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Law and Order Code of the Fort McDermitt Paiute and Shoshone Tribe, Nevada

Code last amended: 2008



Chapter 23. Service of Foreign Court Summons, Etc.


Resolution


[Digitizer's Note: Given the wording of the resolution below, this may be a partial copy of Chapter 23.]


Legislative
History.

This chapter of the Law & Order Code was enacted by the Tribal Council on February 25, 1989. It is to be effective JULY 1, 1989.


Sec. 1. Procedure for Recognition.

Before the service of any state or tribal Court summons, subpoena, or other moving or responding document in a court other than the Fort McDermitt Tribal Court, except any Federal court, shall be deemed effective service of process, such summons, subpoena, etc., shall be approved for service by a judge of the Fort McDermitt Tribal Court. Failure to have such document or documents approved in the manner set forth shall render such service of process ineffective.


Sec 2. Procedure for service of legal documents within the borders of the Fort McDermitt Paiute-Shoshone Reservation.

A. That all document proposed for service that have been issued by a court in any jurisdiction other than the Fort McDermitt Paiute-Shoshone Tribe must first be delivered to the Clerk of the Court for review;

B. That the document must state that the person upon whom service is requested is located within the exterior boundaries of the Fort McDermitt Paiute-Shoshone Reservation and must state the name and address of that person;

C. That the Clerk shall present the document to the Chief Judge of the Fort McDermitt Paiute-Shoshone Tribal Council who shall either authorize or deny service of the document within the Fort McDermitt Paiute-Shoshone Reservation;

D. That any document that is not approved for service by the Chief Judge as evidenced by an official stamp of the Fort McDermitt Paiute-Shoshone Tribal Court on the face of the document shall not be served within the exterior boundaries of the Fort McDermitt Paiute-Shoshone Reservation;

E. That if a document is approved for service, only law enforcement officers who are assigned to the Fort McDermitt Paiute-Shoshone Tribe shall be authorized to serve such documents;

F. That any service of process that does not meet the requirements of this ordinance shall be defective services.


Sec 3. Severability.

Should any section of this chapter be disapproved by the Secretary of the Interior, in accordance with the Constitution, or be found unconstitutional or in violation of tribal or federal law by any court of competent jurisdiction, such declaration shall not effect the remaining terms or sentences of any section or the remaining sections of the chapter.



Fort McDermitt Paiute-Shoshone Tribe of Oregon and Nevada

111 North Reservation Road. P.O. Box, 457 McDermitt, Nevada 89421
Phone (702) 532-8259 Fax: (702) 532-8913


RESOLUTION NO. FM00-005-032

CONCERNING: Amendment Chapter 23 of the Tribal Law and Order Code


RESOLUTION OF THE GOVERNING BODY OF THE FORT MCDERMITT PAIUTE-SHOSHONE TRIBE

OF OREGON AND NEVADA


WHEREAS,
the Fort McDermitt Paiute-Shoshone Tribe of Oregon and Nevada is organized in accordance with Section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984) as amended; and,

WHEREAS, the governing body of the Fort McDermitt Paiute-Shoshone Tribe is the Tribal Council as set forth in the Constitution; and,

WHEREAS, the Tribal Council has enumerated powers under Article VI, Section 1. (f) to promulgate and enforce ordinances which shall be subject to review by the Secretary of the Interior, governing the conduct of members of the Fort McDermitt Paiute-Shoshone Tribe; and,

WHEREAS, the Tribal Council and Tribal Court see a need to amend Chapter 23 of the Tribal Law and Order Code to include a step-by-step procedure on how legal documents shall be served on the Fort McDermitt Reservation; and,

NOW THEREFORE BE IT RESOLVED, that the Fort McDermitt Tribal Council hereby amends the Fort McDermitt Law and Order Code, Chapter 23 and creates additional procedures on how legal documents are to be served on the Fort McDermitt Reservation that are issued from outside jurisdictions; and,

BE IT FURTHER RESOLVED, that all other provisions of Chapter 23 shall remain the same and shall not be affected by this amendment; and,

BE IT FINALLY RESOLVED, that the attached amendment to the Law and Order Code shall become effective upon approval from the Secretary of the Interior or his designee.

CERTIFICATION

It is hereby certified that the foregoing Resolution No. FM00-005-032 of the Ft. McDermitt Paiute-Shoshone Tribal Council of the Ft. McDermitt Paiute-Shoshone Tribe, composed of eight (8) members of whom SIX (6) constituting a quorum were present at a meeting duly held on the 2nd day of May, 2000, was adopted by the affirmative vote of FIVE (5) FOR, ZERO (0) AGAINST, ZERO (0) ABSTAINING, pursuant to the authority contained in the Constitution and Bylaws of the Ft. McDermitt Paiute-Shoshone Tribe.

____________/s/___________________ October 16, 1998 Marcella Abel, Tribal Secretary
Ft. McDermitt Tribal Council
Ft. McDermitt Paiute-Shoshone Tribe Approval Date:


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