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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 2. Rules of Procedure
Part IV. Parties to an Action

Rule 15. Naming Parties

Rule 16. Substituting, Intervening and Joining Parties

Rule 17. Death of a Party

Rule 18. Appointing Guardian Ad Litem

Rule 19. Joining, Consolidating, and Separating Claims

LLOjibwe JCT2 ROP Rule 15
Rule 15. Naming Parties

Every action shall be brought in the name of the real party in interest, however, a guardian, trustee or other person in a fiduciary position may sue in his/her own name without joining the party for whose benefit the action is maintained.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 15, LLOjibwe JCT2 ROP Rule 15



LLOjibwe JCT2 ROP Rule 16
Rule 16. Substituting, Intervening and Joining Parties

If a party becomes incompetent or transfers his/her interest or separates from some official capacity, another party may be substituted as justice requires. A party with an interest in an action may intervene and be treated in all respects as a named party to the action. To the greatest extent possible, all persons with an interest will be joined in an action if relief cannot be accorded among the current parties without that person, or the absent person's ability to protect their interests is impeded unless they are a party. Failure to join a party over whom the Court has no jurisdiction will not require dismissal of an action unless it would be impossible to reach a just result without the absent party. The Court will determine only the rights or liabilities of those who are a party to the action.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 16, LLOjibwe JCT2 ROP Rule 16




LLOjibwe JCT2 ROP Rule 17
Rule 17. Death of a Party

An action may continue following the death of a party with the rights and liabilities continuing in the deceased's successor in interest.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 17, LLOjibwe JCT2 ROP Rule 17




LLOjibwe JCT2 ROP Rule 18
Rule 18. Appointing Guardian Ad Litem

The Court may appoint a guardian ad litem to represent the interests of a minor or incompetent person who is a party in an action. The guardian ad litem is not a party to the action but is responsible for independently investigating and advising the Court on the best interests of the minor or incompetent person.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 18, LLOjibwe JCT2 ROP Rule 18




LLOjibwe JCT2 ROP Rule 19
Rule 19. Joining, Consolidating, and Separating Claims

A. Joinder of Claims.

Each complaining party in a case must join all claims arising from the same set of circumstances in one action. The complaining party may join all claims against one defendant in one action even if the claims arise from a different set of circumstances.

B. Consolidation of Claims.

The Court, on its own motion or upon motion of a party, may order a joint hearing or trial of any and all claims in an action and of multiple actions to avoid unnecessary costs or delay. The Court may also separate claims in an action for the convenience of the Court and to avoid prejudice or delay.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 19, LLOjibwe JCT2 ROP Rule 19

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