Ponca Tribe of Nebraska Tribal Code
TITLE VI JUDICIAL REMEDIES
CHAPTER 3 DECLARATORY RELIEF
Section 6-3-1. Power of Court to Provide Declaratory Relief Form and Effect of Declarations
Section 6-3-2. Construction and Determination of Validity of Written Instruments and Legislative Acts
Section 6-3-3. Procedure
Section 6-3-4. Parties to be Joined in Action for Declaratory Relief
Section 6-3-5. Tribe Joined in Proceeding Involving Tribal Law Or Ordinance
Section 6-3-6. Trial of Issues of Fact
Section 6-3-7. Judgment Refused Where Controversy Would Not Be Terminated
Section 6-3-8. Chapter Declared Remedial
PTN Code § 6-3-1
Section 6-3-1. Power of Court to Provide Declaratory Relief Form and Effect of Declarations
The Tribal Court shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. The declaration may be either affirmative or negative in form and effect and such declaration shall have the force and effect of a final judgment and decree. An action for declaratory relief shall involve a controversy of justiciable character between parties having adverse interests. The party seeking relief must have a legally protectable interest.
Ponca Tribe of Nebraska Code § 6-3-1, PTN Code § 6-3-1
PTN Code § 6-3-2
Section 6-3-2. Construction and Determination of Validity of Written Instruments and Legislative Acts
Any person interested under a deed, will, written contract, or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a tribal law, ordinance or contract, may have determined any question of construction or validity arising under the instrument, law, ordinance or contract and obtain a declaration of rights, status, or other legal relations thereunder.
Ponca Tribe of Nebraska Code § 6-3-2, PTN Code § 6-3-2
PTN Code § 6-3-3
Section 6-3-3. Procedure
Actions for declaratory relief shall be brought by petition in accordance with the Tribal Rules of Civil Procedures.
Ponca Tribe of Nebraska Code § 6-3-3, PTN Code § 6-3-3
PTN Code § 6-3-4
Section 6-3-4. Parties to be Joined in Action for Declaratory Relief
When declaratory relief is sought, all persons shall be made parties who have or claim any interest that would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.
Ponca Tribe of Nebraska Code § 6-3-4, PTN Code § 6-3-4
PTN Code § 6-3-5
Section 6-3-5. Tribe Joined in Proceeding Involving Tribal Law Or Ordinance
In any proceeding that involves the validity of a tribal law, ordinance, policy or regulation, the Tribe shall be made a party and shall be entitled to be heard.
Ponca Tribe of Nebraska Code § 6-3-5, PTN Code § 6-3-5
PTN Code § 6-3-6
Section 6-3-6. Trial of Issues of Fact
When a proceeding under this Chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions.
Ponca Tribe of Nebraska Code § 6-3-6, PTN Code § 6-3-6
PTN Code § 6-3-7
Section 6-3-7. Judgment Refused Where Controversy Would Not Be Terminated
The Court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
Ponca Tribe of Nebraska Code § 6-3-7, PTN Code § 6-3-7
PTN Code § 6-3-8
Section 6-3-8. Chapter Declared Remedial
This Chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; it is to be liberally construed and administered.
Ponca Tribe of Nebraska Code § 6-3-8, PTN Code § 6-3-8