CHAPTER 4-2
COMMENCEMENT OF ACTION: PLEADINGS, MOTIONS AND ORDERS
4-2-1 Commencement of Action.
A civil action is commenced by filing a complaint with the Court. Upon the filing of a complaint with the Court, the action is pending. While an action is pending, no third person shall acquire an interest in the subject matter of the suit as against the plaintiff’s title, unless service of process is made upon the defendant within one hundred twenty (120) days after the filing of the petition. No action pending shall constitute notice with respect to any real property or personal property located within the Tribal jurisdiction until a notice is filed in the office of the Clerk of the Court.
4-2-2 Pleadings and Motions.
(A) Pleadings. There shall be a complaint and an answer. No other pleading shall be allowed, except that the Court may order a reply to an answer or a third party answer. All pleadings shall be liberally construed so as to do substantial justice.
(B) Motions and Other Papers. An application to the Court for an order shall be by motion which, unless made during a hearing or trial, and:
(1) be in writing;
(2) state the grounds, and
(3) set forth the relief or order sought.
(C) All pleadings and motions shall be signed by the party, or an attorney or advocate of record, with his individual name, address and telephone number. The signature constitutes a certificate that the pleading or motion has been read; that the information and belief with grounds to support is to their best knowledge; and that it is not interposed for delay.
4-2-3 General Rules.
(A) Consistency. Each allegation or assertion of a pleading shall be simple, concise, and direct. No technical forms of pleadings or motions are required, but shall follow the general form as prescribed.
(B) Complaint. A pleading which sets forth a claim for relief shall contain
(1) a statement of the claim showing the relief entitled, and
(2) a demand for judgment for the relief to which he deems himself entitled.
(C) Answer. A party shall state his defenses to each claim asserted and shall admit or deny the allegations upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an allegation, he shall so state and this has the effect of a denial.
(1) A party shall serve his answer within twenty (20) days after the service of process upon him, except when service is made under Section 4-2-8 and a different time is prescribed by Court order or statute.
(2) Within the time in which an answer may be served, a party may file an entry of appearance and reserve twenty (20) additional days to answer or otherwise defend. An entry of appearance shall extend the time to respond twenty (20) days from the last date for answering.
4-2-4 General Form.
(A) Caption. All forms shall contain a caption setting forth the name of the Court, the name of parties, the type of the action, and the file number.
(B) Separate Statements. All allegations or assertions of a claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances.
(C) Exhibits. A copy of any written instrument which is an exhibit to a pleading, motion, or a brief may be adopted or referenced thereafter.
4-2-5 Judgment on the Pleadings.
After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. The motion shall be treated as one for summary judgment. Every motion to dismiss shall be accompanied by a concise brief in support of that motion unless waived by order of the Court.
Prior to granting a motion to dismiss an action, the Court shall grant leave to amend, if the defect can be remedied, and shall specify the time within which an amended pleading shall be filed. Absent good cause for a shorter or longer time, an amended pleading shall be ten (10) days. If the amended pleading is not filed within the time allowed, final judgment of dismissal with prejudice shall be entered.
4-2-6 Counterclaims.
(A) Maturing or Acquired After Pleading. A claim which either matured or was acquired, after the pleading may, with the permission of the Court, be presented as a counterclaim by a supplemental pleading or amended pleading.
(B) Joinder. Persons or claims other than those made in the original action may be joined as a counterclaim in accordance with the provisions of Section 4-4-2.
4-2-7 Counterclaim Effect on Statutes of Limitation.
(A) Where a counterclaim and the claim arise out of the same transaction or occurrence, the counterclaim shall not be barred by a statute of limitation.
(B) Where a counterclaim and the claim do not arise out of the same transaction or occurrence, the counterclaim may be barred by a statute of limitation.
(C) Where a counterclaim was barred by a statute of limitation before the claim of the opposing party arose, the barred counterclaim cannot be used for any purpose.
4-2-8 Amended and Supplemental Pleadings.
(A) Amendments. A party may amend his pleading once if the action has not been placed upon the trial calendar; he may amend it at any time within twenty (20) days after it is served; otherwise, a party may amend his pleading only by leave of the Court or by written consent of the adverse party. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten (10) days after service of the amended pleading, whichever period may be the longer, unless the Court otherwise orders.
(B) Relation Back of Amendments. An amendment changing the party against whom a claim is asserted relates back if the party to be brought in by amendment
(1) has received such notice of the action that he will not be prejudiced in maintaining his defense on the merits, and
(2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.
(C) Supplemental Pleadings. A supplemental pleading will relate back to the original pleading if it arises out of the conduct, transaction, or occurrence set forth in the original pleading.
4-2-9 Pre-trial Conference.
(A) In any action, the Court may in its discretion direct the parties to appear before it for a conference to consider such matters which may aid in the disposition of the action.
(B) The Court shall make an order which recites the action taken at the conference and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice.
4-2-10 Dismissal of Actions.
(A) Voluntary Dismissal By Plaintiff. Subject to provisions of Section 902 an action may be dismissed by the plaintiff without order of Court by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion of summary judgment, whichever first occurs, or by filing a stipulation of dismissal signed by all parties who have appeared in the action.
(B) Involuntary Dismissal By Defendant. The defendant, without waiving his right to offer evidence, may move for dismissal on the ground that:
(1) The plaintiff has failed to prosecute, or to comply with procedures, Court rule, or any order of the Court.
(2) The facts and the law the plaintiff has shown no right to relief. The Court may then determine the facts and render judgment. A dismissal on the merits operates as adjudication upon the merits, unless otherwise specified.