TITLE II

CIVIL PROCEDURE

CHAPTER 200

200.01                         General Provisions; Jurisdiction

There shall be one form of action to be known as a "Civil Action". The Red Lake Court of Indian Offenses shall have original jurisdiction over all civil actions arising under this Code, the Constitution, and at common law, by ordinance of the Red Lake Band of Chippewa Indians and wherein the cause of action arose within the boundaries of Red Lake Indian Reservation and in which all parties to the action are real parties in interest.

200.02                         Action, Parties, Commencement

The party complaining in a civil action shall be called the plaintiff and the party against whom the complaint is made shall be called the defendant. A civil action is commenced against each defendant by filing a complaint with the Clerk of the Red Lake Court of Indian Offenses. Such commencement of the action shall be ineffectual unless within 45 days after the filing of the complaint the summons is actually served on each defendant.

200.03                         Service of Complaint

A copy of the complaint shall be served with the summons.

200.04                         Summons

The summons shall contain the following:

      a)              The name of the court; and

      b)              The names of the parties; and

      c)              It shall bear the signature of a judge of the Red Lake Court of Indian Offenses; and

      d)              It shall state that the defendant shall serve a copy of his/her answer to the complaint on the plaintiff within 20 days after the service of the summons upon him/her; and

      e)              It shall notify the defendant that if s/he fails to answer the complaint and serve his/her answer within the required time period, a judgment by default will be rendered against him/her for the relief demanded in the complaint.

200.05                         Filing Answer

The original answer of the defendant shall be filed with the Clerk of the Red Lake Court of Indian Offenses.

200.06                         Service

Any person, 18 years or older, may serve notice on any party or witness and shall provide proof of service. If the party served refuses or is unable to sign, the process server may sign in lieu of the party. If the non-responsive party fails to appear at the scheduled hearing and fails to offer a reasonable excuse, then the judge may enter a default judgment in favor of the party who appears.

(Section 200.06 revised to the Tribal Code by Tribal Resolution 292-93, dated September 14, 1993)

(Section 200.06 revised to the Tribal Code by Tribal Resolution No. 167-95 dated August 8, 1995),

200.07                         By Whom Served

An officer of the Red Lake Police Department may make service of the summons and other process on any enrolled adult Indian member of the Red Lake Band of Chippewa Indians. In addition, any person who is not a party to the action may make service of a summons.

200.08                         Return of Service

The officer or person causing the service to be made shall attach to the summons and file with the Clerk of Court a return of service which shall state the place, date, time and person on whom the service was made. If service was caused by Certified Mail, the return receipt shall be filed with the Clerk of Court.

200.09                         Filings

All pleadings, affidavits and other papers in connection with a civil action shall be filed with the Clerk of Court unless otherwise provided by this Code or by order of the Court.

200.10                         Complaint

A complaint shall contain the following information:

      a)              The name of the Court; and

      b)              The names of the parties; and

      c)              A short and plain statement of the claim showing that the pleader is entitled to relief; and

      d)              A demand for judgment for the relief to which the pleader deems himself entitled and if the demand is for property, a definite description of the property shall be made and if the demand is for money, the amount demanded shall be stated.

200.11                         Answer

Subdivision 1. Generally. A party shall state in short and plain terms his defenses to each claim asserted by the adverse party. A copy of the answer shall be mailed by the defendant to the plaintiff, and the original thereof filed with the Clerk of Court within the time period allowed for answering the complaint as provided herein.

Subdivision 2. Types of Defenses. The answer may contain the following types of defenses to the claim asserted by the adverse party:

      a)              Admission of the entire claim or any part of the claim.

      b)              Denial of the entire claim or any part or portion of the claim.

      c)              A statement that the pleader is without knowledge or information sufficient to form a belief as to the truth of the claim or any portion of the claim. This statement has the same effect as a denial of the claim.

      d)              A statement that the Court lacks jurisdiction over the subject matter of the action or over the parties.

      e)              A statement that the facts stated by the adverse party do not constitute a cause of action for which relief can be granted.

      f)               A statement that the action is barred by the statute of limitations.

      g)              Any and all other matters constituting an avoidance of the claim shall also be stated.

200.12                         Counterclaim

The defendant may assert in his/her answer a counterclaim against the adverse party and in the event the plaintiff shall have ten (10) days from the date of service of the counterclaim upon him/her to serve a copy of his/her reply to the counterclaim upon the defendant and file the original thereof with the Clerk of Court. The original reply to the counterclaim shall be filed with the Clerk of Court. The counterclaim shall set forth any claim that the defendant shall have against the plaintiff.

200.13                         Pre-Trial Conference

Within fifteen (15) days after the answer has been filed with the Clerk of Court, the Clerk of Court shall schedule a pre-trial conference and shall notify the plaintiff and defendant of the time, date and place of said conference. At the pre-trial conference, the presiding judge shall ascertain the following:

      a)              Whether or not a jury trial is requested by any of the parties;

      b)              Whether or not some or all of the issues in the dispute can be settled without a formal adjudication;

      c)              Whether or not justice requires any party to answer written interrogatories, produce any documents or other evidence, or otherwise engage in any pre-trial discovery considered proper by the judge. If the judge determines that pre-trial discovery is proper, s/he shall set forth the nature, extent and time scheduled for completion of pre-trial discovery;

      d)              Whether or not the claim is ready for trial:

1.If the claim is ready for trial, the judge shall set a date for trial as soon as practical.

2.If the claim is not ready for trial, the judge shall set a subsequent date for trial.

200.14                         Issuance of Subpoenas

Subdivision 1. Upon request of any party or upon the Court's own initiative, the Court shall issue subpoenas to compel the testimony of witnesses, or the production of books, records, documents or any other physical evidence relevant to the determination of the case and not an undue burden on the person possessing the evidence. An employee of the Court may act on behalf of the Court and issue subpoenas which have been signed by a judge and which are to be served within the confines of the Reservation.

Subdivision 2. A subpoena shall bear the signature of the Chief Judge or an Associate Judge of the Court and it shall state the name of the Court, the name of the person or description of the physical evidence to be subpoenaed, the title of the proceeding, and the time and place where the witness is to appear or the evidence is to be produced.

200.15                         Service of Subpoenas

A subpoena may be served in the manner prescribed in Section 200.06 and 200.07.

200.16                         Failure to Obey Subpoena

In the absence of a jurisdiction satisfactory to the Court, a person who fails to obey a subpoena issued and served in accordance with the provisions of this Code may be cited and held in contempt of court.

200.17                         Jury Trials

Subdivision 1. Right to Jury Trial. The right to a trial by jury shall extend to all cases without regard to the amount in controversy. A jury trial may be waived by the parties in all cases.

Subdivision 2. Impaneling of Jurors. The jury shall be impaneled in the same manner as in criminal trials.

Subdivision 3. Challenges. Either party may challenge the panel or individual jurors thereon for the same causes and in the same manner as in criminal trials, except that the number of peremptory challenges to be allowed shall be as provided in this section. A sufficient number of jurors shall be impaneled so that six (6) shall remain after the exercise of the peremptory challenges as provided in this section. Before challenging a juror, each party may examine him/her in reference to his/her qualifications to sit as a juror in the cause. Each party shall be entitled to two (2) peremptory challenges, which shall be made alternately beginning with the defendant. When the peremptory challenges have been exhausted or declined, the first six of the remaining jurors shall constitute the jury.

200.18                         Trial Procedures

In a civil case when the jury is completed and sworn, the trial shall proceed in the following order:

      a)              The plaintiff shall orally state his/her case and then shall produce the evidence on his/her part.

      b)              The defendant may then state his/her case and produce his/her evidence in support of his case.

      c)              The parties may then respectively offer [rebut-table] evidence only.

      d)              When the evidence has been concluded, the parties may present closing arguments with the defendant proceeding first and the plaintiff proceeding last.

      e)              When the arguments are closed, the Court shall instruct the jury.

200.19                         Evidence

All testimony of witnesses shall be given orally under oath in open Court and subject to the right of cross examination. Documentary and tangible evidence shall also be received in open court.

200.20                         Verdict

The verdict of the jury shall be by majority among its members, except, that after two hours of deliberation without unanimous agreement among the members of the jury, an agreement by five-sixths of the members of the jury may be sufficient to return a verdict.

200.21                         Accomplices and Accessories

Subdivision 1. An Indian is criminally liable for a crime committed by another person if the Indian intentionally aids, advises, hires, counsels, assists or conspires with another person for that person to violate the law, rules or regulations of the Red Lake Band of Chippewa Indians. An Indian convicted under this Section may be imprisoned or fined or both in the same manner as if the Indian had directly committed the crime.

Subdivision 2. An Indian criminally liable under Subdivision 1 hereof may be charged with or convicted of the crime committed by the other person even if the person who directly committed the crime has not been convicted or has been convicted of some other degree of the crime or of some other crime based on the same act.

Subdivision 3. Any Indian who intentionally aids, advised, hires, counsels, assists or conspires with another person for that person to commit a crime and thereafter the Indian abandons that purpose and makes a reasonable attempt to prevent the commission of the crime prior to its commission is not criminally liable if the crime is thereafter committed.

Subdivision 4. The provisions of Section 1000.08 and 1000.09 of the Red Lake Tribal Code relating to seizure and confiscation of personal property used in the commission of a crime are applicable to charges and convictions under Section 200.21 of the Red Lake Tribal Code.

(Section 200.21 added to the Tribal Code by Resolution 276-91, dated October 8, 1991)