Red Lake Band of Chippewa Indians
Tribal Code
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CHAPTER 202


COSTS AND FEES AND DISBURSEMENTS


202.01                         Fees in Civil Actions


At the time of filing his/her complaint with the Clerk of Court, the plaintiff shall pay to the Clerk of Court a filing fee in the amount of $15.00.


202.02                         Costs


Subdivision 1. Definition. Costs are certain sums of money that may be allowed to the prevailing party for expenses in the action and added to the judgment.


Subdivision 2. Allowable Costs. The following costs shall be allowed in all actions:


      a)              To the plaintiff, if a judgment is rendered in his favor $15.00.


      b)              To the defendant, if the case is dismissed or if a judgment is rendered in his/her favor on the merits, $15.00.


202.03                         Disbursements


Subdivision 1. Definition. Disbursements are expenses necessarily paid or incurred in an action by the prevailing party and which may be added to the judgment. Disbursements may include service of process fees and mileage of the process server, witness fees, discovery fees and other fees and costs associated with the maintenance of the action.


Subdivision 2. Taxation of Disbursements. Within five (5) days after a judgment has been rendered and before the filing of the same with the Clerk of Court, the prevailing party may apply to the Court for taxation of disbursements. A copy of the application shall be served upon the opposing party by mail at the party's last known address. The application shall contain relevant information which proves that the disbursement was necessarily paid or incurred. The opposing party shall file a response to the application with five (5) days of receipt thereof and shall file within ten (10) days after the judgment is rendered, the Clerk of Court shall tax the disbursements pursuant to the prevailing party's application. If a response is filed within the time limit set forth herein, the matter shall be set on for hearing before the Court at the earliest practical time. If the Court shall find that the expenses of the prevailing party were necessarily paid or incurred in the maintenance of the action, it may order that the same be taxed in favor of the prevailing party and included within the judgment.