Chapter 4-10 JUDGMENT

CHAPTER 4-10
JUDGMENT

4-10-1 Judgments.

A judgment shall not contain a recital of pleadings or the record of prior proceedings. Any order or decision which adjudicates less than all the rights and liabilities of the claims or parties shall not terminate the action and such an order or decision is subject to revision prior to the final entry of judgment adjudicating all the claims.

Every final judgment shall grant the entitled relief to the prevailing party, even if the party has not demanded such relief in his pleadings, except when judgment is entered by default.

A judgment shall be considered a lawful debt in all proceedings held by the Department of the Interior or by the Tribal Court in the distribution of decedent’s estate.

4-10-2 Default.

Judgment by default shall be entered when a party has failed to plead or defend a claim that has been brought. A judgment by default shall not be different in kind from or exceed in amount that was demanded for judgment by another party.

(A) No judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian who has appeared.

(B) No judgment by default may be entered against the Tribe, unless sixty (60) days written notice has been served upon the Tribe. If during such sixty (60) day period the Tribe is without counsel, and the Tribe has submitted contract for approval, no default may be entered until thirty (30) days after approval of the contract.

4-10-3 Offer of Judgment.

When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than ten (10) days prior to the commencement of hearings to determine the amount or extent of liability.

4-10-4 Summary Judgment.

A summary judgment, interlocutory in character and where there are no issues of material fact, may be entered on the issue of liability alone although there is a genuine issue as to the amount of damages. A party may move for a summary judgment in his favor at any time after the expiration of twenty (20) days from the commencement of the action.

4-10-5 Declaratory Judgments.

A declaratory judgment is when a binding adjudication of the litigants’ rights and status even though no consequent relief is awarded. The procedure for obtaining a declaratory judgment in actions arising in equity, or through contract, or pursuant to any specific tribal law authorizing a declaratory judgment, shall be in accordance with this Title, and the right to trial by jury may be demanded. The existence of any other adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate.

4-10-6 Entry of Judgment.

A judgment is effective only when entered in the civil docket book. Entry of the judgment shall not be delayed for the taxing of costs. Attorneys shall not submit forms of judgment except upon direction of the Court.

4-10-7 New Trials.

A new trial may be granted upon filing a motion which specifies the grounds for prejudicial error that were improper and unfair or that occurred because of newly discovered evidence. A motion for a new trial shall be served not later than ten (10) days after the entry of the judgment, except that a motion based upon newly discovered evidence shall be made within one year from the date of judgment.

4-10-8 Clerical Error.

Clerical mistakes in judgments, arising from oversight or omission may be corrected. Such mistakes may be so corrected before the appeal is docketed in the Court of Appeals, and thereafter while the appeal is pending may be so corrected with leave of the Court of Appeals.

4-10-9 Harmless Error.

Harmless error is not a ground for granting a new trial or for setting aside a verdict unless such refusal appears to the Court inconsistent or prejudicial to the party’s substantial rights.

4-10-10 Judgment Lien.

A judgment entered by the District Court become and remain in lien upon the judgment debtor’s property until satisfied. A Judgment satisfied in whole with such fact entered in the judgment record shall cease to operate as a lien on the judgment debtor’s property. A partially satisfied judgment or an unsatisfied judgment shall continue in effect until satisfied in full.

(Amended by PBP TC No. 92-60, November 18, 1992)

4-10-11 Execution of Judgment.

(A) Order of Execution. If at any time 10 days after entry of judgment awarding money or costs against a party, it is made to appear to the District Court that the judgment debtor has not paid the judgment in full or is not current in making installment payments in a manner agreed to by the parties in writing and filed with the District Court, the District Court shall, upon motion of the judgment creditor heard ex parte, order the Tribal Police to levy and execute upon the personal property of the judgment debtor as provided herein.

(B) Levy Upon and Sale of Judgment Debtor’s Property. The Tribal Police shall forthwith attempt to locate all personal property of the judgment debtor within the jurisdiction of the District Court and seize the same and transport it to a safe, convenient place. The Tribal Police shall then, as soon as may reasonably be done, make arrangements to sell such property at a public auction conducted by the Tribal Police.

(C) Notice of Sale. Sale of the seized property shall be conducted after the Tribal Police have given at least ten (10) days public notice posted in three conspicuous public places on the Reservation together with a notice of sale published in a local newspaper of general circulation at least seven (7) days prior to the date fixed for the sale.

(D) Sale to Highest Bidder; Postponement. The property shall be sold to the highest bidder for cash at the time of the sale. The person conducting the auction may postpone such in his discretion if there is an inadequate response to the auction or the bidding and may reschedule such upon giving the required notice.

(E) Return of Sale. The person conducting the sale shall make a return of sale to the District Court including an inventory of the items taken into possession, the amounts received therefor, the persons who bought the same, and shall deposit the proceeds thereof with the District Court for distribution to the judgment creditor to be credited against the judgment.

(F) Levy Upon Property Which Cannot be Moved. The Tribal Police may also levy and execute upon items of personal property which cannot be conveniently moved such as bank accounts, accounts receivable, wages and other such items. The levy and execution shall be made by serving upon the holder of such item of personal property a copy of the order of the District Court. Upon receipt of such order of the District Court, the person in whose possession the property then is shall execute whatever legal instruments are necessary to transfer the property to the Tribal Police for either public auction sale or crediting on the judgment if the property is cash or its equivalent.

(G) Examination of Judgment Debtor. If sufficient property is not found by the Tribal Police in order to sell and satisfy the judgment, upon application of the judgment creditor. The Tribal Police shall order the judgment debtor to appear in Tribal Court and answer questions under oath regarding all of his personal property. The District Court shall then determine what property of the judgment debtor is available for execution and order the Tribal Police to take appropriate measures to convert the property to cash and apply the same to the judgment. Failure of the judgment debtor to appear or fully answer questions shall be deemed contempt of District Court.

(H) Satisfaction of Judgment. A judgment may be satisfied in whole or in part whenever the owner thereof or his attorney shall execute under oath and file an acknowledgement of satisfaction specifying the amounts paid and whether such is in full or partial satisfaction. A Judge may order the entry of satisfaction upon proof of payment and failure of the judgment creditor to file a satisfaction.

(Amended by PBP TC No. 92-61, November 18, 1992)

4-10-12 Stay of Proceedings.

No execution shall be issued on a judgment or proceeding until the expiration of ten (10) days after its entry. The provisions in this Section do not limit any power of the Court of Appeals or a judge to stay proceedings during the pendency of an appeal or to suspend modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve or the effectiveness of the judgment subsequently to be entered.

4-10-13 Garnishment.

(A) Issuance of Writ. The District Court may issue a writ of garnishment for the benefit of a judgment creditor who has a judgment wholly and partially unsatisfied. Prejudgment writs of garnishment may also be issued by the District Court at the time of commencement of an action or at any time afterward, subject to the requirements of Section 4-10-14.

(B) Application for Writ. The judgment creditor as the plaintiff or someone in the judgment creditor’s behalf shall apply for a writ of garnishment by affidavit, stating the following facts:

(1) the plaintiff has a judgment wholly or partially unsatisfied in the District Court;

(2) the amount alleged to be due under that judgment;

(3) the plaintiff has reason to believe, and does believe that the garnishee, stating the garnishee’s name and residence or place of business, is indebted to the defendant in amounts exceeding those exempted from garnishment under tribal law, or that the garnishee has possession or control of personal property or effects belonging to the defendant which are not exempted from garnishment by tribal law; and

(4) whether or not the garnishee is the employer of the judgment debtor.

(C) Issuance of Writ. When application for writ of garnishment is made by a judgment creditor and the requirements of Subsection 4-10-13(B) have been complied with, the District Court shall docket the case in the names of the judgment creditor as plaintiff, the judgment debtor as defendant, and the garnishee as garnishee defendant, and shall immediately issue and deliver a writ of garnishment to the judgment creditor, directed to the garnishee, commanding the garnishee to answer the writ within twenty days after service of the writ upon the garnishee.

(D) Amount Garnishee Required to Hold. The writ of garnishment shall set forth in the first paragraph the amount that the garnishee is required to hold, which shall be an amount determined as follows:

(1) If after judgment, the amount of the judgment remaining unsatisfied plus interest to the date of garnishment, plus taxable costs and attorney’s fees, or

(2) if before judgment, the amount paid for in the complaint plus estimated taxable costs of suit and attorney’s fees.

(E) Contents of Writ. In addition to the requirements of Subsection 4-10-13(D), the writ of garnishment shall:

(1) inform the defendant that the plaintiff has applied for a writ of garnishment against him,

(2) command the garnishee not to pay any debt owed to the defendant at the time the writ is served,

(3) command the garnishee to answer the writ within twenty days (20) of having been served the writ, and

(4) inform the garnishee that failure to answer will result in judgment being entered for the full amount of the plaintiff’s claim against the defendant with interest.

The writ shall also inform the garnishee that the defendant is entitled to receive amounts that are exempt from garnishment under Section 4-10-16.

(F) Service of the Writ. Service of the writ of garnishment shall be by certified mail, return receipt requested, addressed in the same manner as a summons in a civil action, and shall be binding on the garnishee on the day set forth in the return receipt. In the alternative, the writ shall be served by the Tribal Police or by any person qualified to serve process in the same manner as a summons in a civil action is served.

(G) Mailing of Writ and Judgment or Affidavit to Debtor. When the writ is issued under judgment, on or before the date of service of the writ on the garnishee, the judgment creditor shall mail or cause to be mailed to the judgment debtor, by certified mail, addressed to the last known office address of the judgment debtor, a copy of the writ and copy of the judgment or a copy of the judgment creditor’s affidavit submitted in application for the writ.

(H) Answer of Garnishee. The answer of the garnishee shall be signed by the garnishee or attorney or agent of the garnishee, and the original delivered either in person or via mail to District Court. The answer shall include the following:

(1) the amount due and owing from the garnishee to the defendant with an explanation of the dollar amount stated;

(2) if the amount due and owing from the garnishee to the defendant is for personal earnings, the amount of property which is exempt under Section 1016 which amount shall equal three-fourths (3/4) of the net wages earned per week by the defendant or an amount equivalent to forty (40) times the federal minimum hourly wages per week, whichever is greater.

(3) the total amount due and owing from the garnishee to the defendant minus the exemption amount; and

(4) a list of all the personal property or effects of the defendant in the garnishee’s possession or control when the writ was issued.

(I) Default Judgment. If the garnishee fails to answer the writ within the time proscribed, it shall be lawful for the District Court to render judgment by default against such garnishee, in accordance with the rules pertaining to default judgments, for the full amount claimed by the plaintiff against the defendant with all accruing interest.

(J) Judgment Against Garnishee. If it appears from the answer of the garnishee that the garnishee was indebted to the defendant in any amount, not exempt by tribal law, when the writ of garnishment was served, the District Court shall render judgment for the plaintiff and against such garnishee for the amount so admitted, unless such amount exceeds the amount of the plaintiff’s claim with interest, in which case it shall be for the amount of such claim with interest and fees.

(K) Execution on the Judgment. Execution may be issued on the judgment against the garnishee in the same manner as upon any other judgment of the District Court.

(L) Discharge of Garnishee. If it appears for the answer of the garnishee that the garnishee was not indebted to the defendant when the writ of garnishment was served, and that the garnishee did not have possession or control of any personal property of the defendant, the garnishee shall stand discharged without further action be the District Court.

(M) Decree Directing Garnishee to Deliver. If it appears from the garnishee’s answer that the garnishee has possession of any personal property or effects of the defendant liable to execution, the District Court shall render a decree requiring the garnishee to deliver up to the Tribal Police such personal property or effects or so much of them as may be necessary to satisfy the plaintiff’s claim. Such personal property shall be sold in accordance with the provisions of Section 4-10-11. Failure of garnishee to deliver property or effects under this Section shall expose the garnishee to a contempt citation and or imprisonment.

(N) Garnishee Protected Against Claims of Defendant. It shall be sufficient answer to any claim of the defendant against the garnishee founded on any indebtedness of the garnishee or on the possession or control by the garnishee of any personal property or effects, for the garnishee to show that such indebtedness was paid under the judgment of the District Court in accordance with this Section.

(O) Inapplicability to Tribe. Garnishment shall not lie against the Tribe, its political subdivisions or any tribal enterprise.

(Amended by PBP TC No. 92-63, November 18, 1992)

4-10-14 Prejudgment Garnishment.

(A) Prejudgment Writ of Garnishment. The plaintiff at the time of commencing an action, or at any time thereafter before judgment in an action, may obtain a prejudgment writ of garnishment from the District Court on the following grounds:

(1) If the writ is issued for a purpose other than garnishing a defendants earnings,

(a) on the grounds that an attachment has been issued in accordance with Section 4-10-15,

(b) on the grounds that the plaintiff sues on a debt that is due and owing and unpaid, or

(2) If the writ is directed to an employer for the purpose of garnishing earnings of a defendant, on the grounds that the defendant:

(a) is not a resident of the Reservation,

(b) has concealed himself so that ordinary process of law cannot be served on him, or

(c) has removed or is about to remove any of his property from the Reservation, with the intent to delay or defraud his creditors.

(B) Application for Prejudgment Writ of Garnishment. The plaintiff shall apply for a prejudgment writ of garnishment by affidavit, alleging that the garnishment is not sought and the action is not prosecuted to hinder, delay, or defraud any creditor of the defendant and also alleging that the affiant has reason to believe and does believe the following, together with specific facts on which the affiant’s belief in the allegations is based:

(1) that the defendant is indebted to the plaintiff (specifying the nature of the claim and the amount of such indebtedness);

(2) that one or more of the grounds for prejudgment garnishment established in Subsection 4-10-14(A) exists;

(3) that the plaintiff has reason to believe and does believe that the garnishee, stating the garnishee’s name and residence or place of business, is indebted to the defendant in amounts exceeding those exempted from garnishment under tribal law, or that the garnishee has possession or control of personal property or effects belonging to the defendant which are not exempted from garnishment under tribal law;

(4) whether the garnishee is the employer of the judgment debtor; and

(5) if the action is based on a debt not due, that nothing but time is wanting to fix an absolute indebtedness due from the defendant.

(C) Garnishment Bond. Before the writ of garnishment shall issue, the plaintiff, or someone on the plaintiff’s behalf, shall file with the District Court a cash bond in the sum of one hundred dollars ($100.00) or such lesser amount as is set by the District Court; provided, that in any action filed by the Tribe and in which the Tribe seeks a writ of garnishment, it shall not be necessary for the Tribe to file a bond.

(D) Issuance of the Writ. When application is made for a prejudgment writ of garnishment, the District Court shall issue the writ in substantially the form prescribed in Subsection 4-10-13(D) and 4-10-13(E), but such writ shall only issue after an ex parte hearing at which the plaintiff shall establish the probable validity of the plaintiff’s claim and that there is probable cause to believe that the alleged ground for garnishment exists.

(E) Application of Section 4-10-13 to Prejudgment Garnishment. Except as otherwise provided, the provisions of Section 4-10-13 concerning garnishments apply to prejudgment garnishments.

(F) Action on Bond for Wrongful Garnishment. In an action on the bond, if it is shown that the garnishment was wrongfully sued out, the defendant may recover the actual damages sustained and reasonable attorney’s fees to be fixed by the District Court.

(G) Action Against Plaintiff for Wrongful Garnishment. In any action in which a prejudgment writ of garnishment has been issued by the District Court and served upon the garnishee, in the event judgment is not entered for the plaintiff on the claim sued upon by the plaintiff, and the claim has not been voluntarily settled or otherwise satisfied, the defendant shall have an action for damages against the plaintiff; provided, that this Section shall not constitute a waiver of sovereign immunity of the Tribe, its officers, employees, agents, or political subdivisions.

(H) Inapplicability to Tribe. Garnishment shall not lie against the Tribe, its political subdivisions or any tribal enterprise.

4-10-15 Attachment.

(A) Time for Granting. A plaintiff at the time of commencing an action in the District Court, or at any time afterward before judgment, may have the property of the defendant attached in the manner prescribed in this Section, as security for the satisfaction of such judgment as the plaintiff may recover.

(B) Grounds for Issuance. A writ of attachment may be issued by the District Court on one or more of the following grounds:

(1) That the defendant is a foreign corporation or is a nonresident of the Reservation; or

(2) That the defendant conceals himself so that the ordinary process of law cannot be served upon him; or

(3) That the defendant has absconded himself from his usual place of abode, so that the ordinary process of law cannot be served upon him; or

(4) That the defendant has removed or is about to remove any property from the Reservation, with the intent to delay or defraud his creditors; or

(5) That the defendant has assigned, secreted, or disposed of or is about to assign, secrete, or dispose of, any of his property, with the intent to delay or defraud his creditors; or

(6) That the defendant is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors; or

(7) That the damages for which the action is brought are from injuries arising from the commission of a crime; or

(8) That the object for which the action is brought is to recover on a contract, express or implied.

(C) Application of a Writ of Attachment. The plaintiff shall apply for a writ of attachment from the District Court by affidavit, alleging that the attachment is not sought and the action is not prosecuted to hinder, delay or defraud any creditor of the defendant and also alleging that the affiant has reason to believe and does believe the following, together with specific facts on which affiant’s belief in the allegations is based:

(1) That the defendant is indebted to the plaintiff, and

(2) That one or more of the grounds stated in Subsection 4-10-15(B) of this Section for writ of attachment exists.

(D) Issuance of Writ of Attachment and Notice. The District Court shall issue a writ of attachment only after an ex parte hearing, at which the plaintiff shall establish the probable validity of the claim sued on and that there is probable cause to believe that the alleged ground for attachment exists.

(E) Notice of Attachment. Notice shall be served in the same manner as a summons in a civil action and shall be served with a copy of the plaintiff’s affidavit. The notice shall inform the defendant that a writ of attachment has issued and that the defendant has the right to a hearing on the matter.

(F) Attachment Bond. Before the writ of attachment shall issue, the plaintiff, or someone on the plaintiff’s behalf, shall file with the District Court a cash bond in the sum of one hundred dollars ($100.00) or such lesser amount as is set by the District Court; provided, that in any action filed by the Tribe and in which the Tribe seeks a writ of attachment, is shall not be necessary for the Tribe to file a bond.

(G) Levy of Attachment. The writ of attachment shall be directed to the Tribal Police and shall require the Tribal Police to attach and safely keep the property of such defendant, to the requisite amount, which shall be stated in conformity with the affidavit. The Tribal Police shall levy on the property in the same manner as provided for in Section 4-10-11.

(H) Appointment of Receiver. The District Court may, at any time, appoint a receiver to take possession of property attached under the provisions of this Title and to collect, manage, and control the property and pay over the proceeds according to the nature of the property and the exigency of the case.

(I) Sale of Property before Judgment. If any property attached be perishable or in danger of serious of immediate waste, the Tribal Police shall sell the same in the manner proscribed in Section 4-10-11. All monies received by the Tribal Police under this Subsection shall be paid to the clerk of the District Court to be held to be applied to any judgment that may be recovered in the action.

(J) Subjection of Property to Judgment. If judgment is recovered by plaintiff, it shall be paid out of any proceeds held by the District Court and out of the property retained by the Tribal Police. The Tribal Police shall, in accordance with the provisions of Section 4-10-11, sell so much of the personal or real property as may be necessary to satisfy the balance. Whenever the judgment has been paid, the Tribal Police, upon reasonable demand, shall deliver to the defendant any remaining proceeds of the property attached as is necessary to satisfy the judgment.

(K) Procedure When Judgment for Defendant. If the defendant recovers judgment, all the proceeds of the sales and the monies collected by the Tribal Police and deposited with the District Court together with all attached property shall be delivered to the defendant.

(L) Action on Bond for Wrongful Attachment. In an action on the bond, if it is shown that the attachment was wrongfully sued out, the defendant may recover the actual damages sustained and reasonable attorney’s fees to be fixed by the District Court; provided, that this Section shall not constitute a waiver of sovereign immunity of the Tribe, its officers, employees, agents, or political subdivisions.

(Amended by PBP TC No. 92-64, November 18, 1992)

4-10-16 Exempt Property.

The following property shall be exempt, from garnishment, attachment, execution, sale, and other process for the payment of principal and interest, costs, and attorney fees upon any judgment of the Tribal Court or other court of competent jurisdiction:

(A) Three-fourths (3/4) of the net wages earned per week by the person or an amount equivalent to forty (40) times the federal minimum hourly wages per week, whichever is greater, except as may be specifically provided by law for child support payments.

(B) One means of conveyance of fair market value not exceeding twenty-thousand dollars ($20,000.00), except that this value limitation shall not apply when the means of conveyance is a vehicle designed or equipped for handicapped person.

(C) Tools, equipment, utensils, or books necessary to the conduct of the person’s business but not including stock or inventory.

(D) Actual trust or restricted title to any lands held in trust by the United States, or subject to restrictions against alienation imposed by the United States but not including leasehold and other possessory interests in such property.

(E) Homestead; Any dwelling used as the actual residence of the judgment debtor, including up the eighty (80) acres of land upon which such dwelling is located.

(F) Household goods, furniture, wearing apparel, personal effects, but not including recreational or luxury items.

(G) All ceremonial or religious items.

(H) Any pension, annuity, retirement, disability, death other benefit exempt from process.

(I) Any public assistance benefit.

(J) Any unemployment benefit.

(K) Any crime victims compensation award.

(L) Any interest in any policy of insurance or beneficiary certificates upon a person’s life.

(M) Any fraternal benefit society benefit, charity, relief or aid.

(N) Any burial plot or cemetery plot or any funds held in a cemetery merchandise trust.

(O) Any funds held in an account or trust established pursuant to a prearranged funeral agreement, plan or contract.

(Amended by PBP TC No. 2010-151, July 20, 2010, amended by PBP TC No. 2013-142, July 15, 2013)

4-10-17 Taxable Costs.

The Court by rule may set the fees and costs of any service performed by the Court Clerk on behalf of the parties when such fees and costs are not provided for by tribal statute. Such fees and costs shall be maintained at a minimum level. Costs include, but not limited to, fees required for the filing of any paper in an action, expense for service of process, costs of transcripts, service of papers and mileage, costs of publication of any notice required to be published, printing of briefs or other documents required by the Court to be printed, and any other items made recoverable as costs by court rule. The prevailing party shall be allowed a reasonable attorney fee to be set by the Court, to be taxed and collected as costs.

4-10-18 Awarding Costs.

The Clerk of the Court shall tax the costs in each case, and insert the same in their respective judgments, subject to re-taxation by the Court, costs shall be allowed as a matter of course to the prevailing party. In actions for the recovery of money or for specific real or personal property, unless the Court otherwise directs, however, costs against the Tribe shall be imposed only to the extent specifically permitted by tribal law.

4-10-19 Foreign Judgments.

Recognition, implementation and enforcement of orders, judgments and/or decrees from courts other than the District Court of the Prairie Band Potawatomi Nation, hereinafter the "District Court", shall be allowed in accordance with this Code if it has been registered with the district court by filing a certified copy of the order, judgment and/or decree with the District Court clerk, paying any necessary filing fee and obtaining service on the judgment debtor in accordance with the provisions of this Code.

4-10-20 Definitions. As used in this section:

Foreign Judgment means any judgment, decree or order by any other tribal court, any court of the United States or any other court which is entitled to full faith and credit in the Prairie Band Potawatomi Nation.

4-10-21 Full Faith and Credit.

The District Court shall grant full faith and credit to judgments, decrees or orders from other courts, provided that all four of these conditions are met:

(A) The other court provides reciprocal full faith and credit to the judgments, decrees or orders of the District Court.

(B) The party seeking full faith and credit complies with the conditions and procedures set forth in section 4-10-23.

(D) The judgment, decree or order was not reached through procedures deemed by the District Court to be fundamentally unfair.

(Amended by PBP TC No. 2008-077, March 19, 2008)

4-10-22 Filing and Status of Foreign Judgment.

The clerk of the District Court shall treat the foreign judgment in the same manner as a judgment of the District Court. A judgment filed pursuant to Section 4-10-23 has the same effect and is subject to the same procedures, defenses, and proceedings as a judgment of the District Court, and may be enforced or satisfied in like manner.

4-10-23 Filing a Foreign Judgment. Enforcement.

(A) Any party seeking to have a foreign judgment recognized and enforced in the District Court, may do so by filing:

(1) A certified copy of the foreign judgment; and

(2) A sworn affidavit by the judgment creditor or lawyer, if any, which includes the following:

(a) The name and last known post office address of the judgment debtor and the judgment creditor;

(b) The name of the court in which the judgment was obtained;

(d) The name and address of the judgment debtor’s place of employment.

(B) The District Court shall not act upon any foreign judgment until the expiration of 20 days from the filing of the items required by Section 4-10-23 (A). A party may file an objection to the recognition and enforcement of a foreign judgment within 20 days from the filing of the items required by Section 4-10-23 (A).

4-10-24 Notice of Filing.

Upon the filing of the petition for foreign judgment, recognition or enforcement, the clerk of the District Court shall promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make note of the mailing in the docket and/or complete a proof of mailing. The notice to the judgment debtor shall include the name and post office address of the judgment creditor and judgment creditor’s lawyer, if any, in this Court. In addition, the judgment creditor shall mail a notice of the filing along with a copy of the foreign judgment and affidavit and shall file proof of mailing with the clerk of the District Court. Such notice shall be served on the judgment debtor in a manner consistent with the proof of service provision set forth in this Code. The District Court shall not act on any foreign judgment for a period of 20 days from the filing thereof, and no action to enforce such judgment shall be taken until proof of service has been filed with the District Court.

4-10-25 Stay of Enforcement.

If the judgment debtor satisfies the District Court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the District Court may stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires is vacated., upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

4-10-26 Filing Fees.

Any person filing a foreign judgment shall pay the court clerk a docket fee. Any additional fees or charges not specifically covered by the docket fee shall be assessed as additional court costs in the same manner and to the same extent as if the action had been originally commenced in the court where the foreign judgment is filed.

(Amended by PBP TC No. 2008-067, March 6, 2008)

4-10-27 Comparative Negligence.

(A) Effect of Contributory Negligence. The contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party’s negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party. If a party claims damages for a decedent’s wrongful death, the negligence of the decedent, if any, must be imputed to that party.

(B) Special Verdicts or Findings Required. When the comparative negligence of the parties is an issue, the jury must return special verdicts, or in the absence of a jury, the court must make special findings, determining the percentage of negligence attributable to each party and the total amount of damages sustained by each claimant. The court must determine the appropriate judgment.

(C) Joining Additional Parties. On motion of any party against whom a claim is asserted for negligence resulting in death, personal injury, property damage or economic loss, any other person whose causal negligence is claimed to have contributed to the death, personal injury, property damage or economic loss, must be joined as an additional party.

(D) Apportioning Liability. When the comparative negligence of the parties is an issue and recovery is permitted against more than one (1) party, each party is liable for that portion of the total dollar amount awarded as damages to a claimant in the proportion that the amount of that party’s causal negligence bears to the amount of the causal negligence attributed to all parties against whom recovery is permitted.

(E) Applicability. This section is applicable to actions under this title.

(Enacted by PBP TC No. 2020-156, May 20, 2020)