Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin - Tribal Law

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Bad River Band of the Lake Superior Chippewa Indians Tribal Code.

1.22.100 Judgment

(a) If plaintiff fails to appear on the return date or at trial, the court may dismiss the complaint. Dismissal shall be without prejudice unless a complaint filed by the plaintiff arising from the same transaction or occurrence has been dismissed on the same grounds once before.

(b) If the defendant fails to appear on the return date or at trial, the court may enter judgment for plaintiff upon due proof of facts which show the plaintiff is entitled to judgment.

(c) After trial, the court may give its decision orally immediately, or it may file written findings of fact, conclusions of law, and judgment, no later than 30 days following trial.

(d) Judgment may be reopened at any time within one year of judgment in any case where service was by mail or publication, the defendant did not receive actual notice of the action and did not appear in the action or otherwise submit to the jurisdiction of the court, and the defendant petitions the court to reopen the judgment within 15 days of receiving actual notice of the action or judgment. Such petition shall be verified and shall state the facts upon which the petitioner bases the claim the reopen under this subparagraph. After hearing, the court may grant the petition to reopen, in which case a trial date shall be set.

(e) Default judgment may be reopened on all grounds other than failure of actual notice, by petition for good cause shown within six months of entry of judgment.

(f) Judgment shall be entered by the Clerk within 20 days of the court's oral announcement or the court's filing of written findings, conclusions, and judgment. A notice of entry of judgment shall thereupon be prepared by the Clerk who shall mail a copy thereof to each party.

Original url: https://law.badriver-nsn.gov/us/nsn/badriver/council/code/1.22.100

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