Shakopee Mdewakanton Sioux Community of Minnesota - Tribal Code
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Court Manual, received in May 2003. Table of Contents.
[Shakopee Mdewakanton Sioux Tribal Court] -- Resolution No. 02-13-88-01. 1. Name. 2. Jurisdiction. 3A. Rules and procedure. 3B. Personnel and procedure. 4A. Appointment and recall of judges. 5A. Funding. 5B. Extraordinary funding. 5C. Limited waiver of sovereign immunity. 5D. Extraordinary appointment of judges. 6. Initial panel of judges. 7. Appeals. 8A. Initial appropriation. 8B. Publication of budgets. (5 pgs).
Jurisdictional amendment 11-14-95-003 -- Correspondence. Resolution 11-14-95-003. 1. Jurisdiction over claims arising out lamps subject to the community's jurisdiction. 2. Jurisdiction over persons. 3. Common law causes of action. [See next paragraph below; some pages appear to be missing from this copy, but the ordinance is repeated in the next section.] (5 pgs).
SMS(D)C [Shakopee Mdewakanton Sioux (Dakota) Community] rules of civil procedure -- Resolution 02-13-88-01. Ordinance 02-13-88-01 [copy of ordinance listed above]. Resolution 11-14-95-003 [copy of ordinance listed above with two additional pages: IV. Claims based upon statutory law. V. Application of laws. VI. Effective date; existing controversies; construction]. [Copies of pages from Federal Civil Rules Handbook (1997)]. [Copies of pages from Minnesota Statutes (1996)]. Scope (1. Scope. 2. One form of action). Admission to practice (3. Attorneys admitted to practice; fees). Commencement of action; service of process, pleadings, motions, and orders (5. Process [missing this page]. 6. Service of filing of pleadings and other papers [missing some pages of this section]. 7. Time [missing this page]. Pleadings and motions (8. Pleadings allowed; form of motions. 9. General rules of pleadings [missing this page]. 10. Form of pleadings. 11. Signing of pleadings [missing some pages of this section]. 12. Defenses and objections -- when and how presented -- by pleading or motion -- motion for judgment on pleadings [missing some pages of this section]. 13. Counterclaim and cross-claim. 14. Third party practice. 15. Amended and supplemental pleadings. 16. Pre-trial procedure; formulating issues). Parties (17. Parties plaintiff defendant; capacity. 18. Jointer of claims and remedies, etc.; interpleader; and class actions. 19. Intervention. 20. Substitution of parties). Depositions and discovery (21. Depositions pending action; depositions before action or pending appeal; stipulations regarding the taking of depositions; depositions upon oral examination; depositions of witness upon written interrogatories and effect of errors and irregularities in depositions. 22. Interrogatories to parties. 23. Discovery and production of documents and things for inspection, copying, or photographing; physical and mental examination of persons; admission of facts and genuineness of documents. 24. Refusal to make discovery; consequences). Trials (25. Trial by court; assignment; three judge panel; location of proceedings. 26. Dismissal of actions. 27. Evidence and subpoenas. 28. Findings by the court; judgments; summary judgment; entry of judgment; new trial and amendment of judgments; relief from judgment; harmless error; and effective date of judgment.). Special proceedings and appeals (29. Injunctions. Amendment to 32. Disqualification judge. 30. Execution of judgments. 31. Appeals. 33. Motions practice. 34. Enforcement of foreign judgments). Clerk's notice regarding petition for enforcement of foreign judgment. Forms (Petition for enforcement of foreign judgment. Request for admission (under Rule 23). Request for production of documents (etc., under Rule 23). Answer and counterclaim with interpleader. Answer (presenting defenses, Rule 12(b)). Motion to dismiss. Complaint (for negligence). Complaint (on a promissory note). Affidavit of service by U.S. mail. Affidavit of service. Petitioner's affidavit of identification of judgment debtor. Petitioner's affidavit of identification of judgment creditor. (194 pgs).
SMS(D)C Domestic relations code -- Correspondence. Resolution 05-15-01-01 to improve amendments to the domestic relations code. Amendments to 7. Child support. Correspondence. Resolution 05-23-95-002 to approve the domestic relations code. Introduction (1. Purpose. 2. Use of language from other laws). Chapter 1. Marriage (1. Jurisdiction. 2. Definition. 3. Who may marry. 4. Marriage requirements -- generally. 5. Validity of marriages. 6. Annulment). Chapter 2. Marital property (1. Definition. 2. Separate property. 3. Termination of marital property). Chapter 3. Divorce (1. Residency requirement. 2. Definition. 3. Grounds for divorce. 4. Filing fee. 5. Division of property upon divorce. 6. Maintenance. 7. Child support. 8. Enforcement of child support. 9. Medical support.). Chapter 4. Child custody and visitation upon divorce (1. Custody. 2. Visitation. 3. Effect of certain convictions on custody and visitation rights. 4. Per capita payments to children. 5. Modification of custody orders.). Chapter 5. Rules of procedure for divorce, annulment, property division, visitation and child custody actions (1. Applicability of rules. 2. Commencement; continuance; time; parties. 3. Motions; ex parte relief; orders to show cause; orders and decrees. 4. Scheduling of cases. 5. Prehearing conferences. 6. Default. 7. Final hearings. 8. Final decree. 9. Contempt. 10. Mediation. 11. Appeals. 12. Forms). Chapter 6. Antenuptial contracts (1. Scope of antenuptial contracts. 2. Requirements of valid antenuptial contracts. 3. Burden of proof). Chapter 7. Paternity (1. Child born during a marriage. 2. Children born outside of a marriage. 3. Application of the laws of intestate succession to children born outside of a marriage. 4. Determinations of paternity by the tribal courts of the Shakopee Mdewakanton Dakota. 5. Procedure to determine the father and child relationship). Chapter 8. Adoption (1. Purpose and policy. 2. Definitions. 3. Jurisdiction. 4. Petition for adoption. 5. Who may file a petition. 6. When consent to adoption is required. 7. Appointment of guardian. 8. Consents to adoption. 9. Investigation report. 10. Hearing on adoption. 11. Report and final decree of adoption. 12. Privacy interests of person(s) giving child up for adoption. 13. Adoption records. 14. Contents of adoption order. 15. Name and legal status of adopted child. 16. Tribal status of child). Chapter 9. Child welfare (1. Purpose, construction and policy. 2. Definitions. 3. Jurisdiction. 4. Proceedings of a civil nature. 5. How to start proceedings. 6. Grounds for a petition. 7. Notice and service of notice. 8. Hearing in children's court. 9. Actions of the children's court. 10. Records of children's court. 11. Custody of a child apprehended for violation of law. 12. Report of custodian. 13. No limitation on authority. 14. Child welfare and probation officers. 15. Caption headings. 16. Child welfare officer. Appendix of forms (Marriage license. Motion to modify child support. Application for temporary relief. Affidavit in support of motion to modify child support. Informational statement. Prehearing statement. Petition for adoption. Consent of parent to adoption and waiver of notice of hearing). (119 pgs).
Guardian ad litems -- Correspondence. (10 pgs).
Attorneys admitted to practice. (7 pgs).
[Second copy of] Ordinance 02-13-88-01. [Shakopee Mdewakanton Sioux Tribal Court] -- [See 3rd paragraph from the top for table of contents information.] (5 pgs).
Business corporation ordinance -- Resolution 7-27-94-001. Amendment to Shakopee Mdewakanton Sioux Community corporation ordinance. Resolution 11-05-92-001. Amendment to Shakopee Mdewakanton Sioux Community corporation ordinance. 1. Title. 2. Definitions. 3. Purposes. 4. General powers. 5. Corporate name. 6. Registered agent. 7. Service of process on corporation. 8. Authorized shares. 9. Payment for shares. [Sections 10-11].) 12. By-laws. 13. Articles of incorporation. 14. Incorporators. 15. Filing of incorporation. 16. Effect of issuance of certificate of incorporation. 17. Right to amend or restate articles of incorporation. 18. Articles of amendment or restatement. 19. Filing of articles of amendment or restatement. 20. Effect of certificate of amendment. 21. Board of Directors. 22. Number and election of directors. 23. Terms of directors. 24. Resignation of directors. 25. Removal of directors. 26. Vacancies on the board. 27. Compensation of directors. 28. Meetings of the board. 29. Notice of meeting. 30. Quorum and voting. 31. Director conflict of interest. 32. Loans to directors. 33. Required officers. 34. Resignation and removal of officers. 35. Contract rights of officers. 36. General standards for directors and officers. 37. Reliance. 38. Meetings of shareholders and members. 39. Notice of shareholder meetings. 40. Voting entitlement of shares. 41. Voting trusts and agreements. 42. Quorum. 43. Voluntary dissolution by act of corporation. 44. Voluntary dissolution by consent of shareholders. 45. Voluntary dissolution back to corporation. 46. Filing of statement of intent to dissolve. 47. Effect of statement of intent to dissolve. 48. Procedure after filing a statement of intent to dissolve. 49. Articles of dissolution. 50. Filing articles of dissolution. 51. Involuntary dissolution. 52. Venue and process. 53. Jurisdiction of Shakopee Mdewakanton Sioux Community Court to liquidate assets and business of corporation. 54. Procedure in liquidation of corporation by the Shakopee Mdewakanton Sioux Community Court. 55. Filing of claims in liquidation proceedings. 56. Discontinuance of liquidation proceedings. 57. Decree of involuntary dissolution. 58. Filing of decree of dissolution. 59. Deposit with the Shakopee Mdewakanton Sioux Community Court of amount due certain shareholders. 60. Survival of remedy after dissolution. 61. Effect of invalidity of part of this ordinance. 62. Effective date. 63. Authority. 64. Corporation contracts preserved. 65. Fees. 66. Consent of General Council required for creation of corporations wholly or partially owned by the community. 67. Remedies and penalties. (66 pgs).
Amended enrollment ordinance 6-08-93-001 -- Resolution 6-08-93-001. Amendment to the Shakopee Mdwakanton Sioux Community enrollment ordinance. Correspondence. Resolution 12-28-94-005. Amendments to the Shakopee Mdewakanton Sioux (Dakota) Community enrollment ordinance. Shakopee Mdewakanton Sioux (Dakota) Community enrollment ordinance 12-28-94-005 (1. Definitions. 2. Enrollment Committee. 3. Enrollment Office and officer. 4. Tribal rolls. 5. Henton and McLeod rolls. 6. Filing and processing applications. 7. Appeals. 8. Disenrollment. 9. Retroactive . (25 pgs).
Election ordinance 11-14-95-004 -- 1. Name and purpose. 2. Election day, time and place. 3. Administration of the election. 4. Eligible voters. 5. Candidates. 6. Primary elections. 7. Conduct of the election. 8. Absentee voting. 9. Counting ballots. 10. Recounting ballots and run-offs. 11. Transition period, date of assumption of office. 12. Repeal and severability. Schedule for Business Council election. (8 pgs).
Workers' compensation ordinance: an ordinance establishing a workers' compensation system for employees of the community and its business enterprises -- Part A. Purpose and enforcement (A1. Purpose. A2. Enforcement. A3. Rules. A4. Responsibility of the community). Part B. Definitions and general provisions (B1. Citation. B2. Definitions. B3. Right of action when a third party is liable. B4. Assignability. B5. Waiver of privilege. B6. Burton and standard of proof. B7. Severability. B8. Effective date). Part C. Covered employment and exceptions to coverage (C1. Employer's liabilities: exclusivity; sovereign immunity waived. C2. Non-waiver rights. C3. Exclusions. C4. Coverage in cases of prior or subsequent injuries). Part D. Worker compensation provided (D1. Total disability -- entitlement and nature of benefits. D2. Partial disability -- entitlement and nature of benefits. D3. Duration of benefits and other limitations on benefits. D4. Permanent impairment benefits. D5. Health care. D6. Injury resulting in death. D7. Rehabilitation. D8. Examinations). Part E. Notice of injury, limitation of claims and reports (E1. Notice of injury. E2. First report of injury. E3. Limitation of claims). Part F. Administration and claims procedures (F1. Administrator. F2. Time and method of payment. F3. Denial of claim; denial of liability. F4. Discontinuance of benefits. F5. Hearing examiners. F6. Claim petition. F7. Determination of claim. F8. Appeal. F9. Settlement. F10. Method of service -- notice, orders, and decisions. F11. Right to legal counsel. F12. Recoupment of overpayment. F13. Discovery. F14. Intervention). Rules promulgated pursuant to Shakopee Mdewakanton Sioux (Dakota) Community worker compensation ordinance ([Rule 001]. 002. Amount of benefits -- total disability. 003. Adjustment of benefits. 004. Amount of benefits -- partial disability. 005. Duration of benefits. 006. Permanent impairment benefits. 007. Limitation of aggregate permanent impairment benefits. 008. For permanent disfigurement or scarring. 009. Health care expenses. [Rules 010 - 012]. 013. Amounts of benefits -- death. 014. Duration of benefits -- death. 015. Assignability. [Rule 016]). (28 pgs).
Judicial decisions timeframe ordinance 05-23-95-003 -- 1. General. 2. Purpose. 3. Timeframe for issuing judicial decisions. 4. Violations. 5. Enforcement. 6. Non-termination. 7. Availability of reports. 8. Voting requirement. Resolution 05-23-95-003 approving judicial decision time frame ordinance. Correspondence. (5 pgs).
Gaming ordinance -- Title 1. General provisions (100. Short title. 101. Findings and intent. 102. Definitions. 103. Effect of headings. 104. Liberal interpretation. 105. Separability. 106. Implementation. 107. Amendment). Title 2. Development, administration, and enforcement (200. Election and composition of Community Gaming Commission. 201. Removal for cause. 202. Decision-making by the commission. 203. Gaming Commission meetings. 204. Conflict of interest. 205. Powers of Community Gaming Commission. 206. Duties of Community Gaming Commission. 207. Plan of organization, delegation of authority. 208. Deleted. 209. Hearing. 210. Community Gaming Commission findings. 211. Deleted. 212. Community Gaming Commission determination. 213. Written determination provided. 214. Violations and sanctions. 215. Civil penalty provisions. 216. Exclusion or ejectment of certain persons from gaming establishments. 217. Factors to be considered by the commission in making its determination to exclude. 218. Notice to excluded persons. 219. Appeal. 220. No limitation on the number of gaming enterprises. Title 3. Licensing (300. License required for gaming enterprises and distribution of gaming equipment. 301. Application necessary for public gaming activities. 302. Application for gaming enterprise. 303. Application and investigation report for primary management officials and key employees. 304. Background investigation. 305. Report for National Indian Gaming Commission (Commission), State of Minnesota for Class II and Class III gaming applications and investigation reports for key employees and primary management officials. 306. Temporary employment authorization. 307. Licensing requirements and procedures for primary management officials and key employees. 308. Granting licenses to key employees and primary management officials. 309. License suspension for primary management officials and key employees. 310. Notice to existing key employees and management officials. 311. Retention of applications for employees of a gaming operation other than key employees and primary management officials. 312. Application for distributors of video games of chance and gaming equipment. 313. Machine licenses. 314. Classes of licenses. 315. Reimbursement for costs of investigation. 316. Fraud on application. 317. Exemptions. 318. License renewal. 319. License display. 320. Requirements to maintain license. 321. Fees. 322. Payment of license fees. 323. Non-transferability. 324. License as a revocable privilege. 325. Annual license review. 326. Commission may waive certain requirements). Title 4. Rules of general applicability (400. Rules of gaming operation. 401. Video games of chance. 402. Restrictions for gaming enterprises). Title 5. Indian Gaming Regulatory Act (500. Policy. 501. Proprietary interest. 502. Net revenues. 503. Per capita payments. 504. Contracts. 505. Individually owned gaming. 506. Tribal self-regulation. 507. Management agreements. 508. Internal Revenue Code). (48 pgs).
Business proceeds distribution ordinance 12-29-88-002 -- 1. Repeal of inconsistent legislation. 2. Development reserve. 3. Individual per capita payments. 4. Reservation residency not required. 5. Future welfare programs. 6. Children's trust fund. 7. Existing trust accounts. 8. Final and exclusive list of eligible recipients. 9. Funding for government operations and programs. 10. Amendments. 11. Preservation of prior obligation. 12. Penalties. [Section 13]. Attachment A. Role of adults. Attachment B. Role of minors. Gaming revenue allocation amendments to business proceeds distribution ordinance -- 14. Gaming revenue allocation amendments. (23 pgs).
Tort claims ordinance -- 1. Policy. 2. Purpose. 3. Definitions. 4. Waiver of sovereign immunity, liability of the community. 5. Limits. 6. Jurisdiction. 7. Exclusions. 8. Defenses. 9. Statute of limitations. 10. Procedure. 11. Indemnification of community employees. 12. Settlement. 13. Attorney's fees. 14. Subrogation. Correspondence. (7 pgs).
Real estate and secured financing ordinance ---- 1. Title to reservation lands. 2. Registration. 3. Conveyancing. 4. Recording. 5. Mortgages. 6. Mortgage foreclosure. 7. Leases. 8. Recovery of possession. 9. Community sheriff. 10. Jurisdiction and authority of tribal court. 11. Security interest in community personal property. 12. Nuisance. 13. Building code. 14. General provisions. Appendix C [no documents in Appendix C]. (37 pgs).
Probate code -- General Council resolution 05-12-98-002 granting authority to the Shakopee Mdewakanton Sioux (Dakota) Community Tribal Court to use the Uniform Probate Code for all tribal matters. Correspondence. [Copy of pages from the Uniform Probate Code]. Correspondence. (60 pgs).
Resolution 11-05-92-001. Amendment to the Shakopee Mdewakanton Sioux Community corporation ordinance. Resolution 7-27-94-001. Amendment to the Shakopee Mdewakanton Sioux Community corporation ordinance. Corporation ordinance as enacted 2-27-91-004 [see a newer copy of the Business corporation ordinance listed above]. (64 pgs).