Ponca Tribe of Nebraska Tribal Code
TITLE VI JUDICIAL REMEDIES
CHAPTER 4 WRIT OF MANDAMUS
Section 6-4-1. Power to Issue Writ/Purposes For Issuances
Section 6-4-2. Writ Issued When Ordinary Remedy Inadequate
Section 6-4-3. Grant of Writ on Default Prohibited
Section 6-4-4. Service of Writ-Service on Majority of Board
Section 6-4-5. Alternative and Peremptory Writs-Terms of Writ
Section 6-4-6. Alternative Writ Issued Without Notice-Minimum Notice Required for Peremptory Writ
Section 6-4-7. Answer to Show Cause Against Writ
Section 6-4-8. Hearing By Court When No Answer Made or No Questions Of Fact Raised
Section 6-4-9. Objections and Proof Countervailing Answer Introduced By Applicant At Trial
Section 6-4-10. Discretionary Jury Trial And Postponement-Statement of Question to Be Tried-Assessment of Damages
Section 6-4-11. Verdict Transmitted to Court-Hearing on Application
Section 6-4-12. Elements Included in Judgment
Section 6-4-13. Fine For Disobedience of Peremptory Writ-Imprisonment On Persistent Disobedience
The writ of mandamus may be issued by the Tribal Court or the Tribal Appellate Court to the Tribe, or any of its subdivisions, including individuals who are officials of the Tribe and any of its subdivisions, to compel the performance of an act which federal or tribal law, ordinance, policy or procedure specifically enjoins as a duty resulting from an office, trust or station, or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled and from which he is unlawfully precluded from.
Ponca Tribe of Nebraska Code § 6-4-1, PTN Code § 6-4-1
The writ of mandamus shall be issued in all cases where there is no plain, speedy, and adequate remedy, in the ordinary course of law. It shall be issued upon petition and affidavit of the party beneficially interested.
Ponca Tribe of Nebraska Code § 6-4-2, PTN Code § 6-4-2
The writ of mandamus shall not be granted by default. The case must be heard by the Court whether the adverse party appears or not.
Ponca Tribe of Nebraska Code § 6-4-3, PTN Code § 6-4-3
The writ of mandamus must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the Court. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board was in session or not.
Ponca Tribe of Nebraska Code § 6-4-4, PTN Code § 6-4-4
The writ of mandamus may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party, immediately upon the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the Court, at a specified time and place, why he has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he has not done the command, must be omitted, and a return day inserted.
Ponca Tribe of Nebraska Code § 6-4-5, PTN Code § 6-4-5
When the application for writ of mandamus to the Court is made without notice to the adverse party, and the writ be allowed, the alternative writ must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory writ may be issued in the first instance. The notice of the application, when given, must be at least ten (10) days.
Ponca Tribe of Nebraska Code § 6-4-6, PTN Code § 6-4-6
On the return of the alternative writ of mandamus, or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action.
Ponca Tribe of Nebraska Code § 6-4-7, PTN Code § 6-4-7
If no answer is made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue only immaterial statements, not affecting the substantial rights of the parties, the Court must proceed to hear, or fix a day for hearing the case.
Ponca Tribe of Nebraska Code § 6-4-8, PTN Code § 6-4-8
On the trial the applicant is not precluded by the answer from any valid objection to its sufficiency and may countervail it by proof, either in direct denial or by way of avoidance.
Ponca Tribe of Nebraska Code § 6-4-9, PTN Code § 6-4-9
If an answer be made which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of which allegation the application for the writ is based, the Court may, in its discretion, order the question to be tried before a jury, and postpone the hearing until such trial can be had and the verdict certified to the Court. The question to be tried must be distinctly stated in the order for trial.
Ponca Tribe of Nebraska Code § 6-4-10, PTN Code § 6-4-10
If no notice of a motion for a new trial be given or, if given, the motion be denied, the Tribal Court Administrator, within five (5) days after rendition of the verdict or denial of the motion, must transmit to the Court a certified copy of the verdict attached to the order of trial, after which either party may bring on the hearing on the application, upon reasonable notice to the adverse party.
Ponca Tribe of Nebraska Code § 6-4-11, PTN Code § 6-4-11
If judgment be given for the applicant, he may recover the damages which he has sustained, as found by the jury or as may be determined by the Court, together with costs; and for such damages and costs execution may issue; and a peremptory mandamus must also be awarded without delay. If judgment shall be for the defendant, costs in his favor shall be taxed as a part thereof.
Ponca Tribe of Nebraska Code § 6-4-12, PTN Code § 6-4-12
When a peremptory mandamus has been issued and directed to any inferior tribunal, board, or person, if it appears to the Court that any member of such tribunal, board, or any person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the same, the Court may, upon motion, impose a fine not exceeding one thousand dollars ($1,000.00).
Ponca Tribe of Nebraska Code § 6-4-13, PTN Code § 6-4-13