by this Act to be served by the Clerk shall, at or before the time of filing, be served by that party or person acting for him on all other parties to the appeal or review. Service on a party represented by counsel or lay advocate shall be made on the counsel or lay advocate.
Service may be personal or by mail in any manner allowed by the Civil Procedure Act for service of motions or briefs. Personal service includes delivery, of the copy to a Clerk, secretary, or other responsible person at the office of counsel or lay advocate. Service by mail is complete upon mailing.
Papers presented for filing shall contain an acknowledgment of service by the person served or proof of service in the form of a statement of the date and manner of service and of the name of the person served, certified by the person who made service. Proof of service may appear on or be affixed to the papers filed. The Clerk may permit papers to be filed without acknowledgment or proof of service but shall require such to be filed promptly thereafter.
In computing any period of time prescribed by this Act, by an order of the Court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period extends until the end of the next day which is not a Saturday, a Sunday, or a legal holiday. When the period of time prescribed or allowed is equal to or less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this Section, "legal holiday" includes New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States or the Legislative Body of the Tribe.
The Court for good cause shown may upon motion enlarge the time prescribed by this Act or Court rule or by its order for doing any act, or may permit an act to be done after the expiration of such time; but the Supreme Court may not enlarge the time for filing a notice of appeal.
Whenever
a party is required or permitted to do an act within a prescribed period
after service of a paper upon him and that paper is served by mail,
3 days shall be added to the prescribed period.
Section 411. Content, Response, and Reply to Motions Unless another form is elsewhere prescribed by this Act, an application for an order or other relief shall be made by filing a motion for such order or relief with proof of service on all other parties. The motion shall contain or be accompanied by any matter required by a specific provision of this Act governing such a motion, shall state with particularity the grounds on which it is based, and shall set forth the order or relief sought. If a motion is supported by briefs, affidavits, or other papers, they shall be served and filed with the motion. Any party may file a response in opposition to a motion other than one for a procedural order within 7 days after service of the motion, but motions authorized by Section 107, 108, and 469 may be acted upon after reasonable notice, and the Court may shorten or extend the time for responding to any motion.
Notwithstanding the provisions of Section 411 of this Act as to motions generally, motions for procedural orders, including any motion under Section 406, may be acted upon at any time, without awaiting a response thereto, and pursuant to rule or order of the Court, motions for specified types of procedural orders may be disposed of by the Clerk. Any party adversely affected by such action may by application to the Court request consideration, vacation or modification of such action.
In addition to the authority expressly conferred by this Act or by other Tribal law, a single Justice of the Supreme Court may entertain and may grant or deny any request for relief which under this Act may properly be sought by motion, except that a single Justice may not dismiss or otherwise determine an appeal or other proceeding, and except that the Supreme Court may provide by order or rule that any motion or class of motions must be acted upon by the Court. The action of a single Justice may be reviewed by the Court
All papers relating to motions may be typewritten. Ten copies shall be filed with the original, but the Court may require that additional copies be furnished.
The brief of the appellant shall contain under appropriate headings and in the order here indicated: (a) A cover page as described in Section 429. (b) A table
of contents, with page references, and a table of cases (alphabetically
arranged), (c) A statement of the issues presented for review. (d) A statement of the case. The statement shall first indicate briefly the nature of the case, the course of proceedings, and its disposition in the Court below. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record (see Section 419). (e) An argument. The argument may be preceded by a summary. The argument shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes and parts of the record relied on. (f) A short conclusion stating the precise relief sought.
The brief of the appellee shall conform to the requirements of Section 415, except that a statement of the issues or of the case need not be made unless the appellee is dissatisfied with the statement of the appellant.
The appellant may file a brief in reply to the brief of the appellee, and if the appellee has cross-appealed, the appellee may file a brief in reply to the response of the appellant to the issues presented by the cross appeal. No further briefs may be filed except with leave of Court.
Counsel will be expected in their briefs and oral arguments to keep to a minimum references to parties by such designations as "appellant" and "appellee". It promotes clarity to use the designations used in the lower Court or the actual names of the parties, or descriptive terms such as "the employee," "the injured person," "the taxpayer," "the care," or the names of the parties.
(a) References
in the briefs to parts of the record reproduced in any appendix filed
with the brief (b) If
determination of the issues presented requires the study of statues,
rules, regulations, or similar material or relevant parts thereof, they
shall be reproduced in the brief or in an addendum at the end, or they
may be supplied to the Court in pamphlet form.
Except
by permission of the Court, principal briefs shall not exceed 50 pages,
and reply, briefs shall not exceed 25 pages, exclusive of pages containing
the table of contents, tables of contents, tables of citations and any
addendum containing statutes, rules, regulations, and similar material.
If a cross appeal is filed, the plaintiff in the Court below shall be deemed the appellant for the purposes of this Chapter and Sections 426, 427, and 428, unless the parties otherwise agree or the Court otherwise orders. The brief of the appellee shall contain the issues and argument involved in his appeal as well as the answer to the brief of the appellant.
In cases involving more than one appellant or appellee, including cases consolidated for purposes of the appeal, any number of either may join in a single brief, and any appellant or appellee may adopt by reference any part of the brief of another. Parties may similarly join in reply briefs.
When pertinent and significant authorities come to the attention of a party after his brief has been filed, or after oral argument but before decision, a party may promptly advise the Clerk of the Court, by letter, with a copy to all counsel, setting forth the citations. There shall be a reference either to the page of the brief or to a point argued orally to which the citations pertain, but the letter shall without argument state the reasons for the supplemental citations. Any response shall be made promptly and shall be similarly limited.
A brief of an amicus curiae may be filed only if accompanied by written consent of all parties, or by leave of Court granted on motion or at the request of the Court, except that consent or leave shall not be required when the brief is presented by the Tribe, the United States or an officer or agency thereof, or by another Tribe or a State, Territory or Commonwealth. The brief may be conditionally filed with the motion for leave. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. Save as all parties otherwise consent, any amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the Court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. A motion of an amicus curiae other than the Tribe to participate in the oral argument will be granted only for extraordinary reasons, or on the Court's own motion. A motion of the Tribe to present oral argument as amicus curiae shall be granted unless extraordinary reasons appear for refusing to grant such a motion.
Whenever the record on appeal, or the transcript is particularly voluminous, the -Court may order the appellant to prepare, with notice and consultation by the appellee, an appendix to the briefs which shall contain the papers, documents, and portions of the transcript necessary to the determination of the issues presented on appeal. The preparation of an appendix does not prevent further referrals to the original record by any party or the Court. A party may append pertinent parts of the record to his brief when such is necessary for a clear presentation of the issues raised on appeal.
The appellant shall serve and file his brief within 20 days after the date on which the completed record is received and filed in the Supreme Court. The appellee shall serve and file his brief within 20 days after service of the brief of the appellant. The appellant may serve and file a reply brief within 14 days after service of the brief of the appellee, but, except for good cause shown, a reply brief must be filed at least 3 days before argument.
Ten copies of each brief shall be filed with the Clerk in addition to the original, unless the Court by order shall direct a lesser or greater number, and two copies shall be served on counsel for each party separately represented. If a party is allowed to file typewritten ribbon and carbon copies of the brief, the original and three legible copies shall be filed with the Clerk, and one copy shall be served on counsel for each party separately represented.
If an appellant
fails to file his brief within the time provided by the Act, or within
the time as extended, an appellee may move for dismissal of the appeal.
If an appellee fails to file his brief, he will not be heard at oral
argument except by permission of the Court.
(a) Briefs and appendices may be produced by standard typographic printing or by any duplicating or copying process which produces a clear black image on white paper, including legible photocopies. Carbon copies of briefs and appendices may not be submitted without permission of the Court, except in behalf of parties allowed to proceed in forma pauperis. All printed matter must appear in at least 11 point (pica) type on opaque, unglazed paper. Briefs and appendices produced by the standard typographic process shall be bound in volumes having pages 6 1/8 by 9 1/4 inches and type matter 4 1/6 by 7 1/6 inches. Those produced by any other process shall be bound in volumes having pages not exceeding 8 ½ by 11 inches and type matter not exceeding 6 ½ by 9 ½ inches, with double spacing between each line of text, except that quoted matter may be single spaced. Copies of the reporter's transcript and other papers reproduced in a manner authorized by this Section may be inserted in the appendix; such pages may be informally re-numbered if necessary. (b) If briefs are produced by commercial printing or duplicating firms, or, if produced otherwise and the covers to be described are available, the cover of the brief of the appellant should be blue; that of the appellee, red; that of a intervenor or amicus curiae, green; that of any reply brief, gray. The cover of the appendix, if separately printed, should be white. The front covers of the briefs and of appendices shall contain:
(a) Petitions for rehearing shall be produced in a manner prescribed by Section 429. (b) Motions and other papers may be produced in a like manner, or they may be typewritten upon opaque, unglazed paper 8 ½ by 11 inches in size. Lines of typewritten text shall be double spaced. Consecutive sheets shall be attached at the left margin. Carbon copies may be used for filing and service if they are legible. (c) A motion or other paper addressed to the Court shall contain a caption setting forth the name of the Court, the title of the case, the file number, and a brief descriptive title indicating the purpose of the paper.
Section 441. Prehearing Conference The Court may direct the attorneys for the parties to appear before the Court or a Justice thereof for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceeding by the Court. The Court of Justice shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admissions or agreements of counsel, and such order when entered controls the subsequent course of the proceeding, unless modified to prevent manifest injustice.
Oral argument shall be allowed in all cases unless the Court, after examination of the briefs and record, shall be unanimously of the opinion that oral argument is not needed. In such cases the Court shall notify the parties of its intention to proceed without oral argument, and shall provide any party with an opportunity to file a statement setting forth the reasons why, in his opinion, oral argument should be heard. Oral argument will be allowed upon request unless the Court unanimously determines: (a) the appeal is frivolous; or (b) the dispositive issue or set of issues has been recently authoritatively decided; or (c) the
facts and legal arguments are adequately presented in the briefs and
record and the decisional process would not be significantly aided by
oral argument.
The Clerk shall advise all parties whether oral argument is to be heard, and if so, of the time and place therefor, and the time to he allowed each side. A request for postponement of the argument or for allowance of additional time must be made by motion filed reasonably in advance of the date fixed for hearing
The appellant is entitled to open and conclude the argument. The opening argument shall include a fair statement of the case. Counsel will not be permitted to read at length from briefs, records or authorities.
A cross or separate appeal shall be argued with the initial appeal at a single argument, unless the Court otherwise directs. If a case involves a cross-appeal, the plaintiff in the action below shall be deemed-the appellant for the purpose of this Subchapter unless the parties otherwise agree or the Court otherwise directs. If separate appellants support the same argument, care shall be taken to avoid duplication of argument.
If the appellee fails to appear to present argument, the Court will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the Court may hear argument on behalf of the appellee, if his counsel is present. If neither party appears, the case will be decided on the briefs unless the Court shall otherwise order.
By agreement of the parties, a case may be submitted for decision on the briefs, but the Court may direct that the case be argued.
If physical exhibits other than documents are to be used at the argument, counsel shall arrange to have them placed in the courtroom before the Court convenes on the date of the argument. After the argument counsel shall cause the exhibits to be removed from the courtroom unless the Court otherwise directs. If exhibits are not reclaimed by counsel within a reasonable time after notice is given by the Clerk, they shall be destroyed or otherwise disposed of as the Clerk shall think best.
A majority of the Justices of the Court who are in regular active service may order that any motion or other proceeding be heard or reheard by the Supreme Court in banc. Such hearing or rehearing is not favored and ordinarily will not be ordered except: (a) when consideration by the full Court is necessary to secure or maintain uniformity of its decision, or (b) when the proceedings involves a question of exceptional importance.
A party
may suggest the appropriateness of a hearing or rehearing in bane. No
response shall be filed unless the Court shall so order. The clerk shall
transmit any such suggestion to the Justices of the Court who are in
regular active service but a vote need not be taken to determine whether
the cause shall be heard or reheard in bane unless a justice in regular
active service or the Justice who rendered a decision sought to be reheard
requests a vote on such a suggestion made by a party.
If a party desires to suggest that a motion or proceeding be heard initially in bane, the suggestion must be made by the date on which the appellee's brief is filed. A suggestion for rehearing a motion in bane must be made within ten days after notice of the decision of the Justice initially hearing the motion. The pendency of such a suggestion whether or not included in a petition for hearing shall not affect the finality of the judgment of the Supreme Court or stay the issuance of the mandate.
Section 461. Entry of Judgment The notation of a judgment in the docket constitutes entry of the judgment. The Clerk shall prepare, sign and enter the judgment following receipt of the opinion of the Court unless the opinion directs settlement of the form of the judgment, in which event the Clerk shall prepare, sign and enter the judgment following final settlement by the Court. If a judgment is rendered without an opinion, the Clerk shall prepare, sign and enter the judgment following instruction from the Court. The Clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or of the judgment if no opinion was written, and notice of the date of entry of the judgment.
Unless otherwise provided by law, if a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable from the date the judgment was entered in the Tribal District Court. If a judgment is modified or reversed with a direction that a judgment for money be entered in the Tribal District Court the mandate shall contain instruction with respect to allowance of interest.
If the Supreme Court shall determine that an appeal is frivolous, it may award just damages and single or double costs to the appellee.
(a) Except
as otherwise provided by law, if an appeal is dismissed, costs shall
be taxed against the appellant unless otherwise agreed by the parties
or ordered by the Court; if a judgment is affirmed, costs shall be taxed
against the appellant unless otherwise ordered; if a judgment is reversed,
costs shall be taxed against the appellee unless otherwise ordered;
if a judgment is affirmed or reversed in part, or is vacated, costs
shall be allowed only as ordered by the court.
In cases involving the Tribe or an agency or officer thereof, if an award of costs against or for the Tribe is authorized by tribal statute, costs shall be awarded in accordance with the provisions of Section 464, otherwise, costs shall not be awarded against the Tribe or its agencies or officers in their official capacity, provided that costs shall be awarded as a matter of course against a criminal defendant when the conviction is affirmed.
Unless otherwise provided by tribal statute or Court rule, the costs of printing, or otherwise producing necessary copies of briefs, appendices, and copies or records shall be taxable in the Supreme Court at rates not higher than those generally charged for such work within the jurisdiction of the Tribe.
A party who desires such costs to be taxed shall state them in an itemized and verified bill of costs which he shall file with the Clerk, with proof of service, within 14 days after the entry of judgment. Objections to the bill of costs must be filed within 10 days of service on the party against whom costs are to be taxed unless the time is extended by the Court. The Clerk shall prepare and certify an itemized statement of costs taxed in the Supreme Court for insertion in the mandate, but the issuance of the mandate shall not be delayed for taxation of costs and if the mandate has been issued before final determination of costs, the statement, or any amendment thereof, shall be added to the mandate upon request by the Clerk of the Supreme Court to the Clerk of the tribal District Court.
Costs incurred in preparation and transmission of the record, the costs of the reporter's transcript, if necessary for the determination of the appeal, the premiums paid for cost of supersedeas bonds or other bonds to preserve rights pending appeal, and the fee for filing the notice of appeal shall be taxed in the Tribal District Court as costs of the appeal in favor of the party entitled to costs under this Act.
(a) Time For Filing, Content, Answer, Action By Court. A petition for rehearing may be filed within 14 days after entry of judgment unless the time is shortened or enlarged by order of the Court. The petition shall state with particularly the points of law or fact which in the opinion of the petitioner the Court has overlooked or misapprehended and shall contain such argument in support of the petition as the petitioner desires to present. Oral argument in support of the petition will not be permitted except upon the Court's own motion. No answer to a petition for rehearing will be received unless requested by the Court, but a petition for rehearing will ordinarily not be granted in the absence of such a request. If a petition for rehearing is granted the Court may make a final disposition of the cause without reargument or may restore it to the calendar for reargument or re-submission or may make such other orders as are deemed appropriate under the circumstances of the particular case. (b) Form Of Petition; Length. The petition shall be in a form prescribed by Section 429, and copies shall be served and filed as prescribed by Section 427 for the service and filing of briefs. Except by permission of the Court, a petition for rehearing shall not exceed 15 pages.
The mandate of the Court shall issue 21 days after the entry of judgment unless the time is shortened or enlarged by order. A certified copy of the judgment and a copy of the opinion of the Court, if any, and any direction as to costs shall constitute the mandate, unless the Court directs that a formal mandate issue. The timely filing of a petition for rehearing will stay the mandate until disposition of the petition unless otherwise ordered by the Court. If the petition is denied, the mandate shall issue 7 days after entry of the order denying the petition unless the time is shortened or enlarged by order.
(a) Dismissal In The Tribal District Court. If an appeal has not been docketed, the appeal may be dismissed by the Tribal District Court upon the filing in that Court of a stipulation for dismissal signed by all the parties, or upon motion and notice by the appellant. (b) Dismissal In The Supreme Court. If the parties to an appeal or other proceeding shall sign and file with the Clerk of the Supreme Court an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the Clerk shall enter the case dismissed, but no mandate or other process shall issue without an order of the Court. An appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the Court.
(a) Death of a Party. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the Supreme Court, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or by any party with the Clerk of the Court. The motion of a party shall be served upon the representative in accordance with the provisions of Sections 402, 403 , and 404. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the Supreme Court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the Tribal District Court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the notice of appeal is filed substitution shall be effected in the Supreme Court in accordance with this Section. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by his attorney of record within the time prescribed by this Act. After the notice of appeal is filed substitution shall be effected in the Supreme Court in accordance with this Section. (b) Substitution For Other Causes. If substitution of a party in the Supreme Court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in subsection (a) (c) Public Officers; Death or Separation From Office.
It shall be the duty of a party who draws in question the constitutionality (or unlawfulness under the Indian Civil Rights Act of 1968 ) of any statutes, ordinance, or other action of the Tribal Legislative Body in any proceeding in the Supreme Court to which the Tribe, or any agency, officer, or employee thereof in their official capacity is not a party, upon the filing of the record, or as soon thereafter as the question is raised in the Supreme Court, to give immediate notice in writing to the Court of the existence of said question. The Clerk shall thereupon certify such fact to the Tribal Attorney and/or Tribal Prosecutor who may intervene upon such question upon motion.
Rule 101. Admission to the Bar (a) Roll
of Attorney and Lay Advocates. The Bar of this Court shall consist of
those attorneys and lay advocates heretofore and those hereafter admitted
to practice before this Court, who have taken the oath prescribed by
the rules in force at the time they were admitted or the oath prescribed
by this rule, and have signed the roll of attorneys of this Court. (b) Procedure for Admission. There is hereby constituted a Committee on Admissions and Grievances, consisting of three members of the Bar of this Court, to be appointed by the Court. Every applicant for admission shall file with the Clerk, on a form prescribed by the Court, a written petition for admission, which shall be referred immediately to the Committee on admissions and Grievances for investigation into the qualifications of the applicant and his fitness to be admitted to the Bar of this Court. The Committee shall report its recommendations in writing to the Clerk of this Court. Upon a favorable report of the Committee, filed with the Clerk, the applicant, if an attorney, may be admitted. Lay Advocates shall be admitted upon examination as described below. An applicant for admission, who has qualified for admission, may, upon request, be admitted upon order of the Court after having filed his oath of attorney without appearing in Court. Any applicant for admission, who has qualified for admission, may appear at any session of Court during its term and be admitted by taking the oath of attorney in open Court upon motion of any member of the Bar of this Court. It is desired that the procedure for admission by the Committee include a Tribal practice program which is designed to acquaint the applicants with pertinent aspects of practice in this Court, emphasizing the Tribal law and Tribal Court Rules. It is anticipated that this program would be held in the ceremonial courtroom, and would, if possible, include presentations by Court officials and judicial officers. The Court will endeavor to set aside a portion on one day at the beginning of each term of a Tribal practice program which should be attended by those expecting to be admitted during that term unless such attendance would create a hardship for the prospective admittee. Individual Justices may, from time to time, in emergency situations upon special request admit individual lawyers who have been approved by the Committee. Before being admitted as a member of the Bar of this Court each applicant shall take and subscribe to the oath shown in Exhibit I to these rules. (c) Eligibility. Any member in good standing of the Bar of the Supreme Court of the United States, or of any United States Court of Appeals, or of any District Court of the United States, or any person appointed as Tribal Justice, Judge, or magistrate, or a member in good standing of the Bar of the highest court of any Indian Tribe or State of the United States, is eligible for admission to the Bar of this Court. Any member of a federally recognized Indian Tribe shall be eligible for admission as a lay advocate upon successfully taking a comprehensive examination on the laws and rules applicable in the Tribal Court, which examination shall be promulgated by the Admissions Committee with the approval of the Court, and administered by the Admissions Committee at least once each year or at such other intervals as may be ordered by the Court. Upon receiving a passing score on the examination and showing their moral fitness to practice law, such persons should receive a favorable report from the Admissions Committee and be admitted to the practice of law in this Court and all inferior Tribal Courts. Thereafter, such lay advocates shall be held to the same standards, be entitled to the same rights, privileges, obligations, and duties, and be accorded all the honors to the same extent as any attorney admitted to practice before the Courts of the Tribe within this reservation. (d) Reciprocity. Any attorney who shall have been admitted to practice in any Federal Court within this State may be admitted to practice in this Court upon the motion of a member of the Bar, in open Court, and the filing of a written application without the necessity of appearing before the Admissions Committee. (e) Attorneys for the United States. Attorneys who are employed or retained by the United States or its agencies may practice in this Court in all cases or proceedings in which they represent the United States or such agencies. (f) Admission of Non-Resident Attorney for Limited Practice. Any member of the Bar of the Supreme Court of the United States, or of any United States Court of Appeals, or of any District Court of the United States, or of the highest Court of any Indian Tribe or State of the Unites States, who is a non-resident of the State may be admitted to the Bar of this Court for limited practice upon oral application and without compliance with subsection (b) hereof. Limited practice shall be restricted to appearance and practice in a case or proceeding then on file in the court. (g) Temporary Admission. Any attorney who appears eligible for admission to the Bar of this Court may in the discretion of a Judge of the District Court or justice of this Court be granted temporary admission to practice in a pending case. (h) Withdrawal from Case. In any action, wherein appearance is made through counsel, there shall be no withdrawal by counsel except by leave of Court upon reasonable notice to the client and all other parties who have appeared in the case. Withdrawal of counsel may be granted subject to the condition that subsequent papers may continue to be served upon the counsel for forwarding purposes or upon the Clerk of the Court, as the Court may direct, unless and until the client appears by other counsel or in propria persona, and any notice to the client shall so state and any filed consent of the client shall so acknowledge. (i) Discipline. Any member of the Bar of this Court guilty of a violation of the prescribed oath of office, or of a violation of the disciplinary rules set forth in the Code of Professional responsibility of the American Bar Association, or of any conduct unbecoming a member of the Bar of this Court, shall be subject to reprimand, suspension, disbarment, or such other disciplinary action as the Court deems appropriate. (j) Summary Discipline. For misconduct in the presence of the Court, an order may issue forthwith administering such discipline as the Court deems appropriate, including a fine of not to exceed $500.00 or confinement of not to exceed ten (10) days, but summary discipline shall not include the right of the Court to suspend or disbar the offending lawyer from practicing in this Court. An attorney summarily disciplined as herein provided may appeal any punishment imposed hereunder to the Supreme Court, or if summary discipline is administered by a justice, to the remaining Justices of the Court sitting en bane. The Justice or Judge administering the discipline shall not sit in the hearing of such an appeal. In order to allow such an appeal the discipline imposed will, upon request of the attorney, and by his posting a supersedeas bond in a reasonable amount to be fixed by the Court, be stayed for seven (7) days to allow such attorney to perfect an appeal. If no written appeal be filed within said seven ( 7 ) days, the punishment so imposed shall be forthwith administered unless in the interim the Judge or Justices imposing same has rescinded or modified his original action. Nothing herein provided is intended to preclude the right to the disciplined attorney to appeal direct to the Supreme Court(k) Conviction; Discipline in Other Court. Any member of the Bar of this Court convicted in either federal, state, or tribal court of a felony or other crime punishable by banishment or involving moral turpitude, and any member disbarred or suspended from practice in any Court of competent jurisdiction, shall be suspended automatically from practice in this Court and may be reinstated only on written application showing cause why he should be reinstated, excepting however that in the event the discipline imposed in the other jurisdiction has been stayed there the discipline imposed in this Court shall likewise be deferred until such stay expires in the other jurisdiction. And provided further however that in the event a member of the Bar of this Court is disciplined in some other jurisdiction and this Court determines upon the face of the record upon which the discipline in another jurisdiction in predicated it clearly appears:
An attorney of this Bar who is under investigation for misconduct, or who is facing disbarment proceedings in any Court of competent jurisdiction, who resigns from the Bar of the investigating jurisdiction, or who voluntarily permits his license to practice therein to terminate, shall be, by this Court, deemed to have been disbarred in the other jurisdiction and shall forthwith be disbarred from practicing in this Court.
Rule 102: Appearance and Withdrawal of Counsel (a) Appearance. Any attorney appearing for a defendant in a civil or criminal case shall enter his appearance by signing and filing a pleading or by entry of appearance on a form prescribed by the Clerk of this Court. In the event a plaintiff should change counsel or add additional counsel, the new or additional counsel for such plaintiff shall enter his appearance on a form to be provided by the Clerk for that purpose. Counsel of record in any case shall be permitted to withdraw conformably to Rule 101(h) only by order of the judge to whom the case is assigned. (b) Certificate of Familiarity With Local Court Rules. Every person, upon entering an appearance in any case of proceeding in this Court, or upon first tendering for filing any pleading or paper therein, shall be required to certify that such person has received, read and is familiar with the current Rules of this Court, specifically including all of the most recent published amendments to them. Such certification shall be required before any such entry of appearance, pleading or paper shall be filed by the clerk, provided however, for good cause shown, the Clerk may in his discretion receive and file any such matter on condition that the required certificate be filed within ten (10) days thereafter, failing in which the matter so filed shall be stricken. The same certification shall also be required of every other person thereafter participating in such cause or proceeding. The Clerk shall keep a master file of all such certificates. Once a person has so certified his familiarity, he shall not be required to do so in subsequent cases unless required by order of the Court. A Judge of this Court may: authorized the Clerk to waive the requirement as to certain persons or categories of persons when such will best serve the administration of justice.
(a) The Canon of Professional Ethics were adopted by the American Bar Association and this Court as a general guide, because as stated in the preamble of the American Bar Association Canons, "No code or set of rules can be framed, which will particularize all the duties of the lawyer in the varying phases of litigation or in all the relations of professional life." The preamble further admonishes that "the enumeration of particular duties should not be construed as a denial of the existence of others equally imperative, though not specifically mentioned." In that spirit, all lawyers should become familiar with their duties and obligations as defined and classified generally in the Canons, the common law decisions, the statutes and the usage's, customs, and practice of the bar of this Court. These Canons, and the statutes and common law of the Tribe relating to attorney conduct, are applicable to all attorneys and lay advocates who practice before this Court. (b) The
purpose of this rule is to emphasize, not to supplant, certain portions
of those ethical principles applicable to the lawyer's conduct in the
courtroom. In addition to all other requirements, therefore, lawyers
appearing in this Court shall:
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