Ponca Tribe of Nebraska Tribal Code
TITLE VI JUDICIAL REMEDIES
CHAPTER 5 WRIT OF PROHIBITION
Section 6-5-1. Writ of Prohibition-Purpose for Which Writ Issued
Section 6-5-2. Power To Issue
Section 6-5-3. Affidavit and Application For Writ
Section 6-5-4. Alternative And Peremptory Writs-Terms
Section 6-5-5. Proceedings Same As For Mandamus
The writ of prohibition is the counterpart of the writ of mandamus. It arrests the proceedings, administrative or judicial, of any tribal tribunal, board, council, or person, when such proceedings are without or in excess of the jurisdiction of such tribal tribunal, board, council, or person, or are without or in excess of powers of authority conferred by federal or tribal law upon such tribal tribunal, board, council, or person.
Ponca Tribe of Nebraska Code § 6-5-1, PTN Code § 6-5-1
The writ of prohibition may be issued by the Tribal Court or Tribal Appellate Court to an inferior tribunal, or to a tribal board, council or person, in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law.
Ponca Tribe of Nebraska Code § 6-5-2, PTN Code § 6-5-2
The writ of prohibition may be issued upon affidavit or application of the person beneficially interested.
Ponca Tribe of Nebraska Code § 6-5-3, PTN Code § 6-5-3
The writ of prohibition must be alternative or peremptory. The alternative writ shall state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein, until further order of the Court, and to show cause before the Court, at a specified time and place, why the party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ shall be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained must be omitted and a return day inserted.
Ponca Tribe of Nebraska Code § 6-5-4, PTN Code § 6-5-4
The provisions for proceedings in mandamus shall apply to this chapter, except where inconsistent therewith.
Ponca Tribe of Nebraska Code § 6-5-5, PTN Code § 6-5-5