Stockbridge Munsee Community, Wisconsin - Tribal Law

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Stockbridge-Munsee Tribal Code.

Section TCT.02.08 — Defenses And Objections

(a) When Presented. A defendant or other party against whom a claim has been made for affirmative relief shall have thirty (30) days from the date of service to answer the claim.

(b) Motions. Motions to dismiss or motions for a more definite statement may be made prior to answering a claim and an answer to such claim shall not be due until ten (10) days after the disposition of the motion by the Trial Court.

(c) How Presented. Every defense, in law and fact, to a claim for relief in any pleading shall be asserted in the answer thereto, except that the following defenses may be made by motion:

(1) Lack of jurisdiction over the subject matter;

(2) Lack of jurisdiction over the person;

(3) Improper venue;

(4) Insufficiency of process;

(5) Insufficiency of service of process;

(6) Failure to state a claim upon which relief may be granted; or

(7) Failure to join an indispensable party pursuant to Section TCT.02.10(c).

Original url: https://law.mohican.com/us/nsn/mohican/council/code/TCT.02.08

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