CHAPTER 4-4
PARTIES

4-4-1 Parties and Capacity.

(A)    Every action shall be in the name of the real party in interest and when a statute of the Tribe so provides, an action for the use or benefit of another shall be brought in the name of the Tribe. No action shall be dismissed on the ground that it is not in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action and such ratification shall have the same effect as if the action had been commenced in the name of the real party in interest.

(B)    Every person, except as otherwise provided by law, shall have the capacity to sue or be sued in its own name in the Courts and service may be had as provided in Section 4-3-3 of these procedures.

(C)    A representative, either duly appointed, next friend or a guardian ad litem, may sue or defend on behalf of the infant or incompetent person. The Court shall proceed, as it deems proper for the protection of the infant or incompetent person.

4-4-2 Joinder.

(A)    Whenever it appears to the Court that separate actions are pending between the same parties, or involving the same facts of law, the Court may order actions joined if the parties will not be prejudiced.

(B)    The Court shall determine whether in equity and good conscience the person, or claim, to be joined as a party to the action. The factors to be considered by the Court in making such determination include:

(1)    To what extent a judgment rendered in the person’s absence complete relief cannot be accorded or it may be prejudicial to him or those already parties;

(2)    The extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided;

(3)    Third, whether a judgment rendered in the person’s absence will be adequate; and

(4)    Whether the plaintiff will have an adequate remedy if the action is dismissed.

4-4-3 Misjoinder of Parties.

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the Court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Leave of the Court shall not be required when the pleader amends his pleadings within the time period for amendment of pleadings specified in Section 4-2-8. Any claim against a party may be severed and proceeded with separately upon order of the Court.

4-4-4 Intervention.

Any person desiring to intervene shall motion the Court stating the grounds for the claims, or defenses for which intervention is sought. In exercising its discretion the Court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

4-4-5 Substitution of Parties.

(A)    The Court may order substitution of the proper parties if a party dies or if a party becomes incompetent. The motion for substitution may be made by any party and shall be served on the parties. Unless the motion for substitution is made not later than ninety (90) days after the death is suggested upon the record, the action shall be dismissed as to the deceased party.

(B)    Transfer of Interest. In case of any transfer of interest, the action may be continued unless the Court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party.