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Poarch Band of Creek Indians Tribal Code

[Includes amendments and additions dated through 2004]

§14 TRIBAL RULES OF APPELLATE PROCEDURE

§14-1-1 Appeals to Tribal Supreme Court

(a) All appeals from the Tribal Court, civil and criminal, shall be heard and decided by the Tribal Supreme Court.

 

§14-1-2 Civil

(a) Any party aggrieved by a final order, judgment or decree of the Tribal Court in any civil matter may appeal the same to the Tribal Supreme Court in accordance with these rules.

 

§14-1-3 Criminal

(a) Any defendant in any criminal case who is found guilty, sentenced and/or fined may appeal the finding of guilt, sentence, and/or fine to the Supreme Court in accordance with these rules.

 

§14-1-4 Notice of Appeal

(a) Notice of Appeal in all cases, criminal and civil, must be filed with the Tribal Court within fourteen (14) days from the date of the Order, Judgment, Decree, Fine or Sentence being appealed from. The Notice of Appeal shall contain the style and number of the case from the Tribal Court, all parties to the appeal, and a statement of facts containing the grounds or basis of the appeal.

 

§14-1-5 Parties

(a) The party appealing shall be known and referred to as the Appellant and all other parties to the appeal shall be known and referred to as Appellees.

 

§14-1-6 Stay Pending Appeal

(a) In any case in which an appeal is perfected pursuant to these rules the Appellant may petition the Tribal Supreme Court for a stay of the Tribal Court's order being appealed from.

(b) A stay shall be granted in all cases in which it is requested unless manifest injustice would result therefrom, but such stay may be conditioned upon the posting of a suitable bond. At the time of filing of Notice of Appeal, the Appellant shall file cash, a bond, or other security as determined by the Tribal Supreme Court sufficient to guarantee payment of the costs of appeal or presence of the defendant during appeal.

(c) If a stay of the Tribal Court is applied for and granted, the Tribal Supreme Court may further condition the stay upon the posting by the Appellant of sufficient security to guarantee performance of the Tribal Court's order or presence of the defendant in the event the judgment of the Tribal Court is affirmed.

 

§14-1-7 Trial Record and Briefs of Parties

(a) Within forty-five (45) days from the date of the filing of Notice of Appeal the Clerk of the Court shall file with the Tribal Supreme Court the record of the hearing from the Tribal Court. Cost of preparing the record shall be taxed to the losing party on appeal.

(b) Within fourteen (14) days from the date of filing of the record by Clerk of the Court the Appellant shall file with the Tribal Supreme Court all brief and memoranda which the Appellant wishes the court to consider.

(c) The Appellee shall respond with brief and memoranda by filing the same with the Tribal Supreme Court within fourteen (14) days from the date Appellee is served with a copy of Appellant's brief arid memoranda.

(d) Appellant shall then have fourteen (14) days in which to file a rebuttal brief and memoranda if desired.

(e) No further response shall be allowed by either party without leave of the Tribal Supreme Court.

 

§14-1-8 ORAL ARGUMENT

(a) The Tribal Supreme Court shall decide all cases upon the briefs, memoranda, plus the record of the Tribal Court without oral argument unless the court, upon motion of either party, determines that oral argument would be beneficial to the court in making a decision.

 

§14-1-9 Tribal Supreme Court Decisions

(a) No later than one hundred twenty (120) days from the date of filing Notice of Appeal the Tribal Supreme Court shall issue a written decision. The decision shall set out facts and law upon which the decision is made. The decision shall also affirm, reverse, modify, remand, or any combination of the above the decision of the Tribal Court. All decisions of the Tribal Supreme Court shall be bound yearly in the order in which decided.

 

§14-1-10 Clerk of the Court

(a) The Clerk of the Tribal Court shall also serve as the Clerk of the Tribal Supreme Court and the Clerk shall keep all records of the Supreme Court including decisions thereof and perform such other duties as the Chief Justice may direct.

 

§14-1-11 Rules and Regulations

(a) The Tribal Supreme Court is hereby granted the authority to promulgate such rules and regulations of court as it may deem necessary from time to time to insure the efficient operation of the judicial system so long as not inconsistent with these rules, or the Constitution of the Poarch Band of Creek Indians.

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