Chapter 5-2 TRIBAL COURT APPEALS

CHAPTER 5-2
TRIBAL COURT APPEALS

5-2-1 Appeal How Taken.

(A) An appeal permitted by the laws of the Tribe as of right shall be taken by filing a notice of appeal with the clerk within the time allowed by Section 5-2-2, or by the statute applicable in the specific case. Failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal.

(B) The notice of appeal shall specify the parties to the appeal; shall designate the judgment appealed from; the docket number from which the appeal is taken; and a short statement of the reason or grounds for the appeal. An appeal shall not be dismissed for informality of form or title of the notice of appeal.

(C) The clerk shall serve notice of an appeal by mailing a copy of the notice to the party. Failure of the clerk to serve notice shall not affect the validity of the appeal.

(D) The appellant shall pay to the clerk, for deposit in the Court fund, the filing fee, except that payment of a filing fee shall not be required for an appeal by the Tribe, its officers, or agents when acting in their official capacity.

5-2-2 Appeal as of Right-When Taken.

In a civil case in which an appeal is permitted by law as of right, the notice of appeal required by Section 5-2-1 shall be filed within the following time:

(A) Thirty (30) days from an order, decree, or judgment concerning juveniles except when that order, decree, or judgment which terminates parental rights.

(B) Ninety (90) days from an order, decree, or judgment which terminates parental rights of a juvenile.

(C) Twenty (20) days from a final order, commitment, judgment or other appealable order in any civil case not otherwise provided for.

5-2-3 Appeal as of Right.

A person may appeal to the Court of Appeals by right any order made appealable by law, and the following judgment or orders of the District Court concerning:

(A) a new trial.

(B) an attachment.

(D) the party’s substantial rights of the parties.

(E) probate matters.

The party aggrieved may appeal the order to the Court of Appeals without the final determination of the action, by filing the notice of appeal with the District Court clerk within twenty (20) days after the order is issued.

5-2-4 The Record on Appeal.

The original papers and exhibits filed in the Tribal Court, the transcript or tape recording of the proceedings, if any, and a certified copy of the docket entries prepared by the clerk of the District Court shall constitute the record on appeal in all cases. If no record of proceedings was made, or if a transcript is unavailable, the appellant may prepare a statement of the proceedings from the best available means, including his recollection.

5-2-5 Correction or Modification of the Record.

If any difference arises as to whether the record truly discloses what occurred in the Tribal Court, the difference shall be submitted to and settled by the Judge of that Court and the record made to conform to the truth. If anything material is omitted from the record it must be corrected.

5-2-6 Transmission of Record.

The record on appeal shall be filed, prepared, certified and delivered to the Court of Appeals within fifteen (15) working days after the Notice of Appeal has been served.

5-2-7 Docket the Appeal.

All appeals shall be entered into the docket after the transmission of the record. However, in juvenile matters, the docket books shall contain the correct names of the parties, all opinions or other papers of the Court which may become public information shall contain only initials or other similar designations and not the names of the parties.

5-2-8 Civil Procedures Apply.

The Court of Appeals shall be governed by the Civil Procedures Act in areas of:

(A) Service of papers,

(B) Computation of time excepting the Court of Appeal shall not enlarge the time for Notice of Appeal, and