Mississippi Band of Choctaw Indians Tribal Code
Table of Contents Updated: February 2015
The tribe makes their code of laws available online. The links below will take you to the version of the code available on the tribe's website. Please contact the library if you need assistance.
Table of Contents
Title I - General Provisions
CHAPTER 1. PRELIMINARY PROVISIONS
§ 1-1-1 Name of Code
§ 1-1-2 Repeal of Prior Inconsistent Ordinances and Resolutions
§ 1-1-3 Code of Federal Regulations
§ 1-1-4 Law Applicable in Civil Actions
§ 1-1-5 Amendment of Tribal Code
CHAPTER 2. JURISDICTION
§ 1-2-1 Tribal Policy
§ 1-2-2 Territorial and Extra-Territorial Jurisdiction
§ 1-2-3 Personal Jurisdiction
§ 1-2-4 Jurisdiction Over Property
§ 1-2-5 General Subject Matter Jurisdiction and Limitations
§ 1-2-6 Exclusive Original Jurisdiction
CHAPTER 3. COURTS, JUDGES, AND OTHER COURT PERSONNEL
§ 1-3-1 Composition of the Choctaw Trial Courts
§ 1-3-2 Composition of the Choctaw Supreme Court
§ 1-3-3 Qualifications of Judges
§ 1-3-4 Qualification of Chief Justice and Associate Justices of the Supreme Court
§ 1-3-5 Chief Justice, Senior Judges and Court Administration
§ 1-3-6 Hearing of Cases During Absences or Vacancies
§ 1-3-7 Disqualification of Judges
§ 1-3-8 Dockets
§ 1-3-9 Contempt
CHAPTER 4. COUNSELORS AND PROFESSIONAL ATTORNEYS
§ 1-4-1 Admission to Practice
§ 1-4-2 Requirements for Professional Attorneys
§ 1-4-3 Requirements for Lay Advocate
§ 1-4-4 Fees for Admission to Practice Before Choctaw Courts
CHAPTER 5. GENERAL PROVISIONS
§ 1-5-1 Copies of Laws
§ 1-5-2 Records of Court Open to Public Inspection; Exceptions
§ 1-5-3 Adoption by Reference Not a Waiver of Sovereign Power of Choctaw Tribe
§ 1-5-4 Sovereign Immunity
§ 1-5-5 Actions By or Against the Tribe or Its Officers or Employees
§ 1-5-6 Limitations in Civil Actions
§ 1-5-7 Principles of Construction
§ 1-5-8 Definitions
§ 1-5-9 Judicial Notice of Adjudicative Facts
§ 1-5-10 Exhaustion of Administrative Remedies
CHAPTER 6. TRIBAL COURT PROCEDURES
§ 1-6-1 Appointment of Judges
§ 1-6-2 Removal of Judges
§ 1-6-3 Compensation of Justices.
§ 1-6-4 Administration
§ 1-6-5 Prosecutorial Services
§ 1-6-6 Attorneys for the Indigent
§ 1-6-7 Ethics Provisions
CHAPTER 7. CHOCTAW TRIBAL NOTICE ACT
§ 1-7-1 Findings and Purpose
§ 1-7-2 Notice Required
§ 1-7-3 Manner and Timing of Notice
§ 1-7-4 Tribal Participation Following Notice
§ 1-7-5 Failure to Give Notice
§ 1-7-6 Tribal Jurisdiction and Sovereign Immunity for Suit Unaffected
CHAPTER 8. CODE OF ETHICS FOR MISSISSIPPI BAND OF CHOCTAW INDIANS TRIBAL COURT CLERKS
Code of Ethics for Mississippi Band of Choctaw Indians Tribal Court Clerk
Title II - Choctaw Rules of Criminal Procedure
Rule 1 Scope, Purpose, Construction and Citation
Rule 2 Prosecution of Offense
Rule 3 Rights of Defendant
Rule 4 The Complaint
Rule 5 Arrest Warrant or Summons
Rule 6 Arrest
Rule 7 Search and Seizure
Rule 8 Bail and Release from Custody
Rule 9 Arraignment, First Appearance
Rule 10 Procedure For Recusal of Judge
Rule 11 Pretrial Conference
Rule 12 Right to Jury Trial
Rule 13 Motions Before Trial: Defenses and Objections
Rule 14 Discovery and Inspection
Rule 15 Notice of Alibi Defense
Rule 16 Subpoena
Rule 17 Trials by Jury
Rule 18 Trial Procedure
Rule 19 Return of Verdict
Rule 20 Sentence
Rule 21 Default in Payment
Rule 22 Suspension of Sentence
Rule 23 Post-Trial Motions
Rule 24 Appeals
Title III - Criminal Offenses
CHAPTER 1. GENERAL CRIMINAL PROVISIONS
§ 3-1-1 Construction of Criminal Code
§ 3-1-2 Application of Code
§ 3-1-3 Classified Crimes Defined
§ 3-1-4 Time Limitation for Commencing Prosecution
§ 3-1-5 Tolling of Time Limitation for Prosecution of Crimes
§ 3-1-6 Offenses Against Children; Tolling of Statute of Limitations
CHAPTER 2. INITIATORYCRIMES
§ 3-2-1 Attempt
§ 3-2-2 Criminal Conspiracy
§ 3-2-3 Solicitation
CHAPTER 3. CRIMES AGAINST PERSONS
§ 3-3-1 Abduction
§ 3-3-2 Assault
§ 3-3-3 Battery
§ 3-3-4 Aggravated Assault
§ 3-3-5 AggravatedBattery
§ 3-3-6 Bigamy
§ 3-3-7 Assisting Suicide
§ 3-3-8 Abuse of a Child
§ 3-3-9 Child Neglect
§ 3-3-10 Contributing to the Delinquency of a Minor
§ 3-3-11 Sexual Exploitation of Children
§ 3-3-12 Sexual Exploitation of Children by Prostitution
§ 3-3-13 - 16 [withheld]
§ 3-3-17 Alcoholic Beverages to Minors
§ 3-3-18 [withheld]
§ 3-3-19 Harassment
§ 3-3-20 Use of Telephone to Terrify, Intimidate, Threaten, Harass, Annoy or Offend
§ 3-3-21 Incest
§ 3-3-22 Indecent Exposure
§ 3-3-23 Kidnapping
§ 3-3-24 Mayhem
§ 3-3-25 Manslaughter
§ 3-3-26 Murder
§ 3-3-27 Robbery
§ 3-3-28 Rape
§ 3-3-29 Sexual Assault
§ 3-3-30 Sodomy -- Crimes Against Nature
§ 3-3-31 Criminal Sexual Penetration of a Minor
§ 3-3-32 Venereal Disease -- Infecting Another
§ 3-3-33 Sexually Transmitted Diseases; Testing of Persons Convicted of Certain Sexual Offenses
§ 3-3-34 [Withheld]
§ 3-3-35 Stalking
§ 3-3-36 [Withheld]
CHAPTER 4. CRIMES AGAINST PROPERTY
§ 3-4-1 Advertisements, Pulling Down
§ 3-4-2 Criminal Damage to Property
§ 3-4-3 Arson
§ 3-4-4 Burglary
§ 3-4-5 Aggravated Burglary
§ 3-4-6 Criminal Mischief
§ 3-4-7 Criminal Trespass -- Buildings
§ 3-4-8 Criminal Trespass -- Lands
§ 3-4-9 Cruelty to Animals
§ 3-4-10 Cutting Fence
§ 3-4-11 Cutting Green Timber Without a Permit
§ 3-4-12 Fire, Failure to Control or Report
§ 3-4-13 Firing Timber
§ 3-4-14 Injury to Government Property
§ 3-4-15 Maintaining a Public Nuisance
§ 3-4-16 Misbranding
§ 3-4-17 Theft
§ 3-4-18 Receiving Stolen Property
§ 3-4-19 Theft Offenses; Gradation and General Provisions
§ 3-4-20 Unauthorized Use of Another's Vehicle
§ 3-4-21 Taking Possession of or Taking Away a Motor Vehicle
§ 3-4-22 Carjacking; Attempted Carjacking; Armed Carjacking
CHAPTER 5. CRIMES AFFECTING COMMERCE AND TRADE
§ 3-5-1 Bad Checks
§ 3-5-2 Embezzlement
§ 3-5-3 Forgery
§ 3-5-4 Counterfeiting; Making or Possessing Counterfeit Dies for Coins
§ 3-5-5 Possession of Counterfeit Gold or Silver Coin with Intention to Utter
§ 3-5-6 Fraud
§ 3-5-7 Theft of Telecommunications Service
§ 3-5-8 Fraudulent Use of A Credit Card
CHAPTER 6. CRIMES AGAINST THE SOCIAL ORDER
§ 3-6-1 False Alarms
§ 3-6-2 DischargingFirearms
§ 3-6-3 Flags: Desecration Thereof
§ 3-6-4 Bootlegging/Manufacture of Alcoholic Beverage
§ 3-6-5 Littering
§ 3-6-6 Marijuana: Simple Possession
§ 3-6-7 Marijuana: Sale, Manufacture & Possession Over 1 Ounce
§ 3-6-8 Narcotics and Dangerous Drugs
§ 3-6-9 Prostitution
§ 3-6-10 PatronizingProstitutes
§ 3-6-11 RecklesslyEndangering Another
§ 3-6-12 Removal of Landmarks
§ 3-6-13 Failing to Disclose Facts or Change of Circumstances to Obtain Public Assistance
§ 3-6-14 Misappropriating Public Assistance
§ 3-6-15 Making or Permitting a False Claim for Reimbursement for Public Assistance Services
§ 3-6-16 Falsely Obtaining Services or Accommodations; Probable Cause; Immunity; Penalty
§ 3-6-17 Carrying a Concealed Deadly Weapon
§ 3-6-18 Unlawful Carrying of a Deadly Weapon on School Premises
§ 3-6-19 Negligent Use of a Deadly Weapon
§ 3-6-20 Possession of Alcoholic Beverages
§ 3-6-21 Intoxication
§ 3-6-22 Inhalation of Noxious Fumes
§ 3-6-23 Disruption of Government Business
§ 3-6-24 Cohabitation of Minors
§ 3-6-25 Owning or Possessing of Dangerous Dog Breeds
§ 3-6-26 Curfew Violation
§ 3-6-27 Criminal Defamation
§ 3-6-28 Possession and Distribution of Tobacco Products
§ 3-6-29 Presenting False Evidence of Age or Identity for Tobacco Products
§ 3-6-30 Distribution of Tobacco Products as Free Samples Prohibited
§ 3-6-31 Presenting False Evidence of Age or Identity for Alcohol Beverages
§ 3-6-32 Disorderly Conduct
§ 3-6-33 Failure to Send Children to School
CHAPTER 7. CRIMES RELATING TO PUBLIC OFFICE
§ 3-7-1 Abuse of Office
§ 3-7-2 Bribery
§ 3-7-3 Extortion
§ 3-7-4 Misusing Public Money
§ 3-7-5 Retaliation for Official Action
§ 3-7-6 Threat or Intimidation
§ 3-7-7 Unsworn Falsification
§ 3-7-8 Tribal Government and Tribal Entities: Records, Documents, Papers: Unauthorized Disclosure, Theft, Unauthorized Copies, Concealment, or Destruction Thereof
CHAPTER 8. CRIMES RELATING TO JUDICIAL ADMINISTRATION
§ 3-8-1 Bail Jumping
§ 3-8-2 Disobedience to Lawful Order of Court
§ 3-8-3 Escape
§ 3-8-4 False Arrest
§ 3-8-5 Flight to Avoid Prosecution or Judicial Process
§ 3-8-6 Obstructing Justice
§ 3-8-7 Perjury
§ 3-8-8 Resisting Lawful Arrest or Process
§ 3-8-9 Witness Tampering; Destruction of Evidence
§ 3-8-10 Refusing to Aid an Officer
§ 3-8-11 Assault on a Peace Officer or Judicial Officer
CHAPTER 9. CRIMINAL SENTENCING AND PUNISHMENT
§ 3-9-1 Sentencing in General
§ 3-9-2 Designation of Offenses
§ 3-9-3 General Principles
§ 3-9-4 Sentences and Combinations of Sentences; Civil Penalties
§ 3-9-5 Maximum Fines and Sentences of Imprisonment
§ 3-9-6 Payment of Fines and Other Monies
§ 3-9-7 Guilty Pleas
CHAPTER 10. CRIMES INVOLVING DOMESTIC VIOLENCE
§ 3-10-1 Purpose
§ 3-10-2 Definitions
§ 3-10-3 Penalties; Protective Orders, Consent Agreements, Conditions of Release and Probation
§ 3-10-4 Duties of Law Enforcement Officer to Victim of Domestic Violence
§ 3-10-5 Mandatory Arrest for Crimes Involving Domestic Violence
§ 3-10-6 Mandatory Arrest for Certain Violations of Orders for Protection, Court-Approved Consent Agreements or Criminal Court Orders
§ 3-10-7 Authority of Law Enforcement Officer to Seize Weapons
§ 3-10-8 Possession of a Firearm While Subject to an Order of Protection
§ 3-10-9 Possession of a Firearm after Conviction of a Crime Involving Domestic Violence
§ 3-10-10 Official Use Exemption
§ 3-10-11 Immunity of Officers for Arrests in Domestic Violence Incidents
§ 3-10-12 Conditions of Release
§ 3-10-13 Written Procedures for Prosecution of Domestic Violence
§ 3-10-14 Record of Dismissal Required in Court File
§ 3-10-15 Referral of Domestic Violence Cases to Peacemaker Court
§ 3-10-16 Spousal PrivilegesInapplicable in Criminal ProceedingsInvolving Domestic Violence
§ 3-10-17 Advocate-Victim Privilege Applicable in Cases Involving Domestic Violence
§ 3-10-18 Conditions of Probation for a Perpetrator Convicted of a Crime Involving Domestic Violence
§ 3-10-19 Required Written Policies and Procedures
§ 3-10-20 Role of the Court; Sentencing; Probation Conditions
§ 3-10-21 Juveniles
CHAPTER 11. CRIMES INVOLVING GAMING
§ 3-11-1 Definitions
§ 3-11-2 Cheating in General
§ 3-11-3 AuthorizedGames
§ 3-11-4 Gaming Offenses
§ 3-11-5 Devices
§ 3-11-6 Chips and Tokens
§ 3-11-7 Manufacturing, Selling, Altering, or Marking
§ 3-11-8 Penalties
§ 3-11-9 Questioning
CHAPTER 12. CRIMES RELATING TO PARADES, PROCESSIONS AND PUBLIC DEMONSTRATIONS
§ 3-12-1 Parades, Processions and Public Demonstrations
CHAPTER 13. COMPUTER CRIMES
§ 3-13-1 Definitions
§ 3-13-2 Computer Fraud
§ 3-13-3 Offense Against Computer Users
§ 3-13-4 Offense Against Computer Equipment
§ 3-13-5 Offense AgainstIntellectual Property
§ 3-13-6 Venue
§ 3-13-7 Effect on Other Offenses
CHAPTER 14. CASTLE DOCTRINE ACT
§ 3-14-1 Defenses and Immunities.
Title IV - Traffic Offenses
CHAPTER 1. GENERAL PROVISIONS
§ 4-1-1 Citation, Application and Purpose
§ 4-1-2 Repeal of Prior Inconsistent Ordinances and Resolutions
§ 4-1-3 Statute of Limitations
§ 4-1-4 Enforcement
§ 4-1-5 Definitions
CHAPTER 2. ENFORCEMENT PROVISIONS
§ 4-2-1 Arresting Procedures
§ 4-2-2 Uniform Traffic Complaint and Summons
§ 4-2-3 Enforcement Officers to Investigate Accidents
§ 4-2-4 Authority of Officer at Scene of Accident
CHAPTER 3. VEHICULAR SAFETY PROVISIONS
§ 4-3-1 Safety Inspection Stickers
§ 4-3-2 Unsafe Vehicles
§ 4-3-3 Mufflers, Prevention of Noise
§ 4-3-4 License or Registration Tag Required
§ 4-3-5 Head Lamps on Motorcycle
§ 4-3-6 Motorcycle or Motor Scooter Crash Helmets
§ 4-3-7 Lamp or Flag on Projecting Load
CHAPTER 4. PROVISIONS REGULATING TRAFFIC FLOW
§ 4-4-1 Traffic Control and Signal Devices
§ 4-4-2 Following Too Closely
§ 4-4-3 School Buses: Stopping For and Rules Governing
§ 4-4-4 Failure to Yield Right-of-Way
§ 4-4-6 Failure to Stop at Stop Sign and Yielding Right-of-Way
§ 4-4-7 Driving on Right Side of Road
§ 4-4-8 Passing Oncoming Vehicles
§ 4-4-9 Overtaking and Passing a Vehicle on the Left
§ 4-4-10 Passing and Turning on Curve or Crest
§ 4-4-11 Speed Limits
§ 4-4-12 When Lights Are Required to Be On
§ 4-4-13 Requirement of Child Restraint
CHAPTER 5. MISCELLANEOUS DRIVING PROVISIONS
§ 4-5-1 Duty to Give Information and Render Aid
§ 4-5-2 Driver's License Required
§ 4-5-3 Driving Under Suspension or Revocation
§ 4-5-4 Permitting Unauthorized Person to Drive
§ 4-5-5 Authorization to Move Illegally Parked and Abandoned Vehicles
§ 4-5-6 Stopping and Parking
§ 4-5-7 Careless Driving
§ 4-5-8 Reckless Driving
§ 4-5-9 Driving Under the Influence of Intoxicating Liquor, Drugs, or Controlled
§ 4-5-10 Adoption of Mississippi Traffic Rules and Regulations
§ 4-5-11 Evading
§ 4-5-12 Safety Belts
CHAPTER 6. PROVISIONS RELATING TO PEDESTRIANS
§ 4-6-1 Pedestrian's Right-of-Way at Crosswalk
§ 4-6-2 Pedestrians on Roadways
§ 4-6-3 Crossing at Other Than Crosswalk
§ 4-6-4 Pedestrians: Obedience to Regulations
§ 4-6-5 Soliciting Rides
§ 4-6-6 Traffic Laws Apply to Persons Riding Bicycles or Animals or Driving Animal Drawn Vehicles
CHAPTER 7. PARKING RESTRICTIONS AND ENFORCEMENT
§ 4-7-1 Prohibited Parking
§ 4-7-2 Parking Privileges for Physically Handicapped Persons
§ 4-7-3 Parking Adjacent to Schools
§ 4-7-4 Designation of Loading Zones
§ 4-7-5 Parallel Parking Required
§ 4-7-6 Signage and Markings in Accordance with MUTCD
§ 4-7-7 Violations
Title V - Extradition
§ 5-1-1 Fugitives from Justice; Duty of Tribal Judge
§ 5-1-2 Form of Demand
§ 5-1-3 Tribal Judge May Investigate Case
§ 5-1-4 Extradition of Persons Not Present in Demanding Jurisdiction at Time of Commission of Crime
§ 5-1-5 Issue of Tribal Court Judge's Warrant of Arrest Recitals
§ 5-1-6 Rights of Accused Person; Application or Writ of Habeas Corpus
§ 5-1-7 Penalty for Non-Compliance with Preceding Sections
§ 5-1-8 Arrest Prior to Requisition
§ 5-1-9 Arrest Without a Warrant
§ 5-1-10 Commitment to Await Requisition; Bail
§ 5-1-11 Bail: In What Cases; Conditions of Bond
§ 5-1-12 Forfeiture of Bail
§ 5-1-13 Persons After Criminal Prosecution in This Tribe at Time of Requisition
§ 5-1-14 Guilt or Innocence of Accused: When Inquired Into
§ 5-1-15 Tribal Court Judge May Recall Warrant or Issue Alias
§ 5-1-16 Fugitives from This Tribe; Duty of Tribal Chief
§ 5-1-17 Application for Issuance of Requisition; By Whom Made; Contents
§ 5-1-18 Costs and Expenses
§ 5-1-19 Written Waiver of Extradition Proceedings
§ 5-1-20 Non-Waiver by This Tribe
§ 5-1-21 No Right of Asylum; No Immunity for Other Criminal Prosecutions While in This Jurisdiction
§ 5-1-22 Constitutionality
§ 5-1-23 Repeal
Title VI - Choctaw Rules of Civil Procedure
CHAPTER 1 - RULES OF CIVIL PROCEDURE
Rule 1 Scope Of Rules
Rule 2 One Form Of Action
ARTICLE II - COMMENCEMENT OF ACTION: SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS
Rule 3 Commencement Of Action
Rule 4 Summons
Rule 5 Service And Filing Of Pleadings And Other Papers
Rule 6 Time
ARTICLE III - PLEADINGS AND MOTIONS
Rule 7 Pleadings Allowed; Form Of Motions
Rule 8 General Rules Of Pleading
Rule 9 Pleading Special Matters
Rule 10 Form Of Pleadings
Rule 11 Signing Of Pleadings And Motions
Rule 12 Defenses And Objections -- When And How Presented -- By Pleading Or Motion -- Motion For Judgment On The Pleadings
Rule 13 Counterclaim And Cross-Claim
Rule 14 Third-Party Practice
Rule 15 Amended And Supplemental Pleadings
Rule 16 Pre-Trial Procedure
ARTICLE IV - PARTIES
Rule 17 Parties Plaintiff And Defendant; Capacity
Rule 18 Joinder Of Claims And Remedies
Rule 19 Joinder Of Persons Needed For Just Adjudication
Rule 20 Permissive Joinder Of Parties
Rule 21 Misjoinder And Nonjoinder Of Parties
Rule 22 Interpleader
Rule 23 Class Actions [Omitted]
Rule 23.1 Derivative Actions By Shareholders [Omitted]
Rule 23.2 Actions Relating To Unincorporated Associations [Omitted]
Rule 24 Intervention
Rule 25 Substitution Of Parties
ARTICLE V - DEPOSITIONS AND DISCOVERY
Rule 26 General Provisions Governing Discovery
Rule 27 Depositions Before Action Or Pending Appeal
Rule 28 Persons Before Whom Depositions May Be Taken
Rule 29 Stipulations Regarding Discovery Procedure
Rule 30 Depositions Upon Oral Examination
Rule 31 Depositions Upon Written Questions
Rule 32 Use Of Depositions In Court Proceedings
Rule 33 Interrogatories To Parties
Rule 34 Production Of Documents And Things And Entry Upon Land For Inspection And Other Purposes
Rule 35 Physical And Mental Examinations Of Persons [Omitted]
Rule 36 Requests For Admission
Rule 37 Failure To Make Or Cooperate In Discovery: Sanctions
ARTICLE VI - TRIALS
Rule 38 Jury Trial
Rule 39 Trial By Jury Or By The Court [Omitted]
Rule 40 Assignment Of Cases For Trial
Rule 41 Dismissal Of Actions
Rule 42 Consolidations: Separate Trials
Rule 43 Taking Of Testimony
Rule 44 Proof Of Documents
53 Rule 44.1 Determintion Of Foreign Law [Omitted]
Rule 45 Subpoena
Rule 46 Exceptions Unnecessary
Rule 47 Jurors
Rule 48 Juries And Jury Verdicts
Rule 49 General Verdicts And Special Verdicts
Rule 50 Motions For A Directed Verdict And For Judgment Notwithstanding The Verdict
Rule 51 Instructions To Jury
Rule 52 Findings By The Court
Rule 53 Masters, Referees, And Commissioners [Omitted]
ARTICLE VII - JUDGMENT
62 Rule 54 Judgments; Costs
Rule 55 Default
Rule 56 Summary Judgment
Rule 57 Declaratory Judgments
Rule 58 Entry Of Judgment
Rule 59 New Trials; Amendment Of Judgments
Rule 60 Relief From Judgment Or Order
Rule 61 Harmless Error
Rule 62 Stay Of Proceedings To Enforce A Judgment
Rule 63 Disability Of A Judge
ARTICLE VIII - PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
Rule 64 Seizure Of Person Or Property
Rule 65 Injunctions
Rule 65.1 Security: Proceedings Against Sureties
Rule 66 Receivers
Rule 67 Deposit In Court
Rule 68 Offer Of Judgment
Rule 69 Execution
Rule 70 Judgment For Specific Acts; Vesting Title
Rule 71 Process In Behalf Of And Against Persons Not Parties
Rule 71a Eminent Domain [Reserved]
ARTICLE IX - APPEALS
Rules 72 To 76 [Omitted]
73 ARTICLE X - COURTS AND CLERKS
Rule 77 Courts And Clerks
Rule 78 Motion Practice
Rule 79 Books And Records Kept By The Clerk And Entries Therein
Rule 80 Stenographic Report Or Transcript As Evidence [Omitted]
Rule 81 Applicability Of Rules
ARTICLE XI - GENERAL PROVISIONS
Rule 82 Jurisdiction
Rule 83 Local Court Rules
Rule 84 Forms
Rule 85 Title
CHAPTER 2 REPOSSESSIONS [REPEALED -- SEE TITLE 26 CHAPTER 9]
ARTICLE I - GENERAL PROVISIONS
Rule 101 Scope
Rule 102 Purchase And Construction
Rule 103 Rulings On Evidence
Rule 104 Preliminary Questions
Rule 105 Limited Admissibility
Rule 106 Remainder Of Or Related Writings Or Recorded Statements
ARTICLE II - JUDICIAL NOTICE
Rule 201 Judicial Notice Of Adjudicative Facts
84 ARTICLE III - PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
Rule 301 Presumptions In General In Civil Actions And Proceedings
ARTICLE IV - RELEVANCY AND ITS LIMITS
Rule 401 Definiton Of “Relevant Evidence”
Rule 402 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
Rule 403 Exclusion Of Relevant Evidence On Grounds Of Prejudice, Confusion, Or Waste Of Time
Rule 404 Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes
Rule 405 Methods Of Proving Character
Rule 406 Habit; Routine Practice
Rule 407 Subsequent Remedial Measures
Rule 408 Compromise And Offers To Compromise
Rule 409 Payment Of Medical And Similar Expenses
Rule 410 Inadmissibility Of Pleas, Plea Discussions, And Related Statements
Rule 411 Liability Insurance
ARTICLE V - PRIVILEGES
Rule 501 Privileges Recognized Only As Provided
Rule 502 Lawyer-Client Privilege
Rule 503 Physician And Psychotherapist-Patient Privilege
Rule 504 Husband-Wife Privilege
Rule 505 Priest-Penitent Privilege
ARTICLE VI - WITNESSES
Rule 601 General Rule Of Competency
Rule 602 Lack Of Personal Knowledge
Rule 603 Oath Or Affirmation
Rule 604 Interpreters
Rule 605 Competency Of Judge As Witness
Rule 606 Competency Of Juror As Witness
Rule 607 Who May Impeach
Rule 608 Evidence Of Character And Conduct Of Witness
Rule 609 Impeachment By Evidence Of Conviction Of Crime
Rule 610 Religious Beliefs Or Opinions
Rule 611 Mode And Order Of Interrogation And Presentation
Rule 612 Refreshing The Memory Of A Witness
Rule 613 Prior Statements Of Witnesses
Rule 614 Calling And Interrogation Of Witnesses By Court
Rule 615 Exclusion Of Witnesses
Rule 616 Bias Of Witness
Rule 617 Use Of Closed Circuit Television To Show Child’s Testimony
ARTICLE VII - OPINIONS AND EXPERT TESTIMONY
Rule 701 Opinion Testimony By Lay Witnesses
Rule 702 Testimony By Experts
Rule 703 Bases Of Opinion Testimony By Experts
Rule 704 Opinion On Ultimate Issue
Rule 705 Disclosure Of Facts Or Data Underlying Expert Opinion
Rule 706 Court Appointed Experts
ARTICLE VIII - HEARSAY
Rule 801 Definitions
Rule 802 Hearsay Rule
Rule 803 Hearsay Exceptions; Availability Of Declarant Immaterial
Rule 804 Hearsay Exceptions; Declarant Unavailable
Rule 805 Hearsay Within Hearsay
Rule 806 Attacking And Supporting Credibility Of Declarant
ARTICLE IX - AUTHENTICATION AND IDENTIFICATION
Rule 901 Requirement Of Authentication Or Identification
Rule 902 Self-Authentication
Rule 903 Subscribing Witness’ Testimony Unnecessary
ARTICLE X - CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
Rule 1001 Definitions
Rule 1002 Requirement Of Original
Rule 1003 Admissibility Of Duplicates
Rule 1004 Admissibility Of Other Evidence Or Contents
Rule 1005 Public Records
Rule 1006 Summaries
Rule 1007 Testimony Or Written Admission Of Party
109 Rule 1008 Functions Of Court And Jury
ARTICLE XI - MISCELLANEOUS RULES
Rule 1101 Applicability Of Rules
Rule 1102 Best Evidence Rule [Omitted]
Rule 1103 Repeal Of Inconsistent Evidentiary Rules
Title VII - Establishment of the Supreme Court
§ 7-1-1 Supreme Court
§ 7-1-2 Right To Appeal
§ 7-1-3 Time; Notice Of Appeal; Filing Fee
§ 7-1-4 Parties
§ 7-1-5 Stay Pending Appeal: Bond
§ 7-1-6 Record On Appeal
§ 7-1-7 Briefs And Memoranda
§ 7-1-8 Oral Argument
§ 7-1-9 Decision
§ 7-1-10 Interlocutory Appeal; Request For Permission To File; Timeliness
§ 7-1-11 Duties Of The Clerk Of The Lower Court
§ 7-1-12 Duties Of The Clerk Of The Supreme Court
§ 7-1-13 Supreme Court Rules Of Appellate Procedure
Title VIII - Choctaw Rules of Small Claims Procedure
Rule 1 Scope of Rules, Purpose, Construction and Citation
Rule 2 Commencement of Civil Small Claims Actions
Rule 3 Form of Statement of Claim
Rule 4 Notice of Claim
Rule 5 Uncontested and Contested Claims
Rule 6 Trial
Rule 7 Jury Trials
Rule 8 Judgment
Rule 9 Limitation of Actions
Title IX - Choctaw Domestic Relations Code
CHAPTER 1. MARRIAGE
§ 9-1-1 Recognition of Previous Marriage
§ 9-1-2 Marriage by Laws of Foreign Jurisdiction
§ 9-1-3 Subject Matter Jurisdiction
§ 9-1-4 Marriage: General Definition
§ 9-1-5 Invalid Marriages; Incest
§ 9-1-6 Invalid Marriages; Bigamy
§ 9-1-7 Marriage Under this Title
§ 9-1-8 Marriage by Tribal Law
§ 9-1-9 Tribal Marriage License; Application For
§ 9-1-10 Tribal Marriage License; Issuance of
§ 9-1-11 License Essential
§ 9-1-12 License and Solemnization Required
§ 9-1-13 Transmittal of Marriage Certificate to Clerk
§ 9-1-14 Recording of Marriage
CHAPTER 2. ANNULMENT
§ 9-2-1 Grounds for Annulment
§ 9-2-2 Effects of Annulment
CHAPTER 3. DIVORCE
§ 9-3-1 Divorce and Annulment Procedure
§ 9-3-2 Residency Requirement
§ 9-3-3 Grounds for Divorce
§ 9-3-4 Limitations
§ 9-3-5 Right of Husband to Divorce
§ 9-3-6 Temporary Alimony and Suit Money; Restraint
§ 9-3-7 Pleadings; Findings; Decree
§ 9-3-8 Disposition of Property and Children
§ 9-3-9 Custody of Children in Case of Separation
§ 9-3-10 Age of Majority for Purposes of Child Support Obligations
CHAPTER 4. SEPARATE MAINTENANCE AND PROPERTY RIGHTS
§ 9-4-1 Separate Maintenance
§ 9-4-2 Property Rights of Married Persons
§ 9-4-3 Family Expenses
§ 9-4-4 Custody of Children and Property
CHAPTER 5. RELATION TO ORDINANCE No. 11
§ 9-5-1 Other Domestic Relations/Family Law Matters
Title X - Hunting and Fishing Code
CHAPTER 1. GENERAL PROVISIONS
§ 10-1-1 Statement of Policy
§ 10-1-2 Definitions
CHAPTER 2. THE WILDLIFE AND PARKS DEPARTMENT
§ 10-2-1 Establishment and Authority of Department
§ 10-2-2 Rangers of the Department
CHAPTER 3. PROCLAMATIONS AND REGULATIONS
§ 10-3-1 Proclamations
§ 10-3-2 Publication of Proclamation
§ 10-3-3 Additional Regulations
CHAPTER 4. LICENSES, TAGS AND PERMITS
§ 10-4-1 No Hunting or Fishing License Requirements for Indians
§ 10-4-2 Hunting License Requirement for Non-Indians
§ 10-4-3 Fishing License Requirement for Non-Indians
§ 10-4-4 Permits and Tags
§ 10-4-5 Sale of Licenses, Permits and Tags
CHAPTER 5. PROHIBITED HUNTING, FISHING AND OUTDOOR RECREATIONAL ACTIVITIES
§ 10-5-1 Prohibited Activities; Civil Violations; Sanctions
§ 10-5-2 Prohibited Activities; Relation to 18 U.S.C. §1165
§ 10-5-3 Prohibited Activities
CHAPTER 6. CIVIL ENFORCEMENT PROCEDURE
§ 10-6-1 Issuance of Civil Citation; Form
§ 10-6-2 Property Confiscation by Rangers; Receipts; Reports
§ 10-6-3 Filing of Civil Action; No Fee; Time Limits; Answer; Long-Arm Statute
§ 10-6-4 Issuance of Notice and Scheduling of Hearing by Court Clerk
§ 10-6-5 Subject Matter Jurisdiction Conferred on Tribal Court
§ 10-6-6 Pre-Payment of Civil Fines
§ 10-6-7 Subsequent Civil Proceedings; Enforcement of Judgments; Appeal
Title XI - Choctaw Youth Code
CHAPTER 1. GENERAL PROVISIONS
§ 11-1-1 Purpose and Construction
§ 11-1-2 Definitions
§ 11-1-3 Jurisdiction
§ 11-1-4 Choctaw Youth Court Designation
§ 11-1-5 Proceedings Non-Criminal
§ 11-1-6 Authority of Court
§ 11-1-7 Youth Court Counselor
§ 11-1-8 Probation Officer
§ 11-1-9 Guardian ad litem
§ 11-1-10 Care and Treatment in Shelter Care and Detention Facilities
CHAPTER 2. TRANSFER PROCEDURES FOR JUVENILE OFFENDERS TO ADULT COURT OR PEACEMAKER COURT
§ 11-2-1 Transfer to Adult Court
§ 11-2-2 Transfer Hearing
§ 11-2-3 Transfer to Peacemaker Court
§ 11-2-4 Pre-Transfer Report
§ 11-2-5 Standards of Transfer
§ 11-2-6 Termination of Youth Court Jurisdiction
CHAPTER 3. JUVENILE OFFENDER PROCEDURE
§ 11-3-1 Commencement of Action; Complaint
§ 11-3-2 Warrant
§ 11-3-3 Custody
§ 11-3-4 Youth Court Counselor's Duties
§ 11-3-5 Detention and Shelter Care
§ 11-3-6 Preliminary Inquiry
§ 11-3-7 Notice of Preliminary Inquiry
§ 11-3-8 Non-Attendance of Parent, Guardian or Custodian
§ 11-3-9 Rights of Parties
§ 11-3-10 Scope of Preliminary Inquiry
§ 11-3-11 Disposition Upon Preliminary Inquiry
§ 11-3-12 Investigation By the Youth Court Counselor
§ 11-3-13 Informal Hearing
§ 11-3-14 Notice of Informal Hearing
§ 11-3-15 Rights of Parties
§ 11-3-16 Limitations Upon Informal Hearings
§ 11-3-17 Disposition Upon Informal Hearing
§ 11-3-18 Petition
§ 11-3-19 Setting the Hearing
§ 11-3-20 Summons
§ 11-3-22 Rights of Parties
§ 11-3-23 Disposition of Adjudicatory Hearing
§ 11-3-24 Pre-dispositional Report
§ 11-3-25 Dispositional Hearing
§ 11-3-26 Rights of Parties
§ 11-3-27 Information Considered
§ 11-3-28 Dispositional Alternatives
§ 11-3-29 Modification of Dispositional Order
§ 11-3-30 Dispositional Modification Hearing; Notice
§ 11-3-31 Rights of Parties
§ 11-3-32 Dispositional Modification Hearing
§ 11-3-33 Court Records
§ 11-3-34 Law Enforcement Records
§ 11-3-35 Expungement
§ 11-3-36 Appeal
§ 11-3-37 Contempt of Court
§ 11-3-38 Medical Examination
§ 11-3-39 Recognition of Other Sovereigns' Records and Judicial Proceedings
CHAPTER 4. MINOR IN NEED OF CARE PROCEEDINGS
§ 11-4-1 Indian Child Welfare Act; Portions Applicable
§ 11-4-2 Complaint; Form Of And By Whom Filed
§ 11-4-3 Warrant
§ 11-4-4 Custody
§ 11-4-5 Caseworker's Duties
§ 11-4-6 Shelter Care
§ 11-4-7 Preliminary Inquiry
§ 11-4-8 Notice of Preliminary Inquiry
§ 11-4-9 Non-Attendance of Parent, Guardian or Custodian
§ 11-4-10 Rights of Parties
§ 11-4-11 Scope of Preliminary Inquiry
§ 11-4-12 Disposition Upon Preliminary Inquiry
§ 11-4-13 Investigation by the Caseworker
§ 11-4-14 Informal Hearing or Transfer to Peacemaker Court
§ 11-4-15 Notice of Informal Hearing
§ 11-4-16 Rights of Parties
§ 11-4-17 Limitations Upon Informal Hearings
§ 11-4-18 Disposition Upon Informal Hearing
§ 11-4-19 Petition
§ 11-4-20 Setting of Hearing
§ 11-4-21 Summons
§ 11-4-22 Adjudicatory/Dispositional Hearing
§ 11-4-23 Rights of Parties
§ 11-4-24 Information Considered
§ 11-4-25 Dispositional Alternatives
§ 11-4-26 Modification of Dispositional Order
§ 11-4-27 Dispositional Modification Hearing; Notice
§ 11-4-28 Rights of Parties
§ 11-4-29 Dispositional Modification Hearing
§ 11-4-30 Court Records
§ 11-4-31 Appeal
§ 11-4-32 Contempt of Court
§ 11-4-33 Medical Examination
CHAPTER 5. TERMINATION OF PARENTAL RIGHTS
§ 11-5-1 Indian Child Welfare Act; Portions Applicable
§ 11-5-2 Petition; Form of and By Whom Filed
§ 11-5-3 Setting of Hearing
§ 11-5-4 Pre-Termination Report
§ 11-5-5 Summons
§ 11-5-6 Termination Hearing
§ 11-5-7 Rights of Parties
§ 11-5-8 Information Considered
§ 11-5-9 Dispositional Alternatives
§ 11-5-10 Affect on Minor's Tribal Status
CHAPTER 6. STATUS OF THIS TITLE
§ 11-6-1 Application of Title XI
§ 11-6-2 Other Juvenile Matters Not Covered by This Title
CHAPTER 7. ADOPTION
§ 11-7-1 General
§ 11-7-2 Definitions
§ 11-7-3 Types of Adoption
§ 11-7-4 Jurisdiction Provided Under the Indian Child Welfare Act
§ 11-7-5 Jurisdiction over Adoption
§ 11-7-6 Who May Adopt
§ 11-7-7 Petition to Adopt
§ 11-7-8 Preference of Placement in Adoption
§ 11-7-9 Jurisdiction and the Adoption Process
§ 11-7-10 Consent to Adoption
§ 11-7-11 Execution of Consent to Adopt
§ 11-7-12 Interpreter for Relinquishment of Parental Rights and Consent to Adoption
§ 11-7-13 Withdrawal to Consent to Adopt
§ 11-7-14 Pre-Petition Reports for Adoption
§ 11-7-15 Adoption Hearing
§ 11-7-16 Transfer Hearing; Time Limits
§ 11-7-17 Full Faith and Credit
§ 11-7-18 Adoption Records
§ 11-7-19 Contents of the Adoption Order
§ 11-7-20 Rights and Liabilities of Natural Parents
§ 11-7-21 Open Adoptions
§ 11-7-22 Limitation on Invalidation of Adoption
§ 11-7-23 Guardianship
Title XII - Choctaw Probate Code
CHAPTER 1. GENERAL PROVISIONS
§ 12-1-1 Jurisdiction
§ 12-1-2 Construction
§ 12-1-3 Effect of Fraud and Evasion
§ 12-1-4 Evidence as to Death or Status
§ 12-1-5 Practice in Court
§ 12-1-6 Records and Certified Copies
§ 12-1-7 Jury Trial
§ 12-1-8 Oath or Affirmation on Filed Documents
§ 12-1-9 Notice
§ 12-1-10 Renunciation of Succession
§ 12-1-11 Effect of Divorce, Annulment, and Decree of Separation
§ 12-1-12 Effect of Homicide on Intestate Succession, Wills, Joint Assets, Life Insurance and Beneficiary Designation
CHAPTER 2. INTESTATE SUCCESSION
§ 12-2-1 Intestate Estate
CHAPTER 3. ADMINISTRATION OF INTESTATE ESTATE
§ 12-3-1 Petition
§ 12-3-2 Administration of Intestate Estate
§ 12-3-3 Appointment of Administrator
§ 12-3-4 Oath of Administrator; Letters of Administration
§ 12-3-5 Notice to Creditors
§ 12-3-6 Payment of Creditors
§ 12-3-7 Accounting
§ 12-3-8 No Taker
§ 12-3-9 Advancements
§ 12-3-10 Debts to Decedent
§ 12-3-11 Status of Heirs
CHAPTER 4. WILLS
§ 12-4-1 Who May Make a Will
§ 12-4-2 Execution
§ 12-4-3 Holographic Will
§ 12-4-4 Self-Proved Will
§ 12-4-5 Who May Witness
§ 12-4-6 Choice of Law as to Execution
§ 12-4-7 Revocation by Writing or by Act
§ 12-4-8 Revocation by Divorce; No Revocation by Other Changes of Circumstances
§ 12-4-9 Revival of Revoked Will
§ 12-4-10 Incorporation by Reference
§ 12-4-11 Events of Independent Significance
§ 12-4-12 Requirement that Devisee Survive Testator by 120 Hours
§ 12-4-13 Simultaneous Death
§ 12-4-14 Rules of Construction and Intention
§ 12-4-15 Construction that Will Passes All Property; After-Acquired Property
§ 12-4-16 Anti-Lapse; Deceased Devisee; Class Gifts
§ 12-4-17 Failure of Testamentary Provision
§ 12-4-18 Exercise of Power of Appointment
§ 12-4-19 Non-Exoneration
§ 12-4-20 Construction of Generic Terms to Accord with Relationships as Defined for Intestate Succession
§ 12-4-21 Adoption by Satisfaction
CHAPTER 5. PROBATE OF WILLS
§ 12-5-1 Petition for Letters Testamentary
§ 12-5-2 Qualification of Executor
§ 12-5-3 Appointment of Executor
§ 12-5-4 Duties of Executor; Bond
§ 12-5-5 Creditors
§ 12-5-6 Accounting
§ 12-5-7 Distribution; Closing Estate
§ 12-5-8 Distribution; Order in which Assets Appropriated; Abatement
§ 12-5-9 Property Discovered After Estate Closed
§ 12-5-10 Personal Representative and Attorney's Fees
CHAPTER 6. FAMILY RIGHTS
§ 12-6-1 Spouse's Right to Elective Share
§ 12-6-2 Right of Election Personal to Surviving Spouse
§ 12-6-3 Waiver of Right to Elect and of Other Rights
§ 12-6-4 Proceeding for Elective Share; Time Limit
§ 12-6-5 Effect of Election on Benefits by Will
§ 12-6-6 Omitted Spouse
§ 12-6-7 Pretermitted Children
§ 12-6-8 Homestead Allowance
§ 12-6-9 Exempt Property
§ 12-6-10 Family Allowance
§ 12-6-11 Source, Determination, and Documentation
Title XIII - Choctaw Health Code
CHAPTER 1. TUBERCULOSIS AND RESPIRATORY DISEASES
§ 13-1-1 “Active Tuberculosis” Defined
§ 13-1-2 Compulsory Commitment of Active Tuberculosis Cases to Hospital
§ 13-1-3 Request for Approval of Court Action for Commitment
§ 13-1-4 Affidavit and Hearing in Choctaw Tribal Court
§ 13-1-5 Order of Commitment to Hospital
§ 13-1-6 Discharge from Hospital
Title XIV - Choctaw Tax Code
CHAPTER 1. RETAIL SALES
§ 14-1-1 Administration
§ 14-1-2 Definitions
§ 14-1-3 Selling Tangible Personal Property
§ 14-1-4 Permit to Engage in Business
§ 14-1-5 Exemptions
§ 14-1-6 Assessment of Tax by Commissioner
§ 14-1-7 Taxpayers Must Keep Records
§ 14-1-8 Rights of Taxpayer to Appeal
§ 14-1-9 Recovery of Improper Taxes
§ 14-1-10 Tax A Lien
§ 14-1-11 Enrolling a Judgment
§ 14-1-12 Tribal Tax Fund
§ 14-1-13 Effective Date
§ 14-1-14 Miscellaneous Businesses
§ 14-1-15 Renting and Leasing
§ 14-1-16 Amusement Tax
Title XV - Gaming
CHAPTER 1. CHOCTAW GAMING COMMISSION
§ 15-1-1 Gaming Commission
§ 15-1-2 No Waiver of Immunity
§ 15-1-3 Bonding
§ 15-1-4 Conflict of Interest
§ 15-1-5 Removal of Commissioners
§ 15-1-6 Vacancies
§ 15-1-7 Meetings
§ 15-1-8 Quorum
§ 15-1-9 Compensation
§ 15-1-10 Reports
§ 15-1-11 Funding
§ 15-1-12 Financial Records and Audit
§ 15-1-13 Confidential Records
§ 15-1-14 Licenses and Work Permits Required
§ 15-1-15 Application Process for Gaming Licenses; Background Investigations
§ 15-1-16 Application for Work Permit; Procedure
§ 15-1-17 Automatic Disqualification for License or Work Permit
§ 15-1-18 Authority to Adopt, Amend, Repeal Regulations
§ 15-1-19 Indemnity
§ 15-1-20 Commission Staffing
§ 15-1-21 Amendments
§ 15-1-22 Complaints
§ 15-1-23 Authority with Respect to Licenses; Enforcement Powers
§ 15-1-24 Jurisdiction
§ 15-1-25 Designation of Tribal Agent under 25 CFR 519
§ 15-1-26 Future Amendments
CHAPTER 2. CLASS II GAMING
§ 15-2-1 Games of Chance
§ 15-2-2 Commission's Powers and Duties for Class II
§ 15-2-3 Tribal Gaming Only
§ 15-2-4 Location
§ 15-2-5 Hours and Rules
§ 15-2-6 Minors Prohibited
§ 15-2-7 Class II Net Revenues
§ 15-2-8 Audits
§ 15-2-9 Environment; Public Health and Safety
§ 15-2-10 Management Contract
§ 15-2-11 Violations
CHAPTER 3. CLASS III (CASINO-TYPE) GAMING
§ 15-3-1 Incorporation of Tribal-State Compact
§ 15-3-2 Class III Gaming
SECTION 1. TITLE
SECTION 2. FINDINGS
SECTION 3. DECLARATION OF POLICY
SECTION 4. DEFINITIONS
SECTION 5. JURISDICTION
SECTION 6. CLASS III GAMING
SECTION 7. REGULATORY STANDARDS FOR CLASS III GAMES
SECTION 8. LICENSES, WORK PERMITS AND BACKGROUND iNVESTIGATIONS OF EMPLOYEES AND MANAGER
SECTION 9. COST OF OVERSIGHT REGULATION, ENFORCEMENT, IMPROVEMENTS AND PROMOTION
SECTION 10. DISPUTE RESOLUTION
SECTION 11. RESERVATION OF RIGHTS UNDER THE IGRA
SECTION 12. ALCOHOLIC BEVERAGE LICENSE
SECTION 13. EFFECTIVE DATE AND DURATION
SECTION 14. NOTICES
SECTION 15. EFFECTIVE DATE AND DURATION
SECTION 16. AMENDMENTS
SECTION 17. ENTIRE AGREEMENT; SUCCESSORS AND ASSIGNS
SECTION 18. GOVERNING LAW
SECTION 19. JUDICIAL ENFORCEMENT
SECTION 20. AUTHORITY TO EXECUTE
CHAPTER 4. PER CAPITA PAYMENTS FROM GAMING REVENUES
§ 15-4-1 Purpose
§ 15-4-2 Definitions
§ 15-4-3 Gaming Revenues
§ 15-4-4 Notice of Distribution
§ 15-4-5 Eligibility for Per Capita Payments
§ 15-4-6 Deceased Members
§ 15-4-7 Amount of Payments
§ 15-4-8 Method of Payment
§ 15-4-9 Payments to Minors and Incompetents
§ 15-4-10 Office of Tribal Distribution
§ 15-4-11 Severability
§ 15-4-12 Amendment of this Chapter
Title XVI - Alcoholic Beverages
CHAPTER 1. LICENSING AND PERMITTING
§ 16-1-1 Tribal and State Licenses and Permits
§ 16-1-2 Package Liquor Sales Prohibited
§ 16-1-3 License a Privilege
§ 16-1-4 Purchases from State Warehouse or Distributor
§ 16-1-5 Records and Reports
§ 16-1-6 Transportation
§ 16-1-7 Mississippi Tax Commission Approval Required
§ 16-1-8 Compliance with Applicable Laws
§ 16-1-9 Permit to Engage in Business
§ 16-1-10 Contents of Licenses and Permits
§ 16-1-11 Non-Transferability of Licenses and Permits
§ 16-1-12 State Suspension or Revocation Applicable to Tribe
§ 16-1-13 No Divestment of Jurisdiction or Immunity
§ 16-1-14 Conflicts of Interest
§ 16-1-15 Solicitation and Sales
§ 16-1-16 Prohibitions on Sales or Distribution
§ 16-1-17 Environmental Aspects
§ 16-1-18 Exchange of Information with State
§ 16-1-19 Access for ABC Agents or Inspectors
§ 16-1-20 Storage of Alcoholic Beverages
§ 16-1-21 Revocation and Suspension of Tribal License or Permit
§ 16-1-22 Administration and Bonding
§ 16-1-23 Appeals
CHAPTER 2. CONTROL OF RETAIL SALE OF PRODUCTS CONTAININGALCOHOL/POTENTIAL INHALANTS
§ 16-2-1 Definitions
§ 16-2-2 Control of Sales
§ 16-2-3 Penalties
Title XVII - Choctaw Housing and Building Code
CHAPTER 1. GENERAL HOUSING PROVISIONS
§ 17-1-1 Applicability
§ 17-1-2 Relation to Other Laws
§ 17-1-3 Purposes and Interpretation
§ 17-1-4 Definitions
CHAPTER 2. LEASEHOLD MORTGAGES AND FORECLOSURES
§ 17-2-1 Priority
§ 17-2-2 Recording
§ 17-2-3 Leasehold Mortgage Foreclosure Proceedings
§ 17-2-4 Service of Process and Procedures
§ 17-2-5 Cure of Default by Subordinate Lienholder
§ 17-2-6 Power of the Tribal Court
§ 17-2-7 Foreclosure Evictions
§ 17-2-8 Appeals
§ 17-2-9 Sample Residential Homebuyer Lease
CHAPTER 3. VETERANS' NATIVE AMERICAN DIRECT LOAN PROGRAM
§ 17-3-1 Purpose
§ 17-3-2 Definitions
§ 17-3-3 Priority
§ 17-3-4 Recording
§ 17-3-5 Leasehold Mortgage Foreclosure Proceedings
§ 17-3-6 Service of Process and Procedures
§ 17-3-7 Cure of Default by Subordinate Lienholder
§ 17-3-8 Power of the Tribal Court
§ 17-3-9 Evictions: Unlawful Detainer
§ 17-3-10 Evictions: Service of Notice
§ 17-3-11 Evictions: Complaint and Summons
§ 17-3-12 Evictions: Service of Summons and Complaint
§ 7-3-13 Evictions: Power of the Tribal Court
§ 17-3-14 Continuances in Cases Involving the Secretary
§ 17-3-15 Enforcement
§ 17-3-16 Alternative Remedies
§ 17-3-17 Form of Lease
§ 17-3-18 Amendment
Title XVIII - Enforcement and Recognition of Foreign Money Judgments
CHAPTER 1. ENFORCEMENT OF JUDGMENT
§ 18-1-1 Definitions
§ 18-1-2 Applicability
§ 18-1-3 Recognition and Enforcement
§ 18-1-4 Filing
§ 18-1-5 Affidavit; Notice of Filing; Execution
§ 18-1-6 Alternate Notice of Filing
§ 18-1-7 Contesting Recognition
§ 18-1-8 Grounds for Non-Recognition
§ 18-1-9 Personal Jurisdiction
§ 18-1-10 Stay in Case of Appeal
§ 18-1-11 Situations Outside This Title
§ 18-1-12 Constitutionality
Title XIX - Non-members Residing in Choctaw Indian Country
CHAPTER 1. RULES GOVERNING RESIDENT NON-MEMBERS
§ 19-1-1 Definitions
§ 19-1-2 Requirement of a Permit
§ 19-1-3 Permit Procedure
§ 19-1-4 Approval by Secretary-Treasurer
§ 19-1-5 Appeal of Secretary-Treasurer's Decision
§ 19-1-6 Approval by Chief
§ 19-1-7 Appeal of the Chief's Decision
§ 19-1-8 Nature of Permit
§ 19-1-9 No Right of Action Created
§ 19-1-10 Civil Penalty
§ 19-1-11 Fees
Title XX - Exclusions of Persons From Choctaw Indian Country
CHAPTER 1. EXCLUSIONS
§ 20-1-1 Grounds for Exclusion from Reservation
§ 20-1-2 Petition for Exclusion from the Reservation
§ 20-1-3 Exclusion Hearing
§ 20-1-4 Appeals
§ 20-1-5 Order of Removal
§ 20-1-6 Immediate Removal from the Reservation
Title XXI - Environmental Code
CHAPTER 1. SOLID WASTE
§ 21-1-1 Purpose
§ 21-1-2 Applicability
§ 21-1-3 General Policy
§ 21-1-4 Recycling Policy
§ 21-1-5 Conflict with Other Ordinances
§ 21-1-6 Other Wastes
§ 21-1-7 Definitions
§ 21-1-8 Temporary Storage
§ 21-1-9 Collection and Disposal
§ 21-1-9 Preparation for Collection
§ 21-1-10 Rates for Service
§ 21-1-11 Accumulation of Garbage/Refuse
§ 21-1-12 Method of Disposal
§ 21-1-13 Illegal Dumping
§ 21-1-14 Enforcement
§ 21-1-15 Sanctions
§ 21-1-16 Criminal Penalties
§ 21-1-17 Civil Penalties
CHAPTER 2. MISSISSIPPI CHOCTAW ANIMAL CONTROL CODE
§ 21-1-2 Purpose
§ 21-1-2 Definitions
§ 21-2-3 Animal Control Officers
§ 21-2-4 Vaccination of Dogs
§ 21-2-5 Registration of Dogs
§ 21-2-6 Rabies Control
§ 21-2-7 Restraint of Dogs While On Property of Owner
§ 21-2-8 Restraint of Dogs While Off Property of Owner
§ 21-2-9 Impoundment
§ 21-2-10 Dangerous Dog Classification
§ 21-2-11 Warning Signs
§ 21-2-12 Female Dogs and Female Cats in Heat
§ 21-2-13 Duty of Dog Owners to be Responsible Owners
§ 21-2-14 Nuisance Dog
§ 21-2-15 Disposal of Live Animals
§ 21-2-16 Interference With Animal Control Officer or Animal Shelter Personnel
§ 21-2-17 Methods of Enforcement: Investigations
§ 21-2-18 Penalty .
Title XXII - Tribal Enrollment
CHAPTER 1. GENERAL
§ 22-1-1. GENERAL
§ 22-1-2. DEFINITIONS
§ 22-1-3. AMENDMENTS
CHAPTER 2. APPLICATIONS FOR ENROLLMENT
§ 22-2-1. ENROLLMENT COMMITTEE
§ 22-2-2. COMMITTEE DUTIES AND POWERS
§ 22-2-3. WRITTEN APPLICATION FOR ENROLLMENT
§ 22-2-4. SPONSORING AN APPLICATION FOR ANOTHER PERSON
§ 22-2-5. APPLICATION CERTIFICATION CONCERNING DNA TESTING
§ 22-2-6. FRAUDULENT SUBMISSIONS
§ 22-2-7. APPLICATIONS TO BE NUMBERED AND DATED
§ 22-2-8. APPLICATIONS FOR CHANGE IN BLOOD QUANTUM CALCULATION
§ 22-2-9. REVIEW OF APPLICATIONS
§ 22-2-10. COMMITTEE RECOMMENDATION
§ 22-2-11. NOTICES
§ 22-2-12. COMMENCING AN APPEAL
§ 22-2-13. TRIBAL COUNCIL HEARING
§ 22-2-14. ENROLLMENTS BY RESOLUTION
CHAPTER 3. MEMBERSHIP ROLL
§ 22-3-1. CURRENT MEMBERSHIP ROLL
§ 22-3-2. ROLL TO BE KEPT CURRENT
§ 22-3-3. MASTER ROLL
§ 22-3-4. CHILDREN BORN TO MEMBERS ON THE INITIAL BASE ROLL
§ 22-3-5. ADOPTED MEMBERS
§ 22-3-6. ENROLLMENT REVIEW
§ 22-3-7. MAINTENANCE OF THE CURRENT MEMBERSHIP
§ 22-3-8. GENEALOGICAL RECORDS
§ 22-3-9. ACCESS TO RECORDS
§ 22-3-10. PRESERVATION AND DUPLICATION OF RECORDS
§ 22-3-11. UPDATING RECORDS
§ 22-3-12. COMPUTERIZED RECORDS
§ 22-3-13. MEMBERSHIP CARDS
CHAPTER 4. LOSS OF MEMBERSHIP
§ 22-4-1. RELINQUISHMENTS
§ 22-4-2. DISENROLLMENTS
CHAPTER 5. PENALTIES
§ 22-5-1. CRIMINAL PENALTIES
§ 22-5-2. CIVIL PENALTIE
Title XXIII - Protection from Domestic Abuse
CHAPTER 1. DOMESTIC ABUSE
§ 23-1-1 Short Title
§ 23-1-2 Definitions
§ 23-1-3 Jurisdiction
§ 23-1-4 Petition to Seek Relief
§ 23-1-5 Contents of Petition
§ 23-1-6 Notice and Hearing: Temporary Orders
§ 23-1-7 Protective Orders or Consent Agreements
§ 23-1-8 Grant of Relief Not to Affect Property or Orders Availability: Orders' Duration
§ 23-1-9 Testimony By Spouses Not to be Restricted
§ 23-1-10 Penalties, Protective Orders and Consent Agreements
§ 23-1-11 Participants Presumed Acting in Good Faith: Immunity from Liability
§ 23-1-12 Reports of Abuse: Confidentiality of Reports
§ 23-1-13 Immunity of Officers for Arrests in Domestic Violence Incidents
§ 23-1-14 Emergency Law Enforcement Response
§ 23-1-15 Proceedings in Addition to Other Remedies
Title XXIV - Choctaw Peacemaker Code
CHAPTER 1. CHOCTAW PEACEMAKER CODE
§ 24-1-1 Itti-kana-ikbi Court Creation and Purpose (General)
§ 24-1-2 Jurisdiction
§ 24-1-3 Itti-kana-ikbi Aliha of the Itti-kana-ikbi Court
§ 24-1-4 Use of Tribal Traditions and Customary Law
§ 24-1-5 Compelling the Appearance of Parties and Subpoenas
§ 24-1-6 Limitations on Itti-kana-ikbi Aliha Authority
§ 24-1-7 Procedure for Initiating on Action in the Itti-kana-ikbi Court
§ 24-1-8 Procedures for Requesting to Transfer as an Existing Action to the Itti-kana-ikbi Court
§ 24-1-9 General Provision
§ 24-1-10 Procedure in Itti-kana-ikbi Court
§ 24-1-11 Form of Agreements and Judgments
§ 24-1-12 Enforcement of Judgments
§ 24-1-13 Admissibility of Statements Made in Itti-kana-ikbi Court
§ 24-1-14 Conduct of Itti-kana-ikbi Aliha
§ 24-1-15 Protective Orders
§ 24-1-16 Method/Basic Rights
§ 24-1-17 Miscellaneous
Title XXV - Choctaw Torts Claim Act
CHAPTER 1. CHOCTAW TORTS CLAIM ACT
§ 25-1-1 Definitions
§ 25-1-2 Declaration of Legislative Intent
§ 25-1-3 Waiver of Immunity, Course and Scope of Employment, Presumptions
§ 25-1-4 Exclusiveness of Remedy
§ 25-1-5 Exemption From Liability
§ 25-1-6 Statute of Limitations; Notice of Claim Requirements and Administrative Exhaustion
§ 25-1-7 Jurisdiction
§ 25-1-8 Limitation of Liability
§ 25-1-9 Savings Clause
Title XXVI - Uniform Commercial Code
CHAPTER 1
GENERAL PROVISIONS
PART 1
SHORT TITLE, CONSTRUCTION, APPLICATION AND SUBJECT MATTER OF THE ACT
§ 26-1-101 Short Title
§ 26-1-102 Purposes; Rules of Construction; Variation by Agreement
§ 26-1-103 Supplementary General Principles of Law Applicable
§ 26-1-104 Construction Against Implicit Repeal
§ 26-1-105 Territorial Application of the Code; Parties' Power to Choose Applicable Law
§ 26-1-106 Remedies to Be Liberally Administered
§ 26-1-107 Waiver or Renunciation of Claim or Right After Breach
§ 26-1-108 Severability
§ 26-1-109 Section Captions
§ 26-1-110 Captions in Supplement; Interpretation [Abrogated]
PART 2
GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION
§ 26-1-201 General Definitions
§ 26-1-202 Prima Facie Evidence by Third Party Documents
§ 26-1-203 Obligation of Good Faith
§ 26-1-204 Time; Reasonable Time; "Seasonably"
§ 26-1-205 Course of Dealing and Usage of Trade
§ 26-1-206 Statute of Frauds for Kinds of Personal Property Not Otherwise Covered
§ 26-1-207 Performance of Acceptance Under Reservation of Rights
§ 26-1-208 Option to Accelerate at Will
CHAPTER 2
SALES
PART 1
SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER
§ 26-2-101 Short Title
§ 26-2-102 Scope; Certain Security and Other Transactions Excluded From This Chapter
§ 26-2-103 Definitions and Index of Definitions
§ 26-2-104 Definitions: "Merchant"; "Between Merchants"; "Financing Agency"
§ 26-2-105 Definitions: Transferability; "Goods"; "Future Goods"; "Lot"; "Commercial Unit"
§ 26-2-106 Definitions: "Contract"; "Agreement"; "Contract for Sale"; "Sale"; "Present Sale"; "Conforming to Contract"; "Termination"; "Cancellation"
§ 26-2-107 Goods to be Severed From Realty: Recording
PART 2
FORM, FORMATION AND READJUSTMENT OF CONTRACT
§ 26-2-201 Formal Requirements; Statute of Frauds
§ 26-2-202 Final Written Expression: Parol or Extrinsic Evidence
§ 26-2-203 Seals Inoperative
§ 26-2-204 Formation in General
§ 26-2-205 Firm Offers
§ 26-2-206 Offer and Acceptance in Formation of Contract
§ 26-2-207 Additional Terms in Acceptance or Confirmation
§ 26-2-208 Course of Performance or Practical Construction
§ 26-2-209 Modification, Rescission and Waiver
§ 26-2-210 Delegation of Performance; Assignment of Rights
PART 3
GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
§ 26-2-301 General Obligations of Parties
§ 26-2-302 Unconscionable Contract or Clause
§ 26-2-303 Allocation or Division of Risks
§ 26-2-304 Price Payable in Money, Goods, Realty, or Otherwise
§ 26-2-305 Open Price Term
§ 26-2-306 Output, Requirements and Exclusive Dealings
§ 26-2-307 Delivery in Single Lot or Several Lots
§ 26-2-308 Absence of Specified Place for Delivery
§ 26-2-309 Absence of Specific Time Provisions; Notice of Termination
§ 26-2-310 Open Time for Payment or Running of Credit; Authority to Ship under Reservation
§ 26-2-311 Options and Cooperation Respecting Performance
§ 26-2-312 Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement
§ 26-2-313 Express Warranties by Affirmation, Promise, Description, Sample
§ 26-2-314 Implied Warranty: Merchantability; Usage of Trade
§ 26-2-315 Implied Warranty: Fitness for Particular Purpose
§ 26-2-315.1 Exclusion or Modification of Consumer Warranties; Unenforceability
§ 26-2-316 [Reserved]
§ 26-2-317 Cumulation and Conflict of Warranties Express or Implied
§ 26-2-318 Third Party Beneficiaries of Warranties Express or Implied
§ 26-2-319 F.O.B. and F.A.S. Terms
§ 26-2-320 C.I.F. and C. & F. Terms
§ 26-2-321 C.I.F. or C. & F.: "Net Landed Weights"; "Payment on Arrival"; Warranty of Condition on Arrival
§ 26-2-322 Delivery "Ex-Ship"
§ 26-2-323 Form of Bill of Lading Required in Overseas Shipment; "Overseas"
§ 26-2-324 "No Arrival, No Sale" Term
§ 26-2-325 "Letter of Credit" Term; "Confirmed Credit"
§ 26-2-326 Sale on Approval and Sale or Return; Consignment Sales and Rights of Creditors
§ 26-2-327 Special Incidents of Sale on Approval and Sale or Return
§ 26-2-328 Sale by Auction
PART 4
TITLE, CREDITORS AND GOOD FAITH PURCHASES
§ 26-2-401 Passing of Title; Reservation for Security; Limited Application of This Section
§ 26-2-402 Rights of Seller's Creditors Against Sold Goods
§ 26-2-403 Power to Transfer; Good Faith Purchase of Goods; "Entrusting"
PART 5
PERFORMANCE
§ 26-2-501 Insurable Interest in Goods; Manner of Identification of Goods
§ 26-2-502 Buyer's Right to Goods on Seller's Insolvency
§ 26-2-503 Manner of Seller's Tender of Delivery
§ 26-2-504 Shipment by Seller
§ 26-2-505 Seller's Shipment Under Reservation
§ 26-2-506 Rights of Financing Agency
§ 26-2-507 Effect of Seller's Tender; Delivery on Condition
§ 26-2-508 Cure by Seller of Improper Tender or Delivery; Replacement
§ 26-2-509 Risk of Loss in the Absence of Breach
§ 26-2-510 Effect of Breach on Risk of Loss
PART 6 BREACH, REPUDIATION AND EXCUSE
§ 26-2-601 Buyer’s Rights on Improper Delivery
§ 26-2-602 Manner and Effect of Rightful Rejection
§ 26-2-603 Merchant Buyer’s Duties as to Rightfully Rejected Goods
§ 26-2-604 Buyer’s Options as to Salvage of Rightfully Rejected Goods
§ 26-2-605 Waiver of Buyer’s Objections by Failure to Particularize
§ 26-2-606 What Constitutes Acceptance of Goods
§ 26-2-607 Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable
§ 26-2-608 Revocation of Acceptance in Whole or in Part
§ 26-2-609 Right to Adequate Assurance of Performance
§ 26-2-610 Anticipatory Repudiation
§ 26-2-611 Retraction of Anticipatory Repudiation
§ 26-2-612 “Installment Contract”; Breach
§ 26-2-613 Casualty to Identified Goods
§ 26-2-614 Substituted Performance
§ 26-2-615 Excuse by Failure of Presupposed Conditions
§ 26-2-616 Procedure on Notice Claiming Excuse
§ 26-2-617 Acts of God, etc.
PART 7 REMEDIES
§ 26-2-701 Remedies for Breach of Collateral Contracts Not Impaired
§ 26-2-702 Seller’s Remedies on Discovery of Buyer’s Insolvency
§ 26-2-703 Seller’s Remedies in General
§ 26-2-704 Seller’s Right to Identify Goods to the Contract Notwithstanding Breach or to Salvage Unfinished Goods
§ 26-2-705 Seller’s Stoppage of Delivery in Transit or Otherwise
§ 26-2-706 Seller’s Resale Including Contract for Resale
§ 26-2-707 “Person in the Position of a Seller”
§ 26-2-708 Seller’s Damages for Non-Acceptance or Repudiation
§ 26-2-709 Action for the Price
§ 26-2-710 Seller’s Incidental Damages
§ 26-2-711 Buyer’s Remedies in General; Buyer’s Security Interest in Rejected Goods
§ 26-2-712 “Cover”; Buyer’s Procurement of Substitute Goods
§ 26-2-713 Buyer’s Damages for Non-Delivery or Repudiation
§ 26-2-714 Buyer’s Damages for Breach in Regard to Accepted Goods
§ 26-2-715 Buyer’s Incidental and Consequential Damages
§ 26-2-716 Buyer’s Right to Specific Performance or Replevin
§ 26-2-717 Deduction of Damages from the Price
§ 26-2-718 Liquidation or Limitation of Damages; Deposits
§ 26-2-719 Contractual Modification or Limitation of Remedy
§ 26-2-720 Effect of “Cancellation” or “Rescission” on Claims for Antecedent Breach
§ 26-2-721 Remedies for Fraud
§ 26-2-722 Who Can Sue Third Parties for Injury to Goods
§ 26-2-723 Proof of Market Price: Time and Place
§ 26-2-724 Admissibility of Market Quotations
§ 26-2-725 Statute of Limitations in Contracts for Sale
CHAPTER 2A LEASES
PART I GENERAL PROVISIONS
§ 26-2A-101 Short Title
§ 26-2A-102 Scope
§ 26-2A-103 Definitions and Index of Definitions
§ 26-2A-104 Leases Subject to Other Law
§ 26-2A-105 Territorial Application of Chapter to Goods Covered by Certificate of Title
§ 26-2A-106 Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum
§ 26-2A-107 Waiver or Renunciation of Claim or Right after Default
§ 26-2A-108 Unconscionability
§ 26-2A-109 Option to Accelerate at Will
PART 2 FORMATION AND CONSTRUCTION OF LEASE CONTRACT
§ 26-2A-201 Statute of Frauds
§ 26-2A-202 Final Written Expression: Parol or Extrinsic Evidence
§ 26-2A-203 Seals Inoperative
§ 26-2A-204 Formation in General
§ 26-2A-205 Firm Offers
§ 26-2A-206 Offer and Acceptance in Formation of Lease Contract
§ 26-2A-207 Course of Performance or Practical Construction
§ 26-2A-208 Modification, Rescission and Waiver
§ 26-2A-209 Lessee under Finance Lease as Beneficiary of Supply Contract
§ 26-2A-210 Express Warranties
§ 26-2A-211 Warranties Against Interference and Against Infringement; Lessee§ s Obligation Against Infringement
§ 26-2A-212 Implied Warranty of Merchantability
§ 26-2A-213 Implied Warranty of Fitness for Particular Purpose
§ 26-2A-214 [Reserved]
§ 26-2A-215 Cumulation and Conflict of Warranties Express or Implied
§ 26-2A-216 Third-Party Beneficiaries of Express and Implied Warranties
§ 26-2A-217 Identification
§ 26-2A-218 Insurance and Proceeds
§ 26-2A-219 Risk of Loss
§ 26-2A-220 Effect of Default on Risk of Loss
§ 26-2A-221 Casualty to Identified Goods
PART 3 EFFECT OF LEASE CONTRACT
§ 26-2A-301 Enforceability of Lease Contract
§ 26-2A-302 Title To and Possession of Goods
§ 26-2A-303 Alienability of Party§ s Interest Under Lease Contract or of Lessor§ s Residual Interest in Goods; Delegation of Performance; Transfer of Rights
§ 26-2A-304 Subsequent Lease of Goods by Lessor
§ 26-2A-305 Sale or Sublease of Goods by Lessee
§ 26-2A-306 Priority of Certain Liens Arising by Operation of Law
§ 26-2A-307 Priority of Liens Arising by Attachment or Levy On, Security Interests In, and Other Claims to Goods
§ 26-2A-308 Special Rights of Creditors
§ 26-2A-309 Lessor§ s and Lessee§ s Rights When Goods Become Fixtures
§ 26-2A-310 Lessor’s and Lessee’s Rights When Goods Become Accessions
§ 26-2A-311 Priority Subject to Subordination
PART 4 PERFORMANCE OF LEASE CONTRACT: REPUDIATED, SUBSTITUTED AND EXCUSED
§ 26-2A-401 Insecurity: Adequate Assurance of Performance
§ 26-2A-402 Anticipatory Repudiation
§ 26-2A-403 Retraction of Anticipatory Repudiation
§ 26-2A-404 Substituted Performance
§ 26-2A-405 Excused Performance
§ 26-2A-406 Procedure on Excused Performance
§ 26-2A-407 Irrevocable Promises; Finance Leases
PART 5 ARTICLE A DEFAULT IN GENERAL
ARTICLE B DEFAULT IN GENERAL
ARTICLE C DEFAULT BY LESEE
§ 26-2A-501 Default: Procedure
§ 26-2A-502 Notice After Default
§ 26-2A-503 Modification or Impairment of Rights and Remedies
§ 26-2A-504 Liquidation of Damages
§ 26-2A-505 Cancellation and Termination and Effect of Cancellation, Termination, Rescission, or Fraud on Rights and Remedies
§ 26-2A-506 Statute of Limitations
§ 26-2A-507 Proof of Market Rent: Time and Place
§ 26-2A-508 Lessee’s Remedies
§ 26-2A-509 Lessee’s Rights On Improper Delivery; Rightful Rejection
§ 26-2A-510 Installment Lease Contracts: Rejection and Default
§ 26-2A-511 Merchant Lessee’s Duties as to Rightfully Rejected Goods
§ 26-2A-512 Lessee’s Duties as to Rightfully Rejected Goods
§ 26-2A-513 Cure by Lessor of Improper Tender of Delivery; Replacement
§ 26-2A-514 Waiver of Lessee’s Objections
§ 26-2A-515 Acceptance of Goods
§ 26-2A-516 Effect of Acceptance of Goods; Notice of Default; Burden of Establishing Default After Acceptance; Notice of Claim or Litigation to Person Answerable Over
§ 26-2A-517 Revocation of Acceptance of Goods
§ 26-2A-518 Cover; Substitute Goods
§ 26-2A-519 Lessee’s Damages for Nondelivery, Repudiation, Default and Breach of Warranty in Regard to Accepted Goods
§ 26-2A-520 Lessee’s Incidental and Consequential Damages
§ 26-2A-521 Lessee’s Right to Specific Performance or Replevin
§ 26-2A-522 Lessee’s Right to Goods on Lessor’s Insolvency
§ 26-2A-523 Lessor’s Remedies
§ 26-2A-524 Lessor’s Right to Identify Goods to Lease Contract
§ 26-2A-525 Lessor’s Right to Possession of Goods
§ 26-2A-526 Lessor’s Stoppage of Delivery in Transit or Otherwise
§ 26-2A-527 Lessor’s Rights to Dispose of Goods
§ 26-2A-528 Lessor’s Damages for Nonacceptance, Failure to Pay, Repudiation or Other Default
§ 26-2A-529 Lessor’s Action for the Rent
§ 26-2A-530 Lessor’s Incidental Damages
§ 26-2A-531 Standing to Sue Third Parties for Injury to Goods
§ 26-2A-532 Lessor’s Rights to Residual Interest
CHAPTER 3 NEGOTIABLE INSTRUMENTS (NOT ADOPTED)
CHAPTER 4 BANK DEPOSITS AND COLLECTIONS (NOT ADOPTED)
CHAPTER 4A FUNDS TRANSFERS (NOT ADOPTED)
CHAPTER 5 UNIFORM COMMERCIAL CODE -- REVISED
ARTICLE 5. LETTERS OF CREDIT
§ 26-5-101 Short Title
§ 26-5-102 Definitions
§ 26-5-103 Scope
§ 26-5-104 Formal Requirements
§ 26-5-105 Consideration
§ 26-5-106 Issuance, Amendment, Cancellation and Duration
§ 26-5-107 Confirmer, Nominated Person and Adviser
§ 26-5-108 Issuer’s Rights and Obligations
§ 26-5-109 Fraud and Forgery
§ 26-5-110 Warranties
§ 26-5-111 Remedies
§ 26-5-112 Transfer of Letter of Credit
§ 26-5-113 Transfer by Operation of Law
§ 26-5-114 Assignment of Proceeds
§ 26-5-115 Statue of Limitations
§ 26-5-116 Choice of Law and Forum
§ 26-5-117 Subrogation of Issuer, Applicant and Nominated Person
CHAPTER 6 BULK TRANSFER (NOT ADOPTED)
CHAPTER 7 UNIFORM COMMERCIAL CODE; DOCUMENTS OF TITLE
PART I GENERAL
§ 26-7-101 Short Title
§ 26-7-102 Definitions and Index of Definitions
§ 26-7-103 Relation of Chapter to Treaty, Statute, Tariff, Classification or Regulation
§ 26-7-104 Negotiable and Non-Negotiable Warehouse Receipt, Bill of Lading or Other Document of Title
§ 26-7-105 Construction Against Negative Implication
PART 2 WAREHOUSE RECIEPTS, SPECIAL PROVISIONS
§ 26-7-201 Who May Issue a Warehouse Receipt; Storage Under Government Bond
§ 26-7-202 Form of Warehouse Receipt; Essential Terms; Optional Terms
§ 26-7-203 Liability for Non-Receipt or Misdescription
§ 26-7-204 Duty of Care; Contractual Limitation of Warehouseman’s Liability
§ 26-7-205 Title Under Warehouse Receipt Defeated in Certain Cases
§ 26-7-206 Termination of Storage at Warehouseman’s Option
§ 26-7-207 Goods Must Be Kept Separate; Fungible Goods
§ 26-7-208 Altered Warehouse Receipts
§ 26-7-209 Lien of Warehouseman
§ 26-7-210 Enforcement of Warehouseman’s Lien
PART 3 BILLS OF LADING; SPECIAL PROVISIONS
§ 26-7-301 Liability for Non-Receipt or Misdescription; “Said to Contain”; “Shipper’s Load and Count”; Improper Handling
§ 26-7-302 Through Bills of Lading and Similar Documents
§ 26-7-303 Diversion; Reconsignment; Change of Instructions
§ 26-7-304 Bills of Lading in a Set
§ 26-7-305 Destination Bills
§ 26-7-306 Altered Bills of Lading
§ 26-7-307 Lien of Carrier
§ 26-7-308 Enforcement of Carrier’s Lien
§ 26-7-309 Duty of Care; Contractual Limitation of Carrier’s Liability
PART 4 WAREHOUSE RECIEPTS AND BILL OF LADING. GENERAL OBLIGATION
§ 26-7-401 Irregularities in Issue of Receipt or Bill of Conduct of Issuer
§ 26-7-402 Duplicate Receipt or Bill; Overissue
§ 26-7-403 Obligation of Warehouseman or Carrier to Deliver; Excuse
§ 26-7-404 No Liability for Good Faith Delivery Pursuant to Receipt or Bill
PART 5 WAREHOUSE. RECIEPTS AND BILLS OF LADING: NEGOTIATION AND TRANSFER
§ 26-7-501 Form of Negotiation and Requirements of “Due Negotiation”
§ 26-7-502 Rights Acquired by Due Negotiation
§ 26-7-503 Document of Title to Goods Defeated in Certain Cases
§ 26-7-504 Rights Acquired in the Absence of Due Negotiation; Effect of Diversion; Seller’s Stoppage of Delivery
§ 26-7-505 Endorser Not a Guarantor for Other Parties
§ 26-7-506 Delivery Without Endorsement; Right to Compel Endorsement
§ 26-7-507 Warranties on Negotiation or Transfer of Receipt or Bill
§ 26-7-508 Warranties of Collecting Bank as to Documents
§ 26-7-509 Receipt or Bill: When Adequate Compliance With Commercial Contract
PART 6 WAREHOUSE RECEIPTS AND BILLS OF LADING. MISCELLENOUS PROVISIONS
§ 26-7-601 Lost and Missing Documents
§ 26-7-602 Attachment of Goods Covered by a Negotiable Document
§ 26-7-603 Conflicting Claims; Interpleader
CHAPTER 8 INVESTMENT SECURITIES [NOT ADOPTED]
CHAPTER 9 SECURED TRANSACTIONS, SALE OF ACCOUNTS, CONTRACT RIGHTS AND CHATTEL PAPER
PART 1 SHORT TITLE, APPLICABLITY AND DEFINITIONS
§ 26-9-101 Short Title
§ 26-9-102 Policy and Subject Matter of Chapter
§ 26-9-103 Perfection of Security Interests in Multiple Jurisdictional Transactions
§ 26-9-104 Transactions Excluded From Chapter
§ 26-9-105 Definitions and Index of Definitions
§ 26-9-106 Definitions: “Account”; “General Intangibles”
§ 26-9-107 Definitions: “Purchase Money Security Interest”
§ 26-9-108 When After-Acquired Collateral Not Security for Antecedent Debt
§ 26-9-109 Classification of Goods: “Consumer Goods”; “Equipment”; “Farm Products”; “Inventory”
§ 26-9-110 Sufficiency of Description
§ 26-9-111 Applicability of Bulk Transfer Laws
§ 26-9-112 Where Collateral is Not Owned by Debtor
§ 26-9-113 Security Interests Arising Under Chapter on Sales or Under Chapter on Leases
§ 26-9-114 Consignment
§ 26-9-115 Investment Property
§ 26-9-116 Security Interest Arising in Purchase or Delivery of Financial Asset
PART 2 VALIDITY OF SECURITY OF AGREEMENT AND RIGHTS OF PARTY THERETO
§ 26-9-201 General Validity of Security Agreement
§ 26-9-202 Title to Collateral Immaterial
§ 26-9-203 Attachment and Enforceability of Security Interest; Proceeds, Formal Requisites
§ 26-9-204 After-Acquired Property; Future Advances
§ 26-9-205 Use or Disposition of Collateral Without Accounting Permissible
§ 26-9-206 Agreement Not to Assert Defenses Against Assignee; Modification of Sales Warranties Where Security Agreement Exists
§ 26-9-207 Rights and Duties When Collateral Is in Secured Party’s Possession
§ 26-9-208 Request for Statement of Account or List of Collateral
PART 3 RIGHTS OF THIRD PARTIES; PERFECTED AND UNPERFECTED SECURITY INTERESTS; RULES OF PRIORITY
§ 26-9-301 Persons Who Take Priority Over Unperfected Security Interests; Rights of “Lien Creditor”
§ 26-9-302 When Filing is Required to Perfect Security Interest; Security Interests to Which Filing Provisions of This Chapter Do Not Apply
§ 26-9-303 When Security Interest Is Perfected; Continuity of Perfection
§ 26-9-304 Perfection of Security Interest in Instruments, Documents, and Good Covered by Documents; Perfection by Permissive Filing; Temporary Perfection Without Filing or Transfer of Possession
§ 26-9-305 When Possession by Secured Party Perfects Security Interest Without Filing
§ 26-9-306 “Proceeds”; Secured Party’s Rights on Disposition of Collateral
§ 26-9-307 Protection of Buyers of Goods
§ 26-9-308 Purchase of Chattel Paper and Instruments
§ 26-9-309 Protection of Purchasers of Instruments, Documents, and Securities
§ 26-9-310 Priority of Certain Liens Arising by Operation of Law
§ 26-9-311 Alienability of Debtor’s Rights; Judicial Process
§ 26-9-312 Priorities Among Conflicting Security Interests in the Same Collateral
§ 26-9-313 Priority of Security Interests in Fixtures
§ 26-9-314 Accessions
§ 26-9-315 Priority When Goods Are Commingled or Processed
§ 26-9-316 Priority Subject to Subordination
§ 26-9-317 Secured Party Not Obligated on Contract of Debtor
§ 26-9-318 Defenses Against Assignee; Modification of Contract After Notification of Assignment; Term Prohibiting Assignment Ineffective; Identification and Proof of Assignment
§ 26-9-319 Regulations Implementing Central Filing System for Farm Products
PART 4 FILING
§ 26-9-401 Place of Filing; Erroneous Filing; Removal of Collateral
§ 26-9-402 Formal Requisites of Financing Statement; Amendments; Mortgage as Financing Statement
§ 26-9-403 What Constitutes Filing; Duration of Filing; Effect of Lapsed Filing; Duties of Filing Officer
§ 26-9-404 Termination Statement
§ 26-9-405 Assignment of Security Interest; Duties of Filing Officer; Fees
§ 26-9-406 Release of Collateral; Duties of Filing Officer; Fees
§ 26-9-407 Information From Filing Officer
§ 26-9-408 Financing Statements Covering Consigned or Leased Goods
§ 26-9-409 Forms
§ 26-9-410 Cumulative List of Filings
PART 5 DEFAULT
§ 26-9-501 Default; Procedure When Security Agreement Covers Both Real and Person Property
§ 26-9-502 Collection Rights Of Secured Party
§ 26-9-503 Secured Party’s Right to Take Possession After Default
§ 26-9-504 Secured Party’s Right to Dispose of Collateral After Default; Effect of Disposition
§ 26-9-505 Compulsory Disposition of Collateral; Acceptance of the Collateral as Discharge of Obligation
§ 26-9-506 Debtor’s Right to Redeem Collateral
§ 26-9-507 Secured Party’s Liability for Failure to Comply With This Part
Title XXVII - Choctaw Boxing Commission
CHAPTER 1. GENERAL RULES FOR BOXING
§ 27-1-1 Purpose, Applicability and Scope of Rules
§ 27-1-2 Definitions
§ 27-1-3 Commission, Commission Employees, Duties and Responsibilities
§ 27-1-4 Executive Director, Duties and Responsibilities
§ 27-1-5 Commission Representatives, Duties and Responsibilities
§ 27-1-6 Chief Inspectors, Inspectors, Duties and Responsibilities
§ 27-1-7 Licenses, Permits; Requirement, Procedure, Period, and Fee
§ 27-1-8 Insurance
§ 27-1-9 Weight Classes; Weigh-In; Pre-Match Physical of Participant and Referee
§ 27-1-10 Drugs and Foreign Substances; Penalties
§ 27-1-11 Promoter and Matchmaker; Licensing and Bond; Duties and Conduct; Disclosures
§ 27-1-12 Arena Equipment; Ring Requirements; Floor Plan and Apron Seating; Emergency Medical and Other Equipment and Services
§ 27-1-13 Participants§ Apparel and Appearance
§ 27-1-14 Bandages and Handwraps
§ 27-1-15 Gloves and Mouthpieces
§ 27-1-16 Physician; License and Duties; Authority
§ 27-1-17 Manager; License; Contract Between Manager and Participant
§ 27-1-18 Participant; License; Conduct and Other Requirements
§ 27-1-19 Judge, License, Duties, Disclosures
§ 27-1-20 Sanctioning Organizations and Disclosures
§ 27-1-21 Announcer; License and Duties
§ 27-1-22 Timekeeper or Knockdown Timekeeper; License and Duties
§ 27-1-23 Second; License and Duties
§ 27-1-24 Referee; License, Duties, Disclosures
§ 27-1-25 Trainer; License and Conduct
§ 27-1-26 Booking Agent, Representative of Booking Agent; License
§ 27-1-27 Rounds
§ 27-1-28 Scoring System; Scoring, Criteria; Knockdowns, Fouls; Determination of Win or Draw; Decision Final, Exceptions
§ 27-1-29 Post-Match Physical Requirements; Suspensions
§ 27-1-30 Payments to Commission; Post-Match Reports Required to be Filed; Penalty for Late Filing
§ 27-1-31 Method of Payment
§ 27-1-32 Administrative Complaints
§ 27-1-33 Forms
§ 27-1-34 Adoption and Incorporation of Applicable Federal Law
§ 27-1-35 Future Amendments
Title XXVIII - Hotel and Innkeeper Code
§ 28-1-1 Title
§ 28-1-2 Definitions
§ 28-1-3 Copy of Law To Be Posted In All Hotels
§ 28-1-4 Penalty
§ 28-1-5 Civil Liability of Innkeepers
§ 28-1-6 Obtaining Board And Lodging With Intent to Defraud
§ 28-1-7 Proof of Fraudulent Intent
§ 28-1-8 Patron May Not Remain Longer Than Their Term or Stay
§ 28-1-9 Hotel Authorities May Eject Violators of the Law
§ 28-1-10 Innkeepers To Have Lien On Baggage And Disposal Thereof
§ 28-1-11 Disposal of Lost or Abandoned Items
§ 28-1-12 Record Keeping Regarding Lost or Abandoned Items
§ 28-1-13 Claims For Property And Interpleading Property Into Court
Title XXIX - Abandoned Property Code
§ 29-1-1 Title
§ 29-1-2 Definitions
§ 29-1-3 Lost or Abandoned Tangible Property
§ 29-1-4 Lost or Abandoned Intangible Property
§ 29-1-5 Inventory
§ 29-1-6 Claims for Property
§ 29-1-7 Unclaimed Distribution Checks
§ 29-1-8 Regulations and Rules
§ 29-1-9 Lost or Abandoned Property of Tribal Enterprises
§ 29-1-10 Compliance as a Bar
§ 29-1-11 Non-Applicability to Hotel
Title XXX - Labor Organizations Title
§ 30-1-1 Definitions
§ 30-1-2 Tribal Council Findings
§ 30-1-3 Jurisdiction
§ 30-1-4 Registration Of Labor Organizations
§ 30-1-5 Business Agents
§ 30-1-6 Freedom Of Choice And Recognition Of Indian Preference Rights Guaranteed
§ 30-1-7 No Strike On Choctaw Lands Against Tribal Enterprises
§ 30-1-8 Violations Of Title
§ 30-1-9 Civil Remedies
§ 30-1-10 Severability
§ 30-1-11 Sovereign Immunity
Title XXXI - Vulnerable Adult Protection Code
§ 31-1-1 Title
§ 31-1-2 Purpose
§ 31-1-3 Definitions
§ 31-1-4 Duty to report abuse, neglect or exploitation of a vulnerable adult
§ 31-1-5 Immunity for reporting
§ 31-1-6 Failure to report and false reporting; criminal liability
§ 31-1-7 Investigation
§ 31-1-8 Interference with investigation & retaliation prohibited; civil penalty
§ 31-1-9 Privileged communication
§ 31-1-10 Vulnerable adult essential services; other services; evaluation procedure
§ 31-1-11 Emergency orders
§ 31-1-12 Rights of vulnerable adults, their families and caretakers
§ 31-1-13 Procedures for determining incapacity; and abuse, neglect or exploitation
§ 31-1-14 Confidentiality of reporter, records, hearings, penalty for not complying with confidentiality
§ 31-1-15 Criminal and civil sanctions for abuse, neglect and exploitation of a vulnerable adult
§ 31-1-16 Deferring criminal prosecution
§ 31-1-17 Construction with other law
Title XXXII - Sex Offender Registration
CHAPTER 1. DEFINITIONS
§ 32-1-1 Definitions
CHAPTER 2. REGISTRATION
§ 32-2-1 Sex Offender Registry
§ 32-2-2 Registration Requirements
§ 32-2-3 Time For Registration of Sex Offenders
§ 32-2-4 Duration of Registration
§ 32-2-5 In Person Verification
§ 32-2-6 Mandatory Disclosure
§ 32-2-7 Expunction of Criminal Records
§ 32-2-8 Registrant Official Determination of Tier and Exceptions
§ 32-2-9 Administrative Review of Registrant Official Determination
CHAPTER 3. ZONES OF RESTRICTION
§ 32-3-1 Prohibition Against Sex Offender Being Present in or Within a Certain Distance of Properties Utilized by Minors
§ 32-3-2 Prohibition on Offenders Residing Within Two Thousand Five Hundred Feet Within a School
CHAPTER 4. EXCLUSION AND ABSCONDERS
§ 32-4-1 Nonmember Exclusion
§ 32-4-2 Member Exclusion
§ 32-4-3 Absconders
CHAPTER 5. PUBLICATION & NOTIFICATION
§ 32-5-1 Publication
§ 32-5-2 Mandatory Publication and Notification
§ 32-5-3 Publication to National Sex Offender Registry
§ 32-5-4 Publication to Other Law Enforcement Agencies
CHAPTER 6. IMMUNITY
§ 32-6-1 No Waiver of Immunity
§ 32-6-2 Good Faith
CHAPTER 7. MANDATORY CIVIL SANCTIONS
§ 32-7-1 Mandatory Civil Sanctions
CHAPTER 8. CRIMINAL SANCTIONS
§ 32-8-1 Failure to Register
§ 32-8-2 Providing False or Misleading Registration Information
§ 32-8-3 Failure to Update Registration Information
§ 32-8-4 Failure to Appear for Periodic Registration
§ 32-8-5 Violation of School Zone Restriction
§ 32-8-6 Violation of Residency Restrictions
§ 32-8-7 Repeat Offenders
§ 32-8-8 Hindrance of Sex Offender Registration
§ 32-8-9 Misuse of Registration Information
[Table of Contents created by NILL in February 2015, based on materials available on tribe's website.]