Choctaw Nation of Oklahoma - Tribal Code
Table of Contents Updated: October 2018
The tribe makes their code available online. The link below will take you to the version of the code available on the tribe's website.
Table of Contents
Choctaw Nation Traffic Code:
Chapter 1. Definition of Words and Phrases
Section 1-101. Definition of Words and Phrases
Section 1-101.1. Ancient Vehicle
Section 1-102. Arterial Street
Section 1-103. Authorized Emergency Vehicles—Equipment
Section 1-103.1. Automobile
Section 1-104. Bicycle, Electric-Assisted Bicycle, and Motorized Bicycle
Section 1-105. Bus
Section 1-105.1. Church Bus
Section 1-106. Business District
Section 1-107. Reserved
Section 1-107.1. Class A Commercial Motor Vehicle
Section 1-107.2. Class B Commercial Motor Vehicle
Section 1-107.3. Class C Commercial Motor Vehicle
Section 1-107.4. Class D Motor Vehicle
Section 1-108. Commercial Operator or Driver
Section 1-109. Executive Director
Section 1-110. Controlled-Access Highway
Section 1-111. Crosswalk
Section 1-112. Reserved
Section 1-113. Department
Section 1-114. Driver
Section 1-114A. Electric Personal Assistive Mobility Device
Section 1-115. Reserved
Section 1-116. Established Place of Business
Section 1-117. Explosives
Section 1-118. Farm Tractor
Section 1-119. Flammable Substance
Section 1-120. Reserved
Section 1-120.1. Gross Combination Weight Rating (GCWR
Section 1-121. Gross Vehicle Weight Rating (GVWR)
Section 1-122. Highway
Section 1-123. Manufactured Home
Section 1-124. Reserved
Section 1-125. Implement of Husbandry
Section 1-126. Intersection
Section 1-127. Reserved
Section 1-128. License to Operate a Motor Vehicle
Section 1-129. Lienholder
Section 1-130. Reserved
Section 1-131. Mail
Section 1-132. Manufacturer
Section 1-133. Metal Tire
Section 1-133.1. Reserved
Section 1-133.2. Moped
Section 1-133.3. Motorized Scooter
Section 1-134. Motor Vehicle
Section 1-134.1. Low-Speed Electrical Vehicle
Section 1-135. Motorcycle
Section 1-136. Motor-driven Cycle
Section 1-136.1. Reserved
Section 1-136.2. Reserved
Section 1-136.3. Motorized Wheelchair
Section 1-137. Reserved
Section 1-138. Reserved
Section 1-139. Official Traffic control Devices
Section 1-140. Operator or driver
Section 1-140.1. “Other Intoxicating Substance” Defined
Section 1-141. Owner
Section 1-142. Park, Parking and Public Parking Lot
Section 1-143. Pedestrian
Section 1-144. Person
Section 1-145. Pneumatic Tire
Section 1-151. Railroad Train
Section 1-152. Reserved
Section 1-152.1 Recreational Vehicle
Section 1-153. Registration
Section 1-154. Residence District
Section 1-155. Revocation of Driving Privilege
Section 1-156. Right of Way
Section 1-157. Reserved
Section 1-158. Roadway and Shoulder
Section 1-159. Safety Zone
Section 1-160. School Bus
Section 1-161. Reserved
Section 1-162. Semitrailer
Section 1-163. Sidewalk
Section 1-164. Solid Tire
Section 1-165. Special Mobilized Machinery
Section 1-166. Reserved
Section 1-167. Stand or Standing
Section 1-168. State
Section 1-169. Stop
Section 1-170. Stop or Stopping
Section 1-171. Street
Section 1-172. Reserved
Section 1-173. Suspension of Driving Privilege
Section 1-173.1. Tank Vehicle
Section 1-174. Taxicab
Section 1-175. Through Highway
Section 1-176. Reserved
Section 1-177. Traffic
Section 1-178. Traffic Control Signal
Section 1-179. Traffic Lane
Section 1-180. Trailer
Section 1-181. Transporter
Section 1-181.1. Travel Trailer
Section 1-182. Truck
Section 1-183. Truck Tractor
Section 1-184. Reserved
Section 1-185. Reserved
Section 1-186. Vehicle
Chapter 2. The Public Safety Department
Section 2-101. Creation of the Public Safety Department and Office of Executive Director of Public Safety—Powers and Authority—Chief Officer—Services for Chief
Section 2-102. Executive Director of Public Safety
Section 2-103. Powers and Duties of the Executive Director
Section 2-104. Police Authority of Department
Section 2-105. Administration of Public Safety Department
Chapter 3. Reserved
Chapter 4. Anti-Theft Laws
Section 4-101. Exceptions from Provisions of this Chapter
Section 4-102. Unauthorized use of Vehicle or Implement of Husbandry
Section 4-103. Unauthorized Receipt, Possession, Concealment, Sale, or Dispossession of Vehicle or Implement of Husbandry
Section 4-104. Damaging or Tampering with Vehicle or Implement of Husbandry
Section 4-105. Stolen, Converted, Recovered and Unclaimed Vehicles
Section 4-106. False Report of Theft or Conversion
Section 4-107. Removed, Falsified or Unauthorized Identification
Section 4-107a. Offenses in Connection with Trim Tag Plates—Exceptions—Penalties—Civil Remedies—Definitions
Section 4-108. False Statements of Material Facts—Punishment
Section 4-109. Altering or Forging Certificate of Title—Punishment
Section 4-110. Offenses in Connection with Certificate of Title
Chapter 5. Reserved
Chapter 6. Driver Licenses
Section 6-101. Driver Must be Licensed
Section 6-102. Persons Exempt
Section 6-103. Exceptions to License Requirements
Section 6-104. License to be Carried and Exhibited on Demand
Section 6-301. Unlawful use of License or Identification Card
Section 6-302. Reserved
Section 6-303. Driving without License or while License is Canceled, Denied, Suspended or Revoked—Penalties
Section 6-304. Permitting Unauthorized Minor to Drive
Section 6-305. Permitting Unauthorized Person to Drive
Section 6-306. Employer’s Permitting Unlicensed or Improperly Licensed Person to Drive
Section 6-307. Liability for Knowingly Permitting the Operation by a Person Not Qualified
Section 6-308. Penalty for Misdemeanor
Chapter 7. Financial Responsibility
Section 7-600. Definitions
Section 7-601. Liability Requirements--Proof of Compliance
Section 7-602. Certification of Existence of Security—Exemptions
Section 7-603. Possession of Security Verification Form while Operating or Using Certain Vehicles
Section 7-604. Failure to Maintain Insurance or Security—Penalties
Section 7-605. Exemptions
Section 7-606. Security Verification Forms—Violations of Law—Penalties
Chapter 8. Reserved
Chapter 9. Reserved
Chapter 10. Accidents and Accident Reports
Section 10-101. Provisions of Chapter Apply Throughout Choctaw Nation of Oklahoma
Section 10-102. Accidents Involving Nonfatal Injury
Section 10-102.1. Accidents Involving Death
Section 10-103. Accidents Involving Damage to Vehicle
Section 10-104. Duty to Give Information and Render Aid—Drug and Alcohol Testing
Section 10-105. Duty upon Striking Unattended Vehicle
Section 10-106. Duty upon Striking Fixtures upon a Highway
Section 10-107. Immediate Notice of Accident
Chapter 11. Rules of the Road
Article 1. Obedience to and Effect of Traffic Laws
Section 11-101. Provisions of Chapter Refer to Vehicles upon the Highways—Exceptions
Section 11-102. Required Obedience to Traffic Laws
Section 11-103. Obedience to Police Officers
Section 11-104. Persons Riding Animals or Driving Animal-Drawn Vehicles
Section 11-105. Persons Working on Highways—Exceptions
Section 11-106. Authorized Emergency Vehicles
Section 11-107. Military Convoys
Article 2. Traffic Signs, Signals and Markings
Section 11-201. Obedience to and Required Traffic control Devices
Section 11-202. Traffic control Signal Legend
Section 11-203. Pedestrian-Control Signals
Section 11-204. Flashing Signals
Section 11-204.1. Lane Use Control Signals
Section 11-205. Pedestrian-Actuated School Crossing Signals
Section 11-206. Display of Unauthorized Signs, Signals or Markings
Section 11-207. Interference with Official Traffic control Devices or Railroad Signs or Signals— Violation Resulting in Personal Injury or Death—Penalty
Section 11-208. Traffic Signal Preemption Device
Article 3. Miscellaneous Rules of Driving on Roadway
Section 11-301. Drive on Right Side of Roadway—Exceptions
Section 11-302. Passing Vehicles Proceeding in Opposite Directions
Section 11-303. Overtaking a Vehicle on the Left—Signal
Section 11-304. When overtaking on the right is permitted
Article 6. Turning and Starting and Signals on Stopping and Turning
Section 11-601. Required Position and Method of Turning at Intersections
Section 11-602. Turning to Proceed in Opposite Direction—Turns on Curve or Near Crest of Grade Prohibited
Section 11-603. Starting Parked Vehicle
Section 11-604. Turning Movements and Required Signals—Passing Person Attempting a Left Turn
Section 11-605. Signals by Hand and Arm or Signal Lamps
Section 11-606. Method of Giving Hand and Arm Signals
Article 7. Special Stops Required
Section 11-701. Obedience to Signal Indicating Approach of Train
Section 11-702. Commercial Motor Vehicles and Buses—Railroad Crossing
Section 11-703. Stop Signs and Yield Signs
Section 11-704. Emerging from Alley, Driveway or Building
Section 11-705. Meeting or Overtaking Stopped School Bus
Section 11-705.1. Meeting or Overtaking Stopped Church Bus
Article 8. Speed Restrictions
Section 11-801. Basic Rule—Maximum and Minimum Limits—Fines and Penalties
Section 11-802. Minimum speed regulation
Section 11-803. Speed Limitation on Motorcycles, Motor-Driven Cycles, and Motorized Scooters
Section 11-804. Low-speed Electrical Vehicles—Restrictions on Operation
Section 11-805. Electric-assisted bicycle operators
Section 11-805.1. Electric Personal Assistive Mobility Devices
Section 11-805.2. Electric Gopeds
Section 11-806. Special speed limitations
Section 11-806.1. Reduced Speed Limit at Certain Times in School Zone
Section 11-807. Charging Violations and Rule in Civil Actions
Section 11-808. Jammers and Speed Measuring Devices—Use, Possession, Manufacture, Sale or Distribution Prohibited—Exemption
Section 11-809. Exemptions
Article 9. Reckless Driving, Driving While Intoxicated and Negligent Homicide
Section 11-901. Reckless driving
Section 11-901a. Full time and Attention to Driving
Section 11-901b. Unlawful Use of a Cellular Telephone
Section 11-902. Persons Under the Influence of Alcohol or Other Intoxicating Substance or Combination thereof
Section 11-902a. Allowing Use of Motor Vehicle without Ignition Interlock Device—Disabling or Disconnecting Device
Section 11-903. Negligent Homicide
Section 11-904. Person Involved in Personal Injury Accident While Under the Influence of Alcohol or Other Intoxicating Substance—Causing Great Bodily Injury
Section 11-905. Person Involved in Personal Injury Accident without a Valid Driver License—Causing Great Bodily Injury—Causing Death
Section 11-906. Operating or being in Actual Physical Control of Motor Vehicle While under the Influence while under age
Article 10. Stopping, Standing and Parking
Section 11-1001. Stopping, Standing or Parking Outside of Business or Residence District
Section 11-1002. Officers Authorized to Remove Illegally Stopped Vehicle
Section 11-1003. Stopping, Standing or Parking Prohibited in Specified Places
Section 11-1004. Additional Parking Regulations
Section 11-1005. Authorized Emergency Vehicles; Vehicles Used in Construction or Maintenance of Highways—Excepted from Certain Provisions
Section 11-1006. Parking of Vehicles on Posted Private Property—Penalty—Liability of Landowner
Section 11-1007. Parking Areas for Physically Disabled Persons—Penalties
Section 11-1008. Reserved
Section 11-1009. Parking on Certain Property Prohibited
Article 11. Miscellaneous Rules
Section 11-1101. Unattended Motor Vehicle
Section 11-1102. Limitations on Backing
Section 11-1103. Motorcycles, Motor-Driven Cycles, Motorized Scooters, Motorized Bicycles, or Electric-Assisted Bicycles—Restrictions on Transporting Other Persons and on Operation
Section 11-1104. Obstruction to Driver’s View or Control—Overloading School Bus
Section 11-1105. Opening and Closing Vehicle Doors
Section 11-1106. Driving on mountain highways
Section 11-1107. Coasting prohibited
Section 11-1108. Following Fire Apparatus and other Emergency Vehicles Prohibited
Section 11-1109. Crossing fire hose
Section 11-1110. Putting Glass, etc., on Highway Prohibited
Section 11-1111. Throwing or Dropping Object on or at Moving Vehicles
Section 11-1112. Child Passenger Restraint System Required for Certain Vehicles—Exemptions
Section 11-1113. Reserved
Section 11-1114. Allowing passenger to ride outside passenger compartment
Section 11-1115. Railroad-Highway Grade Crossings—Class A, B or C Commercial Vehicles—When Crossing Prohibited
Section 11-1116. Self-propelled or Motor-Driven and Operated Vehicles—Golf Carts—All-Terrain and Utility Vehicles—Operation on Streets and Highways
Section 11-1117. All-Terrain Vehicle Passenger Restrictions—Penalties and Enforcement—Liability of Parents or Vehicle Owners—Applicability
Section 11-1118. Reserved
Section 11-1119. Definitions—Unattended Child or Vulnerable Adult in Motor Vehicle Prohibited— Exception—Penalty
Article 12. Operation of Bicycles and Play Vehicles
Section 11-1201. Effect of Regulations
Section 11-1202. Traffic Laws Apply to Persons Riding Bicycles or Motorized Scooters
Section 11-1203. Riding on Bicycle or Motorized Scooter
Section 11-1204. Clinging to Vehicles
Section 11-1205. Riding on Roadway, One-way Street or Highway
Section 11-1206. Carrying Articles
Section 11-1207. Reserved
Section 11-1208. Overtaking and Passing Bicycle—Violations—Fines and Penalties
Article 13. Maintenance, Construction and Safety Zones
Section 11-1301. Driving through safety zones prohibited
Section 11-1302. Maintenance and construction zones
Section 11-1303. Endangerment of a Highway Worker
Article 14. Reserved
Chapter 12. Equipment of Vehicles
Article 1. Scope and Effect of Regulations
Section 12-101. Driving or Permitting to be Driven Vehicle with Unsafe or Missing Equipment—Other Forbidden Acts—Exceptions Relating to Requirements for Equipment—Rules—Definitions
Section 12-101.1. Sale of Improperly Equipped Vehicle—Improper Equipping or Operation of Improperly Equipped Vehicle
Section 12-101.2. Construction of Act—Severability
Article 2. Lamps and Other Lighting Equipment
Section 12-201. Proper Display of Lamps and Other Signal Devices—Adoption of Federal Specifications and Standards
Section 12-202. Visibility Distance and Mounted Height of Lamps
Section 12-203. Head Lamps on Motor Vehicles
Section 12-203.1. Number of Driving Lamps Required or Permitted
Section 12-203.2. Use of Distribution of Light or Composite Beam Lighting Equipment
Section 12-203.3. Headlamps with Single Distribution of Light—Farm Tractors and Certain Other Motor Vehicles
Section 12-203.4. Lighting Equipment upon Motor Vehicles Operated below certain Speed
Section 12-204. Tail Lamps
Section 12-204.1. Lamps Illuminating Rear License Plate
Section 12-205. Reflectors
Section 12-206. Stop Lamps
Section 12-207. Turn Signal Lamps
Section 12-208. Vehicles of certain Width—Clearance Lamps—Side Marker Lamps—Reflectors
Section 12-209. Reserved
Section 12-210. Reserved
Section 12-211. Visibility of Reflectors, Clearance Lamps and Marker Lamps
Section 12-212. Reserved
Section 12-213. Lamps, Reflectors, and Flags on Projecting Load
Section 12-214. Lamps on Parked or Stopped Motor Vehicles
Section 12-215. Lamps on Farm Tractors—Farm Equipment and Implements of Husbandry
Section 12-216. Lamps, Lighting Devices, or Reflectors on Animal-drawn and certain Other Vehicles
Section 12-217. Auxiliary, Fog, and Off-road Lamps
Section 12-218. Emergency Vehicles—Flashing Lights
Section 12-218.1. Flashing Lights on Licensed Wreckers
Section 12-218.2. Vehicles Operated by Rural Letter Carriers or any Highway Contract Route Vehicles Delivering Mail—Flashing Lights
Section 12-219. Reserved
Section 12-220. Back-up and Vehicular Hazard Warning Lamps
Section 12-221. Reserved
Section 12-222. Reserved
Section 12-223. Reserved
Section 12-224. Reserved
Section 12-225. Reserved
Section 12-226. Reserved
Section 12-227. Special Restriction on Lamps
Section 12-228. Special Lighting Equipment and Warning Devices on School Buses and Church Buses
Section 12-229. Lights on Vehicles or Machinery Operated by Government on Highways
Section 12-230. Reserved
Section 12-231. Reserved
Section 12-232. Vans Operated for Non-profit Charitable Organization Equipped with Strobe-lighttype Device
Article 3. Brakes
Section 12-301. Brake Equipment Required
Section 12-302. Performance ability of brakes
Article 4. Other Equipment
Section 12-401. Horns and Warning Devices
Section 12-402. Mufflers or Other Noise-Suppressing Systems—Prevention of Excessive or Unusual Noise
Section 12-403. Mirrors
Section 12-404. Windshields and Windows—Obstruction, Obscuring, or Impairing of Driver’s View— Electric Windshield Wiper Mechanism
Section 12-405. Tires and Wheels—Peripheral Equipment—Unsafe Operating Condition
Section 12-405.1. Coupling Devices—Stay Chains, Cables or Other Safety Devices
Section 12-405.2. Fuel Tanks and Intake Pipes—Projection Beyond Side of Vehicle—Construction and Attachment
Section 12-405.3. Aprons
Section 12-406. Safety Glazing Material or Safety Glass—Standards—Identification Markings—Sale or Replacement
Section 12-407. Certain Vehicles to be Equipped with Flares and Other Emergency Equipment
Section 12-408. Display of Warning Devices When Vehicle Disabled
Section 12-409. Vehicles Transporting Hazardous Materials
Section 12-410. Air-conditioning Equipment
Section 12-411. Television-type Receiving Equipment Visible from Operator’s Seat Prohibited
Section 12-412. Reserved
Section 12-413. Seat Belts or Shoulder Harnesses
Section 12-414. Specifications
Section 12-415. Penalties
Section 12-416. Short Title
Section 12-417. Operators and Front Seat Passengers Required to Wear Safety Belts—Exemptions
Section 12-418. Reserved
Section 12-419. Reserved
Section 12-420. Civil Proceedings—Effect of Act
Section 12-421. Reserved
Section 12-422. Restrictions on Use of Glass Coating Materials or Sun Screening Devices on Windshields and Windows
Section 12-423. Emission Control System—Disconnection, Alteration, Modification, or Replacement
Section 12-424. Obstruction to Turning of Steering Control—Definitions
Section 12-425. Absent, Disconnected, or Broken Parts of Suspension System
Section 12-426. Properly Operating Speedometer
Section 12-427. Official Slow-moving Vehicle Emblem
Section 12-428. Converted School Buses—Color
Article 5. Odometer Setting Act
Section 12-501. Short Title
Section 12-502. Definitions
Section 12-503. Prohibited Acts
Section 12-504. Service, Repair or Replacement of Odometer
Section 12-505. Transfer of Ownership of Motor Vehicle—Information Required
Section 12-506. Violation—Penalty
Article 6. Motorcycles
Section 12-601. Headlamps and Other Illuminating Devices on Certain Motorcycles—Definition
Section 12-602. Headlamps Required on Every Motorcycle—Definitions
Section 12-603. Tail lamps
Section 12-604. Reflectors
Section 12-605. Stop Lamps
Section 12-606. Electric Flashing Turn Signal Lamps
Section 12-608. Brakes on Motorcycles
Section 12-609. Motorcycles—Required Equipment
Article 7. Bicycles
Section 12-701. Provisions in Chapter Applicable to Bicycles
Section 12-702. Front Lamp
Section 12-703. Rear Lamp
Section 12-704. Reflector
Section 12-705. Reserved
Section 12-706. Reflective Material
Section 12-707. Additional Lights and Reflectors
Section 12-708. Brakes
Section 12-709. Sirens
Chapter 13. Inspection of Vehicles
Section 13-101. Vehicles without Required Equipment or in Unsafe Condition
Section 13-102. Officers may Inspect a Vehicle and its Equipment
Section 13-103. Owner and Drivers to Submit Vehicles for Inspection
Chapter 14. Reserved
Chapter 15. Reserved
Chapter 16. Parties and Procedure Upon Arrest
Section 16-101. Parties to a Crime
Section 16-102. Offenses by Persons Owning or Controlling Vehicles
Section 16-103. Public Officers and Employees—Exceptions
Section 16-104. Procedure upon Arrest for Felony
Section 16-105. Reserved
Section 16-106. Reserved
Section 16-107. Reserved
Section 16-108. Misdemeanor Violations—Procedure
Section 16-109. Authority of Officer at Scene of Accident
Section 16-110. Reserved
Section 16-111. Reserved
Section 16-112. Failure to Obey Notice to Appear
Section 16-113. Procedure Prescribed Herein not Exclusive
Section 16-114. Arrest of Traffic Violators without Warrant
Chapter 17. Penalties
Section 17-101. Misdemeanor Violations—Penalties
Section 17-102. Felonies
Chapter 18. Records and Reports of Convictions
Section 18-101. Record of traffic cases
Chapter 19. Reserved
Chapter 20. Reserved
Chapter 21. Reserved
Chapter 22. Reserved
Chapter 23. Reserved
Chapter 24. Reserved
Chapter 25. Reserved
Chapter 26. Reserved
Chapter 27. Reserved
Chapter 28. Reserved
Chapter 29. Reserved
Chapter 30. Reserved
Chapter 31. Reserved
Chapter 32. Reserved
Chapter 33. Reserved
Chapter 34. Reserved
Chapter 35. Reserved
Chapter 36. Reserved
Chapter 37. Reserved
Chapter 38. Reserved
Chapter 39. Reserved
Chapter 40. Reserved
Chapter 41. Reserved
Chapter 42. Reserved
Chapter 43. Reserved
Chapter 44. Reserved
Chapter 45. Reserved
Chapter 46. Reserved
Chapter 47. Reserved
Chapter 48. Reserved
Chapter 49. Reserved
Chapter 50. Reserved
Chapter 51. Reserved
Chapter 52. Reserved
Chapter 53. Reserved
Chapter 54. Reserved
Chapter 55. Reserved
Chapter 56. Reserved
Chapter 57. Reserved
Chapter 58. Reserved
Chapter 59. Reserved
Chapter 60 Reserved
Chapter 61. Reserved
Chapter 62. Reserved
Chapter 63. Reserved
Chapter 64. Reserved
Chapter 65. Reserved
Chapter 66. Reserved
Chapter 67. Chemical Tests
Section 751. Implied Consent to Breath Test, Blood Test or Other Test for Determining Presence or Concentration of Alcohol or Other Intoxicating Substance
Section 752. Administration of Tests—Authorization—Liability—Laboratories—Independent analysis—Costs
Section 753. Refusal to submit to test
Section 754. Seizure of license
Section 755. Reserved
Section 756. Admission of Evidence Shown by Tests
Section 757. Other competent evidence--Admissibility
Section 758. Reserved
Section 759. Board of Tests for Alcohol and Drug Influence
Section 760. Reserved
Section 761. Operation of a Motor Vehicle While Impaired—Penalties
Chapter 68. Reserved
Chapter 69. Reserved
Chapter 70. Reserved
Chapter 71. Abandonment of Vehicles
Section 901. Abandonment Unlawful—Determination
Section 902. Authorization to Remove Abandoned Vehicle
Section 903. Notice of Impoundment—Civil liability
Section 904. Payment of cost of removal and storage
Section 905. Lienholder Defined
Section 906. Reserved
Section 907. Special Liens
Section 908. Foreclosure of Lien—Notice
Section 909. Time to commence proceedings
Section 910. Return of Sale
Section 911. Disposition of proceeds of sale
Chapter 72. Reserved
Chapter 73. Reserved
Chapter 74. Choctaw Nation of Oklahoma Vehicle License and Registration Act
Section 1101. Short title
Section 1102. Definitions
Section 1103. Legislative Intent
Section 1104. Registration and Certificate of Title
Section 1105. Seizure of vehicles not bearing or displaying proper license plate--Sale
Section 1106. Offenses and Penalties Enumerated
Chapter 75. Reserved
Chapter 76. Reserved
Chapter 77. Reserved
Chapter 78. Reserved
Chapter 79. Motor Vehicle Chop Shop, Stolen and Altered Property Act
Section 1501. Short title
Section 1502. Definitions
Section 1503. Ownership and Operation of Chop Shop—Alteration of Vehicle Identification Number—Purchase or Sale of Parts from Altered Vehicle—Exceptions—Attempt—Conspiracy— Solicitation—Aiding and Abetting—Accessory after Fact—Penalties—Sentence—Restitution
Section 1504. Seizure without Process of Tool, Implement, or Instrumentality of Offense—Disposition of Seized Property
Section 1505. Property Subject to Forfeiture—Determination of Identity of Rightful Owner— Disposition of Forfeited Property
Section 1506. Civil proceedings--Remedies--Treble damages--Estoppel--Limitations--Service of process
Section 1508. Power of Prosecutor
Choctaw Nation Public Health and Safety Code:
Uniform Controlled Dangerous Substances Act
Article 1. General Provisions
Section 2-101. Definitions
Section 2-102. Drug paraphernalia—Factors used in determining
Section 2-103. Definitions
Section 2-104. Narcotics Revolving Fund
Article 2. Standards and Schedules
Section 2-201. Reserved
Section 2-202. Nomenclature in schedules
Section 2-203. Schedule I characteristics
Section 2-204. Schedule I
Section 2-205. Schedule II characteristics
Section 2-206. Schedule II
Section 2-207. Schedule III characteristics
Section 2-208. Schedule III
Section 2-209. Schedule IV characteristics
Section 2-210. Schedule IV
Section 2-211. Schedule V characteristics
Section 2-212. Schedule V
Article 3. Regulation of Controlled Dangerous Substances
Section 2-313. Excepted Preparations—Conditions of Exemption
Section 2-314. Labels
Precursor Substances Act
Section 2-321. Short title
Section 2-322. Precursor substances—License or permit
Section 2-323. License to sell, transfer or otherwise furnish—Application—Records—Fee
Section 2-324. Permit to possess—Application—Regular report in lieu of permit
Section 2-325. Reserved
Section 2-326. Discovery of loss or theft—Disposal—Reports—Other duties
Section 2-327. Application of act—Sale or transfer of certain nonnarcotic products
Section 2-328. Violations—Penalties
Section 2-329. Drug cleanup fines—Disposition of fines collected
Section 2-330. Notification of seizure—Duty of law enforcement agencies
Section 2-331. Seizure of devices or precursor chemicals—Notice by peace officer to Bureau of Narcotics and Dangerous Drugs Control
Section 2-332. Possession of substances to be used as precursor to manufacture of methamphetamine or another controlled substance—Presumption—Exceptions— Penalty—Registration—Records
Section 2-333. Knowingly selling, transferring, distributing, or dispensing products to be used in the production of certain controlled substances—Penalty—Damages
Section 2-341. Pharmacy electronic drug tracking service
Article 4. Offenses and Penalties
Section 2-401. Prohibited Acts A—Penalties
Section 2-402. Prohibited Acts B—Penalties
Section 2-403. Prohibited Acts C—Penalties
Section 2-404. Reserved
Section 2-405. Prohibited acts E—Penalties
Section 2-406. Reserved
Section 2-407. Prohibited acts G—Penalties
Section 2-407.1. Certain substances causing intoxication, distortion or disturbances of auditory, visual, muscular or mental processes prohibited—Exemptions—Penalties
Section 2-408. Offering, soliciting, attempting, endeavoring or conspiring to commit offense— Penalties
Section 2-409. Additional penalties
Section 2-410. Conditional release for first offense—Effect of expungement—Persons not covered by section
Section 2-411. General penalty clause
Section 2-412. Second or subsequent offenses
Drug Dealer Liability Act
Section 2-421. Short title
Section 2-422. Definitions
Section 2-423. Liability for civil damages
Section 2-424. Persons who may bring action—Persons liable—Damages recoverable
Section 2-425. Individual drug users who may bring action—Persons liable for damages—Damages recoverable
Section 2-426. Third party payment of damages—Defense under contract of insurance—Indemnification—Prohibition
Section 2-427. Drug market target community—Level of offense
Section 2-428. Joinder of parties—Judgments
Section 2-429. Comparative responsibility—Burden and standard of proof
Section 2-430. Right of contribution—Recovery by plaintiff
Section 2-431. Proof of participation in illegal drug market—Standard of proof—Prima facie evidence of participation
Section 2-432. Attachment of assets—Execution of judgment—Exempt property—Property seized by forfeiture
Section 2-433. Limitation of action—Accrual of cause of action—Tolling
Section 2-434. Legal representation of the Choctaw Nation—Stay of action
Section 2-435. Interfamily tort immunity not altered
Article 5. Enforcement and Administration
Section 2-501. Powers of enforcement personnel
Section 2-502. Inspections
Section 2-503. Property subject to forfeiture
Section 2-503.1. Transactions involving proceeds derived from illegal drug activity prohibited— Penalties
Section 2-503.2. Assessment for violation of acts—Drug Abuse Education and Treatment
Section 2-504. Seizure of property
Section 2-505. Summary forfeiture of certain substances
Section 2-506. Seizure of property—Notice of seizure and intended forfeiture proceeding—Verified answer and claim to property—Hearing—Evidence and proof—Proceeds of sale
Section 2-507. Itemization and submission for destruction
Section 2-508. Disposition of seized property
Section 2-509. Eradication—Penalties—Prohibition of suspended or deferred sentences or probation
Section 2-510. Defenses—Descriptions
Article 6. Reserved
Article 7. Reserved
Article 8. Miscellaneous Provisions
Section 2-801. Definitions
Section 2-802. Additional Unlawful Acts Enumerated
Choctaw Nation Juvenile Code:
Chapter 1. General Provisions
Section 2-1-101. Short title
Section 2-1-102. Legislative intent—Construction of chapter—Purpose
Section 2-1-103. Definitions
Chapter 2. Custody and Court Proceedings
Section 2-2-101. Taking of child into custody—Detention—Medical treatment—Behavioral health treatment—Hearing on order for medical treatment
Section 2-2-102. Personal jurisdiction
Section 2-2-103. Reserved
Section 2-2-104. Preliminary inquiry—Petition
Section 2-2-104.1 - Diversion Services - Purpose - Procedures - Notice
Section 2-2-105. Order removing child from home prohibited absent certain determinations
Section 2-2-106. Petition—Subsequent pleadings—Amended petitions
Section 2-2-107. Summons—Warrant—Service
Section 2-2-108. Examination by health care professionals—Investigation of child’s home and
custodian’s earning capacity
Section 2-2-301. Conduct of interrogations—Appointment of counsel—Guardians ad litem
Section 2-2-401. Trial by court
Section 2-2-402. Conduct of adjudicative hearings
Section 2-2-403. Child is charged with an offense which would be a felony if committed by an adult—Trial as adult—Certification Order—Bail
Section 2-2-404. Deferral of delinquency proceedings
Section 2-2-501. Dispositional hearings
Section 2-2-502. Individual treatment and service plans
Section 2-2-503. Disposition orders—Revocation, modification and redisposition
Section 2-2-504. Periodic review of disposition orders
Section 2-2-505. Authority to Establish Juvenile Drug Court
Section 2-2-506. Juvenile Drug Court Investigations-Eligibility for Juvenile Drug Court
Section 2-2-507. Hearing to Determine Final Eligibility
Section 2-2-508. Progress Reports and Periodic Review-Access to Information-Modifications
to Treatment Plan, Plea Agreement, and Responsibilities for Health and Welfare of Juvenile
Section 2-2-509. Costs and Fees
Section 2-2-601. Appeals
Section 2-2-701. Authority to order parents, legal guardians, or child’s custodian to be present at proceedings, participate in rehabilitation, and perform other actions—Contempt
Section 2-2-702. Reserved
Section 2-2-703. Expenses for care and maintenance of child
Section 2-2-801. Procedures and requirements for placement of adjudicated children
Section 2-2-802. Termination of parental rights
Section 2-2-803. Review and assessment of children committed to the Choctaw Nation Department of Children and Family Services
Section 2-2-804. Child in need of behavioral health treatment
Section 2-2-805. Commitment of child to custody of Choctaw Nation Department of Children and Family Services—Delivery to designated institution
Chapter 3. Detention
Section 2-3-101. Conditions of detention of child—Detention or confinement in adult facility
Section 2-3-102. Persons under 18 years of age who have fled from another jurisdiction considered adults for purposes of detention only in certain cases
Section 2-3-103. Temporary detention of children—Detention facilities, services, and centers—Transportation
Section 2-3-104. Reserved
Section 2-3-105. Educational Needs and Opportunities
Chapter 4. Reserved
Chapter 5. Reserved
Chapter 6. Records
Section 2-6-101. Court to keep records—Definitions
Section 2-6-102. Confidential juvenile record
Section 2-6-103. Confidentiality of social records
Section 2-6-104. Inspection and disclosure of confidential records without court order
Section 2-6-105. Inspection and disclosure of juvenile court records without court order
Section 2-6-106. Inspection and disclosure of the Choctaw Nation Department of Children and Family Services records without court order
Section 2-6-107. Fingerprinting of persons under 18
Section 2-6-108. Effect of adjudication—Sealing of records—Order unsealing sealed records—Destruction of records
Section 2-6-109. Expungement of open juvenile court record
Section 2-6-110. Procedures for providing certain records to tribal police—Confidentiality
Chapter 7-Juvenile Justice
Section 2-7-303. Community-based programs
Section 2-7-304. Reserved
Section 2-7-305. Agreements to establish or maintain community-based youth service programs, shelters and community intervention centers
Section 2-7-306. Reserved.
Section 2-7-307. Reserved.
Section 2-7-308. Management information system—Integration with other management information systems—Access to confidential records and reports
Section 2-7-309. Reserved
Section 2-7-310. Defining services and programs
Section 2-7-311. Annual review of programs and services—Reports
Section 2-7-501. Intake and probation services—Services related to juvenile offenders
Section 2-7-502. Child adjudicated in need of supervision—Placement—Rehabilitative facilities—Mental health treatment
Section 2-7-503. Delinquent children—Intent of Tribal Council—Powers and duties of the
Choctaw Nation Children and Family Services
Section 2-7-504. Discharge of children adjudicated delinquent—Retention of custody and jurisdiction
Section 2-7-601. Juveniles placed in Department-operated institutions and facilities—Powers and duties of Department
Section 2-7-602. Methods of administration—Superintendent as guardian
Section 2-7-603. Rules, policies and procedures required in facilities
Section 2-7-604. Physical force, when authorized—Mechanical restraints—Chemical agents
Section 2-7-605. Escape or run away from institutional placement
Section 2-7-606. Reserved.
Section 2-7-607. Reserved.
Section 2-7-608. Reserved
Section 2-7-609. Facilities and residential programs—Legislative intent
Section 2-7-610. Reserved
Section 2-7-611. Secure facilities—Violations
Section 2-7-612. Reserved.
Section 2-7-613. Foster Care Program for Children in Custody of the Department
Section 2-7-614. Foster Care Placements for Children in Custody of the Department
Section 2-7-615. Contracts with Foster Care Placement Providers
Section 2-7-801. Juvenile Offender Victim Restitution Work Program
Section 2-7-802. Juvenile Justice Public Works Program Juvenile Offender Tracking Program
Section 2-7-901. Purpose—Short title
Section 2-7-902. Definitions
Section 2-7-903. Juvenile Offender Tracking Program—Components
Section 2-7-904. Implementation of Program—Duties of agencies
Section 2-7-905. Juvenile Justice Information System—Functions—Duties of agencies-Plan for implementation
Chapter 8. Juvenile Sex Offender Registration Act
Section 2-8-101. Short title
Section 2-8-102. Juvenile sex offender defined
Section 2-8-103. Juvenile sex offender registry—Information included
Section 2-8-104. Application register—Criteria for qualifying—Court order
Section 2-8-105. Juvenile sex offenders ordered to probation—Notification of duty to register
Section 2-8-106. Annual registration—Notification of change of name and address
Section 2-8-107. Failure to register or provide notification of change of name or address
Section 2-8-108. Transfer of registration to adult sex offender registry—Petition
Section 2-8-109. Juveniles not subject to act
Section 2-8-110. Disclosure of information—Immunity from liability
Section 2-8-111. Use of information to commit crime or cause physical harm or damage to property—Penalties
Section 2-8-112. Rules, procedures, and forms Crimes Involving Juveniles
Section 2-8-221 - Transmission of Child Pornography
Section 2-8-222 - Intoxicating beverages—Possession by persons under age 21 unlawful
Section 2-8-223 - Penalties
Section 2-8-224 - Tobacco Purchase by Person Under 18 Years of Age Prohibited
Chapter 9. Reserved
Chapter 10. Reserved
Chapter 11. Choctaw Nation Minor Identification Act
Section 11-101. Short title
Section 11-102. Definitions
Section 11-103. Issuance of Fingerprint Identification Card
Section 11-104. Intent of the Tribal Council
Section 11-105. School fingerprinting programs
Choctaw Nation Juror Code:
Section 1. Jury pool
Section 2. Random Selection
Section 3. Drawing jury panels
Section 4. Certifying and Juror Names
Section 5. Delivery of envelopes
Section 6. Sealing and retaining juror name cards
Section 7. Summoning Jurors
Section 8. Jury Panel – oath or affirmation
Section 9. On-call systems jurors
Section 10. Selecting trial jurors from panel
Section 11. Qualifications and exemptions of jurors
Section 12. Substantial compliance
Section 13. Number of jurors
Section 14. Challenges to jurors
Section 15. Role of the court and jury
Section 16. Jury Selection
Section 17. Oath to the jury
Section 18. Discharge of employee for jury service
Section 19. Asking jurors their address or telephone number in presence of defendant prohibited
Section 20. Adverse action against student for jury service prohibited
Section 21. Fees and mileage for jurors
Section 22. Conduct of jury during trial
Choctaw Nation Children's Code:
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
Section 1-1-101. Short Title – Contents of the Code – Effect of Captions
Section 1-1-102. Legislative Intent and Purpose
Section 1-1-103. Jurisdiction – Transfers to and from other Courts
Section 1-1-104. Enforcement Authority
Section -1-105. Definitions
CHAPTER II. REPORTING AND INVESTIGATION
Section 1-2-101. Duty to Report Abuse or Neglect of Child Under Eighteen - Failure to Report -False Report
Section 1-2-102. Preliminary Safety Analysis, Assessment and Investigation - Report and Findings – Referrals
Section 1-2-103. Judicial Request for Investigation of Criminally Injurious Conduct
Section 1-2-104. Immunity from Civil or Criminal Liability
Section 1.2.105. Prompt Investigation of Child Abuse or Neglect - Health Records - Written Report - Temporary Restraining Order
Section 1.2.106. Notice of Complaint or Allegation to be Provided to Person Being Investigated
Section 1-2-107. Information Provided to Person or Agency Providing Professional Service
Section 1-2-108. Central Registry for Child Abuse, Sexual Abuse and Neglect – Maintenance of Registry – Contents – Confidentiality .
Section 1-2-109. Relinquishment of child to medical Services Provider or Child Rescuer
Section 1-2-110. Reserved
CHAPTER III. MEDICAL AND BEHAVIORAL HEALTH TREATMENT
Section 1-3-101. Authorization to Consent to Medical or Dental Care
Section 1-3-102. Authorization to Consent to Emergency Medical Care
Section 1-3-103. Civil and Criminal Immunity for Persons Acting Pursuant to Act, Court Order, or Consent
CHAPTER IV. COURT PROCEEDINGS
PART 1. JURISDICTION.
Section 1-4-101. Jurisdiction - Temporary Order - InterlocutoryRelief - Conflicting Orders -Venue - Transfer of Proceedings
Section 1-4-102. Custody or Visitation Proceeding - Evidence of Child Abuse or Neglect - Referral for Investigation - Prosecutor to Decide Whether to File Deprived Petition - Attorney or Guardian Ad Litem for Child
PART 2. PROTECTIVE AND EMERGENCY CUSTODY
Section 1-4-201. Child Taken into Custody Prior to Filing of Petition - Pre-Petition Emergency Custody Orders
Section 1-4-202. Notice of Custody Hearing
Section 1-4-203. Emergency Custody Hearing
Section 1-4-204. Award of Custody or Determination of Placement - Preference for Relatives and Persons with Kinship Relationship
Section 1-4-205. Records of Child Released from Protective Custody Prior to Hearing - Petition for Deprived Child Proceeding - Hearings Order for Removal of Child from Home
Section 1-4-206. Restraining Order - Service - Hearing - Notice of Order - Termination and Renewal - Penalties for Violation
Section 1-4-207. Immediate Assumption of Custody and Ordering of Necessary Actions
PART 3. PETITION, SUMMONS, APPOINTMENT OF COUNSEL AND OTHERS
Section 1-4-301. Verified Petition – Contents - Delivery with Summons – Signature
Section 1-4-302. Pleadings and Motions Subsequent to Petition - Amendment of Petition - Post-Adjudication Petition
Section 1-4-303. Scheduling of Hearing - Issuance and Contents of Summons – Service – Waiver of Service
Section 1-4-304. Service of Summons – Time of Adjudication Hearing – Distinct and Meaningful Search for Parents and Guardians
Section 1-4-305. Failure to Appear - Consent to Adjudication of Child to be Deprived – 3 Contempt – Warrants
Section 1-4-306. Appointment of Counsel, Guardian Ad Litem - Court Appointed Special Advocates – Access to Filed and Record
PART 4. DISCOVERY AND PRE-TRIAL PROCEEDING
Section 1-4-401. Applicability of Discovery Code and District Court Rules - Court Ordered Exchange of Information – Confidentiality - Scheduling and Other Orders
PART 5. CONDUCT OF HEARINGS
Section 1-4-501. Prosecutor to Prepare and Prosecute Case and Act as Petition in all Case
Section 1-4-502. Non-jury Trial
Section 1-4-503. Conduct of Hearings
Section 1-4-504. Alternative Dispute Resolution
Section 1-4-505. Applicability of Section - Admissibility of Child Statement Recorded before Proceedings Begin
Section 1-4-506. Testimony of Child Taken in Room Other Than Courtroom - Court Order
Section 1-4-507. Admissibility of Evidence
Section 1-4-508. Use Immunity
PART 6. ADJUDICATION HEARING
Section 1-4-601. Time for Adjudication Hearing - Effect of Delay - Stipulations - Testimony - Non-jury Trial
Section 1-4-602. Factual Allegations of Petition not Supported by a Preponderance of the Evidence
Section 1-4-603. Factual Allegations of Petition Supported by a Preponderance of the Evidence
PART 7. DISPOSITIONAL HEARINGS
Section 1-4-701. Costs and Expenses for Care and Maintenance of Child - Orders for Enforcement – Penalties for Willful Failure to Pay
Section 1-4-702. Paternity and Support of Alleged or Adjudicated Deprived Child - 4 Support Orders and Payments – Rules
Section 1-4-703. Examination of Child by Physician - Behavioral Health Evaluation - Investigation of Child’s Home Conditions and Environment
Section 1-4-704. Written Individualized Service Plan – Preparation - Disputes and Hearing – Contents – Modifications
Section 1-4-705. Placement of Child Custody with Individual, Agency, or Institution - Religious Faith of Parents or Child - Disqualifying Crimes and Offenses
Section 1-4-706. Time of Dispositional Hearing – Evidence - Modification of other Orders - Scheduling of Periodic Review and Permanency Hearings
Section 1-4-707. Dispositional Orders—Required Information
Section 1-4-708. Deprived Adjudication for Repeated Absence from School
Section 1-4-709. Required Conditions for Establishing Permanent Guardianship – Rights and Responsibilities of Permanent Guardian.
Section 1-4-710. Motion for Permanent Guardianship - Notice of Hearing—Home Assessment—Required Findings – Visitation – Order
Section 1-4-711. Modification or Termination of Permanent Guardianship
Section 1-4-712. Judicial Determinations Regarding Contrary to the Welfare, Reasonable Efforts to Prevent Removal, and Reasonable Efforts to Finalize Permanency Plan
PART 8. POST-DISPOSITIONAL PLACEMENT AND MISCELLANEOUS HEARING
Section 1-4-801. Review of Order Releasing Child from Custody
Section 1-4-802. Hearing to Determine Child's Placement or Release from Custody – Testimony
Section 1-4-803. Court Ordered Placement with Child and Family Services
Section 1-4-804. Notice when Child in Custody of Department Moved to Another Location - Time of Notice – Hearing
Section 1-4-805. Child in Custody of Department or Child-Placing Agency for more than Three Months – Removal - Change of Foster Placement
Section 1-4-806. Trial Home Reunification - Duties of Department of Children and Family Services – Termination
Section 1-4-807. Periodic Review Hearings—Review of Case Regarding Child Alleged or Adjudicated to be Deprived - Notice to Foster Parent, Pre-Adoptive Parent, or Relative – Findings
Section 1-4-808. Written Report for Review Hearing - Scope of Report - Child’s Access to Counse
Section 1-4-809. Permanency Hearing Upon Finding that Reasonable Efforts to Prevent Removal of Child from Home or Reunify Child with Family not Required
Section 1-4-810. Child in Out-of-Home Care for Twelve Months or Longer - Meeting - Report Prior to Permanency Hearing - Proposed Permanency Plan
Section 1-4-811. Permanency Hearing
Section 1-4-812. Eligibility of Foster Parent to Adopt—Factors to be Considered by Court
Section 1-4-813. Agreements and Court Orders Permitting Post-Adoption Contact between Birth Relatives and the Child—Steps to Facilitate Ongoing Sibling Contact or Visitation
Section 1-4-814. Modification of Decrees or Orders
PART 9. TERMINATION OF PARENTAL RIGHTS
Section 1-4-901. Petition or Motion by prosecutor or Child’s Attorney—Duty of Prosecutor
Section 1-4-902. Conditions Requiring Prosecutor to File Petition or Motion for Termination of Parent-Child Relationship
Section 1-4-903. Adoption as a Permanency Plan—Good Cause not to Terminate Parental Rights
Section 1-4-904. Termination of Parental Rights in Case Involving Petition for Deprived Status of Child
Section 1-4-905. Notice of Hearing to Terminate Parental Rights
Section 1-4-906. Effect of Termination of Parental Rights
Section 1-4-907. Placement with Individual or Agency—Authority to Consent to Adoption—Effect of Final Decree of Adoption
Section 1-4-908. Permanency Hearing—Continued Jurisdiction over the Child
Section 1-4-909. Request by Child for Reinstatement of Terminated Parental Right
CHAPTER V. APPEAL
Section 1-5-101. Appeals
Section 1-5-102. References to Child in Appellate Opinions
Section 1-5-103. Time for Filing Petition - Completion of Record - Briefing Schedule -Expedited Adjudication of Appeal
CHAPTER VI. CHILDREN’S RECORDS
Section 1-6-101. Duty to Keep Records of Cases Brought before the Court – Definitions
Section 1-6-102 Confidential Records - Authorization for Inspection, Disclosure, Correction, or Expungement of Records – Fees
Section 1-6-103. Inspection of Juvenile Court Records and Department of Children and Family Services Agency Records without Court Order
Section 1-6-104. Access to Juvenile Court Record including more than one Child
Section 1-6-105. Cases Involving Death or Near Death of a Child—Release of Certain Information to the Public
Section 1-6-106. Social Records not to be Filed in Court Record unless Ordered by the Court – Confidentiality
Section 1-6-107. Confidentiality of Reports and Records - Penaltiesfor Violations of Confidentiality
Section 1-6-108. Maintenance of Court and Agency Records Regarding Deprived Children
Section 1-6-109. Foster Care Maintenance System
CHAPTER VII. PERSONS OR AGENCIES RECEIVING CUSTODY - RIGHTS AND DUTIES
Section 1-7-101. Persons, Institutions, or Agencies Receiving Custody - Rights and Duties
Section 1-7-102. Department of Children and Family Services to Care for Deprived Children
Section 1-7-103. Additional Duties and Powers of Department
Section 1-7-104. Information to Accompany Child in Out-of-Home Care - Passport Program
Section 1-7-105. Rules, Regulations, Policies, and Procedures Regarding Children in Department Custody
Section 1-7-106. Foster Care Placement - Kinship Relationship - Treatment Needs of Child - Case Plan Goals
Section 1-7-107. Placement of Siblings in the Same Home—Contact or Visitation for Separated Siblings
Section 1-7-108. Liability for Costs and Expenses in Excess of Funding for Foster Care Services
Section 1-7-109. Foster Placement—License or Authorization
Section 1-7-110. Placement of Deprived Child in Foster Care - Best Interests of Child - Child’s Preference
Section 1-7-111. Prerequisites for Placement of Child in Foster Home and for Court Awards of Custody to Individual or Child-Placing Agency other than Department
Section 1-7-112. Voluntary Foster Care Placement – Procedures
Section 1-7-113. Required Visitations by Department of Children and Family Services or Placement Agency
Section 1-7-114. Costs of Foster Parent Eligibility Assessment and National Criminal History Records Search
Section 1-7-115. Removal from Home Due to Allegations of Abuse or Neglect - Emergency Placement
CHAPTER VIII. MISCELLANEOUS PROVISIONS
Section 1-8-101. Education and Training Requirements - Judicial Personnel, Prosecution Officials, Public Defenders, and Attorneys
Section 1-8-102. Court-Appointed Special Advocate – Training - Criminal History Records Search—Immunity from Civil Liability
Section 1-8-103. Referees
Section 1-8-104. Mileage of Witnesses - Reimbursement for Expert Witnesses
Section 1-8-105. Willful Violation of Court Order—Penalties
Section 1-8-106. Report of Missing Child or Issuance of Fingerprint Card
Section 1-8-107. Transportation of Child Subject to Deprived Proceeding
Section 1-8-108. Court Appointed Guardian Ad Litem of the Estate of a Child
Section 1-8-109. Process for Conducting Background Checks, Fingerprinting, and Personal Care Applications - Limits on Number of Children a Person May Care For
Section 1-8-110. Compliance with Title IV-E of the Social Security Act, 42 U.S.C. 670 et seq
Section 1-8-111 Timely Interstate Placement of Children
Section 1-8-112 Sex Trafficking Victims and Missing Children
CHAPTER IX. PROGRAMS, CONTRACTS, AND ADMINISTRATIVE PROVISIONS
Section 1-9-101. Abuse and Neglect Reduction Services - Identification – Development
Section 1-9-102. Reserved
Section 1-9-103. Reserved
Section 1-9-104. Reserved
Section 1-9-105. Planning New Programs, Services and Major Modifications - Evaluation - Monitoring – Review
Section 1-9-106. Kinship Foster Care
Section 1-9-107. Independent Living Act – Purpose – Eligibility
Section 1-9-108. Reserved
Section 1-9-109. Reserved
Section 1-9-110. Community Based Services and Care - Proceduresfor Letting of Grants or Contracts – Proposals
Section 1-9-111. Reserved
Section 1-9-112. Grievance Procedures
Section 1-9-113. Shelter and Care for minor Mother who is Victim of Domestic 9 Abuse Emergency Situations - Show Cause Hearing
Section 1-9-114. Duty to Recruit Foster Parents from Relatives and Kin of Child - Ethnic and Racial Diversity among Adoptive and Foster Families
Section 1-9-115. Promotion of Development of Foster Parent Association
Section 1-9-116. Foster Care Education Program and Training
Section 1-9-117. Report Concerning Employee of Department or Child-placing Agency
Section 1-9-118. Written Agreement with Foster Care Placement Provider - Information Provided to Foster Parents - Supervision of Places Children
Section 1-9-119. Statement of Foster Parent’s Rights
Section 1-9-120. Grievance Procedures—Minimum Requirements - Maintenance of Records - Right to Present Grievances
Section 1-9-121. Declarations and Findings of Tribal Council
Section 1-9-122. Supported Guardianshi
CHAPTER X. UNIFORM PARENTAGE ACT
Article 1. General Provision
Section 1-10-101. Citation
Section 1-10-102. Definitions
Section 1-10-103. Scope of Act - Choice of law - Jurisdiction of the District Court
Article 2. Parent - Child Relationship
Section 1-10-201. Establishment of Parent - Child Relationship
Section 1-10-202. Equal Rights of Marital and Nonmarital Children
Section 1-10-203. Application of Established Parent - Child Relationship
Section 1-10-204. Presumption of Paternity
Article 3. Acknowledgement of Paternity
Section 1-10-301. Voluntary Acknowledgment of Paternity
Section 1-10-302. Requirements of Acknowledgment—Void and Voidable Acknowledgment
Section 1-10-303. Denial of Paternity – Validity
Section 1-10-304. Execution of Acknowledgment and Denial - Effective date - Execution by Minors
Section 1-10-305. Effect of Acknowledgment or Denial
Section 1-10-306. Reserved
Section 1-10-307. Rescission of Acknowledgment or Denial
Section 1-10-308. Proceeding to Challenge Acknowledgment or Denial - Commencement - Burden of Proof
Section 1-10-309. Proceeding to Challenge Acknowledgment or Denial – Procedure
Section 1-10-310. Ratification of Unchallenged Acknowledgment Prohibited
Section 1-10-311. Full Faith and Credit
Article 4. Reserved
Article 5 Genetic Testing
Section 1-10-501. Scope of Article
Section 1-10-502. Order for Genetic Testing - Order for In Utero Testing not Allowed
Section 1-10-503. Requirements of Testing - Objection to Calculation – Retesting
Section 1-10-504. Report of Testing—Chain of Custody
Section 1-10-505. Identification of father - Rebuttal
Section 1-10-506. Cost of Genetic Testing - Reimbursement of Costs Advanced by Department
Section 1-10-507. Additional Testing of Man Previously Identified by Genetic Testing as Father
Section 1-10-508. Others Who May be When Testing Specimen is Unavailable from Man Who May be Father
Section 1-10-509. Testing of a Deceased Individual
Section 1-10-510. Identical Brothers - Testing—Non-Genetic Evidence to Determine Father
Section 1-10-511. Release of Report of Genetic Testing
Article 6. Proceedings to Adjudicate Parentage
Part 1. Nature of Proceeding
Section 1-10-601. Civil Proceeding to Adjudicate Parentage
Section 1-10-602. Who May Maintain Proceeding to Adjudicate Parentage
Section 1-10-603. Who may be Joined
Section 1-10-604. Personal Jurisdiction
Section 1-10-605. Venue
Section 1-10-606. Commencement of Proceeding - Child Attaining Adulthood - Earlier Proceeding
Section 1-10-607. Limitation of Actions
Section 1-10-608. Circumstances Requiring and Effect of Denial of Motion for Genetic Testing - Factors - Incapacitated or Minor Child
Section 1-10-609. Time Limitation for Commencing Proceeding - Signatory to Acknowledgement of Paternity – Others
Section 1-10-610. Joinder of Proceedings
Section 1-10-611. Commencement of Proceedings before Birth of Child - Actions that may be taken before Child’s Birth
Section 1-10-612. Child not Necessary Party - Guardian Ad Litem
Part 2. Special Rules for Proceeding to Adjudicate Parentage
Section 1-10-621. Admissibility of Records - Genetic Testing Experts - Admissibility of Results of Genetic Testing and Copies of Bills
Section 1-10-622. Contempt of Testing Order - Refusal to Submit to Testing - Failure to Answer or Appear - Testing of Mother
Section 1-10-623. Admission of Paternity
Section 1-10-624. Temporary Order for Support - Custody and Visitation
Part 3. Hearings and Adjudications
Section 1-10-631. Rules to Adjudicate Paternity of a Child
Section 1-10-632. Court Shall Adjudicate Paternity
Section 1-10-633. Close of Proceedings - Availability of Final Order and Other Papers and Records
Section 1-10-634. Order Adjudicating Paternity - When Issued
Section 1-10-635. Dismissal for Want of Prosecution must be Without Prejudice
Section 1-10-636. Orders - Assessment of Fees and Costs - Child’s Surname - Amended Birth Certificate
Section 1-10-637. Upon Whom Determination of Parentage is Binding – Other Proceedings - Defensive Use – Appeal.
Article 7. Reserved
Article 8. Reserved
Article 9. Miscellaneous Provisions
Section 1-10-901. Application and Construction of Act - Uniformity of Law
Section 1-10-902. Effect of Act on Proceedings Commenced or Executed Before Effective Date of Act
Section 1-10-903. Custody of Child Born Out of Wedlock
CHAPTER XI. KINSHIP GUARDIANSHIP ASSITANCE PROGRAM
Section 1-11-101. Eligibility
Section 1-11-102. Payments
Section 1-11-103. Agreements
Section 1-11-104. Safety
Section 1-11-105. Case Plan Requirements
Choctaw Nation Adoption Code:
Article 1. Policy and General Definitions
Section 1-1.1. Short Title--Composition of Code
Section 1-1.3. Definitions
Article 2. Jurisdiction, Venue and Choice of Law
Section 2-1.1. Jurisdiction
Section 2-1.2. Venue
Section 2-1.3 Jurisdiction
Section 2-1.4 Adoptions Issued by Foreign Countries, States, or Other Tribes
Article 3. Adoption of Minors
Section 3-1.1 Eligibility to Adopt
Section 3-1.2. Written Adoption Full-Disclosure Statement – Signatures
Section 3-2.1. Who May Consent
Section 3-2.2. When Consent May be Given
Section 3-2.3. Permanent Relinquishments
Section 3-2.4. Contents of Consent to Adoption
Section 3-2.5. Acknowledgment of Consent to Adoption or Permanent Relinquishment before Judge - Affidavit of Nondisclosure
Section 3-2.6. Extrajudicial Consent
Section 3-2.7. Setting Aside Permanent Relinquishment or Consent to Adoption
Section 3-3.1. Notice of Plan for Adoption
Section 3-3.2. Notice of Filing of Paternity Action by Putative Father
Section 3-4.1. Temporary Orders of Custody
Article 4. Medical and Social Histories
Section 4-1.1. Medical and Social History Report
Section 4-1.2. Disclosure
Article 5. Adoption Proceedings
Section 5-1.1. Confidential Character of Hearings and Records – Release – Exceptions – Misdemeanor
Section 5-1.2. Appointment of Attorney and Guardian Ad Litem
Section 5-1.3. Court Clerk or Deputy May Affix Signature of Judge to Order and Notice of Hearing
Section 5-1.4. Priority on docket--Proceedings to be Expedited
Section 5-1.5. Visitation Agreements Between Child, Adoptive Parents and Birth Relative
Section 5-2.1. Pre-Adoption Termination of Parental Rights
Section 5-3.1. Contents
Section 5-3.2. Costs, Funds, or Monies Expended by Adoptive Family – Disclosure
Section 5-4.1. Application – Notice – Hearing – Order – Appeal
Section 5-4.2. Exceptions to Requirement of Parental Consent
Section 5-4.3. Inquiry to Identify Unknown or Putative Father
Section 5-5.1. Favorable Pre-Placement Home Study Required – Waiver – Exception - Placement Not Approved in Certain Circumstances
Section 5-5.2. Subsequent Home Study – Waiver
Section 5-5.3. Contents of Home Study
Section 5-5.4. Persons or Agencies Authorized to Conduct Home Studies
Section 5-6.1. Interlocutory Decree
Section 5-6.2. Filings Required Prior to Final Hearing
Section 5-6.3. Application for Final Decree - Waiver of Interlocutory Decree and Waiting Period--Notice of Hearing – Appearance - Entry of Final Decree
Section 5-6.4. Denial of Petition for Adoption
Section 5-6.5. Effect of Final Decree--Grandparental Rights
Section 5-6.6. Certificate of adoption--Supplementary birth certificate--Sealed records - Disclosure of original records
Section 5-7.1. Appeals
Section 5-7.2. Limitations on Challenge to Adoption or Termination of Parental Rights - Effect of Appeal - Best Interests of Child
Section 5-8.1. Adoption Dissolution Statistics to be Published
Article 6. Paternity Registry
Section 6-1.1. Paternity Registry
Section 6-1.2. Revocation of Notice of Intent to Claim Paternity - Removal of Registrant’s Name from Registry
Article 7. Adult Adoptions
Section 7-1.1. Adult Adoptions
Article 8. Records Retention
Section 8-1.1. Records retention
Article 9. General Provisions
Section 9-1.1. Conditions for Discharges of Infants from Medical Facilities
Section 9-1.2. Confidential Index of Birth and Adoptive Names
Article 10. Adoption Exchange
Section 10-1.1. Department of Children and Family Services to Contract or Join with Adoption Exchange - Information to be Provided – Definitions
Section 10-1.2. Photograph and Description of Child to be Provided to Exchange
Section 10-1.3. Exemptions
Section 10-1.4. Change in Status of Child Listed by Exchange
Section 10-2.5. Withdrawal of Child from Register
Article 11. Interstate Compact for the Placement of Children
Section 11-1.1 Interstate Compact for the Placement of Children
Article I. Purpose
Article II. Definitions
Article III. Applicability
Article IV. Jurisdiction
Article V. Placement Evaluation
Article VI. Placement Authority
Article VII. Placing Agency Responsibility
Article VIII. Interstate Commission for the Placement of Children
Article IX. Powers and Duties of the Interstate Commission
Article X. Organization and Operation and Operation of the Interstate Commission
Article XI. Rulemaking Functions of the Interstate Commission
Article XII. Oversight, Dispute Resolution, Enforcement
Article XIII. Financing of the Commission
Article XIV. Member States, Effective Date and Amendment
Article XV. Withdrawal and Dissolution
Article XVI. Severability and Construction
Article XVII. Binding Effect of Compact and Other Laws
Article XVIII. Indian Tribes
Article 11.2 Adoptions Beyond Territorial Boundaries
Article 12. Adoption Assistance Agreements
Section 12-1.1 Adoption Assistance Agreements
Section 12-1.2 Child with Special Needs
Section 12-1.3 Adoption Assistance Payments – Eligibility
Section 12-1.4 Adoption Assistance Payments – Amount
Section 12-1.5 Adoption Assistance Payments – Termination
Section 12-2.1 Insurance Required
Section 12-2-2 Previously Adopted Children
Section 12-2.3. Kinship Guardianship Assistance
Code of Civil Procedure:
Chapter 1. Preliminary Provisions.
Section 1. Title of Chapter.
Section 2. Force of Common Law and Effect of Tribal Custom.
Section 3. Legislative Purpose .
Section 4. Reserved.
Section 5. Reserved.
Section 6. Reserved.
Section 7. Reserved.
Section 8. Reserved.
Section 9. Reserved.
Section 10. Reserved.
Section 11. Reserved.
Section 12. Reserved.
Section 13. Reserved.
Section 14. Reserved.
Section 15. Reserved.
Section 16. Reserved.
Section 17. Reserved.
Section 18. Reserved.
Chapter 1B. Professional Negligence.
Section 19. Affidavit of Consultation with Qualified Expert--Extension--Exemption
Section 20. Reserved.
Chapter 2. General Provisions
Section 21. Reserved.
Section 22. Books to be Kept by the District Court Clerk.
Section 23. Appearance Docket.
Section 24. Journal Record--Instruments to be Entered.
Section 24.1 Disposal of Records.
Section 25. Reserved.
Section 25.1. Reserved.
Section 26. Reserved.
Section 27. Clerk May Collect Judgment and Costs.
Section 28. Clerks to Issue Writs and Orders—Preparation.
Section 29. Clerks to File and Preserve Papers—Refusal to File Sham Legal Process.
Section 30. Each Case to be Kept Separate--Correction of Case Number or other Identifying Data.
Section 31. Endorsements.
Section 31.1. Removal of Records or Files from the Office of the Court Clerk.
Section 32. Entry on Return of Summons.
Section 32.1. Material for Record.
Section 32.2. Reserved.
Section 32.3. Reserved.
Section 33. Clerk to Keep Court Records, Books and Papers--Statistical and Other Information for the Court of Appeals and the Tribal Council.
Section 34. Applicable to What Courts.
Section 35. Powers and Duties of Clerks--Statistical and Other Information for the Court of Appeals and the Tribal Council.
Section 35.1. Reserved.
Section 36. Reserved.
Section 37. Reserved.
Section 38. Seal of the Clerk of the District Court
Section 39. Reserved.
Section 40. Reserved.
Section 41. Reserved.
Section 42. Reserved.
Section 43. Reserved.
Section 44. Reserved.
Section 45. Reserved.
Section 46. Reserved.
Section 47. Reserved.
Section 48. Reserved.
Section 49. Reserved.
Section 50. Reserved.
PROCESS, SUMMONS, SUBPOENAS AND SERVICE.
Section 51. Style of Process
Section 52. Appointment of a Substitute for Service of Process.
Section 53. Tribal Police or Process Server to Endorse the Time of Receipt on Process.
Section 54. Tribal Police or Process Server must Execute and Return Process—Penalties for Failure to Execute or Return Process.
Section 55. Reserved.
Section 56. Reserved.
Section 57. Reserved.
Section 58. Reserved.
Section 59. Reserved.
Section 60. Reserved.
BONDS -- SURETIES
Section 61. Justification of Surety
Section 62. Qualifications of Surety
Section 63. Real Estate Mortgage as Bond
Section 64. Valuation of Real Estate
Section 65. Reserved.
Section 66. Tribe as a Party--Bond Not Required--Automatic Stay--Payment of Costs
Section 67. Reserved.
Section 68. Appearance Bond--Application of Penalty--Right to Enforce
Section 69. Reserved.
Section 70. Reserved.
Section 71. Deputy May Perform Official Duties
Section 72. Affirmation
Section 73. Reserved.
Section 74. Court of Appeals Rules
Section 75. Publications in ―Patent Insides‖
Section 76. Action on Official Bond
Section 77. May be Several Actions on Same Security
Section 78. Immaterial Errors to be Disregarded
Section 79. Reserved.
Section 80. Reserved.
Section 81. Payments into Court for Minor or Incompetent Person--Disposition
Section 82. Reserved.
Section 83. Conserving Monies Obtained for or on Behalf of Persons under Eighteen Years of Age in Court Proceedings.
Section 84. Reserved.
Section 85. Reserved.
Section 86. Reserved.
Section 87. Reserved.
Section 88. Reserved.
Section 89. Reserved.
Section 90. Reserved.
Chapter 2A.--Appendix. Rules for the District Court.
Rule 1. Effect of Code on Pending Actions.
Rule 2. Service and Proof of Service
Rule 3. Objections to Service and Venue.
Rule 4. Motions.
Rule 4.1. Time to Assert Various Claims.
Rule 5. Pretrial Proceedings.
Rule 7. Motions to Confirm Sales.
Rule 8. Dissolution of Marriage, Separate Maintenance and Annulment Cases; Waivers.
Rule 8.1. Payment of Certain Fees and Costs through the Office of the Court Clerk.
Rule 8.2. Reserved.
Rule 8.3. Indirect Contempt for Failure to Pay Child Support--Purge Fee.
Rule 9. Diligence in Prosecution.
Rule 10. Notice of taking Default Judgment.
Rule 11. Judges; Uniformity of Rulings.
Rule 12. Reserved.
Rule 13. Summary Judgment or Summary Disposition of Issues
Rule 14. Reserved.
Rule 15. Disqualification of Judges in Civil and Criminal Cases.
Rule 16. Default Judgment against defendant Served Solely by Publication.
Rule 17. Motion for New Trial.
Rule 18. Parole Revocation—Juveniles.
Page 5 of 359 CB-91-11 Rule 19. Vacation of Final Judgments.
Rule 20. Direct Contempt.
Rule 21. Reserved.
Rule 22. Garnishee Summons.
Rule 23. Orders of Attachment.
Rule 24. Reserved.
Rule 25. Reserved.
Rule 27. Matters Taken Under Advisement.
Rule 28. Reserved.
Rule 29. Indigent defendant in Civil Contempt Action--Right to Counsel--Attorney Fees.
Rule 30. Reserved.
Chapter 3. Limitation of Actions.
Section 91. Actions Barred not Revived.
Section 92. Limitations Applicable.
Section 93. Limitations of Real Actions
Section 94. Persons under Disability--Time to Sue to Recover Realty.
Section 95. Limitation of Other Actions.
Section 96. Persons under Disability in Actions other than to Recover Realty--Exceptions-- Personal Injury to Minor Arising from Medical Malpractice.
Section 97. Reserved.
Section 98. Absence or flight of defendant--Effect of other laws.
Section 99. Reserved.
Section 100. Limitation of New Action after Reversal or Failure Otherwise than on the Merits.
Section 101. Extension of Limitation--Part Payment, Acknowledgment or New Promise.
Section 102. Statutory Bar Absolute—Exception.
Chapter 4. Reserved.
Chapter 5. Reserved.
Chapter 6. Reserved.
Chapter 7. Parties.
Section 221. Parties, Plaintiff and defendant; Capacity.
Section 222. Joinder of Claims, Remedies, and Actions.
Section 223. Joinder of Persons Needed for Just Adjudication.
Section 224. Permissive Joinder of Parties.
Section 225. Misjoinder and Non-Joinder of Parties.
Section 226. Interpleader.
Section 228. Intervention.
Section 229. Substitution of Parties.
Chapter 8. Reserved.
Chapter 9. Reserved.
Chapter 10. Evidence.
Section 421. Modes of Taking Testimony.
Section 422. Affidavit defined.
Section 423. Reserved.
Section 424. Reserved.
Section 425. Reserved.
Section 426. Statement under Penalty of Perjury.
AFFIDAVITS AND DEPOSITIONS
Section 431. Use of Affidavit.
Section 432. Where and before whom taken.
Chapter 11. Trial.
Section 551. Trial Defined.
Section 552. How Issues Arise—Kinds of Issues.
Section 553. Reserved.
Section 554. Reserved.
Section 555. Reserved.
Section 556. Trial of Issues.
Section 557. Reserved.
Section 558. Reserved.
Section 559. Reserved.
Section 560. Reserved.
Section 561. Reserved.
Section 562. Reserved.
Section 563. Reserved.
Section 564. Reserved.
Section 565. Reserved.
Section 566. Reserved.
Section 567. Reserved.
Section 568. Reserved.
Section 569. Reserved.
Section 570. Reserved.
Section 571. Reserved.
Section 572. Reserved.
Section 573. Reserved.
Section 574. Reserved.
Section 575. Reserved.
Section 576. Reserved.
Section 577. Order of Trial.
Section 578. Reserved.
Section 579. Reserved.
Section 580. Reserved.
Section 581. Reserved.
Section 582. Reserved.
Section 583. Reserved.
Section 584. Retrial.
Section 585. Reserved.
Section 586. Reserved.
Section 588. Proof of Official Record.
Section 589. Determination of Foreign Law.
Section 590. Appointment and Duties of Masters.
Section 591. Reserved.
Section 592. Reserved.
Section 593. Reserved.
Section 594. Reserved.
Section 595. Reserved.
Section 596. Reserved.
Section 597. Reserved.
Section 598. Reserved.
Section 599. Reserved.
Section 600. Reserved.
Section 601. Reserved.
Section 602. Reserved.
Section 603. Reserved.
Section 604. Reserved.
Section 605. Reserved.
Section 606. Reserved.
Section 607. Reserved.
Section 608. Reserved.
Section 609. Reserved.
Section 610. Reserved.
Section 611. Statement of Findings and Conclusions of Law.
Section 612. Reserved.
Section 613. Reserved.
Section 614. Reserved.
Section 615. Reserved.
Section 616. Reserved.
Section 617. Reserved.
Section 618. Reserved.
Section 619. Reserved.
Section 620. Reserved.
Section 621. Reserved.
Section 622. Reserved.
Section 623. Reserved.
Section 624. Reserved.
Section 625. Reserved.
Section 626. Reserved.
Section 627. Reserved.
Section 628. Reserved.
Section 629. Reserved.
Section 630. Exceptions—How Taken to Action of the Court.
Section 631. Reserved.
Section 632. Reserved.
Section 633. Reserved.
Section 634. Reserved.
Section 635. Reserved.
Section 636. Reserved.
Section 637. Reserved.
Section 638. Reserved.
Section 639. Reserved.
Section 640. Reserved.
Section 641. Reserved.
Section 642. Reserved.
Section 643. Reserved.
Section 644. Reserved.
Section 645. Reserved.
Section 646. Reserved.
Section 647. Reserved.
Section 648. Reserved.
Section 649. Reserved.
Section 650. Reserved.
Section 651. New Trial—Definition—Causes for.
Section 652. Reserved.
Section 653. Time for Filing Application for New Trial.
Section 654. Making of Application—Affidavits.
Section 655. Petition for New Trial.
Section 656. Reserved.
Section 657. Reserved.
Section 658. Reserved.
Section 659. Reserved.
Section 660. Reserved.
Section 661. Rate of Damages Recoverable.
Chapter 12. Judgment.
Section 681. Judgment defined.
Section 682. Judgment Given for or against Several Persons; Petition Dismissal; Costs.
Section 683. Default Judgment.
Section 684. Offer of Judgment.
Section 685. Judgment for Specific Acts; Vesting Title.
Section 686. Summary Judgment.
Section 687. Entry of Judgment.
Section 688. New Trials; Amendments of Judgments.
Section 689. Relief from Judgment or Order.
Section 690. Harmless Error.
Section 691. Stay of Proceedings to Enforce a Judgment.
Section 692. Disability of a Judge.
Section 693. Judgment against Infant.
Section 694. Judgment as Liens.
Section 695. Discharge of Money Judgment Liens.
Section 696. Additional Cash Deposits.
Section 696.1. Reserved.
Section 696.2. Judgment, Decree or Appealable Order to be Written; Preparation of Written Documents; Filing; Mailing; Effect.
Section 696.3. Judgments, Decrees and Appealable Orders that are Filed Should contain the following.
Section 696.4. Provision for Costs, Attorney Fees, and Interest.
Section 697. Reversal by Court of Appeals.
Section 698. Reserved.
Section 699. Interest on Money Judgment.
Section 700. Exempt Property; Homestead; Area and Value; Indian Allottees; Temporary Renting.
Chapter 13. Provisional and Final Remedies and Special Proceedings.
Section 731. Seizure of Person or Property.
Section 732. Receivers Appointed by the Courts.
Section 733. Deposit in Court.
Section 734. Process on Behalf of and Against Persons not Parties.
Section 735. Security; Proceedings against Sureties.
Section 736. Execution.
Section 737. Injunction Defined.
Section 738. Cause for Injunction; Temporary Restraining Order.
Section 739. Temporary Restraining Order; Notice; Hearing; Duration.
Section 740. Temporary Restraining Order; Service.
Section 741. Preliminary Injunction.
Section 742. Preliminary Injunction; Criteria.
Section 743. Form and Scope of Injunction or Restraining Order.
Section 744. Employer and Employee; Interpleader; Constitutional Cases.
Section 745. Security.
Section 746. Use of Affidavits.
Section 747. Injunction by defendant.
Section 748. Injunction is Equitable.
Section 749. Modification of Preliminary Injunction.
Section 750. Modification of Permanent Injunction; Separate Action.
Section 751. Injunctions Tried to the Court.
Section 752. Enforcement of Restraining Orders and Injunctions.
Section 753. Order of Delivery; Procedure.
Section 754. Penalty for Damage of Property Subject to Order of Delivery.
Section 755. Undertaking in Replevin.
Section 756. Replevin Bond; Value.
Section 757. Order of Delivery.
Section 758. Order Returnable.
Section 759. Execution of Order.
Section 760. Re-delivery on Bond.
Section 761. Exception to Sureties.
Section 762. Proceedings on Failure to Prosecute Action.
Section 763. Judgment; Damages; Attorney Fees.
Section 764. Officer May Break into Buildings.
Section 765. Compelling Delivery by Attachment.
Section 766. Improper Issue of Order of Delivery.
Section 767. Joinder of Cause of Action for Debt; Stay of Judgment.
Section 768. Grounds for Attachment.
Section 769. Attachment Affidavit.
Section 770. Attachment Bonds.
Section 771. Order of Attachment.
Section 772. When Returnable.
Section 773. Order of Execution.
Section 774. Execution of Attachment Order.
Section 775. Service of Order.
Section 776. Re-delivery on Bond.
Section 777. Nature of Garnishment.
Section 778. When Garnishment Available after Judgment; Written Directions Relating to Order of Garnishment.
Section 779. Answer of Garnishee; Form; Instructions
Section 780. Effects of Offsets Claimed by Garnishee.
Section 781. Trial.
Section 782. Judgment in Garnishment Proceedings.
Section 783. Bond of Defendant for Payment of Judgment
Section 784. Forms to be used.
Section 785. Child Support Payment; Income Assignment or Garnishment Proceedings.
Section 786. Income Assignment Proceedings.
Section 787. Payments Pursuant to Income Assignment.
Section 788. Appointment of Receiver.
Section 789. Persons Ineligible.
Section 790. Oath and Bond.
Section 791. Powers of Receiver.
Section 792. Investment of Funds.
Section 793. Disposition of Property Litigated.
Section 794. Punishment for Disobedience of Court.
Section 795. Vacation of Appointment by Court of Appeals.
Section 796. Definitions of Direct Contempt of Court and Indirect Contempt of Court.
Section 797. Judge’s Power to Cite Contempt; Impose Censure; Notice and Opportunity; Sanction
Section 798. Punishment for Contempt; Failure to Comply Child Support and other Orders.
Section 799. Indirect Contempts; Notice; Appearance Bond.
Section 800. Violation of Child Custody Court Order; Defense; Emergency Or Protective Custody.
Section 801. Substance of Offense Made Part of Record
Chapter 14. Reserved.
Chapter 15. Appeal and Error.
Section 951. Judgment by Court Inferior in Jurisdiction to District Court.
Section 952. Jurisdiction of Court of Appeals.
Section 953. Final Order Defined.
Section 954. Reserved.
Section 955. Reserved.
Section 956. Reserved.
Section 957. Reserved.
Section 958. Reserved.
Section 959. Reserved.
Section 960. Reserved.
Section 961. Reserved.
Section 962. Reserved.
Section 963. Reserved.
Section 964. Reserved.
Section 965. Reserved.
Section 966. Reserved.
Section 967. Reserved.
Section 968. Reserved.
Section 969. Reserved.
Section 970. Reserved.
Section 971. Reserved.
Section 972. Reserved.
Section 973. Reserved.
Section 974. Reserved.
Section 975. Reserved.
Section 976. Reserved.
Section 977. Reserved.
Section 978. Recovery of Costs When Judgment or Final Order is Reversed.
Section 978.1. Recovery of Costs for review of Certain Interlocutory Orders on Appeal or on Certiorari. 136 Section 979. Mistake, Neglect, or Omission of Clerk.
Section 980. Writs of Error and Certiorari Abolished.
Section 981. Reserved.
Section 982. Reserved.
Section 983. Reserved.
Section 984. Reserved.
Section 985. Reserved.
Section 986. Reserved.
Section 987. Reserved.
Section 988. Reserved.
Section 989. Reserved.
Section 990. Reserved.
Section 990A. Appeal to the Court of Appeals; Filing of Petition; Rules; Procedure; Dismissal.
Section 990.1. Jurisdiction of Court of Appeals.
Section 990.2. Post-Trial Motions; Matters Taken Under Advisement; Costs; Attorney Fees; and Interest.
Section 990.3. Judgment of Money; Relief other than the Payment of Money; Applicability of Provisions; Ten Day Stay.
Section 990.4. Stay of Enforcement of Judgment, Decree, or Final Order.
Section 990.5. Automatic Stay.
Section 991. Right to Perfect Appeal to the Court of Appeals without Filing Motion for New Trial; Exemption.
Section 992. Errors in Perfecting Appeal Must Be Raised Promptly; Waiver of Defect or Error.
Section 993. Appeals from Certain Interlocutory Orders; Undertaking.
Section 994. Procedure when there is more than one claim or party; Final Judgment.
Section 995. Dismissal of Frivolous Appeals; Sanctions.
Chapter 16. Trial Court Vacation and Modification of Judgments.
Section 1031. Power to Vacate or Modify its Judgments; Timing.
Section 1031.1. Motions to Correct, Open, Modify, or Vacate Judgment.
Section 1032. Mistakes or Omissions of the Court Clerk.
Section 1033. Motions after Thirty (30) Days.
Section 1034. Liens and Securities Preserved.
Section 1035. Order Suspending Proceedings.
Section 1036. Judgment before Trial.
Section 1037. Time Limitations.
Chapter 17. Survival and Abatement of Actions.
Section 1051. Additional Causes of Action.
Section 1052. Actions which Abate on Death of a Party.
Section 1053. Wrongful Death—Limitation of Actions—Damages.
Section 1054. Cause of Action Brought by Widow or Next of Kin.
Section 1055. Death of a Child.
Chapter 18. Revivor of Action.
Section 1081. Death of Party after Judgment.
Section 1082. Dissolved Partnerships.
Section 1083. Dismissal of any Actions in which no Pleadings have been Filed for a Year.
Section 1084. Enforcement of Contracts or Obligations.
Section 1085. Death of Nonresident.
Chapter 19. Miscellaneous Proceedings.
Section 1101. Offer—Acceptance by Plaintiff—Notice—Filing.
Section 1101.1 Actions for Person Injury, Wrongful Death and Certain Specified Actions— Other Actions—Evidence—Applicability—Severability.
Section 1102. Making of Offer Not Cause for Continuance or Postponement.
Section 1103. Agreement on Facts in Case—Submission of Same—Real Controversy and Good Faith Proceedings.
Section 1104. Case, Submission and Copy of Judgment Constitute Record.
Section 1105. Judgment—Enforcement—Subject to Reversal.
Section 1106. Defendant may offer in Court to Confess Judgment for Part of the Amount Claimed.
Section 1107. Action by Surety against Principal.
Section 1108. Action by Surety for Indemnification before Liability is Due.
Section 1109. Provisional Remedies for Surety.
Section 1110. Reserved.
Section 1111. Reserved.
Section 1112. Reserved.
Section 1113. Reserved.
Section 1114. Reserved.
Section 1115. Reserved.
Section 1116. Definition of Order.
Section 1117. Orders Made out of Court—Entered by Clerk.
Section 1118. Authorization of Judges to Hear and Determine Motions and Exercise Control.
Chapter 20. Actions Regarding Real Property
ACTIONS TO QUIET TITLE.
Section 1141. Action to Quiet Title—Joinder with Action for Possession—Adverse Interests.
NONJUDICIAL MARKETABLE TITLE PROCEDURES ACT.
Section 1141.1. Short Title.
Section 1141.2. Definitions
Section 1141.3. Alternate Procedures to Quiet Title to Remove Apparent Cloud on Title.
Section 1141.4. Preparation and Transmittal of Notice—Response to Notice—Clarification of Notice.
Section 1141.5. Liability for Damages, Costs, and Attorney Fees.
Actions to Recover Real Property.
Section 1142. Actions for Recovery of Real Property.
Section 1143. Denial by Defendant of Title.
Section 1144. In an Action brought by Tenant against a Cotenant.
Section 1145. Plaintiff’s Right to Recover.
Section 1146. Matter of Right to one Trial—New Trial.
Section 1147. Reserved.
INTERESTS AND CLAIMS BY PERSONS NOT IN BEING
Section 1147.1. Persons Not in Being—Possible Future Interest—Proceeds of Sale Held in Trust.
Section 1147.2. Undivided Interests.
Section 1147.3. All Interested Persons to be Made Party to Proceedings in Sale of Real Estate—Mortgages—Guardian or Guardian Ad Litem.
Section 1147.4. Public or Private sale—Trustee—Terms of Sale—Return—Trustee’s Deed— Confirmation.
Section 1147.5. Proceeds of Sale a Trust—Trustee—Term—Distribution of Monies.
Section 1147.6. Fees and Costs—Compensation for Guardian or Guardian Ad Litem.
FORCIBLE ENTRY AND DETAINER
Section 1148.1. Jurisdiction—Forcible Entry and Detention—Joinder of Actions—Judgments No Bar.
Section 1148.2. Powers of Court.
Section 1148.3. Extent of Jurisdiction.
Section 1148.4. Issuance and Return of Summons—Contents
Section 1148.5. Service of Summons.
Section 1148.5A. Constructive Service of Summons.
Section 1148.6. Answer or Affidavit by Defendant.
Section 1148.7. Trial by Court.
Section 1148.8. Reserved.
Section 1148.9. Attorney Fee.
Section 1148.10. Writ of Execution—Form—New Trial.
Section 1148.10A. Stay of Execution by Posting Supersedeas Bond—Failure to Post Bond— Payment of Current Rentals.
Section 1148.11 Reserved.
Section 1148.12. Reserved.
Section 1148.13. Reserved.
Section 1148.14. Forcible Entry and Detainer Actions not Exceeding Jurisdictional Amount for Small Claims Court—Small Claims Docket.
Section 1148.15. Affidavit—Form.
Section 1148.16. Summons—Form.
Chapter 21. Reserved.
Chapter 22. Reserved.
Chapter 23. Habeas Corpus.
Section 1331. Every Person Restrained of his Liberty May Prosecute a Writ of Habeas Corpus.
Section 1332. Specifications for Application for the Writ—Made by Petition, Signed and Verified by Plaintiff or Some Person in Plaintiff’s Behalf.
Section 1333. Granting of Writ.
Section 1334. Writ Directed to Officer having Person under Restraint.
Section 1335. Writ Directed to Tribal Police—Delivered by Clerk.
Section 1336. Tribal Police to Serve Writ if Directed to any other person.
Section 1337. Service of Writ.
Section 1338. Immediate Return—Enforcement of Obedience by Attachment.
Section 1339. Return to be Signed and Verified—Contents.
Section 1340. Decision of Judge to Decide on Return.
Section 1341. Court or Judge to Hear and Determine Cause—Discharge.
Section 1342. Inquiry into Legality of Judgment or Process when Party is in Custody or Term of Commitment has not expired.
Section 1343. Discharge from Order of Commitment.
Section 1344. Purpose of Letting Prisoner to Bail.
Section 1345. Notification of Interested Party.
Section 1346. Powers of Court.
Section 1347. Liability of Tribal Police for Civil Actions.
Section 1348. Illegal Restraint—Carrying out of jurisdiction of Court—Warrant.
Section 1349. Command for Apprehension of Person Charged with Causing the Illegal Restraint.
Section 1350. Manner of Execution of Writ
Section 1351. Temporary Orders.
Section 1352. Issuance and Service on Sunday in Case of Emergency.
Section 1353. Issuance, Service and Return of Process.
Section 1354. Favor of Parents, Guardians, Masters, Husbands and Wives—Enforcement of Rights for Protection of Infants and Insane.
Section 1355. Habeas Corpus—No Deposit or Security for Costs Upon Initial Application— Payment.
Chapter 24. Reserved.
Chapter 25. Slander and Libel.
Section 1441. Definition of Libel.
Section 1442. Definition of Slander.
Section 1443. Privileged Communication Defined—Exemption from Libel.
Section 1444. Pleading—Proof—Defenses.
Section 1445. Article Published in Good Faith—Retraction.
Section 1446. Reserved.
Section 1447.1. Limitation of Liability of Owners, Etc. of Television or Radio Stations or Networks.
Section 1447.2. No Liability for Statements of Candidates for Political Office.
Section 1447.3. Actual or Punitive Damages.
Section 1447.4. Recording and Preservation of Political Utterances.
Section 1447.5. False Statements must be counteracted by True Statements upon Request.
Section 1448. The Deceased’s Right of Publicity.
Section 1449. Unauthorized Use of Another Person’s Right of Publicity.
Chapter 25. Reserved.
Chapter 26. Mandamus.
Section 1501. Petition for Partition—Contents.
Section 1502. Contents of Reasonable Certainty in Petition.
Section 1503. Creditors with Specific or General Liens may be Made Parties.
Section 1504. Answer—Contents.
Section 1505. Court shall Make Order Specifying Interests of Respective Parties.
Section 1506. Appointment of Commissioners to Make Partition.
Section 1507. Commissioners to Allot Portions.
Section 1508. Commissioners to Take and Subscribe an Oath.
Section 1509. Duty of Commissioners—Report—Notice of Time Limit for Filing Exception or Election.
Section 1510. Filing of Exceptions to Report—Setting Aside of Report.
Section 1511. Judgment.
Section 1512. Purchase at Appraised Value.
Section 1513. Order for Tribal Police to Sell Property.
Section 1514. Return of Proceedings—Tribal Police to Execute Deed.
Section 1515. Costs, Attorney’s Fees and Expenses.
Section 1516. Power of Court to Make Order.
Section 1517. Sale of Property that cannot be Partitioned—Procedure.
Chapter 29. Quo Warranto.
Section 1531. Quo Warranto Abolished—Relief Obtainable by Civil Action—Maintenance by Contestants for Office.
Section 1532. Action to be Brought in the Court of Appeals or District Court, in the following cases. Section 1533. Prosecution in the Name of the Choctaw Nation or Person Bringing the Action.
Section 1534. Judgment in Case Contesting Right to Office.
Section 1535. Judgment in Favor of Plaintiff.
Section 1536. Refusal or Neglect of Defendant to Deliver Books and Papers.
Section 1537. Separate Action for Damages.
Chapter 30. Reserved.
Chapter 31. Reserved.
Chapter 32. Reserved.
Chapter 33. Reserved.
Chapter 34. Reserved.
Chapter 35. Reserved.
Chapter 36. Small Claims Procedure Act.
Section 1751. Suits Authorized Under Small Claims Procedure.
Section 1752. Reserved.
Section 1753. Small Claims Affidavit—Form—Filling.
Section 1754. Preparation of Affidavit—Copies.
Section 1755. Service of Affidavit and Order upon Defendant.
Section 1756. Date for Appearance of Defendant.
Section 1757. Transfer of Actions from Small Claims Docket to another Docket.
Section 1758. Counterclaim or Setoff by Verified Answer.
Section 1759. Claims, Counterclaims, or Setoffs in Excess of Six Thousand Dollars.
Section 1760. Attachment or Garnishment—Depositions—Interrogatories—New Parties— Intervention.
Section 1761. Trial by Court—Request for Court Reporter—Evidence—Informality.
Section 1762. Payment of Judgment.
Section 1763. Appeals.
Section 1764. Fees.
Section 1765. Costs.
Section 1766. Citation.
Section 1767. Reserved.
Section 1768. Reserved.
Section 1769. Reserved.
Section 1770. Small Claims Judgment as Lien—Filing—Release—Notice—Costs.
Section 1771. Reserved.
Section 1772. Processing and Collecting Judgment—Failure to Satisfy Judgment.
Section 1773. Failure to File Pleadings—Dismissal of Action without Prejudice.
Chapter 37. Reserved.
Chapter 38. Reserved.
Chapter 39. Pleading Code.
COMMENCEMENT OF ACTION.
Section 2001. Scope of the Pleading Code.
Section 2002. Reserved.
Section 2003. Commencement of Action.
Section 2004. Process.
Section 2004.1. Subpoena.
Section 2004.2. Notice of Pendency of Action.
Section 2005. Service and Filing of Pleadings and Other Papers.
Section 2005.1. Service of Post-Judgment Motions Pertaining to Dissolution of Marriage Proceedings.
Section 2005.2. Entry of Appearance; Counsel not licensed in the Choctaw Nation; Address of record and Withdrawal.
Section 2006. Time.
Section 2007. Pleadings Allowed; Form of Motions.
Section 2008. General Rules of Pleading.
Section 2009. Pleading Special Matters.
Section 2010. Form of Pleadings; Motions; and Briefs.
Section 2011. Signing Of Pleadings.
Section 2012. Defense and Objections; When and how Presented; By Pleadings or Motions; Motion for Judgment on the Pleadings.
Section 2013. Final Dismissal on Failure to Amend.
Section 2014. Counter-Claim and Cross-Claim.
Section 2015. Counter-Claim; Effect of the Statutes of Limitation.
Section 2016. Counterclaim against Assigned Claims.
Section 2017. Third-Party Practice.
Section 2018. Amended and Supplemental Pleadings.
Section 2019. Pre-Trial Procedure; Formulating Issues
Section 2020. Lost Pleadings.
Section 2021. Tenders of Money or Property.
Section 2022. Dismissal of Actions.
Chapter 40. Rules of Evidence.
ARTICLE I. GENERAL PROVISIONS.
Section 2101. Short Title.
Section 2102. Legislative Purpose.
Section 2103. Scope of Rules.
Section 2104. Rulings on Evidence.
Section 2105. Preliminary questions.
Section 2106. Limited admissibility.
Section 2107. Remainder of record.
ARTICLE II. JUDICIAL NOTICE.
Section 2201. Judicial Notice of Law.
Section 2202. Judicial Notice of Adjudicative Facts.
Section 2203. Determining Propriety of Taking Judicial Notice.
ARTICLE III. PRESUMPTIONS.
Section 2301. Definitions
Section 2302. Establishment of Basic Fact.
Section 2303. Effect of Presumptions in Civil Cases.
Section 2304. Presumptions in Criminal Cases.
Section 2305. Inconsistent Presumptions.
ARTICLE IV. RELEVANCY
Section 2401. Definition of ―Relevant Evidence
Section 2402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.
Section 2403. Exclusion of relevant evidence on grounds of prejudice, confusion or cumulative nature of evidence.
Section 2404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes.
Section 2405. Methods of Proving Character.
Section 2406. Habit; Routine Practice.
Section 2407. Subsequent Remedial Measures.
Section 2408. Compromise and Offers to Compromise.
Section 2409. Payment of Medical and Similar Expenses.
Section 2410. Pleas and Plea Discussions; Admissibility of Evidence.
Section 2411. Liability Insurance.
Section 2412. Sexual offense against another person--Evidence of other sexual behavior inadmissible –Exceptions.
Section 2413. Sexual assault offense--Commission of other offenses admissible—Definition.
Section 2414. Child molestation offense--Commission of other offenses admissible— Definitions
ARTICLE V. PRIVILEGES
Section 2501. Privileges Recognized Only as Provided.
Section 2502. Attorney-Client Privilege.
Section 2502.1. Communications between accountant and client.
Section 2503. Physician and Psychotherapist-Patient Privilege.
Section 2503.1. Interpreter for the Deaf or Hard-of-Hearing Privilege.
Section 2504. Spousal Privilege.
Section 2505. Religious Privilege.
Section 2506. Journalist’s Privilege.
Section 2506.1. Reserved.
Section 2506.2. Peer support counseling confidentiality.
Section 2507. Political Vote.
Section 2508. Trade Secrets.
Section 2509. Secrets of State and Other Official Information; Governmental Privileges.
Section 2510. Identity of Informer.
Section 2510.1. Crime stoppers organizations--Privileged communications--Orders for production of records
Section 2511. Waiver of Privilege by Voluntary Disclosure.
Section 2512. Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege.
Section 2513. Comment Upon or Inference from Claim of Privilege; Instruction
ARTICLE VI. WITNESSES
Section 2601. General Rule of Competency.
Section 2602. Personal Knowledge
Section 2603. Oath or Affirmation
Section 2604. Interpreters.
Section 2605. Competency of Judge as Witness.
Section 2606. Reserved.
Section 2607. Who May Impeach.
Section 2608. Evidence of Character and Conduct of Witness.
Section 2609. Impeachment by Evidence of Conviction of Crime.
Section 2610. Religious Beliefs or Opinions.
Section 2611. Mode and Order of Interrogation and Presentation.
Section 2611.1. Reserved.
Section 2611.2. Minor or incapacitated witnesses--Closing of testimony to public--Taking testimony outside courtroom--Meeting in chambers with judge and attorneys--Presence of support person.
Section 2611.3. Short title.
Section 2611.4. Definitions
Section 2611.5. Testimony to which act applies--Other procedures not precluded.
Section 2611.6. Hearing--Determination of whether to use alternative method testimony.
Section 2611.7. Situations where alternative method testimony permitted.
Section 2611.8. Determination of whether to allow child witness to testify by an alternative method.
Section 2611.9. Order--Required contents.
Section 2611.10. Opportunity for examination and cross-examination.
Section 2611.11. Construction and application of act.
Section 2612. Writing Used to Refresh Memory.
Section 2613. Prior Statements of Witnesses.
Section 2614. Calling and Interrogation of Witnesses by Court.
Section 2615. Exclusion of Witnesses.
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY.
Section 2701. Opinion Testimony by Lay Witnesses.
Section 2702. Testimony by Experts.
Section 2703. Bases of Opinion Testimony by Experts.
Section 2704. Opinion on Ultimate Issue.
Section 2705. Disclosure of Facts or Data Underlying Expert Opinion.
Article VIII. Hearsay
Section 2801. Definitions
Section 2802. Hearsay Rule.
Section 2803. Hearsay Exceptions; Availability of Declarant Immaterial.
Section 2803.1. Statements of children not having attained 13 years or incapacitated persons describing acts of physical abuse or sexual contact--Admissibility in criminal and juvenile proceedings.
Section 2803.2. Reserved.
Section 2804. Hearsay Exception; Declarant Unavailable.
Section 2804.1. Hearsay Exception--Exceptional circumstances.
Section 2805. Hearsay Within Hearsay.
Section 2806. Attacking and Supporting Credibility of Declarant.
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION.
Section 2901. Requirement of Authentication or Identification.
Section 2902. Self-Authentication.
Section 2903. Subscribing Witness’ Testimony Unnecessary.
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS.
Section 3001. Definitions
Section 3002. Requirement of Original.
Section 3003. Admissibility of Duplicates
Section 3004. Admissibility of Other Evidence of Contents.
Section 3005. Public Records.
Section 3006. Summaries.
Section 3007. Testimony or Written Admission of Party.
Section 3008. Reserved.
Section 3009. Medical bills--Identification
Chapter 41. Depositions and Discovery.
Section 3224. Short Title and Scope of Code.
Section 3225. Construction.
Section 3226. General Provisions Governing Discovery.
Section 3226.1. Abusive discovery
Section 3226A. Withdrawal of certain discovery items
Section 3227. Depositions Before Action or Pending Appeal
Section 3228. Persons Before Whom Depositions May Be Taken.
Section 3229. Stipulations Regarding Discovery Procedure.
Section 3230. Depositions upon Oral Examination.
Section 3231. Depositions upon Written Questions.
Section 3232. Use of Depositions in Court Proceedings.
Section 3233. Interrogatories to Parties.
Section 3234. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Section 3235. Physical and Mental Examination of Persons.
Section 3236. Requests for Admission.
Section 3237. Failure to Make or Cooperate in Discovery; Sanctions.
APPENDIX 1. COURT OF APPEALS RULES—APPELLATE RULES OF CIVIL PROCEDURE.
Rule 1.1 Title, Citation, Scope, Effective Date of Rules and Unsettled Procedure
Rule 1.2 Effect of Failure to Comply with Rules and Orders.
Rule 1.3 Computation of Time.
Rule 1.4 Clerk for the Court of Appeals, Filings, Mailing, Copies, and Notice to Parties.
Rule 1.5 Appearance, Withdrawal, and Change of Address.
Rule 1.6 Motions.
Rule 1.7. Corrections of Filed Documents.
Rule 1.8. Communications with Court.
Rule 1.9. Oral Argument.
Rule 1.10. Briefs.
Rule 1.11. Form and Content of Briefs.
Rule 1.12. Brief of Amicus Curiae.
Rule 1.13. Rehearing.
Rule 1.14. Taxation of Costs and Motions for Appeal Related Attorney Fees.
Rule 1.15. Stay and Supersedeas.
Rule 1.16. Mandate.
Rule 1.17. Reserved.
Rule 1.18. Reserved.
Rule 1.19. Reserved.
PART II. APPEALS FROM JUDGMENT OF FINAL ORDER OF THE DISTRICT COURT.
Rule 1.20. Definitions.
Rule 1.21. Computation of Time for Commencement of Appeal
Rule 1.22. Post-Trial Motions.
Rule 1.23. Commencement of Appeal.
Rule 1.24. Reserved.
Rule 1.25. Petition in Error and Response to Petition in Error.
Rule 1.26. Amended Petition in Error, Premature Petition in Error, and Supplemental Petition in Error.
Rule 1.27. Multiple Appeals.
Rule 1.28. Record.
Rule 1.29. Designation of Record where Reversal is sought Solely on Ground of Insufficiency of Evidence to Support Judgment.
Rule 1.30 Preparation of Narrative Statement of Trial or Proceedings in Lieu of Transcript.
Rule 1.31. Preparation of Statement in Lieu of Record on Appeal.
Rule 1.32. Correctness of Transcript and Amendment of Record.
Rule 1.33. Form and Contents of Record.
Rule 1.34. time for Completion of Record.
Rule 1.35. Fees for Assembling Record and Transcribing Proceedings.
Rule 1.36. Accelerated Procedure for Summary Judgments and Certain Dismissals.
Rule 1.37. Jurisdiction of Trial Court while Appeal is Pending and Remedial Writs in an Appeal.
Rule. 1.38. Reserved.
Rule 1.39. Reserved.
PART III. APPEALS AND CERTIORARI REVIEW FROM INTERLOCUTORY ORDERS OF THE DISTRICT COURT.
Rule.1.40. Definitions; Rules Applicable, New Trial; and Effect of Failure to Appeal.
PART III(A). REVIEW OF CERTIFIED INTERLOCUTORY ORDERS PURSUANT TO 12 C.N.S. § 952(B)(3).
Rule 1.50. Definition of Certified Interlocutory Order
Rule 1.51. Commencement of Proceeding and Entry of Appearance.
Rule 1.52. Content of Petition for Certiorari to Review Certified Interlocutory Order and Trial Court Statement.
Rule 1.53. Response to Petition for Certiorari to Review Interlocutory Order.
Rule 1.54. Record.
Rule 1.55. Briefs.
Rule 1.56. Other Rules Applicable to Certiorari to Review Certified Interlocutory Order.
PART III(B). APPEALS FROM ORDERS GRANTING A NEW TRIAL OR VACATING A JUDGMENT AND FROM ORDERS DEALING WITH ATTACHMENTS, TEMPORARY INJUNCTIONS, RECEIVERS, AND OTHER PROVISIONAL REMEDIES.
Rule 1.60. Definition of Interlocutory Orders Appealable by Right.
Rule 1.61. Time and Manner for Commencing Appeal.
Rule 1.62. When Appeal Commenced.
Rule 1.63. Content of Petition in Error and Response in the Appeal of an Interlocutory Order Appealable Right.
Rule 1.64. Record.
Rule 1.65. Briefs.
Page 28 of 359 CB-91-11 Rule 1.66. Requirements in Appeals from Order Refusing to Vacate Appointment of Receiver. 346 Rule 1.67. Other Rules Applicable.
PART IV(A). GENERAL PROVISIONS APPLICABLE TO OTHER CIVIL APPEALS.
Rule. 1.75. Definitions.
Rule 1.76. Record in Appeals from Tribunals Other than the District Court.
Rule 1.77. Other Rules Applicable.
Rule 1.78. Reserved.
Rule 1.79. Reserved.
Rule 1.80. Reserved.
Rule 1.81. Reserved.
Rule 1.82. Reserved.
Rule 1.83. Reserved.
Rule 1.84. Reserved.
PART IV(B). RESERVED.
Rule 1.85. Reserved.
Rule 1.86 Reserved.
Rule 1.87. Reserved.
Rule 1.88. Reserved.
Rule 1.89. Reserved.
Rule 1.90. Reserved.
PART IV(C). PROCEEDINGS TO REVIEW A DECISION OF THE WORKERS' COMPENSATION COURT.
Rule 1.100. Mode and Time of Commencing Proceedings.
Rule 1.101. Requisites for Petition for Review.
Rule 1.102. Designation of Parties.
Rule 1.103. Petition for Review and Response.
Rule 1.104. Record.
Rule 1.105. Briefs.
Rule 1.106. Agreed Settlement Pending Review.
PART IV(D). RESERVED.
PART IV(E). RESERVED.
PART IV(F). RESERVED.
PART IV(H). RESERVED.
PART V. RESERVED
PART VI. ORIGINAL JURISDICTION PROCEEDINGS BEFORE THE COURT OF APPEALS.
Rule 1.190. Rules Applicable.
Rule 1.191. Applications to Assume Original Jurisdiction.
Rule 1.192. Evidence—Reference.
Rule 1.193. Effectiveness of Judgment and Rehearing.
Rule 1.194. Proceedings to Protest or to Object to Initiative and Referendum Petitions.
PART VII. RESERVED.
PART VIII. RESERVED.
PART IX. EXPUNGEMENT OF RECORDS.
Rule 1.260. Expungement of Records.
Rule 1.261. Application for Expungement.
Rule 1.262. Inspection of Expunged Appellate Records.
PART X. APPENDIX OF FORMS.
Rule 1.300 Required Forms
Rule 1.301. Forms.
Choctaw Nation Criminal Code:
Part I. In General
Chapter 1. Preliminary Provisions
Section 1. Title of code
Section 2. Criminal acts are only those prescribed
Section 3. Crime and public offense defined
Section 4. Crimes classified
Section 5. Felony defined
Section 6. Misdemeanor defined
Section 7. Objects of criminal code
Section 8. Conviction must precede punishment
Section 9. Punishment of felonies
Section 10. Punishment of misdemeanor
Section 11. Special provisions as governing—Acts punishable in different ways—Acts not otherwise punishable by imprisonment
Section 12. Reserved
Section 13. Uniform reporting system to be used by criminal and juvenile justice information systems
Section 14. Sentencing Authority
Section 15. Sentences of imprisonment, where served
Chapter 2. General Provisions
Section 21. Prohibited act a misdemeanor unless otherwise stated
Section 22. Gross injuries—Grossly disturbing peace—Openly outraging public decency— Injurious acts not expressly forbidden
Section 23. Acts punishable under foreign laws
Section 24. Criminal acts may also be punishable as contempt of court
Section 25. Mitigation of punishment
Section 26. Aiding in a misdemeanor
Section 27. Sending letter—When complete—Place of prosecution
Section 28. Failure to perform duty
Section 41. Conviction for attempt not permitted where crime is perpetrated
Section 42. Attempts to commit crimes—Punishment
Section 43. Unsuccessful attempt—Another crime committed
Section 44. Attempt defined
Habitual Offenses and Punishment
Section 51. Offense of Habitual Criminal and Punishment
Sentence and Imprisonment
Section 61. Sentences to be served in order received by penal institution—Concurrent sentences—Credit for good conduct c Section 62. Sentences to run concurrent with other court sentences
Section 63. Imposition of fine in addition to imprisonment
Section 65. Civil rights suspended
Section 66. Person of convict protected
Section 67. Conviction does not work forfeiture
Perjury on Examination of Privileged Witness
Section 81. Testimony—Privilege of witnesses and perjury
Section 91. Terms to have meanings specified unless different meaning appears
Section 92. Willfully defined
Section 93. Negligent—Negligence
Section 94. Corruptly
Section 95. Malice—Maliciously
Section 96. Knowingly
Section 97. Bribe
Section 98. Vessel
Section 99. Peace officers
Section 99a. Authority of peace officers
Section 100. Signature
Section 101. Writing includes printing
Section 102. Real property
Section 103. Personal property
Section 104. Property defined
Section 105. Person defined
Section 106. Person as designating party whose property may be subject of offense
Section 107. Singular includes plural
Section 108. Gender
Section 109. Present tense
Section 110. Intent to defraud
Other Remedies and Punishments
Section 131. Civil remedies not affected
Section 132. Reserved
Section 133. Military punishment—Contempt—Apprentices, bastards, etc.
Fines and Penalties
Section 141. Payment of fines, fees, assessments, forfeitures and penalties into the court fund
Crime Victims Compensation Act
Section 142.1. Intent of the Tribal Council
Section 142.2. Short title
Section 142.3. Definitions
Section 142.4. Crime Victims Compensation Program
Section 142.5. Powers relating to claims for compensation—Office and staff support
Section 142.6. Additional powers of the Director of the Crime Victims Compensation Program
Section 142.7. Collateral source contributions
Section 142.8. Parties—Right to appear—Hearing—Notice—Settlement of claim
Section 142.9. Waiver of physician-patient privilege—Mental or physical examination— Reports—Advisory panel—Limiting compensation for treatment—Debt collection
Section 142.10. Award of compensation—Criteria—Amount—Denial, withdrawal or reduction—Reconsideration
Section 142.11. Prosecution, conviction or adjudication not required—Proof of conviction or copy of adjudication order—Suspension of proceedings
Section 142.12. Recovery from collateral source—Subrogation of program—Retention of funds in trust—Notice to the Board
Section 142.13. Payment of award—Exemption from process—Assignment—Counseling expenses
Section 142.14. Advancement on award
Section 142.15. Reports to be made by the Board
Section 142.16. False claims
Section 142.17. Crime Victims Compensation Revolving Fund
Section 142.18. Victim compensation assessments
Victim’s Rights Act
Section 142A. Short title
Section 142A-1. Definitions
Section 142A-2. Victims and witnesses rights
Section 142A-3. Informing victim of rights
Section 142A-4. Petition for relief
Section 142A-5. Restitution form
Section 142A-6. Priority interest in proceeds
Section 142A-7. Address designation
Section 142A-8. Presentation and use of victim impact statement at sentencing
Section 142A-9. Disclosure of personal information of victim or witness may be prohibited.
Section 142A-10. Reserved
Section 142A-11. Return of exhibit
Section 142B. Civil action by victim of felony crime against offender—Attorney’s fees and costs—Reduction of hardship exemption from garnishment
Chapter 3. Persons Liable to Punishment
Section 151. Persons liable to punishment in the Choctaw Nation of Oklahoma
Section 152. Persons capable of committing crimes—Exceptions—Children—Idiots—Lunatics—Ignorance—Commission without consciousness—Involuntary subjection
Section 153. Intoxication no defense
Section 154. Morbid propensity no defense
Section 155. Subjection to superior exonerates
Section 156. Duress defense
Section 160. Public foreign ministers exempted
Chapter 4. Parties to Crime
Section 171. Classification of parties
Section 172. Principals defined
Section 173. Accessories defined
Section 174. No accessories to misdemeanor
Section 175. Punishment of accessories
Chapter 5. Crimes Against the Elective Franchise
Section 181. Betting upon an election a misdemeanor
Section 182. Offers of office by candidate a misdemeanor
Section 183. Communicating an offer of office
Chapter 6. Crimes Against the Executive Power
Section 261. Assuming office before qualifying
Section 262. Act of officer de facto
Section 263. Falsely assuming to be officer
Section 264. False impersonation of peace officers—False insignia on motor vehicle
Section 265. Bribing or offering bribe to executive officer
Section 266. Asking or receiving bribes
Section 267. Preventing officer’s performance of duty
Section 268. Resisting executive officer
Section 269. Asking or receiving unauthorized reward for official act
Section 270. Reward for omission to act, asking or receiving
Section 271. Asking or receiving unauthorized advance fees
Section 272. Taking unlawful reward for requisition for fugitive
Section 273. Buying appointments to office
Section 274. Selling appointments to office
Section 275. Reward for making appointment or deputation
Section 276. Unlawful deputation is void
Section 277. Exercising functions of office after term expires
Section 278. Refusal to surrender books to successor
Section 279. Administrative officers included
Section 280. Disturbance, interference or disruption of tribal business—Penalties
Section 281. False statements made during an internal investigation
Section 282. Unlawful acts—Violations
Chapter 7. Crimes Against the Legislative Power
Section 301. Preventing meetings of the Tribal Council
Section 302. Disturbing legislative proceedings—Penalty
Section 302.1. Refusal to leave legislative chamber, gallery and offices—Penalty
Section 303. Compelling adjournment of Tribal Council
Section 304. Preventing legislative member or personnel from performing official duties— Penalty
Section 305. Compelling Tribal Council to perform or omit act
Section 306. Altering draft bill
Section 307. Altering engrossed copy of bill
Section 308. Bribery of or influencing members
Section 309. Soliciting bribes—Trading votes
Section 310. Witness refusing to attend Legislature or committee
Section 311. Witness refusing to testify before Tribal Council or committee
Section 312. Forfeiture of office—Disqualification to hold office
Section 318. Bribery
Section 319. Penalty for Bribery
Section 320. Member of Tribal Council—Soliciting or securing employment with tribal department or institution
Section 321. Penalty for violating Section 321
Section 322. Compensation contingent upon influencing official action or legislation
Chapter 8. Crimes Against the Revenue and Property of the Choctaw Nation
Section 341. Embezzlement and false accounts by officers
Section 341.1. Postage meter—Unlawful use
Section 342. Suspension—Vacancy filled
Section 343. Other violation of official conduct
Section 344. Fraud by officer authorized to sell, lease or make contract
Section 345. Refusal of officer to perform duty
Section 349. Injuring or burning public buildings
Section 352. Unlawfully issuing or paying warrants
Section 353. Officer dealing in warrants—Misdemeanor
Section 354. Penalty
Section 355. False, fictitious, or fraudulent claim for payment of public funds or onemployment application
Section 356. Penalties
Chapter 9. Bribery and Corruption
Section 380. Bribery of fiduciary
Section 381. Bribing officers
Section 382. Officers receiving bribes
Section 383. Bribing jurors, referees, etc.
Section 384. Receiving bribes by jurors, referees, etc.
Section 385. Misconduct of jurors
Section 386. Accepting gifts
Section 387. Gifts defined
Section 388. Attempts to influence jurors
Section 389. Drawing jurors fraudulently
Section 390. Misconduct by officer in charge of jury
Section 399. Athletic contests—Bribery of participants, officials, etc.
Section 400. Acceptance of bribe by participant, official, etc.
Section 401. Gifts or rewards for outstanding play or meritorious service not prohibited
Section 402. Forfeiture of monies, properties and assets used in violation of bribery laws
Section 403. Issuance of orders and writs pending trial
Section 404. Hearing—Judgment of forfeiture—Sale of properties or assets
Section 405. Appeals—Disposition of proceeds
Section 406. Fees as additional to salaries
Chapter 10. Conspiracy
Section 421. Conspiracy—Definition—Punishment
Section 422. Conspiracy outside the nation against the peace of the nation
Section 423. Overt act necessary
Section 424. Punishment for conspiracy against the nation
Chapter 11. Escapes and Aiding Therein
Section 431. Re-arrest of escaped prisoners
Section 434. Attempt to escape from penitentiary or jail
Section 435. Assisting prisoner to escape
Section 438. Carrying into prison or jail things to aid escape
Section 439. Concealing escaped prisoner
Section 440. Harboring criminals and fugitives—Assisting a sex offender in violation of registration requirements—Unlawful acts—Penalties
Section 441. Assisting escape from officer
Section 442. Prisoner defined
Section 443. Escape from jail, or other lawful custody—Penalty—Juvenile offender
Section 444. Additional punishment under rules and regulations of jail or prison after escape
Section 445. Escape or attempt to escape from arrest or detention—Removal of monitoring device
Section 446. Unauthorized entry into penal institution, jail, etc.—Penalties
Chapter 12. Falsifying Evidence
Section 451. Offering false evidence
Section 452. Deceiving witness
Section 453. Preparing false evidence
Section 454. Destroying evidence
Section 455. Preventing witness from giving testimony—Threatening witness who has given testimony
Section 456. Bribing witness—Subornation of perjury
Chapter 13. Forging, Stealing, Mutilating and Falsifying Judicial and Public Records and Documents
Section 461. Larceny or destruction of records by clerk or officer
Section 462. Larceny or destruction of records by other persons
Section 463. Offering forged or false instruments for record
Section 464. Forging name to petition—Penalties
Chapter 14. Reserved
Chapter 15. Perjury and Subornation of Perjury
Section 491. Perjury defined—Defense
Section 492. Oath defined
Section 493. Oath of office
Section 494. Irregularities no defense
Section 495. Incompetency no defense
Section 496. Contradictory statements as perjury
Section 497. Making deposition or certificate
Section 498. Degree of proof required
Section 499. Defenses to charges of perjury
Section 500. Perjury as a felony
Section 501. Summary committal of witness
Section 502. Witness bound over to appear
Section 503. Documents may be retained
Section 504. Perjury by subornation—Felony—Attempted perjury by subornation
Section 505. Punishment of subornation of perjury
Chapter 16. Rescues
Section 521. Rescuing prisoners
Section 522. Taking goods from legal custody
Chapter 17. Other Crimes Against Public Justice
Section 531. Destruction or falsification of records
Section 532. Permitting escapes
Section 533. Refusing to receive or fingerprint prisoners—Medical exceptions
Section 534. Delaying to take before magistrate
Section 535. Arrest without authority
Section 536. Misconduct in executing a search warrant
Section 537. Refusing to aid officer
Section 538. Refusing to make arrest
Section 540. Obstructing officer
Section 540A. Eluding police officer
Section 540B. Roadblocks
Section 540C. Fortification of access point to place where felony under Controlled Dangerous
Substances Act being committed or attempted
Section 541. Extrajudicial oaths
Section 542. Administering extrajudicial oaths
Section 543. Compounding crimes
Section 544. Compounding prosecution
Section 545. Attempt to intimidate officer
Section 546. Suppressing evidence
Section 547. Reserved
Section 548. Reserved
Section 549. Reserved
Section 550. Reserved
Section 551. Reserved
Section 552. Reserved
Section 553. Reserved
Section 554. Reserved
Section 555. Prosecuting attorneys and their partners
Section 556. Prosecutor advising the defense
Section 557. Attorneys may defend themselves
Section 559. Claims for collection, loans or advances on
Section 560. Receiving claims in payment of debts
Section 561. Application of preceding sections
Section 562. Privilege of witnesses in respect to claims or debts sold
Section 563. Contempts, direct and indirect—Definition
Section 564. Trial court—Power to punish contempt—Censure—Contempt proceedings
Section 565. Direct or indirect contempt—Penalties—Cases involving failure to comply with court orders regarding children
Section 566. Noncompliance with child support order—Indirect civil contempt
Section 567. Indirect contempts—Proceedings
Section 567A. Violation of child custody order—Affirmative defense—Emergency or protective custody
Section 567B. Failure to Appear for Jury Service
Section 568. Contempt—Substance of offense made of record
Section 569. Attorneys—Second application to another judge to stay trial
Section 573. Fraudulent concealment of property
Section 575. Attorneys, misconduct by—Deceit—Delaying suit—Receiving allowance for money not laid out
Section 576. Attorney permitting other person to use his name
Section 577. Attorneys, use of name lawful, when
Section 580. Public officers—Willful neglect of duty a misdemeanor
Section 581. Willful omission of duty by officers of the Choctaw Nation
Section 584. Prosecuting suit or bringing action or procuring arrest in false name
Section 586. Communicating with a convict
Section 587. False certificate by officer
Section 588. Recording of petit jury proceedings—Listening or observing—Penalty
Section 589. False reporting of crime—False reporting of missing child
Chapter 18. Assault and Battery
Section 641. Assault defined
Section 642. Battery defined
Section 643. Force against another not unlawful, when—Self-defense—Defense of property
Section 644. Assault—Assault and battery—Domestic abuse
Section 645. Assault, battery, or assault and battery with dangerous weapon
Section 646. Aggravated assault and battery defined
Section 647. Punishment for aggravated assault and battery
Section 648. Definitions
Section 649. Assault, battery or assault and battery upon police officer or other peace officer— Penalties
Section 649.1. Certain acts against police dog or police horse prohibited—Penalties
Section 649.2. Killing police dog or police horse—Penalties
Section 649.3. Harming, mistreating or killing service animal—Willful interference with service animal’s performance—Permitting animal to fight, injure or kill service animal— Penalties—Exemption from registration or license fees
Section 650. Aggravated assault and battery upon peace officer
Section 650.1. Athletic contests—Assault and battery upon referee, umpire, etc.
Section 650.2. Assault or battery upon Corrections, Children and Family Services or Juvenile Services employee or contractor
Section 650.3. Delaying, obstructing or interfering with emergency medical technician or other emergency medical care provider—Punishment
Section 650.4. Assault and battery upon emergency medical care providers
Section 650.5. Aggravated assault and battery or assault with firearm or other dangerous weapon upon emergency medical technician or other emergency medical care provider— Penalty
Section 650.6. Assault or battery or assault and battery upon officer of district or appellate court, witness or juror—Penalty
Section 650.7. Assault, battery or assault and battery upon school employee or student— Notice—Definition
Section 650.8. Felony assault, battery or assault and battery upon employee of facility for delinquent children, juvenile detention center or juvenile bureau
Section 650.9. Persons in custody—Placing body wastes or fluids upon tribal employee or contractor
Section 650.10. Touching assistive device with intent to harass—Penalties
Chapter 19. Attempts to Kill
Section 651. Poison, attempt to kill by administering
Section 652. Shooting or discharging firearm with intent to kill—Use of vehicle to facilitate discharge of weapon in conscious disregard of safety of others—Assault and battery with deadly weapon, etc.
Section 653. Punishment for other assaults with intent to kill
Chapter 20. Reserved
Chapter 21. Reserved
Chapter 22. Duels and Challenges
Section 661. Duel defined
Section 662. Dueling a felony
Chapter 23. Felonious Assaults
Section 681. Assaults with intent to commit felony
Chapter 24. Reserved
Chapter 25. Kidnapping
Section 741. Kidnapping defined
Section 742. Kidnapping for purpose of extortion—Assisting in disposing, receiving, possessing or exchanging money or property received
Section 743. Holder of hostage—Telephone communications
Section 744. Human trafficking for forced labor or forced sexual exploitation
Section 745. Guidelines for treatment of human trafficking victims—Right to civil action
Chapter 26. Maiming
Section 751. Maiming defined
Section 752. Maiming one’s self
Section 753. Means and manner of maiming immaterial
Section 754. Maiming by disfigurement
Section 755. Design to maim inferred
Section 756. Premeditated design
Section 757. Recovery before trial a bar—Conviction of assault and battery
Section 758. Penalty for maiming
Section 759. Female genital mutilation
Chapter 27. Libel and Slander
Section 771. Libel defined
Section 772. Privileged publications
Section 773. Penalty—Civil liability
Section 774. Defenses in criminal libel action
Section 775. Publication, what constitutes
Section 776. Newspapers reporting official proceedings
Section 777. Threatened libel
Section 778. Imputing unchastity to females—Penalty
Section 779. Imputing unchastity—Evidence necessary—Defenses
Section 781. False rumors—Slander—Penalty
Chapter 28. Reserved
Chapter 29. Suicide
Section 811. Suicide defined
Section 812. Aiding suicide
Section 813. Furnishing weapon or drug
Section 814. Aid in attempt to commit suicide
Section 815. Incapacity of person committing or attempting suicide no defense
Section 816. Aiding suicide a felony
Section 817. Aiding an attempt at suicide a felony
Chapter 30. Miscellaneous Offenses Against the Person
Section 831. Intoxicated physician
Section 832. Willfully poisoning food, drink, medicine, or patent or proprietary medicine
Section 833. Unlawful confinement of lunatics
Section 834. Reconfining persons discharged upon writ of deliverance
Section 835. Concealing persons to avoid habeas corpus
Section 836. Assisting in concealing person to avoid habeas corpus
Section 837. Intimidating laborers
Section 838. Intimidating employers
Body Piercing and Tattooing
Section 840. Performing or offering to perform body piercing or tattooing on child under 18 years—Definitions
Section 841. Penalties
Abuse of Elderly or Disabled Persons
Section 842. Definitions
Section 842.1. Caretakers—Abuse, financial neglect, neglect, sexual abuse or exploitation of charge
Section 842.2. Verbal abuse of charge
Child Abuse, Neglect and Exploitation or Enabling Child Abuse
Section 843. Definitions
Section 843.1. Child abuse—Child neglect—Child sexual abuse—Child sexual exploitation— Enabling—Penalties
Section 843.2. Payment of costs by defendant upon conviction
Section 843.3. Appointment of representatives for child
Section 843.4. Ordinary force as means of discipline not prohibited
Section 849. Wiring or equipping of vehicles or structures with explosives a felony
Malicious Intimidation or Harassment
Section 850. Malicious intimidation or harassment because of race, color, religion, ancestry, national origin or disability—Standardized reporting system
Chapter 31. Abandonment and Neglect of Wife or Children
Section 851. Desertion of children under age of ten a felony
Section 852. Omission to provide for a child—Penalties
Section 852.1. Child endangerment—Knowingly permitting physical or sexual abuse—Good faith reliance on spiritual healing—Penalties
Section 853. Desertion of wife or child under 15 a felony
Section 854. Proof of marriage—Wife as competent witness—Duty of prosecutor
Chapter 31A. Contributing to Delinquency of Minors
Section 856. Causing, aiding, abetting or encouraging minor to be delinquent or runaway child, to commit felony or to become involved with criminal street gang
Section 856.1. Causing, aiding, abetting or encouraging minor to participate in certain drug related crimes
Section 856.2. Harboring endangered runaway child
Section 856.3. Gang related offenses—Condition of membership
Section 857. Definitions
Section 858. Parent or guardian whose child commits crime of possession of firearm on school property—Administrative penalty
Section 858.1. Causing, aiding, abetting or encouraging minor to be in need of supervision or deprived
Section 858.2. Neglect of minor adjudicated delinquent, in need of supervision or deprived
Section 858.3. Causing, aiding, abetting or encouraging minor to become delinquent, in need of supervision, or dependent and neglected—Penalty
Chapter 32. Concealing Death of Children
Section 861. Concealing stillbirth or death of child
Chapter 33. Reserved
Chapter 34. Incest and Sodomy
Section 885. Incest
Section 886. Crime against nature
Section 887. Crime against nature, what penetration necessary
Section 888. Forcible sodomy
Chapter 35. Child Stealing
Section 891. Child stealing—Penalty
Chapter 36. Reserved
Chapter 37. Reserved
Chapter 38. Reserved
Chapter 39. Obscenity, Pornography and Prostitution
Section 1025. Prostitution house, etc.—Penalty
Section 1026. Disorderly house
Section 1027. Letting building for unlawful purposes
Section 1028. Setting up or operating place of prostitution—Ownership—Renting— Procuring—Receiving person for forbidden purpose—Transportation—Receiving proceeds
Section 1029. Engaging in prostitution, etc.—Soliciting or procuring—Residing or being in place for prohibited purpose—Aiding, abetting or participating
Section 1030. Definitions
Section 1031. Punishment for violations—Fines—Knowingly engaging in prostitution while infected with HIV—Violations within certain distance from school or church
Section 1032. Acts prohibited—Felony
Section 1033. Action for adjudication of obscenity—content of mailable matter
Section 1034. Petition
Section 1035. Summary examination of material—Dismissal or show cause order
Section 1036. Answer
Section 1037. Trial—Evidence
Section 1038. Destruction—Injunction
Section 1039. Sending or selling of materials with knowledge of judgment
Section 1040. Contempt
Section 1041. Extradition
Section 1042. Presumptions
Chapter 40. Reserved
Chapter 41. Reserved
Chapter 42. Pandering
Section 1081. Offense—Punishment—Fines
Section 1082. Part of offense outside of the Choctaw Nation, no defense
Section 1083. Injured party as witness
Section 1084. Marriage no defense
Section 1085. Restraining female in house of prostitution a felony
Section 1086. Allowing offense on premises—Punishment
Section 1087. Child under 18 years of age—Procuring for prostitution, lewdness or other indecent act—Punishment
Chapter 43. Junk dealers
Section 1092. Refusing to exhibit stolen goods
Section 1093. Punishment
Chapter 44. Reserved
Chapter 45. Sex Offenses and Abduction
Section 1117. Abduction of person under fifteen
Section 1118. Reserved
Section 1119. Reserved
Section 1120. Reserved
Section 1121. Sexual battery
Section 1122. Reserved
Section 1123. Reserved
Section 1124. Reserved
Section 1125. Zone of safety—Schools, child care centers, playgrounds and parks— Restrictions on convicted sex offenders—Exemptions
Chapter 46. Reserved
Chapter 47. Violating Sepulture and the Remains of the Dead
Section 1151. Disposal of one’s own body
Section 1151a. Forfeiture of right to dispose of body of decedent
Section 1152. Duty of burial
Section 1153. Burial in another place
Section 1154. Autopsy—Definition—When allowed—Retention of tissue and specimens
Section 1155. Unlawful dissection is a misdemeanor
Section 1156. Remains after dissection
Section 1157. Dead limb or member of body
Section 1158. Right to control disposition of the remains of a deceased person
Section 1158a. Court authority to award the right of disposition of body of decedent
Section 1158b. Funeral service agreements—Instructions
Section 1158c. Funeral directors—Final disposition—Collection of charges
Section 1158d. Funeral director—Criminal and civil liability
Section 1159. Neglect of burial
Section 1160. Persons entitled to custody of body
Section 1161. Unlawful removal of dead body—Violation of or damage to casket or burial vault
Section 1161.1. Desecration of a human corpse—Penalty—Prosecution with other offenses— Definition
Section 1162. Purchasing dead body
Section 1163. Unlawful interference with places of burial
Section 1164. Removal to another burial place
Section 1165. Arresting or attaching dead body
Section 1166. Disturbing funerals
Section 1167. Destruction, mutilation, etc. of cemetery structures, markers, etc.—Sale or barter of veteran markers
Section 1168. Definitions
Section 1168.1. Buying, selling or bartering for profit of human skeletal remains or associated burial furniture—Felony
Section 1168.2. Certain institutions and museums to consult Choctaw Nation officials before disposition of remains
Section 1168.3. Display of open burial ground, furniture or skeletal remains for profit or commercial enterprise
Section 1168.4. Discovery of human remains or burial furniture—Reporting and notification procedure
Section 1168.5. Designation of repository for remains and furniture for scientific purposes
Section 1168.6. Penalties
Section 1168.7. Tribal, federal and state agencies encountering burial grounds, human skeletal remains or burial furniture—Reports—Disposition
Section 1169. Disposition of human tissue—Rules and regulations
Chapter 47A. General and Miscellaneous Provisions
Section 1171. Peeping Tom—Use of photographic, electronic or video equipment—Offenses and punishment—Definition
Section 1172. Obscene, threatening or harassing telecommunication or other electronic communications—Penalty
Section 1173. Stalking—Penalties
Section 1174. Burning cross with intent to intimidate
Section 1175. Unauthorized use of newborn DNA
Part V. Crimes Against Public Health and Safety
Chapter 48. General and Miscellaneous Provisions
Section 1190. Hazing—Prohibition—Presumption as forced activity—Penalty—Definition
Section 1191. Public nuisance a misdemeanor
Section 1192. Reserved
Section 1193. Reserved
Section 1194. Gas tar, throwing into public water
Section 1195. Quarantine regulations, violating
Section 1196. Apothecary liable for negligence—Willful or ignorant acts or omissions
Section 1197. Poisons, laying out
Section 1198. Fires, refusing to aid at or interfering with others’ acts
Section 1199. Contagious disease, exposing oneself or another with
Section 1200. Frauds affecting market price
Section 1201. Newspapers, false statements in
Section 1202. Eavesdropping
Section 1203. Reserved
Section 1204. Reserved
Section 1205. Throwing, leaving or depositing trash near road unlawful—Establishment of solid waste disposal sites
Section 1206. Abandonment of refrigerators and iceboxes in places accessible to children— Penalty
Rescue Operation in Disaster Area Act
Section 1207. Rescue Operation in Disaster Area
Section 1208. Disaster areas—Prevention of unauthorized persons from hampering rescue operations
Section 1209. Definitions
Section 1210. Following of emergency vehicles unlawful
Section 1211. Disruption or prevention of emergency telephone call—Penalties
Section 1212. Proceeding to or remaining at disaster area unlawful—Removal of objects
Section 1213. Penalties
Section 1214. Radio sets capable of receiving on police frequencies—Unlawful uses
Section 1215. Intoxicating beverages or low-point beer—Possession by persons under age 21
Section 1216. Reserved
Section 1217. Firefighters—Interference with performance of duties
Section 1218. Display of names of military dead at demonstrations or protests without consent prohibited
Section 1219. Reserved
Section 1220. Transporting intoxicating beverage or low-point beer—Prohibition— Exceptions—Penalty
Section 1220.1. Prohibition of alcohol inhalation device
Chapter 49. Animals and Carcasses
Section 1221. Contagious diseases among domestic animals
Section 1222. Disposition of animals dying of contagious or infectious diseases
Section 1223. Leaving carcass in certain places unlawful
Section 1224. Violation of sections regarding carcasses a misdemeanor
Section 1225. Unclean slaughterhouses
Section 1226. Selling or buying infected carcass
Section 1227. Selling or driving infected swine on highway a misdemeanor
Section 1228. Violation a misdemeanor
Section 1229. Exhibition livestock—Administration of certain substances or performance of certain surgical procedures to alter appearance
Chapter 50. Tobacco
Section 1241. Furnishing Tobacco Products to Minors—Punishment
Section 1242. Refusal of Minor to Disclose Place Where and Person from Whom Obtained
Section 1243. Smoking in Certain Public Place Prohibited—Punishment
Chapter 51. Reserved
Part VI. Crimes Against Public Peace
Chapter 52. Reserved
Chapter 53. Firearms and Weapons
Section 1271. Detention or arrest of person under 18 years—Confiscation and forfeiture of prohibited weapons and firearms—Disposition of forfeited weapons and firearms
Section 1272. Unlawful carry
Section 1272.1. Carrying firearms where liquor is consumed
Section 1272.2. Penalty for firearm in liquor establishment
Section 1272.3. Unlawful discharge of stun gun or deleterious agent—Penalties
Section 1273. Allowing minors to possess firearms
Section 1274. Reserved
Section 1275. Reserved
Section 1276. Penalty for violating Sections 1272 and 1273
Section 1277. Unlawful carry in certain places
Section 1278. Unlawful intent to carry
Section 1279. Misdemeanor pointing a firearm
Section 1280. Penalty for violations of Section 1279
Section 1280.1. Possession of firearm on school property
Section 1281. Manufacturing slung shot
Section 1282. Felony use of a slung shot
Section 1283. Convicted felons and delinquents—Firearm possession
Section 1284. Penalty for violation of Section 1283
Section 1285. Reserved
Section 1286. Reserved
Section 1287. Use of firearm while committing a felony
Section 1288. Penalty enhancement for weapon possession
Choctaw Nation Firearms Act
Section 1289.1. Choctaw Nation Firearms Act
Section 1289.2. Tribal Council findings for Firearms Act
Section 1289.3. Definitions for Firearms Act—Pistols
Section 1289.4. Definitions for Firearms Act—Rifles
Section 1289.5. Definitions for Firearms Act—Shotguns
Section 1289.6. Conditions under which firearms may be carried
Section 1289.7. Firearms in vehicles
Section 1289.7a. Transporting or storing firearms in locked motor vehicle on private premises—Prohibition proscribed—Liability—Enforcement
Section 1289.8. Carrying concealed weapon
Section 1289.9. Carrying weapons under influence of alcohol
Section 1289.10. Furnishing firearms to incompetent persons
Section 1289.11. Reckless conduct
Section 1289.12. Giving firearms to convicted persons
Section 1289.13. Transporting a loaded firearm
Section 1289.13A. Improper transportation of firearm—Fine and court costs—Confiscation of firearm
Section 1289.14. Reserved
Section 1289.15. Penalty for violations of the Choctaw Nation Firearms Act
Section 1289.16. Felony pointing firearms
Section 1289.17. Penalties for violation of Section 1289.16
Section 1289.17A. Felony discharging firearms
Section 1289.18. Definitions
Section 1289.19. Restricted bullet and body armor defined
Section 1289.20. Manufacture of restricted bullets
Section 1289.21. Possession or use of restricted bullets
Section 1289.22. Exemptions
Section 1289.23. Concealed firearm for off-duty police officer
Section 1289.24. Reserved
Section 1289.24a. Lawsuits against gun manufacturers
Section 1289.25. Physical or deadly force against intruder
Section 1289.26. Use of body armor
Section 1289.27. Reserved
Section 1289.28. Definitions—Illegal transfer of a firearm
Chapter 54. Masks and Disguises; Threatening Letters; Unlawful Organization
Section 1301. Masks and hoods—Unlawful wearing of—Exceptions
Section 1302. Trespass—Masked person demanding admission to premises
Section 1303. Assaults while masked or disguised
Section 1304. Letters—Mailing threatening or intimidating letters
Section 1305. Prosecuting attorney—Tribal law enforcement officers—Duties under act
Section 1306. Organizations—Oaths
Chapter 55. Other Crimes Against Public Peace
Riots and Unlawful Assemblies
Section 1311. Riot defined
Section 1312. Punishment for riot
Section 1313. Rout defined
Section 1314. Unlawful assembly defined
Section 1315. Punishment for rout or unlawful assembly
Section 1316. Warning to disperse, remaining after
Section 1317. Presence after unlawful purpose becomes known
Section 1318. One refusing to aid in arrest deemed rioter
Section 1319. Combination to resist process
Section 1320.1. Riot
Section 1320.2. Incitement to riot
Section 1320.3. Unlawful assembly
Section 1320.4. Penalty for riot or incitement to riot
Section 1320.5. Penalty for unlawful assembly
Section 1320.6 Act as cumulative
Section 1320.7. Teaching, demonstrating or training in the use of firearms, explosives or incendiary devices in furtherance of riot or civil disorder
Entry or Intrusion on Real Estate
Section 1351. Penalty for Procuring Violence During Forcible Entry and Detainer
Section 1352. Penalty for Returning to Reside on Lands after Lawful Removal
Section 1361. Penalty for Disturbing Assembly or Meeting
Section 1362. Disturbance by Loud or Unusual Noise or Abuse, Violent, Obscene, Profane or Threatening Language
Section 1363. Use of Language Calculated to Arouse Anger or Cause Breach of Peace
Section 1364. Discharging Firearm
Section 1365. Possession of Explosives with Unlawful Intent after Felony Conviction
Disruption of Educational Institutions
Section 1370. Disruption of Educational Institutions
Section 1371. Definitions
Section 1372. Orders to Leave Institutions of Learning—Grounds—Penalty
Section 1373. Projecting Object at Public Event
Section 1374. Punishment for Planning or Threatening Violent Act
Section 1375. Willfully Bypassing a Security Checkpoint
Section 1376. Obstructing or Impeding Passage through any Choctaw Nation building— Punishment
Funeral Picketing Act
Section 1380. Short title
Section 1381. Legislative Findings
Section 1382. Purpose
Section 1383. Definitions
Section 1384. Unlawful Acts—Penalty
Section 1385. Other Remedies
Part VII. Crimes Against Property
Chapter 56. Arson
Section 1401. Arson in the first degree
Section 1402. Arson in the second degree
Section 1405. Endangering or causing personal injury to human life during commission of arson
Chapter 57. Documents of Title to Merchandise, Offenses Respecting
Section 1411. Fraudulent bill of lading
Section 1412. Fraudulent warehouse receipts
Section 1413. Correspondence between instrument and merchandise received
Section 1414. Duplicate receipts or vouchers
Section 1415. Selling goods without consent of holder of bill of lading
Section 1416. Unlawful delivery of goods
Section 1417. When law does not apply
Chapter 58. Burglary and House Breaking
Section 1431. Burglary in first degree
Section 1432. Reserved
Section 1433. Reserved
Section 1434. Reserved
Section 1435. Burglary in second degree—Acts constituting
Section 1436. Burglary
Section 1437. Possession of burglar’s implements
Section 1438. Entering building or other structure with intent to commit felony, larceny or malicious mischief—Breaking and entering dwelling without permission
Section 1439. Dwelling and dwelling house defined
Section 1440. Reserved
Section 1441. Burglary with explosives
Section 1442. Possession of certain tools by persons previously convicted of burglary
Chapter 59. Embezzlement
Section 1451. Embezzlement defined—Penalties
Section 1452. Reserved
Section 1453. Reserved
Section 1454. Reserved
Section 1455. Reserved
Section 1456. Reserved
Section 1457. Reserved
Section 1458. Evidence of debt subject of embezzlement
Section 1459. Property taken under claim of title
Section 1460. Intent to restore no defense
Section 1461. Mitigation of punishment
Section 1462. Reserved
Section 1463. Reserved
Section 1464. Reserved
Section 1465. Property or goods under control of carrier or other person for purpose of interstate transportation—Abandonment without notice to owner
Chapter 60. Extortion and Blackmail
Section 1481. Extortion defined
Section 1482. Threats constituting extortion
Section 1483. Extortion or attempted extortion
Section 1484. Extortion under color of official right
Section 1485. Obtaining signature by extortion
Section 1486. Letters, threatening
Section 1487. Reserved
Section 1488. Blackmail
Chapter 61. False Pretenses, False Personations, Cheats and Frauds
Frauds in General
Section 1500. Real property loans—Securing by false instrument—Penalty
Section 1501. Securing credit fraudulently—Penalty
Section 1502. Fraudulent advertising prohibited—Punishment
Section 1503. Value of One Thousand Dollars or less— Value of One Thousand Dollars or more
Section 1504. Reserved
Section 1505. False increase of weight
Section 1506. Mock auction
Section 1507. Fraud by auctioneer
Section 1508. Fictitious co-partnership
Section 1509. Reserved
Section 1510. Destroying evidence of ownership of wrecked property
Section 1511. Fraud in limited partnership
Section 1512. Reserved
Section 1513. Reserved
Section 1514. Insignia, badge or pin calculated to deceive, wearing of—Name of society, order or organization calculated to deceive, using—Punishment
Section 1515. Telecommunication services—Unlawful procurement—Penalty
Section 1516. Devices or plans to procure services—Making, possessing, etc., prohibited— Penalty
Section 1517. Amateur radio operators exempt
Misrepresentation of Age by False Document Act
Section 1518. Short Title
Section 1519. Misrepresentation of age by false document
Section 1520. Provisions as cumulative
Section 1521. Motor vehicle lease or rental—Payment by false or bogus check
Section 1522. Reserved
Section 1523. Reserved
Section 1524. Reserved
Section 1525. Reserved
Section 1526. Reserved
Section 1527. Reserved
Section 1528. False personation—Marriage—Becoming bail or surety—Execution of instrument—Creating liability or benefit
Section 1529. Receiving money or property intended for individual personated
Section 1530. Penalties—Definitions—Certain defenses excluded
Section 1531. Identity theft—Penalties—Civil action
Section 1532. Fraudulently obtaining another person’s information of financial institution— Presenting false or fraudulent information to officer, employee, agent or another customer of financial institution
Section 1533. Identity theft incident report—Preparation and filing by law enforcement— Reports not considered open cases
False Pretenses; Trick or Deception
Section 1541.1. Obtaining or attempting to obtain property by trick or deception—False statements or pretenses—Confidence game—Penalty
Section 1541.2. Value of Money, Property or Valuable Thing
Section 1541.3. Value of One Thousand Dollars or more
Section 1541.4. False or bogus check or checks defined; prima facie evidence of intent to defraud and knowledge of insufficient funds or credit; effect of refusal by drawee of check offered for purchase of goods or livestock
Section 1541.5. Credit defined
Section 1541.6. Refund fraud—Penalties
Section 1542. Obtaining property or signature under false pretenses—Use of retail sales receipt or Universal Price Code Label to cheat or defraud
Section 1543. Obtaining signature or property for charitable purposes by false pretenses
Section 1544. False negotiable paper
Section 1545. Using false check—False token
Section 1546. Removing, defacing, altering or obliterating—Subsequent sale
Section 1547. Person acquiring machine or device with mark removed, altered, etc
Section 1548. Vehicles excepted
Section 1549. Changes of serial numbers by original manufacturer
Section 1550. Person committing felony in possession or control of firearm with removed, defaced, etc. serial number
Section 1550.1. Definitions
Section 1550.2. Value of One Thousand Dollars or less—Value of One Thousand Dollars or More
Section 1550.3. Actual notice
Credit Card Crime Act
Section 1550.21. Definitions
Section 1550.22. Taking credit card or debit card—Receiving taken credit or debit card
Section 1550.23. Receiving, holding or concealing lost or mislaid card
Section 1550.24. Selling or buying credit card or debit card
Section 1550.25. Controlling credit or debit card as security for debt
Section 1550.26. Receiving taken or retained card upon giving consideration
Section 1550.27. False making or embossing of credit or debit card
Section 1550.28. Signing of card—Possession of signed or unsigned card
Section 1550.29. Forged or revoked card
Section 1550.30. Failure to furnish money, goods or services represented to have been furnished
Section 1550.31. Possessing incomplete cards
Section 1550.32. Receiving of money, goods, or services in violation of Section 1550.29
Section 1550.33. Penalties
Section 1550.34. Other criminal law not precluded—Exception
Section 1550.35. Provisions cumulative
Section 1550.36. Short title
Identification Documents, Cards and Certificates
Section 1550.41. Definitions—Offenses—Penalties
Section 1550.42. Entities authorized to print identification documents, cards and certificates
Section 1550.43. False or fraudulent identification cards, etc.—Seizure and forfeiture of cards and equipment—Service of notice—Hearing—Claim for equipment—Liability—Expenses— Proceeds—Definitions
Chapter 62. False Weights and Measures
Section 1551. Use of false weights and measures
Section 1552. Retaining same knowingly
Section 1553. False weights and measures may be seized
Section 1554. Testing seized weights and measures—Disposition
Section 1555. Destruction of false weights or measures after conviction
Section 1556. Marking false weight or false tare
Chapter 63. Forgery or Counterfeiting
Forgery in First Degree
Section 1561. Wills, deeds and certain other instruments, forgery of
Section 1562. Reserved
Forgery in Second Degree
Section 1571. Public and corporate seals, forgery of
Section 1572. Records, forgery of
Section 1573. Making false entries in record
Section 1574. Making false certificate of acknowledgment
Section 1575. False bank note plates
Section 1576. Imitation of genuine bank note defined
Section 1577. Notes, checks, bills, drafts—Sale, exchange or delivery
Section 1578. Possession of forged evidences of debt
Section 1579. Possession of other forged instruments
Section 1580. Issuing spurious certificates of stock
Section 1581. Reissuing cancelled certificates of stock
Section 1582. False evidences of debt
Section 1583. Counterfeiting coin
Section 1584. Counterfeiting coin for exportation
Section 1585. Forging process of court or title to property, etc
Section 1586. Making false entries in public book
Section 1587. Forging tickets of passage
Section 1588. Postage stamps, forging
Section 1589. False entries in corporation books
Section 1590. Officer or employee of corporation making false entries
Section 1591. Possession of counterfeit coin
Section 1592. Uttering forged instruments or coin
Section 1593. Falsely obtaining signature
Section 1621. Forgery a felony
Section 1622. Fraudulently uttering one’s signature as that of another of same name
Section 1623. Fraudulently uttering one’s endorsement as another’s
Section 1624. Erasure and obliterations
Section 1625. Writing and written defined
Section 1626. Signing fictitious names as officers of corporations
Section 1627. False or bogus order directing payment of money
Section 1627.1. False or bogus orders as payment for labor—Penalties
Chapter 64. Reserved
Chapter 65. Frauds on Insurance Companies
Section 1662. False claim or proof of loss in insurance
Section 1663. Workers’ compensation fraud—Punishment
Chapter 66. Fraudulent Insolvencies by Individuals
Section 1671. Fraudulent conveyance
Section 1672. Fraudulent removal of property
Section 1673. Assignment to creditor with preference
Section 1674. Frauds by insolvent debtor
Chapter 67. Injuries to Animals
Section 1680. Short title
Section 1680.1. Definitions
Section 1680.2. Reserved
Section 1680.3. Veterinarian required to report suspected animal abuse—Immunity from civil liability
Section 1680.4. Reserved
Section 1681. Poisoning animals
Section 1682. Instigating fights between animals
Section 1683. Keeping places for fighting animals
Section 1684. Reserved
Section 1685. Cruelty to animals
Section 1686. Abandoned animals—Euthanasia—Custody of animal following arrest
Section 1687. Reserved
Section 1688. Animals in transit
Section 1689. Poisonous drugs, unjustifiable administration of
Section 1690. Reserved
Section 1691. Abandoning of domestic animals along streets or highways or in any public place prohibited
Section 1692. Penalty
Chapter 68. Larceny
Section 1701. Larceny defined
Section 1702. Larceny of lost property
Section 1703. Degrees of larceny
Section 1704. Grand and petit larceny defined
Section 1705. Grand larceny a felony
Section 1706. Punishment for petit larceny
Section 1707. Grand larceny—Receiving or Purchasing Stolen Property
Section 1708. Definitions
Section 1709. Receiving stolen property—Presumption
Section 1710. Fraudulent consumption of gas
Section 1715. Bringing stolen property into the Choctaw Nation of Oklahoma
Section 1716. Tapping pipeline
Section 1717. Taking oil, gas, gasoline or any product thereof—When misdemeanor or felony
Section 1718. Mercury—Possession of more than one pound without written evidence of title—Penalty—Defenses
Section 1719. Copper—Stealing or removing—Penalties
Section 1720. Possessing, receiving or transporting stolen copper—Penalty
Section 1721. Act as cumulative—Definitions
Section 1722. Larceny of merchandise from retailer or wholesaler—Punishment—Recidivists
Section 1723. Shoplifting—Civil liabilities—Public service in lieu of damages—Limitations— Jurisdiction
Section 1724. Larceny of trade secrets—Applicability of section
Section 1725. Larceny of cable, information, or telecommunications services
Section 1726. Seizure and forfeiture proceedings—Vehicles, airplanes, vessels, etc. used in attempt or commission of certain crimes
Section 1727. Library theft
Section 1728. Pump Pirates Act
Section 1729. Dimensional stone product—Stealing or removing
Unlawful use of a Recording Device
Section 1741. Unlawful Use of a Recording Device—Definitions—Violations—Penalties— Liability—Exclusions—Other laws
Section 1742. Telephone records—Definitions
Section 1743. Unauthorized or fraudulent procurement, sale or receipt of telephone records
Section 1744. Limitation on applicability of act
Section 1745. Reasonable procedures to protect telephone records required
Chapter 69. Malicious Mischief
Section 1751. Railroads, injuries to
Section 1752. Death from displacing of railroad equipment
Section 1752.1. Trespass upon or interference with railroad property
Section 1753. Highways, injuries to
Section 1753.1. Throwing, dropping, depositing or otherwise placing litter upon highways, roads or public property—Penalties
Section 1753.2. Defacing, stealing or possessing road signs or markers—Violation resulting in personal injury or death—Penalties
Section 1754. Obstructing highways—Punishment—Damages
Section 1755. Reserved
Section 1756. Irrigation ditches, canals, water lines or conduits—Interference with
Section 1757. Penalty
Section 1758. Malicious injury or destruction of property generally—Punishment—Damages
Section 1759. Following sections not restrictive of Section 1758
Section 1760. Dumping of trash on public or private property prohibited—Penalties
Section 1761. Reserved
Section 1762. Reserved
Section 1763. House of worship or contents, injuring
Section 1764. Use or threat to use explosive, incendiary device, or simulated bomb to damage or injure persons or property
Section 1765. Violations of preceding section
Section 1766. Definitions
Section 1767. Tracing of telephone calls—Immunity
Section 1768. Reserved
Section 1769. Trespass by Destroying, Cutting or Taking Wood, Timber, etc.
Section 1770. Standing crops, injuring
Section 1771. Injuring fruit, melons or flowers in the day time
Section 1772. Injuring fruit, melons or flowers in the night time
Section 1773. Injuring fruit or ornamental trees
Section 1774. Removing or altering landmarks
Section 1775. Piers or dams, interfering with
Section 1776. Destroying dam
Section 1777. Piles, removing or injuring
Section 1778. Train signal light, removing or masking—False light or signal
Section 1779. Injuring written instruments the false making of which would be forgery
Section 1780. Reserved
Section 1781. Letters, opening and reading—Publishing letters
Section 1782. Reserved
Section 1783. Reserved
Section 1784. Reserved
Section 1785. Works of literature or art in, injuring
Section 1786. Injuries to pipes and wires
Section 1787. Automobile or motor vehicle, loitering in, injuring or molesting
Section 1788. Penalty
Section 1789. Caves or caverns, injuring
Section 1790. Reserved
Chapter 70. Other Offenses Against Property Rights
Section 1834. Chattels encumbered by mortgage, conditional sales contract or security agreement—Removal or destruction
Section 1834.1. Sale of secured personal property—Debtor as trustee of funds received
Section 1835. Trespass on posted property after being forbidden or without permission— Penalties—Exceptions
Section 1835.1. Entry or presence upon premises of place of business of persons convicted of certain crimes
Section 1835.2. Trespass upon private land primarily devoted to farming, ranching, or forestry—Exceptions—Affirmative defense
Section 1840. Anonymous campaign literature
Serial Numbers on Farm Machinery
Section 1841. Destruction, removal, altering, covering or defacing
Section 1842. Exception to application of act
Section 1843. Violations—Punishment
Spurious Coins in Coin-Operated Machines
Section 1848. Definitions
Section 1849. Operation of machines by spurious coins—Penalty
Section 1850. Manufacture or sale of spurious coins for unlawful use—Penalty
Reporting of Fires
Section 1851. False reporting
Section 1852. Penalty
Computer Crimes Act
Section 1951. Short title
Section 1952. Definitions
Section 1953. Prohibited acts
Section 1954. Certain acts as prima facie evidence of violation of act
Section 1955. Penalties—Civil actions
Section 1956. Access of computer, computer system or computer network in one jurisdiction from another jurisdiction—Bringing of action
Section 1957. Access to computers, computer systems and computer networks prohibited for certain purposes—Penalty
Section 1958. Subpoenas prior to commencement of proceedings—Noncompliance— Misdemeanor
Laser Safety Act
Section 1992. Short title—Penalties—Definitions
Section 1993. Tampering with or disabling security or surveillance camera or security system
Choctaw Nation Code of Criminal Procedure:
Chapter 1. General Provisions
Section 1. Title of code
Section 2. Information necessary, except when
Section 3. Code not retroactive
Section 4. Construction of words
Section 4A. “Court”, “courts of the Choctaw Nation”, “courts in the Choctaw Nation” and “court clerk” defined
Section 5. Writing includes printing
Section 6. Oath includes affirmation
Section 7. Signature
Section 8. Application of statutes
Section 9. Common law prevails, when
Section 10. Criminal action defined
Section 11. Prosecution is by the Choctaw Nation of Oklahoma against person charged
Section 12. Party defendant
Section 13. Right to speedy trial, counsel and witnesses
Section 14. Former jeopardy
Section 15. Testimony against one’s self—Restraint during trial and prior to conviction
Section 16. Jury trial—Exceptions
Section 17. Custody and distribution of proceeds from sale of rights arising from criminal act
Section 18. Expungement of records—Persons authorized
Section 19. Sealing and unsealing of records—Procedure
Section 19a. Arrest or charge as result of identity theft—Expungement on motion of court, prosecuting attorney or defendant
Section 20. Incarceration of single custodial parents—Child placement
Chapter 2. Prevention of Public Offenses
Section 31. Who may resist
Section 32. Resistance by party to be injured
Section 33. Resistance by other person
Section 34. Intervention by officers
Section 34.1. Peace officers using excessive force—Definition—Adoption of policies and guidelines
Section 34.2. Reporting incidents of excessive force—Contents of report—Failure to report or making materially false statements
Section 35. Persons assisting officers
Section 36. Civil and criminal immunity for private citizens aiding police officers—Federal law enforcement officers
Section 36.1. Police dog handlers—Civil liability
Section 37. Distinctive uniforms for police officers—Exceptions
Section 37.1. Off-duty law enforcement officers—Powers and duties—Liability
Victim of Rape, Forcible Sodomy or Domestic Abuse
Section 40. Definitions
Section 40.2. Victim protection order—Victims not to be discouraged from pressing charges—Rape or forcible sodomy
Section 40.3. Emergency temporary order of protection—Domestic violence, stalking, harassment, rape or forcible sodomy
Section 40.3A. Reporting of rape, sodomy, or sexual assault incidents—Referral of victim to services programs—Production of records to law enforcement officers
Reporting by Health Care Professionals of Domestic Abuse
Section 58. Mandatory reporting of domestic abuse—Exceptions
Section 59. Immunity from liability—Presumption of good faith
Protection from Domestic Abuse Act
Section 60. Short title
Section 60.1. Policy and Purpose
Section 60.2 Definitions
Section 60.3. Protective order—Petition—Complaint requirement for certain stalking victims—Fees
Section 60.4 Emergency Temporary Order of Protection—Preliminary Investigation
Section 60.5. Emergency ex parte order and hearing—Emergency temporary ex parte order of protection
Section 60.6. Service of emergency ex parte order, petition for protective order and notice of hearing—Full hearing—Final protective order
Section 60.7. Access to protective orders by law enforcement agencies
Section 60.8. Violation of ex parte or final protective order or foreign protective order— Penalties
Section 60.9. Nationwide validity of orders
Section 60.10. Seizure and forfeiture of weapons used to commit act of domestic abuse
Section 60.11. Warrantless arrest
Section 60.12. Protective order—Statement required—Validity
Section 60.13. Foreign protective orders—Presumption of validity—Peace officers immune from liability
Section 60.14. Reserved
Section 60.15. Domestic abuse victims not to be discouraged from pressing charges— Warrantless arrests of certain persons—Emergency temporary order of protection
Section 60.16. Consideration of certain victims’ safety prior to release of defendant on bail— Emergency protective and restraining orders—GPS monitoring
Section 60.17. Expungement of victim protective orders
Section 60.18. Emergency protective order—Confidentiality
Uniform Interstate Enforcement of Domestic Violence Protection Orders Act
Section 60.21. Short title
Section 60.22. Definitions
Section 60.23. Judicial enforcement of foreign protection order
Section 60.24. Non-judicial enforcement of foreign protection order
Section 60.25. Registration of foreign orders—Certified copy—Inaccurate orders— Affidavits—Fee
Section 60.26. Immunity from liability
Section 60.27. Remedies
Section 60.28. Uniformity of application and construction
Section 60.29. Application to orders issued before effective date of this act
Chapter 3. Jurisdiction and Commitment
Section 152. Statute of limitations
Section 161. Magistrate defined
Section 162. Who are magistrates
Arrest and Taking Before Magistrate
Section 171. Complaint—Issuance of warrant of arrest
Section 172. Form of warrant
Section 173. Requisites of warrant
Section 174. Warrant directed to whom
Section 175. Where warrant may be served—Who may serve
Section 176. Taking defendant before magistrate—Alternative methods
Section 177. Reserved
Section 178. Proceedings when bail is taken
Section 179. When bail is not given
Section 180. Magistrate absent—Taking defendant before another
Section 181. Delay in taking before magistrate not permitted
Section 182. Reserved
Section 183. Reserved
Section 184. Reserved
Section 185. Reserved
Section 186. Arrest defined
Section 187. Arrest made by whom
Section 188. Aid to officer
Section 189. Arrest, when made
Section 190. Arrest, how made
Section 190.1. Custody of person arrested without warrant for non-bailable offense
Section 191. Restraint which is permissible
Section 192. Officer must show warrant
Section 193. Resistance, means to overcome
Section 194. Officer may break open door or window, when
Section 195. Officer may break open door or window to liberate self or another arrester
Section 196. Arrest without warrant by officer
Section 197. Arrest without warrant, breaking door or window
Section 198. Nighttime, arrest of suspected felon
Section 199. Authority must be stated on arrest without warrant, when
Section 200. Arrest by bystander—Officer may take defendant before magistrate
Section 201. Offense committed in presence of magistrate
Section 202. Arrest by private person
Section 203. Private person must inform person of cause of arrest
Section 204. Private person may break door or window
Section 205. Private person making arrest must take defendant to magistrate or officer
Section 206. Disarming person arrested
Section 207. Pursuit and arrest of escaped prisoner
Section 208. Breaking door or window to arrest person escaping
Section 209. Citation to appear—Issuance—Summons—Failure to appear
Uniform Act on Fresh Pursuit
Section 221. Authority of officers of another jurisdiction
Section 222. Taking prisoner before magistrate
Section 223. Arrests otherwise lawful
Section 224. State includes District of Columbia
Section 225. Fresh pursuit defined
Section 226. Reserved
Section 227. Partial invalidity
Section 228. Short title
Examination and Commitment
Section 251. Magistrate must inform defendant of charge and rights
Section 252. Defendant allowed retained counsel or appointed counsel if indigent
Section 253. Defendant to be examined
Section 254. Adjournment of examination
Section 255. Disposition of defendant on adjournment
Section 256. Commitment for further proceedings
Section 257. Duty of magistrate on examination—Subpoenas for witnesses
Section 258. Preliminary hearings and proceedings thereon
Section 259. Order of witnesses
Section 260. Court reporter to keep shorthand notes of testimony
Section 261. Shorthand notes and recordings, violation of provisions regarding
Section 262. Discharge of defendant, when
Section 263. Reserved
Section 264. Defendant held to answer
Section 265. Commitment when offense is not bailable
Section 266. When offense is bailable
Section 267. If bail is not taken
Section 268. Commitment
Section 269. Form of commitment
Section 270. Witnesses to give undertaking
Section 271. Sureties may be required for witnesses
Section 272. Reserved
Section 273. Witness not giving undertaking committed, when
Section 274. Subsequent security may be demanded—Arrest of witness
Section 275. Arrested witness may be confined
Section 276. Magistrate discharging or holding defendant must return papers and record to court
Chapter 4. Proceedings After Commitment
Section 301. Manner of prosecution of offenses
Section 302. Reserved
Section 303. Subscription, endorsement and verification of information—Excusing endorsement
Section 304. Information may be amended
Chapter 5. Information
Requisites and Sufficiency of Information
Section 400. Information is first pleading
Section 401. Requisites of information
Section 402. Information must be certain and direct
Section 403. Designation of defendant by fictitious name
Section 404. Offenses to be charged—Different counts
Section 405. Allegation of time
Section 406. Misdescription of person injured or intended to be injured
Section 407. Words, how construed
Section 408. Statute not strictly pursued
Section 409. Information, when sufficient
Section 410. Immaterial informalities to be disregarded
Section 411. Matters which need not be stated
Section 412. Pleading a judgment
Section 413. Pleading private statute
Informations for Particular Offenses
Section 421. Arson—Omission or error in designating owner or occupant
Section 422. Libel, information for
Section 423. Forgery, misdescription of forged instrument immaterial, when
Section 424. Perjury, information for
Section 425. Larceny or embezzlement, information for
Section 426. Obscene literature, information for handling
Section 431. Several defendants
Section 432. Accessories and principals in felony
Section 433. Accessory tried independently of principal
Section 434. Compounding a crime—Separate prosecution
Joinder of Offenses and of Defendants
Section 436. Charging of two or more defendants in same information—Counts
Section 437. Singular to include the plural
Section 438. Trial of two or more informations
Section 439. Relief from prejudicial joinder
Chapter 6. Reserved
Chapter 7. Proceedings Before Trial
Arraignment and Appearance
Section 451. Arraignment
Section 452. Defendant must appear personally
Section 453. Officer to bring defendant before court
Section 454. Bench warrant to issue, when
Section 455. Bench warrant shall issue
Section 456. Bench warrant, form of, in case of felony
Section 457. Bench warrant, fee for issuance of
Section 458. Court to fix amount of bail—Endorsement
Section 459. Defendant held when offense not bailable
Section 460. Bench warrant served nationwide
Section 461. Reserved
Section 462. Defendant committed or bail increased after information
Section 463. Commitment order, execution of
Section 464. Reserved
Section 465. Arraignment made, how
Section 466. Name of defendant
Section 467. Proceedings when defendant gives no other name
Section 468. Proceedings where another name given
Section 469. Necessity for filing information after preliminary hearing
Section 470. Time for arraignment upon charge of felony
Pleadings and Motions
Section 491. Time to answer information
Section 492. Pleading to information
Section 493. Grounds for Setting Aside Information
Section 494. Setting Aside the Information—Application and Procedure
Section 495. Privilege of Witnesses
Section 496. Defendant Precluded from Taking Objections
Section 497. Hearing on the Motion
Section 498. Duty to Immediately Answer Information if Motion is Denied
Section 499. Discharge or Exoneration of Bail if Motion is Granted
Section 500. Reserved
Section 501. Setting Aside Information Does Not Bar Further Prosecution
Section 502. Defendant’s pleadings
Section 503. Defendant to plead in open court
Section 504. Demurrer to information
Section 504.1. Motion to quash for insufficient evidence—Proof—Setting aside of information—Double jeopardy—Denial of motion
Section 505. Demurrer to information, requisites of
Section 506. Hearing on demurrer
Section 507. Ruling on demurrer
Section 508. Demurrer sustained, effect of
Section 509. Demurrer sustained—Defendant discharged or bail exonerated, when
Section 510. Proceedings if case resubmitted
Section 511. Demurrer overruled, defendant to plead
Section 512. Certain objections, how taken
Section 513. Pleas to information
Section 514. Pleas to be oral—Entry
Section 515. Form of plea
Section 516. Plea of guilty
Section 517. Plea of guilty may be withdrawn
Section 518. Plea of not guilty, issues on
Section 519. Plea of not guilty, evidence under
Section 520. Acquittal, what does not constitute
Section 521. Acquittal, what constitutes
Section 522. Former acquittal or conviction as bar
Section 523. Refusal to plead
Section 524. Reserved
Section 561. Reserved
Section 562. Reserved
Section 563. Reserved
Section 564. Reserved
Section 565. Reserved
Section 566. Reserved
Section 581. Issue of fact arises, when
Section 582. Issue of fact, how tried
Section 583. Defendant must be present, when
Section 584. Postponement for cause
Section 585. Postponement for investigation of claimed alibi
Chapter 8. Jury—Formation
Section 591. Reserved
Section 592. Reserved
Section 593. Clerk to prepare and deposit ballots
Section 594. Names of panel called, when—Attachment for absent jurors
Section 595. Manner of drawing jury from box
Section 596. Disposition of ballots
Section 597. Disposition of ballots—After jury discharged
Section 598. Disposition of ballot—When juror is absent or excused
Section 599. Jurors summoned to complete jury—Treated as original panel
Section 600. Drawing the jury
Section 601. Number of jurors—Oaths—Fines not exceeding One Thousand Dollars
Section 601a. Alternate jurors—Challenges—Oath or affirmation—Attendance upon trial
Section 601b. Protracted deliberations—Sequestration of alternate jurors
Section 602. Affirmation
Section 621. Challenges classed
Section 622. Several defendants—Challenges
Challenges to Panel
Section 631. Panel defined
Section 632. Challenge to panel
Section 633. Challenge to panel, causes for
Section 634. When taken—Form and requisites
Section 635. Issue on the challenge—Trying sufficiency
Section 636. Challenge and exception may be amended or withdrawn
Section 637. Denial of challenge—Trial of fact questions
Section 638. Trial of challenge
Section 639. Bias of officer, challenge for
Section 640. Procedure after decision of challenge
Challenges to Individual Jurors
Section 651. Defendant to be informed of right to challenge
Section 652. Classes of challenge to individual
Section 653. When challenge taken
Section 654. Peremptory challenge defined
Section 655. Peremptory challenges—Number allowed
Section 656. Challenge for cause
Section 657. Challenges for cause classified
Section 658. Causes for challenge, in general
Section 659. Particular causes—Implied bias—Actual bias
Section 660. Implied bias, challenge for
Section 661. Right of exemption from service not cause for challenge
Section 662. Cause for challenge must be stated—Form and entry of challenge—Juror not disqualified for having formed opinion, when
Section 663. Exception to the challenge
Section 664. Trial of challenges
Section 665. Trial of challenge—Examining jurors
Section 666. Other witnesses
Section 667. Ruling on challenge
Section 691. Challenges to individual jurors
Section 692. Order of challenges for cause
Section 693. Peremptory challenges
Chapter 9. Witnesses
Section 701. Defendant a competent witness—Comment on failure to testify—Presumptions
Section 702. Reserved
Section 703. Subpoena defined
Section 704. Magistrate may issue subpoena
Section 705. Reserved
Section 706. Issuing subpoenas for trial
Section 707. Defendant’s subpoenas
Section 708. Form of subpoena
Section 709. Continuances, witnesses must take notice of
Section 710. Subpoena duces tecum
Section 711. Service of subpoena by whom—Return
Section 712. Service, manner of—Cost
Section 713. Reserved
Section 714. Reserved
Section 715. Subpoena of court clerk
Section 716. Disobedience to subpoena
Section 717. Disobeying defendant’s subpoena—Forfeiture
Section 718. Witnesses—Fees and mileage
Section 719. Persons held as material witnesses to be informed of constitutional rights—Fees
Section 720. Detainment of person as material witness
Uniform Act to Secure Attendance of Witnesses from Without a State in Criminal Proceedings
Section 721. Definitions
Section 722. Summoning witness in the Choctaw Nation of Oklahoma to testify in a state other than Oklahoma
Section 723. Witness from another state summoned to testify in the Choctaw Nation of Oklahoma
Section 724. Exemption from arrest and service of process
Section 725. Uniformity of interpretation
Section 726. Short title
Section 727. Constitutionality
Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings
Section 728. Short title
Section 729. Definitions
Section 730. Certificate from another state to compel witness to appear and testify—Notice, order and hearing
Section 731. Transfer order—Determinations necessary—Copy of certificate attached— Directions and prescriptions—Responsibilities of requesting jurisdiction
Section 732. Transfer order—Additional conditions—Expenses of return of witness— Effective date
Section 733. Act inapplicable to certain persons
Section 734. Certificate from the Choctaw Nation of Oklahoma to another state to compel prisoner to appear and testify—Contents—Presentation—Notice to attorney general of other state
Section 735. Order directing compliance with terms and conditions of order from another state
Section 736. Immunity from arrest and civil or criminal process
Section 737. Construction of act
Chapter 10. Evidence and Depositions
Section 741. Overt act in conspiracy
Section 742. Accomplice, testimony of
Section 743. False pretenses, evidence of
Section 744. Reserved
Section 745. Reserved
Section 746. Bigamy, proof on trial for
Section 747. Forgery of bill or note of corporation or bank, proof on trial for
Section 748. Perjury in court, evidence as to
Section 749. Sworn statements taken by prosecuting attorney or peace officer of persons having knowledge of criminal offense—Use
Section 750. Reserved
Section 751. Admission of findings—Laboratory and medical examiner’s reports—Release of controlled dangerous substances—Compelled attendance in court of report preparers
Section 752. DNA profile—Use as evidence—Notification of defendant
Conditional Examination of Witnesses
Section 761. Conditional examination of witnesses
Section 762. Conditional examinations in certain cases
Section 763. Affidavit on application for conditional examination
Section 764. Application made to court or judge—Notice
Section 765. Order for examination—Testimony by alternative method
Section 766. Examination before magistrate or certified court reporter
Section 767. When examination shall not proceed
Section 768. Attendance of witness enforced, how
Section 769. Taking and authentication of testimony
Section 770. Transcript read into evidence, when—Objections to questions therein
Section 771. Prisoner, examination of—Oath
Chapter 11. Dismissal of Prosecution
Section 812. Right to speedy trial—Time limits
Section 813. Right to speedy trial—Review process
Section 814. Effect of dismissing action
Section 815. Dismissal by court or on prosecuting attorney’s application
Section 816. Nolle prosequi abolished
Section 817. Dismissal not a bar to another prosecution
Chapter 12. Trial
Section 831. Order of trial proceedings
Section 832. Court to decide the law
Section 833. Province of jury in libel case
Section 834. Jury limited to questions of fact
Section 835. Restriction of argument—Number of counsel
Section 836. Defendant presumed innocent—Reasonable doubt of guilt requires acquittal
Section 837. Doubt as to degree of guilt
Section 838. Reserved
Section 839. Discharge of defendant that he may testify for the Choctaw Nation
Section 840. Discharge of defendant that he may testify for codefendant
Section 841. Higher offense than charged, existence of—Jury discharged
Section 842. Discharge of jury not a former acquittal
Section 843. Trial on original information, when
Section 844. Jury may be discharged, when
Section 845. Disposition of prisoner on discharge of jury
Section 846. Reserved
Section 847. Reserved
Section 848. Reserved
Section 849. Duty of court where no offense charged
Section 850. Court may advise jury to acquit
Section 851. Jury may view place—Custody of sworn officer
Section 852. Juror must declare knowledge of case
Section 853. Custody and conduct of jury before submission—Separation—Sworn officer. 128 Section 854. Jurors—Protective orders
Section 855. Court must admonish jury as to conduct
Section 856. Sickness or death of juror—New juror sworn
Section 857. Requisites of charge of court—Presentation of written charge—Request to charge—Endorsement of disposition on charge presented—Partial refusal
Section 858. Jury after the charge
Section 859. Defendant admitted to bail may be committed during trial
Section 860. Substitute for prosecuting attorney failing or unable to attend trial or disqualified
Section 861. Second or subsequent offenses—Trial procedure
Section 862. Formal exceptions to rulings or orders unnecessary
Chapter 13. Jury—Deliberations and Conduct
Section 891. Jury room
Section 892. Jury may have written instructions, forms of verdict and documents in jury room—Copies of public or private documents
Section 893. Jury brought into court for information—Presence of, or notice to, parties
Section 894. Illness of juror after retirement—Accident or cause preventing keeping together—Discharge
Section 895. Discharge after agreement on verdict or showing of inability to agree
Section 896. Retrial after discharge at same or other term
Section 897. Court during jury’s retirement—Sealed verdicts—Final adjournment for term discharges jury
Chapter 14. Verdict
Section 911. Return of jury into court upon agreement—Discharge on failure of some jurors to appear
Section 912. Presence of defendant required
Section 913. Proceedings when jury appear
Section 914. Form of verdict
Section 915. Degree of crime must be found
Section 916. Included offense or attempt may be found
Section 917. Several defendants—Verdict as to part—Retrial as to defendants not agreed on
Section 918. Jury may reconsider verdict of conviction for mistake of law—Return of same verdict
Section 919. Informal verdict to be reconsidered
Section 920. Judgment when jury persist in informal verdict
Section 921. Polling jury
Section 922. Recording and reading verdict—Disagreement of jurors entered upon minutes— Discharge if no disagreement
Section 923. Defendant discharged on acquittal—Variance resulting in acquittal may authorize new charges
Section 924. Commitment upon conviction
Section 925. Claim of insanity—Duty of court and jury—Commitment to institution
Section 926. Assessment of punishment upon conviction
Section 927. Reserved
Section 928. Reserved
Section 929. Remand for vacation of sentence—New sentencing proceeding
Chapter 15. New Trial—Arrest of Judgment
Section 951. New trial defined—Proceedings on new trial—Former verdict no bar
Section 952. Grounds for new trial—Affidavits and testimony
Section 953. Time for applying for new trial—Limitations
Section 954. Motion in arrest of judgment—Definition—Grounds—Time for
Section 955. Court may arrest on its own motion—Effect of allowing motion
Section 956. Proceedings after motion for arrest of judgment sustained
Chapter 16. Judgment and Execution
Section 961. Court appoints time for pronouncing judgment
Section 962. Appointed time
Section 963. Defendant must be present, when
Section 964. Officer may be directed to produce prisoner
Section 965. Warrant for defendant not appearing—Forfeiture of bond or bail money
Section 966. Clerk to issue bench warrant
Section 966A. Bench warrant, fee for issuance of
Section 967. Form of bench warrant
Section 968. Service of bench warrant, mode of
Section 969. Defendant to be arrested
Section 970. Defendant informed of proceedings
Section 971. Defendant may show cause against judgment—Grounds—Proceedings
Section 972. Rendition of judgment where cause against it not shown
Section 973. Court may hear further evidence, when
Section 974. Testimony—How presented—Deposition of sick or infirm witness
Section 975. Other evidence in aggravation or mitigation of punishment prohibited
Section 976. Concurrent sentences
Section 977. Entry of judgment of conviction—Papers to be filed by clerk—Obtaining date of birth and social security number of defendant
Section 978. Certified copy of judgment furnished to officer—Officer authorized to execute judgment
Section 979. Execution of judgment by sheriff in certain cases—Delivery to proper officer in other cases
Section 980. Duty of sheriff when defendant sentenced to prison
Section 981. Authority of officer while conveying prisoner—Assistance of citizens—Penalty for refusing assistance
Section 982. Reserved
Section 982a. Judicial review
Section 983. Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees, or assessments—Hearing—Installments
Suspension of Judgment and Sentence
Section 991a-1. Sentencing powers of court—Alcohol and drug assessment and evaluation— Restitution, fines, or incarceration—Probation and monitoring—DNA samples
Section 991a-2. Nonviolent felony offenders—Jail imprisonment—Fines and costs
Section 991a-3. Restitution to buyer of property unlawfully obtained
Section 991b. Revocation of suspended sentence—Intermediate sanction process
Section 991c. Deferred sentence
Section 991d. Supervision fee
Section 991f. Restitution
Chapter 17. Reserved
Chapter 18. Appeals
Section 1051. Right of appeal—Review—Corrective jurisdiction—Procedure—Scope of review on certiorari
Section 1052. How governed
Section 1053. Appeals taken by the Choctaw Nation—Allowable cases
Section 1054. Automatic appeal of judgments holding statutes unconstitutional in criminal actions
Section 1055. Time for perfecting appeal—Record and transcript—Notice to transmit— Indigent defendants
Section 1056. Perfecting appeal without filing motion for new trial
Section 1057. Appeal by the Choctaw Nation does not affect judgment
Section 1058. Conditions of bond—Surrender by sureties—Stay of execution—Confinement of defendant when crime not bailable
Section 1059. Reserved
Section 1060. Reserved
Section 1061. Reserved
Section 1062. Exceptions
Section 1063. Reserved
Section 1064. Reserved
Section 1065. Defendants may appeal jointly or severally
Section 1066. Power of Court of Appeals—Return by clerk of district court when new trial granted
Section 1067. Order when no offense committed—When information defective
Section 1068. Reserved
Section 1069. Appeal not dismissed for informality
Section 1070. Judgment to be executed on affirmance
Section 1071. Opinions to be recorded
Section 1072. Record and enforcement of mandate or order in district court—Return by clerk of district court to Clerk of Court of Appeals
Section 1073. Reserved
Section 1074. Reserved
Section 1075. Reserved
Section 1076. Notice to defendant of his right to appeal—Stay of execution of judgment
Section 1077. Bail allowable
Section 1078. Amount of bond—Time to make appeal bond—Stay pending appeal— Additional bond
Section 1079. Denial of bail—Review by habeas corpus
Uniform Post-Conviction Procedure Act
Section 1080. Post-Conviction Procedure Act—Right to challenge conviction or sentence
Section 1081. Commencement of proceeding
Section 1082. Court costs and expenses of representation
Section 1083. Response by state—Disposition of application
Section 1084. Evidentiary hearing—Findings of fact and conclusions of law
Section 1085. Finding in favor of applicant
Section 1086. Subsequent application
Section 1087. Appeal to Court of Appeals
Section 1088. Short title
Section 1088.1. Post-conviction relief applications—Reasonable inquiry—Sanctions
Section 1089. Post-conviction relief—Grounds for appeal
Appeal by the Choctaw Nation
Section 1089.1. Choctaw Nation may appeal certain adverse rulings or orders
Section 1089.2. Notice of intent to appeal—Application to appeal
Section 1089.3. Waiver of right to appeal
Section 1089.4. Review of record
Section 1089.5. Preliminary hearing—Review of record in light most favorable to the Choctaw Nation
Section 1089.6. Erroneous ruling or order—Remand
Section 1089.7. Appeal to Court of Appeals—Bail—Review
Adult Offender Supervision
Section 1090. Offender Supervision outside the Choctaw Nation
Appendix. Rules of the Court of Appeals in Criminal Cases
Section I. General Rules of the Court and Definitions
Rule 1.0. Scope of rules
Rule 1.1. Time of convening
Rule 1.2. Methods for bringing appeals and original actions
Rule 1.3. Records—Withdrawal
Rule 1.4. Computation of time for appeal
Rule 1.5. Clerk’s office closed
Rule 1.6. Attorneys not admitted to practice in the Choctaw Nation; Recognition
Rule 1.7. Communication to be addressed to clerk
Rule 1.8. Notice; Sufficiency
Rule 1.9. Required number of copies; Pleadings and motions; Service
Rule 1.10. Filing fees
Rule 1.11. Application in Forma Pauperis
Rule 1.12. Form of affidavit in forma pauperis
Rule 1.13. Definitions
Rule 1.14. Qualification rule for determination of indigency; Notification; Trial counsel responsibility
Rule 1.15. Use of court reporter’s transcripts and recordings by appellate public defender
Rule 1.16. Application of appellant to proceed with appeal pro se
Section II. Initiating an Appeal from the Trial Court
Rule 2.1. Initiating an appeal (motion for new trial, commencement of appeal, filing of appeal records, appeals by the Choctaw Nation, appeals out of time
Rule 2.2. Form and contents of record
Rule 2.3. Time for completion of record
Rule 2.4. Filing of record
Rule 2.5. Notice of intent to appeal; Designation of record
Section III. Perfecting an Appeal in the Court of Appeals
Rule 3.1. Contents of petition in error; Filing
Rule 3.2. Instruments to be filed to complete the appeal
Rule 3.3. Joinder of appellants
Rule 3.4. Briefs; Service and filing
Rule 3.5. Briefs; Contents; Citation of authorities
Rule 3.6. Failure to appeal or file briefs; Duty of counsel; Scope of review
Rule 3.7. Contempt of Court, what constitutes
Rule 3.8. Assignment for oral argument; Notice
Rule 3.9. Argument; Opening and closing; Time
Rule 3.10. Motion; Requisites
Rule 3.11. Supplementation of record
Rule 3.12. Monitoring appeal time; Motion to dismiss; Notification; Remands for evidentiary hearings
Rule 3.13. Opinions; Definition of votes
Rule 3.14. Rehearing; Requisites of petition
Rule 3.15. Mandate; Stay; Further petition for rehearing
Rule 3.16. Notification of mandate
Section IV. Procedures for Appeal by Certiorari from Plea of Guilty or Nolo Contendere
Rule 4.1. Mandatory form for plea of guilty summary of facts
Rule 4.2. Requirements for commencement of certiorari appeal
Rule 4.3. Time for Lodging Appeal; Record of Proceedings; Contents of Petition in Error; Briefs
Rule 4.4. Service of petition and brief in support on prosecuting attorney
Rule 4.5. Bail pending decision on certiorari appeal
Rule 4.6. Oral argument, opinions, rehearing and issuance of mandate
Section V. Procedures for Appealing Final Judgment under Post-Conviction Procedure Act
Rule 5.1. Purpose of procedures
Rule 5.2. Appeal from final judgment
Rule 5.3. Duties of court clerks and court reporters
Rule 5.4. Duties of the judge of the District Court
Rule 5.5. Final order; Exhaustion of Choctaw Nation remedies
Rule 5.6. Form for application for post-conviction relief
Section VI. Appeal by Choctaw Nation from Adverse Ruling of Magistrate
Rule 6.1. Commencement of appeal
Section VII. Procedure for Appealing from an Order Adjudicating a Juvenile to Be Delinquent
Rule 7.1. Cases which may be appealed
Rule 7.2. Notice of intent to appeal
Rule 7.3. Time for perfecting appeal; Extension request; Record of proceedings
Rule 7.4. Duties of court clerk
Rule 7.5. Petition in error; Time for filing; Contents; Brief
Rule 7.6. Oral argument; Opinions; Rehearing; Issuance of mandate
Rule 7.7. Stay of proceedings
Section VIII. Procedures Relating to Imprisonment for Nonpayment of Fines and Costs 207 Rule 8.1. Judicial hearings
Rule 8.2. Immediate confinement on refusal or neglect to pay fine and/or costs
Rule 8.3. Ordering installment payments and fixing the date
Rule 8.4. Failure to make installment payments when due
Rule 8.5. Inability to pay installments because of physical disability or poverty
Rule 8.6. Change of conditions; Incarceration for failure to appear or satisfy fine and/or costs
Rule 8.7. Court reporter; Judicial order reduced to writing and filed of record; Contents of order
Rule 8.8. Direct appeal from an order of detention and scope of appeal
Section IX. Reserved
Section X. Extraordinary Writs
Rule 10.1. Types of extraordinary writs; Jurisdiction; Duties of District Court Clerk
Rule 10.2. Ten-day rule
Rule 10.3. Notice
Rule 10.4. Oral argument, response, disposition, evidentiary hearing
Rule 10.5. Perfecting petition for extraordinary writ
Rule 10.6. Requirements for particular writs
Section XI. Accelerated Docket Procedures
Rule 11.1. Creation of an accelerated docket
Rule 11.2. Automatic assignment of certain cases to the accelerated docket
Rule 11.3. Application for accelerated docket in cases not included above
Rule 11.4. Cases not eligible for placement on the accelerated docket
Rule 11.5. Forms to be used relative to the accelerated docket
Section XII. Reserved
Section XIII. Forms
Rule 13.0. Mandatory forms to be utilized in criminal cases in the Choctaw Nation of Oklahoma
Form 13.1. Reserved
Form 13.2. Affidavit in Forma Pauperis
Form 13.3. Pauper’s affidavit
Form 13.4. Notice of intent to appeal
Form 13.5. Certification of appeal rights
Form 13.6. Application to proceed pro se on direct appeal
Form 13.7. Order allowing defendant to proceed pro se on appeal
Form 13.8. Uniform Judgment and Sentence
Form 13.9. Certificate of original record
Form 13.10. Uniform plea of guilty—Summary of facts
Form 13.11. Application for Post-Conviction Relief
Form 13.12. Reserved
Form 13.13. Accelerated docket waiver
Form 13.14. Application for accelerated docket
Form 13.15. Response to application for accelerated docket
Section XIV. Expungement of Records
Rule 14.1. Expungement of records
Rule 14.2. Application for expungement
Rule 14.3. Inspection of expunged criminal appellate records
Section XV. Reserved
Chapter 19. Bail
Section 1101. Offenses bailable—Who may take bail
Section 1102. Reserved
Section 1103. Reserved
Section 1104. Qualifications of bail—Justification
Section 1105. Defendant discharged on giving bail—Exceptions
Section 1106. Deposit Equivalent to Bail
Section 1107. Arrest by Bail—Defendant Recommitted—Exoneration of Bail
Section 1108. Forfeiture of Bail
Section 1109. Own Recognizance Bonds—Posting—Forfeiture
Section 1110. Circumstances Requiring Better Security
Section 1111. Jumping Bail—Penalties
Section 1112. Plea of Guilty
Section 1113. Stamping and Filing of Traffic Tickets—Duty to Prosecute
Traffic Bail Bond Procedure Act
Section 1115. Short title—Application
Section 1115.1. Release on personal recognizance—Arraignment—Plea—Failure to plead or appear
Section 1115.1A. Release on personal recognizance for traffic violation—Arraignment— Plea—Failure to plead or appear
Section 1115.2. Posting bail after release on personal recognizance for traffic violation— Failure to appear—Person ineligible for release on personal recognizance—Juveniles
Section 1115.2B. Posting bail after release on personal recognizance for traffic violation— Failure to appear—Person ineligible for release on personal recognizance—Juveniles
Section 1115.3. Traffic-related offenses—Bail
Section 1115.4. Court clerk not liable on dishonored check—Bench warrant and arrest of issuer
Chapter 20. Fugitives from Justice
Section 1121. Rewards for apprehension of fugitives
Section 1122. Reward for arrest and conviction of person committing felony
Section 1123. Extradition—Delivery of accused
Criminal Extradition Act
Section 1134. Costs of returning fugitives
Section 1135. Foreign arrests—Fees or rewards forbidden
Section 1136. Foreign arrests—Misdemeanors
Uniform Criminal Extradition Act
Section 1141.1. Definitions
Section 1141.2. Duty of Chief
Section 1141.3. Requisites of demand—Accompanying papers
Section 1141.4. Investigation and report
Section 1141.5. Agreement for return to other state—Surrender of person leaving state involuntarily
Section 1141.6. Surrender of persons not fleeing from demanding state
Section 1141.7. Warrant of arrest of Chief
Section 1141.8. Authority conferred by warrant
Section 1141.9. Authority to command assistance
Section 1141.10. Notice of demand to alleged fugitive—Counsel—Habeas corpus
Section 1141.11. Disobedience of preceding section
Section 1141.12. Confinement of prisoner in jail
Section 1141.13. Issuance of warrant of arrest by judge or magistrate
Section 1141.14. Arrest without warrant
Section 1141.15. Commitment by judge or magistrate
Section 1141.16. Bail
Section 1141.17. Discharge or recommitment
Section 1141.18. Forfeiture of bail
Section 1141.19. Demand for person against whom prosecution pending
Section 1141.20. Inquiry into guilt or innocence
Section 1141.21. Recalling warrant—New warrant
Section 1141.22. Warrant to agent to receive person demanded
Section 1141.23. Application to Chief by prosecuting attorney for requisition
Section 1141.24. Immunity from civil process
Section 1141.25. Waiver of proceedings and consent to return to demanding state
Section 1141.26. Rights of state not deemed waived
Section 1141.27. Trial for other offenses than that specified
Section 1141.28. Uniformity of construction
Section 1141.29. Partial invalidity
Uniform Disposition of Criminal Cases on the Merits Act
Section 1145.1. Short title
Section 1145.2. Purpose of act
Section 1145.3. Definitions
Section 1145.4. Disposal of criminal charge at request of defendant
Section 1145.5. Relief available—Effect of judgment—Act as supplemental
Section 1145.6. Procedures, rules and regulations
Chapter 21. Habeas Corpus
Section 1151. Habeas corpus for person to testify or be surrendered on bail
Chapter 22. Insanity of Accused
Section 1161. Acts of insane person not punishable—Acquittal on ground of insanity— Discharge procedure—Forensic Review Board
Section 1162. Jury to try sanity
Section 1163. Sanity hearing—Criminal trial to be suspended
Section 1164. Order of trial of sanity
Section 1165. Rules governing sanity trial
Section 1166. Sanity hearing—Trial or judgment to proceed if defendant sane
Section 1167. Finding of insanity—Suspension of trial or judgment—Commitment to hospital
Section 1168. Commitment in sanity hearing exonerates bail
Section 1169. Restoration to sanity
Determination of Competency—Procedure
Section 1175.1. Definitions
Section 1175.2. Application for determination of competency—Service—Notice—Suspension of criminal proceedings
Section 1175.3. Hearing—Date—Evidence—Orders—Examination of accused—Instructions to physician
Section 1175.4. Post-examination competency hearing—Evidence—Presumptions—Presence of accused—Witnesses—Instructions
Section 1175.5. Questions to be answered in determining competency
Section 1175.6. Disposition orders—Placement in secure ward
Section 1175.6a. Person capable of achieving competence within reasonable time— Suspension of criminal proceedings—Civil commitment
Section 1175.6b. Incompetence due to mental retardation—Suspension of criminal proceedings—Placement—Conditional release
Section 1175.6c. Person incompetent for reasons other than needed treatment or due to mental retardation—Dangerous to self or others—Placement
Section 1175.7. Persons incompetent but capable of achieving competency within reasonable time—Treatment order—Medical supervisor—Commitment—Private treatment—Involuntary commitment to Choctaw Nation Health Services Authority prohibited
Section 1175.8. Resumption of competency
Section 1176. Raising issue of mental illness or insanity at time of offense
Chapter 23. Reserved
Chapter 24. Searches and Seizures
Section 1221. Search warrant defined
Section 1222. Grounds for issuance of search warrant—Seizure of property
Section 1223. Probable cause must be shown
Section 1224. Electronically recorded oral statement—Transcription
Section 1225. Oral testimony supplemental to affidavit
Section 1226. Filing and indexing of documents
Section 1227. Requisites of search warrant—Issuing magistrate
Section 1228. Form of search warrant
Section 1229. Service of search warrant
Section 1230. Execution of search warrant without warning or notice—Forced entry—Exigent circumstances
Section 1231. Execution of search warrant—Liberating person detained
Section 1232. Time for service of search warrant
Section 1233. Search warrant void after ten days
Section 1234. Disposition of property recovered
Section 1235. Return of search warrant
Section 1236. Hearing on issuance of warrant
Section 1237. Testimony on hearing for warrant
Section 1238. Restoration of property to person searched
Section 1239. Papers returned to district court
Section 1240. Procuring search warrant without cause
Section 1241. Officer exceeding authority
Section 1242. Search of defendant for weapons or evidence
Chapter 25. Miscellaneous Provisions
Section 1274. Informalities or errors not fatal if not prejudicial
Section 1275. Clerk to keep record of informations and bonds
Section 1276. Record of informations and bonds not public
Section 1277. Interpreters for deaf mutes—Appointment—Oath—Compensation
Stolen Property and Property Taken from Defendant
Section 1321. Custody and return of stolen or embezzled property
Section 1322. Stolen property—Magistrate to order delivery, when
Section 1323. Magistrate to deliver stolen property, when
Section 1324. Trial court may deliver stolen property
Section 1325. Unclaimed property or money in possession of the Department of Public Safety—Disposition—Procedure
Section 1327. Disposition of exhibits
Section 1341. Definitions
Section 1342. Peace officers—Arrest without warrant
Section 1343. Detention of suspect—Purposes
Section 1344. Concealing un-purchased merchandise—Presumption
Section 1355. Short Title
Section 1356. Creation of the Office of the Public Defender
Section 1357. Appointment of Public Defender
Section 1358. Determination of need for Public Defender
Section 1359. Compensation—Private Practice
Section 1360. Duties of Public Defender
Section 1361. Duties of the Chief Public Defender
Section 1362. Secretaries, Investigators and Other Staff—Salaries
Section 1363. Reassignment of Case upon Conflict of Interest
Section 1364. Compensation of Expert Witnesses
Section 1365. Appeals by Public Defender
Section 1366. Costs of Representation of Public Defender
Chapter 26. Reserved
Chapter 27. Reserved
Chapter 28. Reserved
Chapter 29 Reserved
Chapter 30 Reserved
Chapter 31. Reserved
Chapter 32. Criminal Discovery Code
Section 2001. Short title—Scope
Section 2002. Disclosure of evidence—Continuing duty to disclose—Time of discovery— Regulation of discovery—Reasonable cost of copying, duplicating, and videotaping
Choctaw Nation of Oklahoma Tribal Guardianship and Conservatorship Act:
Article I. General Provisions
Section 1-101. Title of Chapter
Section 1-102. Force of Common Law and Effect of Tribal Custom
Section 1-103. Legislative Purpose and Construction
Section 1-104. Definition of Guardian
Section 1-105. Definition of Ward
Section 1-106. Classifications of Guardians
Section 1-107. General, Limited and Emergency Guardian.
Section 1-108. Definitions
Section 1-109. Medical Treatment
Section 1-110. Applicability of the Act
Section 1-111. Appointment of Guardian – Exclusive Jurisdiction.
Section 1-112. Jurisdiction of Court over Guardians and Guardianship Proceedings.
Section 1-113. Venue for Guardianship Proceedings.
Section 1-114. Guardian of Property of a Person Not Residing Within the Choctaw Nation of Oklahoma
Section 1-115. Guardian Powers
Section 1-116. Confidential Information.
Section 1-117. Guardianship Letters
Section 1-118. Time Computation
Section 1-119. As Used in the Act the Following List of Acronyms Apply.
Section 1-120. Guardians ad litem – Power to appoint – Appointment.
Section 1-121. Power of guardian of the person – Report of change of ward’s abode – Power of limited guardians.
Section 1-122. Guardian of the Property – Power – Fiduciary Duty
Article II. Minors.
Section 2-101. Appointment of Guardian of Minor
Section 2-102. Guardian Nominations
Section 2-103. Nomination and Appointment of Minor – Age of Minor
Section 2-104. Minor at 14 Years of Age May Nominate Guardian Subject to Approval of Court
Section 2-105. Appointment of Guardian When Minor has Attained 14 Years of Age.
Section 2-106. Appointment of Parents as Guardians
Section 2-107. Appointed Guardian in Charge of Education.
Section 2-108. Expenses of Education and Maintenance of Minor May Be Defrayed Out of Minor’s Property.
Section 2-109. Appointment Conditions
Section 2-110. When Power of Guardian Appointed for Minor Ceases
Section 2-111. Minor Ward at Majority – Release of.
Section 2-112. Discharge of Guardian by Court
Article III. Adults.
Section 3-101. Appointment of Guardian Petition.
Section 3-102. Nomination of Guardian by Person 18 years of Age – Priorities of Nominations.
Section 3-103. Nomination of Guardian or Limited Guardian by Will for Incapacitated Person.
Section 3-104. Priorities for Selection of Guardian or Limited Guardian – Appointment of Organization – Inquiry as to Suitability of Guardian – Appointment of Public Agency
Section 3-105. Nominee Unable or Unwilling to Serve
Section 3-106. Rights of Incapacitated or Partially Incapacitated Person – Confidentiality – Relief from Costs and Fees – Record.
Section 3-107. Appointment of Attorney and Guardian Ad Litem – Explanation and Inquiry by Court if Subject not Represented – Record.
Section 3-108. Evaluations of Subject of Proceeding in Connection with Proceeding.
Section 3-109. Petitions for Guardians of Incapacitated or Partially Incapacitated Person – Notice
Section 3-110. Notice of Hearing on Petition Requesting Appointment of Guardian for Incapacitated or Partially Incapacitated Person
Section 3-111. Guardian Appointed, When
Section 3-112. Reserved.
Section 3-113. Contents of Order Appointing Guardian – Specific Determinations Regarding Capacity – Guardianship Plan
Section 3-114. Assignment of Powers and Duties to Limited Guardian – Creation of Limited Guardianship – Limitation or Specification of Assets.
Section 3-115. Appointment of Emergency Guardian in Certain Instances – Notice – Powers – Duration – Removal.
Section 3-116. Proceedings to Determine Restoration to Capacity.
Section 3-117. Guardian of Incompetent – Discharge – Presumed Competent
Section 3-118. Proposed Guardianship Plan for Care and Treatment of Ward
Section 3-119. Duty to Keep Property of Ward Safe – Fiduciary Duties
Section 3-120. Plans for Management of Financial Resources of Ward – Form
Section 3-121. Duties and Powers of Guardian or Limited Guardian.
Section 3-122. Limitation of Powers of Guardian
Section 3-123. Establishment by Reason of Physical Disability – Consent – Notice – Hearing.
Section 3-124. Appointment of Conservator After Full Hearing and Examination – Consent
Section 3-125. Conservator’s Power and Duties – Jurisdiction.
Section 3-126. Discharge and Accounting.
Section 3-127. Reserved
Section 3-128. Subsequent Appointment of Guardian of Said Ward.
Section 3-129. Limitation on Power to Contract.
Article IV. Miscellaneous.
Section 4-101. Disqualification by Financial Relations with Judge.
Section 4-102. Inquiry into Suitability of Person Proposed to Serve as Guardian
Section 4-103. Guardian’s Bond – Letters to Issue on Filing
Section 4-104. Petition Requesting Further Security – Suspension of Powers – Order.
Section 4-105. Court May Require New Bond – Discharging Sureties
Section 4-106. Bonds to be Preserved – Breach of Condition – Actions on Bonds.
Section 4-107. Statute of Limitation of Action – Effect of Disability.
Section 4-108. Inventory and Account of Ward’s Estate.
Section 4-109. Account Settlement and Allowance – Reports – Consolidation of Reports – Accounting Information.
Section 4-110. Account Rendered by Two or More Joint Guardians
Section 4-111. Report on Guardianship of Incapacitate or Partially Incapacitated Person.
Section 4-112. Mailing of Copies of Annual Report Upon Filing – Hearing – Report Without Notice – Compensation – New Bond – Appointment of Counsel to Represent Ward.
Section 4-113. Applications to Court for Relief – Contents for Application – Notice and Hearing – Order – Appointment of Counsel – Joinder – Evaluation of Ward – Hearing Without Notice
Section 4-114. Appointing More than One Guardian – Bond
Section 4-115. Two or More Guardians
Section 4-116. Death of One of Two or More Joint Guardians
Section 4-117. Payment of Just Debts.
Section 4-118. Collection and Settlement of Accounts – Appearance for Ward
Section 4-119. Discharge and Release.
Section 4-120. Service upon Guardian Equivalent to Service upon Ward – Duty of Guardian
Section 4-121. Credit in Settlement for Maintenance and Support of Ward – Payment by Third Person.
Section 4-122. Execution of Waivers or Consents for Wards.
Section 4-123. Sale of Property
Section 4-124. Petition – Facts and Circumstances.
Section 4-125. Sale of Ward’s Property – Hearing – Notice – Order
Section 4-126. Mailing or Publication of Order – Waiver of Notice.
Section 4-127. Hearing Petition upon Order
Section 4-128. Partition of Real Property
Section 4-129. Order for Sale Either Public or Private
Section 4-130. Time Expiration on Order of Sale
Section 4-131. Terms of Sale – Security
Section 4-132. Time Limitation of Action for Recovery of Property Sold – Disability and Removal Thereof
Section 4-133. Perishable Property Sale – Report – Determination of Perishability
Section 4-134. Causes for Removal of Guardians.
Section 4-135. Power of Guardian Suspension upon Certain Factors – Effect of Marriage of Incapacitated or Partially Incapacitated Person.
Section 4-136. Removal or Resignation of Guardian.
Section 4-137. Discharge of Unnecessary Guardianship.
Section 4-138. Distribution of Personal Property of Intestate Ward
Section 4-139. Report of Abuse or Incapacitated Person or Minor – Failure to Report – Immunity from Liability – False Report
Article V. Supervised Accounts.
Section 5-101. IIM Accounts.
Section 5-102. Persons Covered by Act.
Section 5-103. Preparation of Distribution Plan
Section 5-104. Distribution Plans
Section 5-105. Signatory Prohibited.
Section 5-106. Provisions in Distribution Plans
Section 5-107. Rules for Fund Distribution.
Section 5-108. Minor Attaining Majority Rule.
Section 5-109. Review of Minor’s File Before Attaining Majority.
Section 5-110. Judgment Per Capita Accounts.
Section 5-111. IIM Account – Supervised Account.
Section 5-112. Removal of Restrictions on IIM Accounts.
Section 5-113. Individual Rights of Individuals/Guardians
Section 5-114. Notice Necessary to Restrict IIM Account.
Section 5-115. Appeals
Choctaw Nation Marriage Act:
Section 1. Marriage defined
Section 2. Consanguinity
Section 3. Who may marry
Section 3.1. Recognition of marriage between persons of same gender prohibited
Section 4. License required
Section 5. Application--Fees--Issuance of license and certificate
Section 6. License--Contents
Section 7. Solemnization of marriages
Section 8. Endorsement and return of license
Section 9. Records--Return of original
Section 10. Evidence before issue of license
Section 11. Copy of record--Admission as evidence
Section 12. Penalty for performing unlawful marriage
Section 13. Miscellaneous offenses--Penalties
Section 14. Soliciting in or near courthouse or grounds prohibited
Section 15. Punishment for violations
Section 16. Injunction against violations
Section 17. Unlawful sales of papers or instruments relating to marriage licenses--Penalty
Section 18. Computation of time
Section 19. Issuance of license--Delivery to person officiating--Return to licensing authority
Divorce and Alimony
Section 100. Dissolution of Marriage Act
Section 101. Grounds for dissolution of marriage
Section 102. General Jurisdiction
Section 103. Continuing Jurisdiction
Section 104. Exercise of Jurisdiction
Section 105. Petition and summons
Section 106. Response
Section 107. Actions where minor child involved--Delayed final order--Waiver--Completion of educational program—Exceptions
Section 107.1. Actions where minor child involved--Court ordered educational program
Section 107.2. Appointment of guardian ad litem--Referral to mediation or counseling--Definitions--False accusations of child abuse or neglect
Section 107.3. Motion for an emergency custody hearing
Section 108. Parties in equal wrong--Custody of children--Disposition of property
Section 109. Awarding custody or appointing guardian--Joint custody--Domestic violence, stalking, or harassment--Court considerations
Section 109.1. Custody during parents’ separation
Section 109.2. Paternity determination
Section 109.3. Custody, guardianship or visitation cases--Evidence of domestic abuse
Section 109.4. Grandparental visitation rights
Section 109.5. Voluntary relinquishment of physical custody--Presumption
Section 109.6. Certain information and records to be available to both custodial and non-custodial parent
Section 110. Automatic temporary injunction--Temporary orders
Section 110.1. Shared parenting—Policy
Section 110.1a. Choctaw Nation Child Supervised Visitation Program--Policy—Definitions
Section 110.2. Blood, saliva, urine or any other tests--Child custody or visitation
Section 111. Indirect contempt for disobedience of certain orders relating to dissolution of marriage or separate maintenance actions
Section 111.1. Minimum visitation between non-custodial parent and child--Domestic violence or stalking-- Failure to pay child support--Enforcement of visitation order
Section 111.1A. Standard visitation schedule--Advisory guidelines
Section 111.2. Civil action for child stealing
Section 111.3. Interference with visitation rights of non-custodial parent--Motion for enforcement
Section 111.4. Protection of child from child abuse or neglect or domestic violence by parent--Suspension of visitation
Section 112. Care and custody of children
Section 112.1. Definitions--Child support--Parental rights and duties--Actions and jurisdiction
Section 112.2. Evidence of ongoing domestic abuse or child abuse--Determinations relating to convicted sex offenders—Presumption
Section 112.2A. Parent’s right to change child’s residence
Section 112.3. Notice of proposed relocation or change of residence
Section 112.4. No duty to maintain stepchildren
Section 112.5. Custody or guardianship--Order of preference--Death of custodial parent--Preference of child- -Evidence of domestic abuse--Registered sex offenders
Section 112.6. Awarding of attorney fees and costs--Victim of domestic violence or stalking
Section 113. Preference of child
Section 114. Interest on delinquent court-ordered child support payments and payments of suit money
Section 115. Order for child support or modification of order--Provision for income assignment
Section 116. Security, bond or other guarantee for child support
Section 117. Modification, suspension or termination of order for income assignment
Section 118. Child support guidelines
Section 118A. Definitions
Section 118B. Computation of gross income--Imputed income--Self-employment income--Fringe benefits-- Social Security Title II benefits
Section 118C. Deductions from gross income for qualified other children
Section 118D. Computation of child support as percentage of parents’ combined gross income--Prospective adjustment--Transportation expenses--Support order summary form
Section 118E. Parenting time adjustment--Reduction in child support obligation
Section 118F. Medical support order
Section 118G. Actual annualized child care expenses
Section 118H. Deviation from guidelines child support amount
Section 118I. Modification of child support orders
Section 118.1. Disclosure of financial status
Section 118.2. Reserved
Section 118.3. Request for wage and tax information
Section 118.4. Assignment of child support--Attorney fees
Section 119. Computation of child support obligations
Section 120. Child support forms
Parenting Coordinator Act
Section 120.1. Parenting Coordinator Act--Short title
Section 120.2. Definitions
Section 120.3. Appointment of parenting coordinator--Party agreement--Authority--Meetings--Parental rights--Removal
Section 120.4. Report of decision
Section 120.5. Fees
Section 120.6. Qualifications
Section 120.7. Court expert--Procedures
Section 121. Restoration of maiden or former name--Alimony--Division of property
Section 122. Effect of dissolution of marriage
Section 123. Remarriage and cohabitation--Appeal from judgment
Section 124. Bigamy a crime
Section 125. Reserved
Section 126. Remarriage within six months as ground for annulment
Section 127. Time when judgments in dissolution of marriage actions become final--Effect of appeal
Section 128. Avoidance of marriage of incompetents
Section 129. Alimony without dissolution of marriage
Section 130. Evidence
Section 131. Residency in dissolution of marriage cases
Section 132. Parties may testify
Section 133. Setting aside of dissolution of marriage decrees upon petition of parties
Section 134. Alimony payments--Designation of support and property payments--Termination of support-- Cohabitation by former spouse--Modification of support--Disposable retired or retainer military pay
Section 135. Lien for arrearage in child support payments
Section 136. Mailing of alimony and support payments--Evidence of support payments--Income assignment fee
Section 137. Past due payments to operate as judgments--Cessation of lien after period of years--Duration of arrearage payment schedules
Section 138. Recording of costs in child support enforcement cases--Assessment against non-prevailing party
Section 139. Legal right to child support
Section 139.1. Revocation, suspension, non-issuance, or nonrenewal of license or placement of obligor on probation as remedy for noncompliance with support order
Section 140. Problem-solving court program--Participation by obligors of state child support plan
Deployed Parents Custody and Visitation Act
Section 150. Deployed Parents Custody and Visitation Act
Section 150.1. Definitions
Section 150.2. Jurisdiction to Enter Order Regarding Custodial Responsibility
Section 150.3. designation of Family Member or Other Person to Exercise Deployed Parent’s Visitation Rights
Section 150.4. Notice of Deployment Provided to Non-deploying Parent
Section 150.5. Expedited Hearing
Section 150.6. Temporary Custody Orders-Election to Proceed by Electronic Communications-Privilege of Deploying Parent
Section 150.7. Court Authority to Make Certain Orders
Section 150.8. Family Member Visitation-Designation by Deployed Parent-Unusual Travel Costs Appearance at hearing-Rebuttable Presumptions-Enforcement of Temporary order
Section 150.9. Completion of Deployment-Notice-Termination of Temporary Order
Section 150.10. Penalties and Sanctions for Bad Faith or Failure to Comply with Act or Court Order
Husband and Wife
Section 201. Mutual Obligations
Section 202. Duty to Support
Section 203. Separate Property
Section 204. Contracts
Section 205. Relations cannot be Altered by Contract--Separation Agreements
Section 206. Mutual Consent as Consideration for Separation Agreement
Section 207. Manner of Holding Property--Inventory of Separate Property
Section 208. Liability for acts and debts of spouse--Curtesy and dower abolished
Section 209. Joint and Several Liability of Husband and Wife
Section 210. Parent’s Liability for Value of Child’s Necessaries
Section 211. Liability on Abandonment or Separation by Agreement
Section 212. Management, Sale or Encumbrance of Property of One by the Other, When
Section 213. Contracts Binding on both--Liability for Acts--Suits and Proceedings
Section 214. Order Set Aside, When
Section 215. Rights of Married Women
Choctaw Nation Centralized Support Registry Act
Section 410. Short title
Uniform Child Custody Jurisdiction and Enforcement Act
Article 1. General Provisions
Section 500-101. Short title
Section 500-102. Definitions
Section 500-103. Proceedings governed by other law
Section 500-104. Application to Indian tribes
Section 500-105. International application of act
Section 500-106. Effect of child custody determination
Section 500-107. Priority
Section 500-108. Notice to persons outside state
Section 500-109. Appearance and limited immunity
Section 500-110. Communication between courts
Section 500-111. Taking testimony in another state
Section 500-112. Cooperation between courts--Preservation of records
Article 2. Jurisdication
Section 500-201. Initial child custody jurisdiction
Section 500-202. Exclusive, continuing jurisdiction
Section 500-203. Jurisdiction to modify determination
Section 500-204. Temporary emergency jurisdiction
Section 500-205. Notice--Opportunity to be heard—Joinder
Section 500-206. Simultaneous proceedings
Section 500-207. Inconvenient forum
Section 500-208. Jurisdiction declined by reason of conduct
Section 500-209. Information to be submitted to court
Section 500-210. Appearance of parties and child
Article 3. Enforcement
Section 500-301. Definitions
Section 500-302. Enforcement under Hague Convention
Section 500-303. Duty to enforce
Section 500-304. Temporary visitation
Section 500-305. Registration of child custody determination
Section 500-306. Enforcement of registered determination
Section 500-307. Simultaneous proceedings
Section 500-308. Expedited enforcement of child custody determination
Section 500-309. Service of petition and order
Section 500-310. Hearing and order
Section 500-311. Warrant to take physical custody of child
Section 500-312. Costs, fees, and expenses
Section 500-313. Recognition and enforcement
Section 500-315. Role of prosecutor
Section 500-316. Role of law enforcement
Article 4. Miscellaneous Provisions
Section 500-401. Application and construction
Section 500-402. Transitional provision
Uniform Interstate Family Support Act
Article 1. General Provisions
Section 601-100. Short title
Section 601-101. Definitions
Section 601-102. Tribunals of the Choctaw Nation of Oklahoma
Section 601-103. Remedies cumulative
Article 2. Jurisdiction
Section 601-201. Bases for jurisdiction over nonresident
Section 601-202. Duration of jurisdiction
Section 601-203. Initiating and responding tribunal of the Choctaw Nation of Oklahoma
Section 601-204. Simultaneous proceedings in another state
Section 601-205. Continuing, exclusive jurisdiction--Controlling order
Section 601-206. Request for enforcement of order by tribunal of other state
Section 601-207. Determination of controlling order
Section 601-208. Child support orders for two or more obligees
Section 601-209. Credit for payments
Section 601-210. Receipt of evidence from another state--Applicable law
Section 601-211. Modification of spousal support order--Request for enforcement to tribunal of another state
Article 3. General Civil Provisions
Section 601-301. Proceedings under this act
Section 601-302. Action by minor parent
Section 601-303. Application of law of the Choctaw Nation of Oklahoma
Section 601-304. Duties of initiating tribunal
Section 601-305. Duties and powers of responding tribunal
Section 601-306. Inappropriate tribunal
Section 601-307. Duties of support enforcement agency
Section 601-308. Powers of Tribal Prosecutor
Section 601-309. Private counsel
Section 601-310. Duties of state information agency
Section 601-311. Petition--Contents and accompanying documents
Section 601-312. Sealing of information
Section 601-313. Costs and fees
Section 601-314. Limited immunity of petitioner
Section 601-315. Nonparentage as defense
Section 601-316. Special rules of evidence and procedure
Section 601-317. Communications between tribunals
Section 601-318. Assistance with discovery
Section 601-319. Receipt and disbursement of payments--Payment to enforcement agency of another state-- Certified statement
Article 4. Establishment of Support Order
Section 601-401. Petition to establish support order
Article 5. Enforcement of Another state’s Order Without Registration
Section 601-501. Recognition of income-withholding order issued in another state
Section 601-502. Employer obligations
Section 601-503. Two or more income-withholding orders
Section 601-504. Employer’s civil liability limited
Section 601-505. Willful non-compliance
Section 601-506. Contest of order
Section 601-507. Administrative enforcement of orders
Article 6. Registration, Enforcement and Modification of Support Orders
Section 601-601. Registration of order for enforcement
Section 601-602. Procedure to register order for enforcement
Section 601-603. Effect of registration for enforcement
Section 601-604. Law, procedures, and remedies to be applied
Section 601-605. Notice of registration of order
Section 601-606. Procedure to contest validity or enforcement of registered order
Section 601-607. Contest of registration or enforcement
Section 601-608. Confirmed order
Section 601-609. Procedure to register child support order of another state for modification
Section 601-610. Effect of registration for modification
Section 601-611. Modification of child support order of another state
Section 601-612. Recognition of order modified in another state
Section 601-613. Jurisdiction--Applicability of provisions
Section 601-614. Filing of modified child support order
Section 601-615. Modification of order made by foreign country or political subdivision that is a state
Article 7. Proceedings to Determine Parentage
Article 8. Interstate Rendition
Section 601-801. Grounds for rendition
Section 601-802. Condition of rendition
Article 9. Miscellaneous Provisions
Section 601-901. Uniformity of application and construction
Worker’s Injury Code:
Chapter 1. Preliminary Provisions
Section 1-101. Title of Chapter
Section 1-102. Legislative Purpose
Section 1-103. Jurisdiction
Section 1-104. Effective Date
Section 1-105. Severability
Section 1-106. Headings and Captions
Section 1-107. Gender and Number
Section 1-108. Service of Process
Chapter 2. Worker’s Injury System.
ARTICLE 1. PURPOSE OF THE PLAN
Section 2-101. Designation
Section 2-102. Purpose
ARTICLE 2. DEFINITIONS
Section 2-201. Definitions
ARTICLE 3. REQUIREMENTS TO PARTICIPATE IN PLAN
Section 2-301. Eligibility to Participate
Section 2-302. Cessation of Participation
Section 2-303. Reinstatement of Former Participant
Section 2-304. Effect of Participation
ARTICLE 4. INJURED WORKERS PROGRAM BENEFITS
Section 2-401. Basic Provisions
Section 2-402. Eligibility
Section 2-403. Medical Benefits and Physical Rehabilitation
Section 2-404. Providers
Section 2-405. Death Benefits
Section 2-406. Release to Return to Work
Section 2-407. Lost Time Injury-Wage Replacement
Section 2-408. Average Weekly Wage
Section 2-409. Discharge for Paid Benefits
Section 2-410. Termination of Benefits
ARTICLE 5. ELIGIBILITY FOR INJURED WORKER SYSTEM BENEFITS
Section 2-501. Reporting
Section 2-502. Medical Treatment
Section 2-503. Other Requirements
Section 2-504. Subrogation
ARTICLE 6. ADMINISTRATION
Section 2-601. Nation Designation
Section 2-602. Recusal
Section 2-603. Rights and Duties
Section 2-604. Indemnification
Section 2-605. Non-Discriminatory Exercise of Authority
Section 2-606. Duties of Third Party Administrator
Section 2-607. Denial of Benefits; Notification
ARTICLE 7. FUNDING THIS PLAN
Section 2-701. Non-Insured, Non-Funded Benefits
Section 2-702. No Employee Contributions
ARTICLE 8. ADOPTION OF PLAN BY EMPLOYEES
Section 2-801. Adoption Procedure
Section 2-802. Effect of Adoption by Employer
Section 2-803. Obligations of Employer
ARTICLE 9. AMENDMENT AND TERMINATION
Section 2-901. Amendment
Section 2-902. Termination
ARTICLE 10. MISCELLANEOUS PROVISIONS
Section 2-1001. Non-Alienation of Benefits
Section 2-1002. No Contract of Employment
Section 2-1003. Heirs, Assigns and Personal Representatives
Section 2-1004. Title to Assets
Section 2-1005. Expenses
Section 2-1006. No Admission of Liability
Section 2-1007. Compromise and Release
Chapter 3. Appeals
Section 3-101. Appellate Procedure
Section 3-102. Tribal Court Proceeding
Section 3-103. Notice of Appeal
Section 3-104. Hearing
Section 3-105. Disposition of Administrator Decisions; Remand
Section 3-106. Failure to Comply with Time Limits
Section 3-107. Authority of the Tribal Court
Section 3-108. Costs and Attorney’s Fees
Coueneral Jurisdiction Unification:
Section 1.101. In General
Section 1.102. Recognition of the Court of General Jurisdiction
Section 1.103. Relationship between the Court of General Jurisdiction and the Constitutional Court
Section 1.104. Minimum Qualification of Judges
Section 1.105. Terms of Office
Section 1.106. Disqualification, Suspension, or removal of Judges
Section 1.107. Ratification of Orders of the Court of General Jurisdiction
Section 1.108. Effective Date
Choctaw Nation Bar Association Ethical Conduct:
Title 1. Attorneys and the Bar
Section 1. Choctaw Nation of Oklahoma Bar Association
Section 2. Rules of Professional Conduct
APPENDIX “A” Rules of Professional Conduct for Attorneys Scope of the Rules
PREAMBLE: Responsibilities of the Lawyer
Rule 1.1. Competence
Rule 1.2. Scope of Representation and Allocation of Authority Between Client and Lawyer.
Rule 1.3. Diligence.
Rule 1.4. Communication
Rule 1.5. Fees
Rule 1.6. Confidentiality of Information
Rule 1.7. Conflict of Interest: Current Clients
Rule 1.8. Conflict of Interest; Prohibited Transactions
Rule 1.9. Conflict of Interest: Duties to Former Client
Rule 1.10. Imputation of Conflicts of Interests: General Rule
Rule 1.11. Successive Government and Private Employment.
Rule 1.12. Former Judge or Arbitrator
Rule 1.13. Organization as Client
Rule 1.14. Client with Diminished Capacity
Rule 1.15. Safekeeping Property
Rule 1.16. Declining or Terminating Representation
Rule 1.17. Sale of Law Practice.
Rule 1.18. Duties to Prospective Client
The Lawyer as Counselor
Rule 2.1. Advisor
Rule 2.2. Intermediary
Rule 2.3. Evaluation for Use by Third Persons.
Rule 2.4. Lawyer Serving As Third-Party Neutral
The Lawyer as Advocate
Rule 3.1. Meritorious Claims and Contentions
Rule 3.2. Expediting Litigation.
Rule 3.3. Candor Toward the Tribunal
Rule 3.4. Fairness to Opposing Party and Counsel
Rule 3.5. Impartiality and Decorum of the Tribunal.
Rule 3.6. Trial Publicity
Rule 3.7. Lawyer as Witness
Rule 3.8. Special Responsibilities of a Prosecutor
Rule 3.9. Advocate in Non-adjudicative Proceedings.
Transactions with Persons Other than Clients
Rule 4.1. Truthfulness in Statements to Others
Rule 4.2. Communication with Person Represented by Counsel.
Rule 4.3. Dealing with Unrepresented Person.
Rule 4.4. Respect for Rights of Third Person.
Law Firms and Associations
Rule 5.1. Responsibilities of Partners, Managers, and Supervisory Lawyers.
Rule 5.2. Responsibilities of a Subordinate Lawyer.
Rule 5.3. Responsibilities Regarding Non-lawyer Assistants
Rule 5.4. Professional Independence of a Lawyer.
Rule 5.6. Restrictions on Right to Practice.
Rule 5.7. Responsibilities Regarding Law-Related Services
Rule 6.1. Pro Bono Public Service.
Rule 6.2. Accepting Appointments
Rule 6.3. Membership in Legal Services Organization.
Rule 6.4. Law Reform Activities Affecting Client Interests.
Rule 6.5. Nonprofit and Court-Annexed Limited Legal Services Programs
Information About Legal Services
Rule 7.1. Communications Concerning a Lawyer’s Services.
Rule 7.2. Advertising.
Rule 7.3. Direct Contact With Prospective Clients.
Rule 7.4. Communication of Fields of Practice and Certification.
Rule 7.5. Firm Names and Letterheads
Maintaining the Integrity of the Legal Profession
Rule 8.1. Bar Admission and Disciplinary Matters.
Rule 8.2. Judicial and Legal Officials.
Rule 8.3. Reporting Professional Misconduct.
Rule 8.4. Misconduct
Rule 8.5. Disciplinary Authority; Choice of Law
CODE OF JUDICIAL CONDUCT
Canon 1. A Judge Should Uphold the Integrity and Independence of the Judiciary.
Canon 2. A Judge Should Avoid Impropriety and the Appearance of Impropriety in All of the Judge’s Activities
Canon 3. A Judge Should Perform the Duties of Judicial Office Impartially and Diligently
Canon 4. A Judge Should so Conduct the Judge’s Extra-Judicial Activities as to Minimize the Risk of Conflict with Judicial Obligations
Application of the Code of Judicial Conduct
Rules Governing Disciplinary Proceedings
Rule 1. Jurisdiction of the Court in the Discipline of Lawyers and the Unauthorized Practice of Law
Rule 1.1: Declaration of Jurisdiction
Rule 1.2: Implied Exceptions Negated
Rule 1.3: Discipline for any Act Contrary to the Prescribed Standards of Conduct.
Rule 1.4: Controversies Regarding Fees.
Rule 1.5: Code of Professional Responsibility.
Rule 1.6: Code of Judicial Conduct
Rule 1.7: Discipline.
Rule 2. Reserved
Rule 3. Reserved
Rule 4. Reserved
Rule 5. Filing and Processing of Grievances and Requests for Investigation.
Rule 5.1: Form of Grievances, Requests for Investigations, and Referrals Into a Diversion Program.
Rule 5.2: Filing and Processing of Grievances and Requests for Investigation
Rule 5.3: Initial Action by the Court of Appeals.
Rule 5.4: Grievances Privileged
Rule 5.5: Continuation of Proceedings notwithstanding Failure to Prosecute, Withdrawal or Settlement of Grievance.
Rule 5.6: Pending Litigation.
Rule 5.7: Confidentiality of Disciplinary Investigations and Results.
Rule 5.8: Confidentiality of Disciplinary Records.
Rule 5.9: Proceedings which are to be a Matter of Public Record.
Rule 6. Formal Proceedings before the Court of Appeals
Rule 6.1. Manner of Instituting
Rule 6.2. Contents of the Formal Complaint
Rule 6.2A. Emergency Interim Suspension Orders and Related Relief.
Rule 6.3. Notification of Filing of Complaint.
Rule 6.4. Response to Complaint
Rule 6.5. Amendment of Complaint.
Rule 6.6. Reserved
Rule 6.7. Setting and Notification of Hearing
Rule 6.8. Depositions and Discovery.
Rule 6.9. Hearing Open to the Public.
Rule 6.10. Record of Proceedings.
Rule 6.11. Power of the Court of Appeals in the Conduct of Proceedings
Rule 6.12. Evidence, Procedure and Standard of Proof
Rule 6.13. Reserved
Rule 6.14. Reserved
Rule 6.15. Decision by the Court of Appeals.
Rule 6.16. Cost of Investigations and Disciplinary proceedings Where Discipline Results.
Rule 7. Summary Disciplinary Proceedings Before the Court of Appeals.
Rule 7.1. Criminal Conviction of a Lawyer
Rule 7.2. Reserved
Rule 7.3. Interim Suspension from Practice.
Rule 7.4. Conviction Becoming Final without Appeal
Rule 7.5. Appeal of Conviction
Rule 7.6. Disciplinary Proceedings Based Upon Same Facts as Criminal Proceeding.
Rule 7.7. Disciplinary Action in Other Jurisdictions, as Basis for Discipline.
Rule 7.8. Reserved
Rule 7.9. Reserved
Rule 7.10. Reserved
Rule 8. Resignation Pending Disciplinary Proceedings.
Rule 8.1. Prerequisites for Resignation.
Rule 8.2. Order Approving; Reinstatement
Rule 9. Procedure Following Disciplinary Action by the Court of Appeals and Notice thereof; Winding up of Business of Deceased, Disciplined or missing Lawyer.
Rule 9.1. Notice to Clients; List of other Bars to which Admitted
Rule 9.2. Notice to Other Jurisdictions
Rule 9.3. Appointment of Attorneys to Wind Up the Lawyer’s Business
Rule 10. Suspension for Personal Incapacity to Practice Law
Rule 10.1. Definition
Rule 10.2. Suspension.
Rule 10.3. Procedure in General
Rule 10.4. Inquiry as to Personal Incapacity to Practice Law, Incidental to Disciplinary Proceedings.
Rule 10.5. Joinder of Disciplinary Charges with Charges of Personal Incapacity to Practice Law
Rule 10.6. Representation by Counsel
Rule 10.7. Service of Process or Notice.
Rule 10.8. Proof by Certified Copies
Rule 10.9. Examination by Physicians.
Rule 10.10. Proceedings in the Court of Appeals
Rule 10.11. Application for Reinstatement
Rule 10.12. Confidentiality
Rule 11. Reinstatement
Rule 11.1. Petition for Reinstatement
Rule 11.2. Investigation by the Court of Appeals or Special Prosecutor
Rule 11.3. Reinstatement Hearing
Rule 11.4. Standard of Proof for Petitions for Reinstatement.
Rule 11.5. Findings Prerequisite to Reinstatement
Rule 11.6. Decision by the Court of Appeals.
Rule 11.7. Notice of Decision and Petition for Rehearing.
Rule 11.8. Reinstatement without Order after Suspensions of Two (2) Years or Less
Rule 12. Reserved.
Rule 13. Service
Rule 13.1. Manner of Service
Rule 14. Reserved.
Rule 15. Immunity.
Rule 15.1. Immunity for Official Acts
Court of General Jurisdiction Establishment
Section 1.101: In General
Section 1.102: Composition of the Court of General Jurisdiction
Section 1.103: Minimum Qualification of Judges
Section 1.104: Terms and Appointments of Judges
Section 1.105: Temporary Vacancies or Recusal or Disqualification of a Judge
Section 1.106: Special District Judge
Section 1.107: Oath of Office
Section 1.108: Duties and Powers of the Appellate Court Division
Section 1.109: Duties and Powers of the District Court
Section 1.110: Compensation for Judges and Court Personnel
Section 1.111: Decisions of the Courts
Section 1.112: Rules of the Court
Section 1.113: Appellate Court Authority on Appeals
Section 1.114: Conduct of Court Sessions
Section 1.115: Court Fund
Article 2 Procedures for Disqualification of a Judge
Section 2-101: Methods for Disqualification of a District Judge
Section 2-102: Circumstances and Procedure for Order of Disqualification of District Judge
Section- 103: 2- Disqualification of Appellate Court Judges
Section 2-104: Removal of Judges
Section 2.105: Temporary Suspension
Section 3.101: Establishment of Office of the Court Clerk
Section 3.102: Clerk to Serve Appeals and District Courts
Section 3.103: Clerk as Department Director
Section 3.104: Powers and Duties
Section 3.105 Seal
Section 3.106 Certification of True Copies
Section 3.107: Courts Always Open
Section 3.108: Trials and Hearings-Orders in Chambers
Section 3.109: Clerk's Office and Orders by the Clerk
Section 3.110: Notice of Orders or Judgments
Section 3.111: Books and Records Kept By the Clerk and Entries Therein
Section 3.112: Stenographic Report or Transcript as Evidence
Section 1.113: Judgment Docket
Section 3.114: Execution Docket
Section 3.115: Clerk May Collect Judgment and Costs
Section 3.116: Clerks to Issue Writs and Orders
Section 3.117: Clerk to File and Preserve Papers
Section 3.118: Each Case to Be Kept Separate
Section 3.119: Endorsements
Section 3.120: Entry on Return of Summons
Section 3.121: Material for Record
Section 3.122: Memorializing Record
Section 3.123: Clerk to Keep Court Records Books and Papers; Statistical and Other Information
Section 3.124: Applicable To District and Appeals Court
Section 3.125: Bonds
Section 3.126: Full Faith and Credit to State Court Judgments
Choctaw Nation Peacemaking Act:
Section 1. Title
Section 2. Creation and purpose
Section 3. Qualifications of peacemakers
Section 4. Jurisdiction of peacemakers
Section 5. Limitations of peacemakers
Section 6. Appointment of a peacemaker
Section 7. Use of Choctaw Nation traditions and customs
Section 8. Use of tribal traditions and customary law
Section 9. Procedures for requesting to transfer as an existing action to a peacemaker
Section 10. General provisions
Section 11. Procedure before a peacemaker
Section 12. Form of agreements and proposed orders
Section 13. Enforcement of orders
Section 14. Admissibility of statements made in the peacemaking process
Section 15. Conduct of a peacemaker
Section 16. Protective orders
Section 17. Process of peacemaking
Section 18. Forms and rules
[Table of Contents created by NILL in October 2018, based on materials available on tribe's website.]