Ponca Tribe of Nebraska Tribal Code
CHAPTER 8 GENERAL PROVISIONS SOVEREIGN IMMUNITY,
LIMITATIONS OF ACTIONS
Section 1-8-1. Adoption by Reference Not a Waiver of
Sovereign Power of the Ponca Tribe
Section 1-8-2. Sovereign Immunity
Section 1-8-3. Actions By or Against the Tribe or It’s
Officers or Employees
Section 1-8-4. Limitations in Civil Actions
Section 1-8-5. Recognition of Foreign Court
Section 1-8-6. Principles of Construction
Section 1-8-7. Definitions
The adoption of any law, code or other document by reference into this Code shall in no way constitute a waiver or cession of any sovereign power of the Ponca Tribe of Nebraska to the jurisdiction whose law or code is adopted or in any way diminish such sovereign power, but shall result in the law or code thus adopted becoming the law of the Ponca Tribe of Nebraska.
Ponca Tribe of Nebraska Code § 1-8-1, PTN Code § 1-8-1
Except as required by federal law, or the Constitution of the Ponca Tribe of Nebraska, or if specifically waived by a resolution or ordinance of the Tribal Council specifically referring to such, the Ponca Tribe of Nebraska shall be immune from suit in any civil action, and its officers and employees immune from suit for any liability arising from the performance of their official duties. The Tribe shall not be liable for damages arising from the conduct of any of its employees which is not within the scope of the officer or employee's official duties.
In no case, shall ARBITRATION language in a contract for goods or services constitute an express waiver of the sovereign immunity of the Ponca Tribe of Nebraska or its entities, officers and employees, unless expressly agreed to by the Tribal Council.
Ponca Tribe of Nebraska Code § 1-8-2, PTN Code § 1-8-2
In any action otherwise authorized by or against the Tribe or its officers or employees arising from the performance of their official duties, the following modifications to the rules and procedures set forth in this Code shall apply.
1. The periods of time specified for civil cases or appeals in which an answer, reply, or other pleading, or response of any kind shall be required, shall be double the period specified.
2. Neither the Tribe nor its officers or employees when involved in a civil action arising from the performance of their official duties shall be liable for the payment of the costs or expenses of the opposing party.
3. Neither the Tribe nor its officers or employees when involved in a civil action arising from the performance of their official duties shall be required to post security by bond or otherwise for any purpose.
Ponca Tribe of Nebraska Code § 1-8-3, PTN Code § 1-8-3
Unless otherwise specifically provided in this Code, the following limitations on the bringing of civil actions shall apply:
1. Any action against the Tribe or its officers or employees arising from the performance of their official duties must be commenced within one (1) year of the date the cause of action accrued.
2. Any action against the Tribe or its officers derivative of lease of tribal land must be commenced within six (6) years of the date the cause of action occurred.
3. Any action against the Tribe or its officers alleging intentional torts shall be commenced within one (1) year of the date the cause of action occurred.
4. Any other action against the Tribe or its officers must be commenced within two (2) years of the date the cause of action accrued, provided, however, that any cause of action that is based on fraud or mistake shall not be deemed to have accrued until the aggrieved party has discovered the facts constituting fraud or mistake.
5. Any other action must be commenced within three (3) years of the date the cause of action accrued, provided, however, that the cause of action based on fraud or misrepresentation shall not be deemed to have accrued until the aggrieved party has discovered the facts constituting the fraud or misrepresentation.
None of the above limitations of action shall be construed as a waiver of the Tribe's sovereign immunity.
Ponca Tribe of Nebraska Code § 1-8-4, PTN Code § 1-8-4 T
The Ponca Tribe of Nebraska shall recognize and give full faith and credit to valid foreign court judgments and orders; provided, however, that the foreign court shall give full faith and credit to Tribal Court orders; and provided further, that the foreign court judgment is not contrary to the public policy of the Ponca Tribe of Nebraska.
Ponca Tribe of Nebraska Code § 1-8-5, PTN Code § 1-8-5
The following principles of construction will apply to this Code unless a different construction is obviously intended:
1. Masculine words shall include the feminine, and singular words shall include the plural, and vice versa.
2. Words shall be given their plain meaning and technical words shall be given their usually understood meaning where no other meaning is specified.
3. Whenever a term is defined for a specific part of this Code, that definition shall apply to all parts of the Code unless a contrary meaning is clearly intended.
4. This Code shall be construed as a whole to give effect to all its parts in a logical and consistent manner.
5. If any provision of this Code or the application of any provision to any person or circumstance is held invalid, the remainder of this Code shall not be affected thereby and to this end the provisions of this Code are declared to be severable.
6. Any other issuances of construction shall be handled in accordance with generally-accepted principles of construction giving due regard for the underlying principles and purposes of this Code.
Ponca Tribe of Nebraska Code § 1-8-6, PTN Code § 1-8-6
The following definitions will apply for the purpose of this Code:
1. “Constitution” shall mean the Constitution of the Ponca Tribe of Nebraska.
2. “Court” shall mean the court of the Ponca Tribe of Nebraska;
3. “Indian” or “Indian Person” shall include any person of Indian descent who is a member of any federally recognized Tribe;
4. “Member” shall include a person whose name appears on the Membership Roll of the Ponca Tribe;
5. “Tribal Council” shall mean the Ponca Tribal Council.
6. “Tribe” shall mean the Ponca Tribe of Nebraska unless another or specific Indian Tribe is clearly intended.
Ponca Tribe of Nebraska Code § 1-8-7, PTN Code § 1-8-7