Stockbridge Munsee Community, Wisconsin - Tribal Law

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Stockbridge-Munsee Tribal Code.

Section TCT.02.13 — Dismissal Of Actions

(a) Voluntary Dismissal. At any point in the proceeding, a party may dismiss his or her claim voluntarily. The Trial Court may order a party moving to dismiss his or her own claim to pay the costs of the adverse party if the proceeding has progressed beyond the pleading stage, and may order the payment of costs when the Trial Court deems appropriate.

(b) Involuntary Dismissal. A party against whom a claim has been made may move the Trial Court to dismiss the claim of an adverse party upon any of the following grounds:

(1) Failure of the adverse party to pursue prosecution of his or her claim;

(2) Failure of the adverse party to comply substantially with this ordinance;

(3) Failure of the adverse party to comply with an order of the Trial Court;

(4) Failure of the adverse party to appear at a properly scheduled hearing or trial following proper notice of the hearing or trial;

(5) Any of the grounds listed in Section TCT.02.08(c) of this ordinance;

(6) At the close of the presentation of the other party's evidence and without prejudicing his or her own right to present evidence, failure of the opposing party to establish a right to relief based on the facts and law presented.

Original url: https://law.mohican.com/us/nsn/mohican/council/code/TCT.02.13

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