CHAPTER 5-5
JUDGMENT

5-5-1 Entry of Judgment.

The notation of a judgment in the docket constitutes entry of the judgment. The clerk shall prepare, sign and enter the judgment following receipt of the opinion of the Court unless the opinion directs settlement of the form of the judgment, in which event the clerk shall prepare, sign and enter the judgment following final settlement by the Court. If a judgment is rendered without an opinion, the clerk shall prepare, sign and enter the judgment following instruction from the Court. The clerk shall, on the date judgment is entered, mail to all parties a copy of the opinion, if any, or of the judgment if no opinion was written, and notice of the date of entry of the judgment.

5-5-2 Interest on Judgments.

Unless otherwise provided by law, if a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable from the date the judgment was entered in the District Court. If a judgment is modified or reversed with a direction that a judgment for money be entered in the District Court the mandate shall contain instructions with respect to allowance of interest.

5-5-3 Damages for Delay.

If the Court of Appeals shall determine that an appeal is frivolous, it may award just damages and single or double costs to the appellee.

5-5-4 To Whom Costs Allowed.

Except as otherwise provided by law, if an appeal is dismissed, costs shall be taxed against the appellant unless otherwise agreed by the parties or ordered by the Court; if a judgment is affirmed, costs shall be taxed against the appellant unless otherwise ordered; if a judgment is reversed, costs shall be taxed against the appellee unless otherwise ordered; if a judgment is affirmed or reversed in part, or is vacated, cost shall be allowed only as ordered by the Court.

5-5-5 Cost For or Against the Tribe.

If an award of cost against or for the Tribe is authorized by tribal statute, costs shall be awarded in accordance with the provisions of Section 5-5-4; otherwise, costs shall not be awarded against the Tribe or its agencies or officers in their official capacity.

5-5-6 Voluntary Dismissal.

(A)    Dismissal in the District Court. If an appeal has not been docketed, the appeal may be dismissed by the District Court upon the filing in that Court a stipulation for dismissal signed by all the parties, or upon motion and notice by the appellant.

(B)    Dismissal in the Court of Appeals. If the parties to an appeal or other proceeding shall sign and file with the clerk of the Court of Appeals an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the clerk shall enter the case dismissed, but no mandate or other process shall be issued without an order of the Court. An appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the Court.