Ponca Tribe of Nebraska Tribal Code
TITLE VI JUDICIAL REMEDIES
CHAPTER 2 INJUNCTIONS
Section 6-2-1. Injunctive Relief
Section 6-2-2. Kinds of Injunctive Relief
Section 6-2-3. Purposes for Which Injunctions AreSpecifically Prohibited
Section 6-2-4. Permanent Injunction By Judgment or Decree in Civil Action
Section 6-2-5. Preliminary Injunctions-Temporary Restraining Orders-Notice-Hearing-Duration-Security
Section 6-2-6. Form and Scope of Injunction or Restraining Order; Service
Section 6-2-7. Grounds for Injunction
There exists an action known as an action for injunctive relief.
Ponca Tribe of Nebraska Code § 6-2-1, PTN Code § 6-2-1
Relief by injunction is either temporary or permanent. Temporary injunctions may be referred to as interlocutory injunctions, and are either temporary restraining orders or preliminary injunctions. Permanent injunctions may be referred to as final injunctions.
Ponca Tribe of Nebraska Code § 6-2-2, PTN Code § 6-2-2
1. To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded;
2. To prevent the execution of a tribal law by officers of the law, for public benefit;
3. To prevent the breach of contract, the performance of which would not be specifically enforced;
4. To prevent the exercise of a tribal office in a lawful manner, by the person in possession;
5. To prevent a legislative act by tribal government.
Ponca Tribe of Nebraska Code § 6-2-3, PTN Code § 6-2-3
A permanent injunction is obtained by a judgment or decree in a civil action under the procedures applicable to civil actions, and subject to the limitations of this Chapter.
Ponca Tribe of Nebraska Code § 6-2-4, PTN Code § 6-2-4
No preliminary injunction shall be issued without notice to the adverse party.
No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon. Every temporary restraining order granted without notice shall: (1) be endorsed with the date and hour of issuance; (2) be filed forthwith in the Tribal Court Administrator's office and entered of record; (3) define the injury and state why it is irreparable and why the order has been granted without notice; and (4) expire by its terms within such time after entry, not to exceed fifteen (15) days, as the Court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, a motion for a preliminary injunction or show cause hearing must be set down for hearing at the earliest possible time, taking precedence over all other matters except older matters of the same character; and when the motion comes on for hearing, the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if he does not do so, the Court shall dissolve the temporary restraining order. On two (2) days notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the Court may prescribe, the adverse party may appear and move for its dissolution or modification, and in that event the Court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
Except as otherwise provided by law, no restraining order or preliminary injunction shall be issued, except upon the giving of security by the applicant, in such sum as the Court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of the Ponca Tribe of Nebraska, or of an officer or agency thereof, nor shall it be required of a married person in a suit against the other party to the marriage contract.
A surety upon a bond or undertaking under this rule submits himself to the jurisdiction of the Court and irrevocably appoints the Tribal Court Administrator as his agent upon whom any papers affecting his liability on the bond or undertaking may be served. His liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the Court prescribes may be served on the Tribal Court Administrator who shall forthwith mail copies to the person giving the security if their addresses are known.
Ponca Tribe of Nebraska Code § 6-2-5, PTN Code § 6-2-5
Every order granting an injunction and every restraining order shall: (1) be specific in terms; (2) describe in reasonable detail, and not be reference to the complaint or other document, the act or acts sought to be restrained; and (3) is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
Ponca Tribe of Nebraska Code § 6-2-6, PTN Code § 6-2-6
An injunction may be granted:
1. When it appears by the pleadings on file that a party is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of some act complained of, either for a limited period or perpetually;
2. When it appears during the litigation that either party is doing or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party respecting the subject matter of the action, and tending to render the judgment ineffectual;
3. In all other cases where an injunction would be proper in equity.
Ponca Tribe of Nebraska Code § 6-2-7, PTN Code § 6-2-7