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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 2. Rules of Procedure

Part II. Beginning an Action

Rule 3. Complaints or Petitions

Rule 4. Filing Fees

Rule 5. Service of Process

Rule 6. Answer

Rule 7. Defenses and Counterclaims

 

LLOjibwe JCT2 ROP Rule 3
Rule 3. Complaints or Petitions

An action begins by filing a written Complaint [FN1] with the Court Administrator. The Complaint shall contain short, plain statements of the grounds therefore; the facts and circumstances giving rise to the action, and a demand for any and all relief the party wants awarded. Relief should include, but is not limited to the dollar amount that the party is requesting. The Complaint must contain the full names, addresses and telephone numbers of all parties and any counsel and shall be signed by the filing party and his/her counsel, if any. The Court shall have jurisdiction from the time the Complaint is filed.

Adopted November 21, 2000.

[FN1] The use of the term “complaint” in these rules shall also refer to the term “petition” where an action is commenced by petition rather than complaint.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 3, LLOjibwe JCT2 ROP Rule 3



LLOjibwe JCT2 ROP Rule 4
Rule 4. Filing Fees

A. Fee

The filing fee for a Complaint in the Tribal Court shall be twenty-five dollars ($25). The fee shall be waived for petitions filed by the Band. The fee may be waived at the Court's discretion, for parties who are unable to pay the fee.

B. Fee Waiver

Persons asking to file their complaint without paying the fee shall file an affidavit stating that they are a complaining party and are requesting an order to proceed without paying the filing fee, the kind and amount of income to their household, household expenses, whether they are represented by a civil legal services program, and any other supporting information which will help the judge understand their situation. A copy of the affidavit shall be attached to the complaint.

C. Other Costs Waived.

A person authorized to file their petition without paying a filing fee shall also be entitled to have other costs and expenses deferred until the time of settlement or judgment of the action.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 4, LLOjibwe JCT2 ROP Rule 4




LLOjibwe JCT2 ROP Rule 5
Rule 5. Service of Process

A. Introduction.

Service of process is the manner in which parties are informed of the complaint and of the opportunity to answer. Personal service is preferred, however, service at the person's home or usual place of business or employment is a second option. Other methods may be employed when, in the Court's discretion, they are the most likely to result in actual notification of parties.

B. Summons.

The summons is the official notice to the party informing him/her that he/she is identified as a party to an action or is being sued, that an answer is due in twenty (20) calendar days and that a default judgment may be entered against him/her/them if an answer is not filed in the limited time. It shall also include the name and location of the Court, the case number, if known, and the names of the parties. The summons shall be issued by the Court Administrator and shall be served with a copy of the filed complaint attached. The summons may also be issued and signed by a professional attorney licensed to practice before the Tribal Court.

C. Methods of Service of Process.

(1) Personal Service. The required papers are delivered to the party in person by a law enforcement officer of the Band or any other person not a party to the action who is eighteen (18) years of age or older. Personal service is required for the initiation of actions in the following:

--Relief requested is over $5,000.00, excluding the enforcement of foreign child support orders; or

--Children's custody and/or placement are the subject matter of the proceedings.

A filer who exercises due diligence in pursuing personal service of process and is unsuccessful, upon order of the Court for good cause shown, may be permitted to serve a party by any other means provided in Sections (2) through (5).

(2) Service upon a Business, Corporation or Entity. Service may be made upon an agent of a business, corporation, governmental agency, or other entity by delivering the papers to the offices of the entity and handing them to an employee or agent thereof.

(3) Service upon an Individual. The required papers are delivered in person to the party's home or usual and current place of business or employment to someone of suitable age and discretion over sixteen (16) years of age.

(4) Service by Mail. Service of process may be accomplished by sending the required papers to a party by registered mail with return receipt requested, except in the instances of Rule 5.C.(1) as stated above.

(5) Service by Publication. Upon order of the Court for good cause shown, service of process may be accomplished by publishing the contents of the summons in Di-Bajamon or a newspaper of general circulation in a district of the Reservation where the party is most likely to be made aware of the summons. Publication must be in two consecutive issues of the Di-Bajamon or in a paper of general circulation, at least, once per week for three consecutive weeks. Proof of publication must be provided to the Court Administrator. Proof of publication requires a signed certificate from the editor and/or publisher of the Di-Bajamon or the general circulation newspaper.

(6) Service outside the Leech Lake Reservation. Service of process may be made on a party by any means permitted in Sections (1) through (4).

(7) Proof of Service. Proof of service shall be endorsed with the name of the person serving and the date, time and place of service. It shall state the manner in which service was made and shall be filed with the Court Administrator.

D. Effect of Incomplete or Improper Service.

Incomplete or improper service results In a lack of jurisdiction over the person incompletely or improperly served. If a person refuses to accept offered papers, service shall be deemed properly performed if the person is informed of the purpose of the service and offered copies of the papers served. If a person intentionally avoids service, the Court may also consider service as properly performed. Upon order of the Court for good cause shown, if the filer exercises due diligence in unsuccessfully pursuing service of process, whether personal or otherwise, a Default Judgment may be entered in accordance with Rule 47.

E. Emergency Service.

This rule provides for service in cases of emergency where the Court may conduct a hearing which provides less than forty-eight (48) hours notice. The parties shall be notified either by telephone with written confirmation of the call filed in the record indicating who made the call, the name of the person to whom the notice was directed, the telephone number called and the date and time the call was placed. Notice can also be given by fax with a confirmation call to the party confirming receipt of the fax and documentation of the telephone call as provided in the preceding sentence of this subsection.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 5, LLOjibwe JCT2 ROP Rule 5




LLOjibwe JCT2 ROP Rule 6
Rule 6. Answer

A party against whom a complaint has been made shall have twenty (20) calendar days from the date of service to file an answer with the Court Administrator. The answer shall use short and plain statements to admit, admit in part, or deny each statement in the complaint, assert any and all claims against other parties arising from the same facts or circumstances as the complaint and state any defenses to the complaint. The answer must be signed by the party and his or her counsel and contain their full names, addresses, and telephone numbers. An answer shall be served on other parties and may be served by mail. Proof of service of the answer by mail or otherwise shall be filed with the Court Administrator.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 6, LLOjibwe JCT2 ROP Rule 6




LLOjibwe JCT2 ROP Rule 7
Rule 7. Defenses and Counterclaims

A defense which alleges new facts excusing the conduct of the defendant must be affirmatively stated in the answer. Counterclaims arising from the same facts or circumstances as alleged in the complaint shall be raised in the answer. If a party fails to raise such counterclaims, he/she shall be forever barred from bringing them to the Court in a future action. Other claims against parties in the action may also be raised in the answer. A party may file a response to counterclaims raised in the answer, but is not required to do so.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 7, LLOjibwe JCT2 ROP Rule 7

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