Absentee-Shawnee Tribe of Indians of Oklahoma
Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Chapter Three. Court Clerk
Section 301. Establishment
There is hereby established a Court Clerk's Office to be administered by one (1) Court Clerk and such Deputy Court Clerks as may be necessary. The Court Clerk shall be appointed by the Supreme Court, and Deputy Court Clerks shall be appointed by the Court Clerk subject to the approval of the Supreme Court.
Absentee Shawnee Courts Code Section 301, AST COURTS Code Section 301
Section 302. Clerk to Serve Supreme and District Courts
Until such time as the Supreme Court determines that separate Clerks are necessary to efficiently administer the business of the Courts and funding is available, the Court Clerk shall serve as the Clerk of the Supreme Court and the Clerk of the District Court. When serving the Supreme Court, the Clerk's title shall be “Clerk of the Supreme Court”. When serving the District Court, the Clerk's title shall be “Clerk of the District Court”.
Absentee Shawnee Courts Code Section 302, AST COURTS Code Section 302
Section 303. Clerk as Department Director
The Court Clerk is a supervisory administrative position of the Judicial Branch of the Government of the Tribe with the same rank as Department Director. The Court Clerk shall serve as the Court Administrator and shall be charged with the preparation of Court budgets, the acquisition of necessary supplies, the maintenance and upkeep of the Court's law library, the custody upkeep and maintenance of the records, papers, effects, and property of the Court and such other matters as shall be assigned to the Clerk of the Court by law or Court rule.
Absentee Shawnee Courts Code Section 303, AST COURTS Code Section 303
Section 304. Powers and Duties
The Court Clerk shall have the following powers and duties:
(a) To undertake all duties and functions otherwise authorized by law, or necessary and proper to the exercise of a duty of function authorized by law.
(b) Subject to the approval of the Supreme Court, to supervise and direct the hiring, firing, and work of all deputy court clerks and other employees in his office.
(c) to collect all fines, fees, and costs authorized or required by law to be paid to the Courts, to receipt therefore, and to deliver them to the Tribal Treasurer for deposit in the Court fund.
(d) to accept, when ordered by the Court, monies for the payment of civil judgments and to pay same by check to the party entitled to them. For the purpose of taking such action, the Clerk is authorized to maintain a bank checking account subject to the oversight of the Supreme Court and to deposit and withdraw funds therefrom. This account shall be audited at least once each year by the Tribal Accounting Department or an independent Certified Public Accountant, and the Clerk shall give a fidelity or performance bond to guarantee the funds deposited therein in such amount as the Supreme Court shall direct.
(e) to administer oaths, issue summons and subpoenas, certify a true copy of Court records, and to accurately keep each and every record of the Supreme and District Courts.
(f) to provide a record in the absence of a Court Reporter to accurately and completely record all proceedings and hearings of the Courts. If a Court Reporter is available, the Court Reporter shall have the authority to administer oaths and undertake such other Court functions as shall be provided by law or Court Rule.
(g) to provide stenographic and clerical services to the Court and the Attorney General or Prosecuting Attorney when requested.
(h) to act as librarian, and to keep and maintain the Court's law library.
(i) to undertake all duties assigned or delegated to the Clerk's office by Tribal law or Court Rule.
Absentee Shawnee Courts Code Section 304, AST COURTS Code Section 304
Section 305. Seal
The Court Clerk is authorized to have and use a seal which shall be circular in form and contain the words, “District Court Clerk”, and the name of the Tribe around the edge thereof, and e words “Official Seal” or the official Tribal emblem in its center. When acting as the Clerk of the Supreme Court the Clerk's seal shall be circular in form and contain the words “Supreme Court Clerk” and the name of the Tribe around the edge thereof, and the words “Official Seal” or the Tribal emblem in the center. The seal shall be impressed upon all warrants, subpoenas, summons, certified copies of records, judgments, orders, decrees, and similar documents, as evidence of their authenticity.
Absentee Shawnee Courts Code Section 305, AST COURTS Code Section 305
Section 306. Certification of True Copies
The Court Clerk is authorized to certify that a copy of any record in his office is a true and accurate copy of the record on file by signed stamp or writing placed on such copy, sealed with the seal of the Court Clerk's office, and in substantially the following form:
Absentee Shawnee Courts Code Section 306, AST COURTS Code Section 306
Section 307. Courts Always Open
The District and Supreme Courts shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules.
Absentee Shawnee Courts Code Section 307, AST COURTS Code Section 307
Section 308. Trials and Hearings--Orders in Chambers
All trials upon the merits, except as specifically provided by law and in juvenile cases shall be conducted in open Court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a Judge in chambers, without the attendance of the clerk or other court officials and in any place either within or without the tribal jurisdiction; but no hearing, other than one ex parte, shall be conducted outside the tribal jurisdiction without the consent of all parties affected thereby, except when determined by the Court to be necessary or expedient in children's cases arising under the Indian Child Welfare Act of 1978, or when the Tribe has entered into an agreement with another government for the sharing of judicial officers and courtroom space in which case the Court may sit in any place authorized by such agreement.
Absentee Shawnee Courts Code Section 308, AST COURTS Code Section 308
Section 309. Clerk's Office and Orders by the Clerk
The Clerk's office with the Clerk or a deputy in attendance shall be open during business hours on all days except Saturdays, Sundays, and legal holidays, but the Court may provide by rule or order that its Clerk's office shall be open for specified hours on Saturdays or particular legal holidays other than New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. All motions and applications in the Clerk's office for issuing mesne process, for issuing final process, to enforce and execute judgments, for entering defaults or judgments by default, and for other proceedings which do not require allowance or order of the Court are grantable of course by the Clerk, unless the Civil Procedure Act requires previous approval by the Court, but his action may be suspended or altered or rescinded by the Court upon cause shown.
Absentee Shawnee Courts Code Section 309, AST COURTS Code Section 309
Section 310. Notice of Orders or Judgments
Immediately upon the entry of an order or judgment, the Clerk shall serve a notice of the entry by mail upon each party or their attorney who is not in default for failure to appear, and shall make a note in the docket of the mailing. Such mailing is sufficient notice for all purposes for which notice of the entry of an order is required by law, but any party may in addition serve a notice of such entry in the manner provided in the Civil Procedure Act for the service of papers. Lack of notice of the entry by the Clerk does not affect the time to appeal or relieve or authorize the Court to relieve a party for failure to appeal within the time allowed, except as permitted in the Civil Procedure Act.
Absentee Shawnee Courts Code Section 310, AST COURTS Code Section 310
Section 311. Books and Records Kept by the Clerk and Entries Therein
(a) The Clerk shall keep a book known as the “Civil Docket” of such form and style as may be prescribed by the Justices of the Supreme Court, and shall enter therein each civil action. Actions shall be assigned consecutive file numbers. The file number of each action shall be noted on the folio of the docket whereupon the first entry of th action is made. All papers filed with the Clerk, all process issued and returns made thereon, all appearances, orders, verdicts, and judgments shall be entered chronologically in the civil docket on the folio assigned to the action and shall be marked with its file number. These entries shall be brief but shall show the nature of each paper filed or writ issued and the substance of each order or judgment of the Court and of the returns showing execution of process. The entry of an order or judgment shall show the date the entry is made. When in an action trial by jury has been properly demanded or ordered, the Clerk shall enter the word “jury” on the folio assigned to that action. When in an action trial by judicial panel has been properly demanded or ordered, the Clerk shall enter the words “judicial panel” on the folio assigned to that action.
(b) In like fashion, the Clerk shall keep suitable dockets, indices, calendars, and judgment records for the criminal, juvenile, and small claims dockets of the District Court, and the appeals and original action docket of the Supreme Court. The appeals and original action dockets of the Supreme Court may be combined if the Supreme Court shall so direct.
(c) The Clerk shall also keep such other books and records as may be required from time to time by law or the Supreme Court.
Absentee Shawnee Courts Code Section 311, AST COURTS Code Section 311
Section 312. Stenographic Report or Transcript as Evidence
(a) Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible in evidence at a later trial, it may be proved by the transcript thereof duly certified by the person who reported the testimony.
(b) Whenever the testimony of a witness at a trial or hearing which was electronically taped is admissable in evidence at a later trial, it may be proved by the tape recording thereof maintained in the custody of the Court Clerk with the records of the trial, or by some other person duly certified as correct by the Court Clerk, or by some other person duly authorized to administer oaths, who has prepared or caused to be prepared under his direction a transcript of the recording.
Absentee Shawnee Courts Code Section 312, AST COURTS Code Section 312
Section 313. Judgment Docket
The judgment docket shall be kept in the form of an index in which the name of each person against whom judgment is rendered shall appear in alphabetical order, and it shall be the duty of the Clerk immediately after the rendition of a judgment to enter on said judgment docket a statement containing the names of the parties, the amount and nature of the judgment and costs, and the date of its rendition, and the date on which said judgment is entered on said judgment docket; and if the judgment be rendered against several persons, the entry shall be repeated under the name of each person against whom the judgment is rendered in alphabetical order.
Absentee Shawnee Courts Code Section 313, AST COURTS Code Section 313
Section 314. Execution Docket
In the execution docket the Clerk shall enter all executions as they are issued. The entry shall contain the names of the parties, the date and amount of the judgment and costs, and the date of the execution. The Clerk shall also record in full the return of the Chief of the Tribal Police to each execution, and such record shall be evidence of such return, if the original be mislaid or lost.
Absentee Shawnee Courts Code Section 314, AST COURTS Code Section 314
Section 315. Clerk May Collect Judgment and Costs
Where there is no execution outstanding, the Clerk of the Court may receive the amount of the judgment and costs, and receipt therefore, with the same effect as if the same had been paid to the Chief of the Tribal Police on an execution, and the Clerk shall be liable to be amerced in the same manner and amount as the Chief of the Tribal Police for refusing to pay the same to the party entitled thereto, when requested, and shall also be liable on his official bond.
Absentee Shawnee Courts Code Section 315, AST COURTS Code Section 315
Section 316. Clerks to Issue Writs and Orders
All writs and orders for provisional remedies, and process of every kind shall be prepared by the party or his attorney who is seeking the issuance of such writ, order, or process and shall be issued by the Clerk. Except for summons and subpoena, the Clerk shall not issue any such writ, order, or process except upon order or allowance of the Court unless specific authorization for his issuing such document is found in the Tribal Code.
Absentee Shawnee Courts Code Section 316, AST COURTS Code Section 316
Section 317. Clerk to File and Preserve Papers
It is the duty of the Clerk to file together and carefully preserve in his office, all papers delivered to him for that purpose in every action or proceeding.
Absentee Shawnee Courts Code Section 317, AST COURTS Code Section 317
Section 318. Each Case to be Kept Separate
The papers in each case shall be kept in a separate file marked with the title and number of the case.
Absentee Shawnee Courts Code Section 318, AST COURTS Code Section 318
Section 319. Indorsements
He shall indorse upon every paper filed with him, the day of filing it; and upon every order for a provisional remedy, and upon every undertaking given under the same, the day of its return to his office.
Absentee Shawnee Courts Code Section 319, AST COURTS Code Section 319
Section 320. Entry on Return of Summons
He shall, upon the return of every summons, enter upon the appearance docket whether or not service has been made; and if the summons has been served, the name of the defendant or defendants summoned and the day and manner of the service upon each one. The entry shall be evidence in case of the loss of the summons.
Absentee Shawnee Courts Code Section 320, AST COURTS Code Section 320
Section 321. Material for Record
The record shall be made up from the complaint, the process, return, the pleadings subsequent thereto, reports, verdicts, orders, judgments, and all material acts and proceedings of the Court, but if the items of an account, or the copies of papers attached to the pleadings, be voluminous, the Court may order the record to be made by abbreviating the same, or inserting a pertinent description thereof, or by omitting them entirely. Evidence must not be recorded in the file or appearance docket, provided that the transcript of testimony may be appended to the record when paid for by a party for the purpose of appeal.
Absentee Shawnee Courts Code Section 321, AST COURTS Code Section 321
Section 322. Memorializing Record
It is the duty of the Court to write out, sign, and record its orders, judgments, and decrees within a reasonable time after their rendition. To aid in the performance of this duty, the Court may direct counsel or the Court Clerk to prepare the written memorialization for its signature and, after it is signed, to file it in the case record, or, the Court may direct the Clerk to prepare the written memorialization dictated by the Court and sign and file the same on the Court's behalf.
Absentee Shawnee Courts Code Section 322, AST COURTS Code Section 322
Section 323. Clerk to Keep Court Records, Books and Papers--Statistical and Other Information
The Clerk shall keep the records and books and papers appertaining to the Court and record its proceedings, and exercise the powers and perform the duties imposed upon him by Tribal statute, order of the Court, or Court rule. The Clerk is directed to furnish annually, or at such times as shall be requested, without cost to the Supreme Court and to the Executive Committee, such statistical and other information as the Supreme Court or the Tribal Legislative Body may require, including, but without being limited to, the number and classification of cases:
(a) Filed with the Court.
(b) Disposed of by the Court, and the manner of such disposition.
(c) The number of cases pending before the Court.
Absentee Shawnee Courts Code Section 323, AST COURTS Code Section 323
Section 324. Applicable to District and Supreme Court
The provisions of this Chapter shall apply to the Clerk of the Tribal District Court and the Tribal Supreme Court insofar as they may be applicable.
Absentee Shawnee Courts Code Section 324, AST COURTS Code Section 324
Section 325. Bonds
The Court Clerk and each deputy Clerk shall be banded by a position fidelity bond to guarantee the proper performance of their duties and their fidelity in the handling of the money and other property coming into their hands in the performance of their duties. The amount of such bond shall be set by the Executive Committee and the cost thereof shall be paid from Tribal funds.
Absentee Shawnee Courts Code Section 325, AST COURTS Code Section 325