(a) These Rules shall be liberally construed to secure a just, speedy and inexpensive determination of every action and proceeding. At every stage of the proceeding, the Court may disregard any technical error or defect or a failure to comply with these Rules which does not affect the substantive rights of the parties, particularly those parties not represented by professional attorneys.

(b) Any practice or procedure not addressed in these Rules shall be conducted in conformance with the applicable Federal Rule of Civil Procedure unless to do so would produce an unfair or unjust result. The citation of the Federal Rules of Civil Procedure herein shall not be deemed an action deferring to federal jurisdiction of any matter where such jurisdiction does not exist.

(c) These Rules shall be known as the White Earth Band Rules of Civil Procedure and should be cited in all submissions to the Court as WEBRCP.

(a) Service of process shall consist of delivering to the party served a copy of the complaint or petition along with a summons, which need not be issued by the judge or clerk. The complaint or petition and summons shall advise the defendant or respondent that he or she is required to answer the complaint or petition within thirty (30) days or a default judgment will be entered against him or her.

(b) The return of service shall be endorsed with the name of the person serving and the date, time and place of service and shall be filed with the clerk of court.

(a) Personal Service. Service may be made on a party by delivering the required papers to the party or his or her agent or employee, or upon some person of suitable age and discretion over sixteen (16) years old at the party’s home or principal place of business, or on an officer, managing agent or employee, or partner of a non-individual party.

(b) Service by Publication. Service by publication may be made upon order of the Court for good cause shown by publishing the contents of the summons in a local newspaper of general circulation at least once per week for three (3) consecutive weeks and by leaving an extra copy of the complaint or paper with the Court for the party.

(c) Service by Law Enforcement Officer. Service may be made by any law enforcement officer or other person, not a party, who is at least sixteen (16) years of age or older.

(d) Service on the White Earth Band. Service upon the White Earth Band shall be made by delivering the required papers to the offices of the Chairman and/or Secretary of the White Earth Tribal Council at the Tribal Headquarters during normal business hours.

(e) Service Jurisdiction. Service upon a person otherwise subject to the jurisdiction of the White Earth Tribal Court may be made anywhere in the United States.

(f) Refusal of Service. If a person refuses to accept service, service shall be deemed performed if the person is informed of the purpose of the service and offered copies of the papers served.

(a) There shall be a complaint and an answer or a petition and a response. The complaint or petition shall consist of a short and clear written statement sufficient to advise the defendant or respondent and the Court of the Court’s jurisdiction, the nature of the plaintiff’s claim, the plaintiff’s entitlement to the relief and the nature of the relief sought.

(b) The defendant or respondent shall submit an answer to the complaint or petition within thirty (30) days of filing unless this time is extended by a judge upon written request showing good cause.

(a) All pleadings filed with the Court shall bear a heading designating the White Earth Tribal Court and a caption designating the parties to the suit and the assigned court file number, if any.

(b) All pleadings shall be submitted to the Court on 8.5" x 11" white paper and shall be double-spaced with one-inch margins on the left and right sides and two-inch margins on the top and bottom.

(c) All pleadings, excepting discovery and motions, shall separately number each allegation or averment and shall separately number each paragraph. All affirmative defenses, counterclaims or cross-claims shall be separately set forth and shall be clearly designated as such.

(d) Pleadings may incorporate exhibits provided those exhibits are attached to the pleading. Pleadings also may incorporate by reference previous allegations contained therein.

(a) Parties may amend their pleadings once without leave of Court and at any time up to thirty (30) days before a scheduled trial date. All other amendments shall require leave of the Court.

(b) An opposing party may respond to a proposed amendment, and may request a postponement of a scheduled trial date where it alleges that the amendment may prejudice its readiness for such trial. Where substantial justice so requires, the Court on its own motion may postpone a scheduled trial date after an amendment is made.

(a) An order is rendered when it is signed by the judge.

(b) An order is entered when it is filed in the office of the clerk of court.

(a) When the name or a part of the name of any defendant or respondent, or when any proper party defendant or respondent to an action to establish or enforce, redeem from or discharge a lien or claim to property is unknown to the plaintiff, such defendant or respondent may be designated a defendant or respondent by so much of the name as is known, or by a fictitious name, or as an unknown heir, representative, owner or person as the case may require, adding such description as may reasonably indicate the person intended. No person whose title to or interest in land appears of record or who is in actual occupancy of land shall be proceeded against as an unknown owner.

(b) When the name of such defendant or respondent is ascertained, the process, pleadings, and all proceedings may be amended by an order directing the insertion of the true names instead of the designation previously employed.

(c) In an action against a partnership, if the names of the partners are unknown to the plaintiff, all proceedings may be in the partnership name until the names of the partners are ascertained, whereupon the service of process, pleadings and all proceedings shall be amended by order directing the insertion of such names.

(a) To the extent possible, all persons or parties interested in a particular action shall be joined in the action.

(b) The failure to join a party over whom the Court has no jurisdiction will not require dismissal of the action unless it would be impossible to reach a just result without such party.

(c) Where joinder of an interested person is not possible, the Court shall attempt to fashion a resolution so as to do the greatest justice possible under the circumstances.

(a) Upon motion the Court may permit anyone to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant’s ability to protect that interest, unless the movant’s interest is adequately represented by existing parties.

(b) Upon motion the Court may permit anyone to intervene in an action when a movant’s claim or defense and the main action have a question of law or fact in common. When a party to an action relies for claim or defense upon any statute, ordinance or executive order or rule administered by a federal or tribal government officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action.

(c) A person desiring to intervene shall serve and file a motion to intervene upon the parties as provided in (a) and (b) above. The motion shall state the grounds for intervention and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute gives a right to intervene.

(d) Motions to intervene may be made at any time before the scheduled trial date. In exercising its discretion regarding motions to intervene, the Court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. If a motion to intervene is granted, the Court may upon motion of a party or its own motion, delay the trial as fairness and justice may require.

(a) No preliminary injunction shall be issued without notice to the adverse party.

(b) No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing thereon. Every temporary restraining order granted without notice shall:

In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence of all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for preliminary injunction and, if she/he does not do so, the Court shall dissolve the temporary restraining order. On two (2) day’s notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the Court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the Court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

(c) Except as otherwise provided by law, no restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the Court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of the United States, the White Earth Band of Chippewa, or of an officer or agency of either; nor shall it be required of a married person in a suit against the other party to the marriage contract. Nothing in this section shall be construed to give the White Earth Band of Chippewa Tribal Court jurisdiction over the United States or its employees operating within the scope of their employment.

(d) A surety upon a bond or undertaking under this Rule submits himself or herself to the jurisdiction of the Court and irrevocably appoints the Clerk or the Court as his or her agent upon whom any paper affecting his or her liability on the bond or undertaking may be served. His or her liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the Court prescribes may be served on the Clerk of the Court who shall forthwith mail copies to the persons giving the security if their addresses are known.

(e) Every order granting an injunction and every restraining order shall be specific in terms; shall describe in reasonable detail, and not reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

(f) An injunction may be granted:

(a) Where no other plain, speedy and adequate remedy exists, relief may be obtained by obtaining an extraordinary writ which may be granted for any one of the following grounds:

(b) No extraordinary writ may issue against the Band, or tribal officer or official or any entity owned by the Band in its governmental capacity absent an unequivocally expressed waiver of the Band’s sovereign immunity from suit.

(a) All motions shall be made in writing, unless made orally during a court proceeding and on the record. All written motions shall conform to the form requirements for pleadings under this Rule.

(b) All motions shall specify the rule and/or substantive law upon which they are based, and shall state clearly and succinctly the relief sought and the factual and legal basis for the motion.

(a) All motions shall be accompanied by a notice of motion which shall state where the motion will be heard and the date and time which has been set for the hearing. The notice and motion shall be served on the opposing parties consistent with the deadlines set forth in Sections 4(b)(3) and 4(c)(3) below. Notices and motions served outside of these timelines may be rejected by the Court.

(b) All notices and motions must be filed with the clerk of court within the deadlines set forth in Sections 4(b)(3) and 4(c)(3) below, and shall be accompanied by an original certificate of service. Notices and motions filed outside of these timelines or without an original certificate of service may be rejected by the Court.

(a) Prior to serving or filing a notice of motion and motion the moving party must obtain a hearing date from the clerk of court. The date and location set by the clerk for hearing must be prominently noted on the moving party’s notice of motion.

(b) When the moving party obtains a hearing date, he or she shall indicate whether the hearing is to be in person or by telephone conference. The movant’s notice of motion shall prominently indicate whether the motion hearing is to be in person or by telephone conference.

(c) In the event no hearing is scheduled, the motion shall be considered by the Court at the next scheduled court hearing.

(a) There are two types of motions under these Rules: dispositive and non-dispositive.

(b) Dispositive Motions.

(c) Non-Dispositive Motions.

(a) A party may submit written interrogatories to any other party who shall answer them in writing, under oath, within twenty-five (25) days of receipt of such.

(b) A party may take the oral deposition of an adverse party or non-party witness under oath upon not less than ten (10) days notice, specifying the time and place where such will occur.

(c) A party may request another party to produce any documents or things in her/his custody or possession for inspection or copying or request permission to enter and inspect property reasonably related to the case, and the opposing party shall within twenty-five (25) days reply as to whether such will be allowed and if not, why not.

(d) Parties may obtain discovery regarding any matter, not privileged, which is relevant to the pending action, whether or not such would be admissible at trial, if such appears reasonably calculated to lead to the discovery of admissible evidence. The work product of a party’s counselor or attorney is not discoverable.

(e) A party against whom discovery is sought may move the Court for protective order to prevent undue annoyance, harassment, embarrassment, oppression, or undue burden or expense, and the Court may order that the discovery cease or proceed only upon specified conditions.

(f) If a party fails to respond or appear for discovery as provided in this Rule, the opposing party may move for an order to compel the defaulting party to perform and the Court may award costs to the non-defaulting party. If a party fails to perform after being ordered to do so by the Court, the Court may, upon motion, order that a certain fact, claim or defense be deemed established or strike part of a claim or defense, or dismiss or render a judgment by default against the non-complying party in an aggravated case.

(g) Answers to interrogatories and depositions may be used in a motion, hearing or at trial to impeach or contradict the testimony of the person discovered, or by an adverse party for any purpose.

(h) Discovery documents need not be filed with the Court.

(a) Within fifteen (15) days of case assignment, the trial judge shall schedule a pretrial meeting between the parties and their counsel or advocate, if any.

(b) During such meetings the parties and the trial judge may consider any matters which will aid in the simplification, clarification, or disposition of the case. The parties and the trial judge may develop procedures to be followed at the trial, and the trial judge may encourage the parties to explore the possibility of settling their dispute. The trial judge may participate in settlement discussions to the extent that his or her impartiality at any eventual trial will not be affected.

(c) At his or her discretion, the trial judge may, at the request of a party or on his or her own motion, provide for the use of formal discovery. Such discovery may include those methods identified in Rule XIV. However, to the extent practicable, the trial judge shall encourage the parties to use informal methods of discovery.

(d) The trial judge shall prepare a written memorandum of each pretrial meeting setting forth the actions taken at the meeting. Copies of this memorandum shall be distributed to the parties and filed with the clerk.

(a) Prior to the responsive pleading of a party against whom a claim has been made or motion to dismiss or for summary judgment of such claim, the party making the claim may file a notice of dismissal and his or her claim shall be deemed dismissed without prejudice. In all other circumstances a party may move the Court to dismiss his or her own claim and the Court shall do so either with or without prejudice as is just and proper given the stage of the proceedings, provided, however, if a cross claim or counterclaim has been filed against the moving party, the judge shall dismiss the claim only with the consent of the adverse party or only if it appears that the other party can prosecute his or her claim independently without undue additional hardship.

(b) A party against whom a claim has been made may move the Court to dismiss the claim of the adverse party upon any of the following grounds:

Such dismissal shall be deemed an adjudication of the merits of the issue dismissed unless the Court shall, for good cause shown, order otherwise. The Court may postpone ruling on a motion to dismiss for failure to establish a right to any relief until the close of all the evidence.

If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the Court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule , and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule .

The Court may order a moving party to dismiss his or her own claim to pay the costs of the adverse party if the proceeding has progressed beyond the pleading state, and may order payment of costs in other circumstances where such is deemed appropriate.

(a) The trial judge may develop procedures through pretrial meetings or otherwise to secure a fair and efficient trial in each case. No such procedures shall deprive any party of the opportunity to present his or her case fairly nor shall any such procedures deprive any party of the right of cross-examination, nor shall any such procedure allow any party or witness to testify except under oath.

(b) Trials generally shall be conducted in accord with the procedures authorized by these Rules. The procedure, however, may be varied by the trial judge in appropriate cases as the interests of justice may require.

(a) Issuance. Subpoenas for attendance or witnesses or production of documents or things may be issued and served as provided for elsewhere in these Rules.

(b) Failure to Appear. A person who has been properly served with a subpoena and fails to appear or produce may be deemed in contempt of court and the Court may order his or her arrest for the offense of Failure to Obey a Lawful Order of the Court.

(c) Subpoena Unnecessary. A person present in court, or before a judicial officer, may be required to testify in the same manner as if he or she was in attendance upon a subpoena.

(d) Costs of Persons Subpoenaed. The cost of preparing and serving subpoenas shall be the responsibility of the party requesting the subpoena.

(a) At all hearings and trials, the testimony of witnesses shall be taken orally under oath, unless otherwise provided in these Rules. All evidence admissible under the Federal Rules of Evidence or as specified in this tribal code shall be admissible and the competency of witnesses to testify shall be similarly determined.

(b) A party may use leading questions against an adverse party or hostile witness or whenever such appears reasonably necessary to elicit testimony from witnesses of tender years or poor ability to communicate.

(c) A party may call any person to be a witness and examine any witness so called on any matter relevant to the action. A party may impeach his or her own witness.

(d) Cross examination shall be limited to the general scope of direct examination provided, however, that full examination of all witnesses shall be allowed on direct or cross examination to assure complete development of all relevant facts.

(e) Written documents and other physical evidence shall be received upon being identified, authenticated, and a showing of relevance to the action.

(f) Official documents or an official law, record, or copy thereof may be admitted into evidence upon the testimony of an official having custody of official knowledge thereof or without such testimony if the document or record or copy thereof is accompanied by a certificate identifying such thing and stating that it is a true and correct representation of what it purports to be.

(g) In an action tried to a jury, excluded evidence may, upon request, be included in the record for purposes of appeal and excluded oral testimony shall be put into evidence by means of an offer of proof made out of the hearing of the jury. In an action tried only to the Court, the judge may receive such excluded testimony into the record.

(a) The plaintiff shall be allowed to make an opening statement. If plaintiff is represented by counsel or advocate, this representative may make the opening statement. After plaintiff has presented his or her opening statement, defendant or respondent or defendant’s or respondent’s counsel or advocate may make an opening statement or may reserve the same until that party’s case in chief is opened.

(b) Plaintiff may then call his or her witnesses to testify under oath. Witnesses may rely on exhibits or documents which shall be available for inspection or copying. Witnesses shall testify by answering questions posed by plaintiff or plaintiff’s counsel or advocate. After a witness has testified, the witness shall be subject to cross-examination by defendant or respondent or defendant’s or respondent’s counsel or advocate.

(c) After plaintiff’s witnesses have been examined and cross-examined, plaintiff shall rest his or her case.

(a) Defendant or respondent, if he or she has reserved his or her opening statement, may make such statement after the plaintiff makes his or her case.

(b) Defendant or respondent may then call witnesses to testify under oath. Witnesses may rely on exhibits or documents which shall be available for inspection or copying. Witnesses shall testify by answering questions posed by defendant or respondent or by defendant’s or respondent’s counsel or advocate. After a witness has testified, the witness shall be subject to cross-examination by plaintiff or by plaintiff’s counsel or advocate.

(c) After defendant’s or respondent’s witnesses have testified and have been cross-examined, defendant or respondent shall rest his or her case.

(b) Judgment by default. A judgment by default shall not be different in kind from, or exceed in amount, that specifically prayed for in the complaint or petition.

(a) Signed and Filed and Recorded. Judgments shall be signed by the judge and filed with the clerk. A judgment is complete and shall be deemed entered for all purposes when it is signed and filed as provided herein. The clerk shall immediately make a notation of the judgment in the register of actions and the judgment docket.

(b) Death of a Party. If a party dies after a decision upon any issue of fact and before judgment, judgment may nevertheless be entered thereon.

(a) Full or Partial Satisfaction; Filing. A judgment may be satisfied, in whole or in part as to any or all of the judgment debtors by the owner thereof or his or her attorney or advocate of record executing under oath and filing an acknowledgment of satisfaction specifying the amount paid and whether such is a full or partial satisfaction of judgment and noting the amount thereof in the register of actions and the judgment docket.

(b) Effect of Satisfaction; Limitation. A judgment satisfied in whole, with such fact being entered in the judgment docket, shall cease to operate as such. A partially satisfied judgment or unsatisfied judgment shall continue in effect for ten (10) years or until satisfied. An action to renew the judgment remaining unsatisfied may be obtained at any time prior to the expiration of ten (10) years and will extend the limitations an additional ten (10) years and may be thereafter further extended by the same procedure.

(a) Any party may petition for a new trial on any or all of the issues presented by filing and serving a motion not later than ten (10) days after the entry of judgment, for any of the following causes:

(b) A new trial shall not be granted on the basis of error or irregularity which was harmless in that it did not affect substantial justice.

(c) Parties may include memoranda or affidavits in support of their motions to which reply memoranda and affidavits shall be allowed if desired.

(d) The Court may, on its own initiative, not later than ten (10) days after entry of judgment, order a new trial on any grounds which may be asserted by a party to the action, and shall specify the reasons for so ordering.

(e) A motion to alter or amend a judgment shall be filed and served not later than ten (10) days after entry of the judgment.

(a) A compromise or settlement of an action or proceeding to which a minor or mentally incompetent person is a party may be made by the guardian, the guardian’s attorney or advocate if the guardian is represented by an attorney or advocate, or the guardian ad litem with the approval of the court in which such action or proceeding is pending.

(b) A cause of action in favor of or against a minor or mentally incompetent person may, without the commencement of an action thereon, be settled by the guardian with the approval of the court appointing the guardian, the guardian’s attorney or advocate if the guardian is represented by an attorney or advocate, or by the guardian ad litem with the approval of any court of record. An order approving a settlement or compromise under this subsection and directing the consummation thereof shall have the same force and effect as a judgment of the Court.

(a) from a judgment entered in the White Earth Band of Chippewa Tribal Court;

(b) from an order which grants, refuses, dissolves or refuses to dissolve an injunction;

(c) from an order vacating or sustaining an attachment;

(d) from an order denying a new trial, or from an order granting a new trial if the White Earth Band of Chippewa Tribal Court expressly states therein that the order is based exclusively upon errors of law occurring at trial, and upon no other ground; and the tribal court shall specify such errors in its order or memorandum, but upon appeal, such order granting a new trial may be sustained for errors of law prejudicial to defendant or respondent other than those unspecified by the White Earth Band of Chippewa Tribal Court;

(e) from an order which, in effect, determines the action and prevents a judgment from which an appeal might be taken;

(f) from a final order or judgment made or rendered in proceedings supplementary to execution; and

(g) if the tribal court certifies that the question of law presented is one for which there is substantial ground for difference of opinion, wherein an immediate appeal from the order may materially advance the ultimate termination of the litigation; from an order which denies a motion to dismiss for failure to state a claim upon which relief can be granted; or from an order which denies a motion for summary judgment.

(a) the other court had jurisdiction over both the subject matter and the parties;

(b) the order, judgment, decree or other proceeding was not fraudulently obtained;

(c) the order, judgment, decree or other proceeding was obtained by a process that assures the requisites of an impartial administration of justice including but not limited to due notice and a hearing;

(d) the order, judgment, decree or other proceeding complies with the laws, ordinances and regulations of the jurisdiction from which it was obtained; and

(e) the order, judgment, decree or other proceeding does not contravene the public policy of the White Earth Band of Chippewa or interfere with the Band’s right to make its own laws and be governed by them.