NOTICE: The Tribal Court is relocating to 911 Spring Street, Petoskey, MI on September 18th & 19th 2012.
The Judiciary has directed that new and amended Court rules shall be proposed to the Judiciary, as a whole, who then shall vote on whether to put forward the purposed rule for comment either at a Judiciary meeting or by email. A record of said vote shall be kept by the Court Administrator. Resolutions or amendments that the Judiciary votes to put forward for public comment by at least a majority vote of the Judiciary shall be placed on the LTBB website within seven (7) days of adoption. The public shall be invited to comment on proposed rules for thirty (30) days. The Court Administrator shall send to the Judiciary by email all comments received within seven (7) days of the closing of the comment period. The Judiciary shall either vote to accept with comments, accept without comments, or reject the proposed rule and/or amendment.
If the Judiciary votes to make a proposed rule final, the final rule shall take effect immediately upon publication on the LTBB website. All final amendments or rules shall be published in the Odawa Trails as soon as possible but no later than ninety (90) days from adoption.
August 31, 2015
LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS TRIBAL COURT
Amendment to Rules of Civil Procedure Regarding Challenge of Election Results
By order of the Judiciary of the Little Traverse Bay Bands Tribal Court, the Rules of Civil Procedure are hereby amended to insert the following after Rule I. § 2:
“Section 3. Application of these Rules to Challenges of Election Results
For the purpose of these Rules, a “Challenge of Election Results” is a suit brought in the Court under Article XII. § F. of the Little Traverse Bay Bands of Odawa Indians Constitution.
The purpose of this Rule is to clarify the application of these Rules to a Challenge of Election Results. The procedure required by this Rule is intended to ensure compliance with all legal requirements for a Challenge of Election Results, including Article XII § F. of the Little Traverse Bay Bands of Odawa Indians Constitution, the Waganakising Odawa Statute § 3.111(D) and the Election Regulations of the Little Traverse Bay Bands of Odawa Indians, and the Due Process protections guaranteed by Article II. § 8 of the Little Traverse Bay Bands of Odawa Indians Constitution.
Within twenty (20) days of a Challenge of Election Results being filed, the Court must:
hold a show cause hearing, in which the plaintiff must establish that the Challenge of Election Results is a claim upon which relief may be granted. In order to demonstrate this to the Court, the plaintiff must allege facts with sufficient specificity to demonstrate that the Challenge of Election Results is plausible on its face, not merely conceivable; and
determine the outcome of the show cause hearing.
If the Court holds that the plaintiff has established that the Challenge of Election Results is a claim upon which relief may be granted, the Challenge of Election Results must proceed to a final hearing within fourteen (14) days according to the following scheduling requirements:
The plaintiff must file and serve any amended pleadings and requests for discovery within three (3) days of the show cause hearing;
The defendant must file and serve any amended pleadings and requests for discovery within three (3) days of being served with the plaintiff’s amended pleadings or, if the plaintiff does not file any amended pleadings or requests for discovery, within six (6) days of the show cause hearing;
All parties must file and serve witness and exhibit lists with the court at least five (5) days before the final hearing; and
All discovery must be completed by the final hearing.
Except in the most extreme circumstances, the Court must issue its final judgment within three (3) days of the final hearing.
For the avoidance of any doubt, if the Court holds that the plaintiff has not established that the Challenge of Election Results is a claim upon which relief may be granted, the Challenge of Election Results has failed and the determination of the outcome of the show cause hearing required by § 3(a)(ii) above is the final determination of the Challenge of Election Results. No motions for reconsideration may be filed.
The Court may not grant extensions of time in relation to any of the deadlines set out above for Challenges of Election Results under this Rule except under the most extreme circumstances, even if parties are in agreement on an extension.
The Court may not consider any interlocutory motions by any party in relation to Challenges of Election Results except at the show cause hearing required by § 3(c) above except under the most extreme circumstances, even if the parties are in agreement a motion should be heard or made by the Court.
Little Traverse Bay Bands of Odawa Indians Tribal Court
Rules of Civil Procedure
Repeal/Elimination of the following rule(s)
SUBSTANTIVE REQUIREMENTS FOR GIVING FULL FAITH AND CREDIT TO ORDERS, JUDGEMENTS, DECREES AND OTHER JUDICIAL PROCEEDINGS
Orders, judgments, decrees and other judicial proceedings from courts other than the tribal court may be given full faith and credit in the tribal court after the party seeking full faith and credit establishes by clear and convincing evidence that:
the other court had jurisdiction over both the subject matter and the parties;
the order, judgment, decree or other proceeding was not fraudulently obtained;
the order, judgment, decree or other proceeding was obtained by a process that assures the requisites of an impartial administration of justice including but not limited to due notice and a hearing;
the order, judgment decree or other proceeding complies with the laws, ordinances and regulations of the jurisdiction from which it was obtained; and
the order, judgment, decree or other proceeding does not contravene the public policy of the Little Traverse Bay Bands of Odawa Indians or interfere with the Tribe’s right to make its own laws and be governed by them.
PROCEDURAL REQUIREMENTS FOR GIVING FULL FAITH AND CREDIT TO ORDERS, JUDGEMENTS, DECREES, AND OTHER JUDICIAL PROCEEDINGS
A party seeking to have full faith and credit given to an order, judgment, decree or other judicial proceeding from a court other than the tribal court shall file a petition with the tribal court requesting that full faith and credit be given to the order, judgment, decree or other judicial proceeding. Notice shall be given to the other party(ies) to the order, judgment, decree or other judicial proceeding in the foreign jurisdiction and they shall have an opportunity to respond to the petition in accordance with the LTBBRCP applicable to responsive pleadings. The tribal court may hear oral argument on the petition at its discretion. The tribal court shall enter an order finding that the requirements of this Rule have or have not been met within ten (10) day of:
the date of the hearing; or
filing of the response to the petition for full faith and credit if no hearing is ordered; or
if no response is filed, within ten (10) days of the date a response could have been filed pursuant to these Rules.
Rules XXXV and XXXVI of the Rules of Civil Procedure (Attachment A to this memo) and Chapter Four of the Court Rules, titled “Recognition and Enforcement of Foreign Court Judgment” (Attachment B to this memo), both deal with the recognition of foreign court judgments by Tribal Court. It has recently come to the Court’s attention that these rules are inconsistent. It is important to note that the Court Rules, rather than the Rules of Civil Procedure, reflect the agreement struck between the Tribes and the State Courts when establishing the mutual full faith and credit procedure for Tribal and State Courts in Michigan. Therefore, to the extent of any inconsistency, it is preferable for the position in the Court Rules to be the position taken by the Court.
The mission of the Tribal Court is to implement the Little Traverse Bay Bands of Odawa Indians judicial system, consistent with self-determination and the sovereign powers of the Tribe, by building on the community values of respect, culture and spirituality, that allows for unity, fairness and due process in resolving issues, conflicts and disputes within the Little Traverse Bay Bands of Odawa Indians’ jurisdiction.
The Tribal Judiciary is a separate branch of tribal government established by the tribal constitution. It decides questions concerning the scope and existence of tribal power and gives definition to the substantive law governing the tribe. It is responsible to protect the procedural and individual rights of the Little Traverse Bay Bands of Odawa Indian people and entities subject to tribal jurisdiction.
The judicial power of the Little Traverse Bay Bands of Odawa Indians is vested in a tribal court system composed of a court of general jurisdiction, called Tribal Court, and an appellate court, called Tribal Appellate Court.
The chief judge and associate judge preside over all civil and criminal cases in Tribal Court arising under the tribal constitution, statutes, regulations, or judicial decisions of the Little Traverse Bay Bands of Odawa Indians. Tribal Court’s jurisdiction is based upon the Tribe’s inherent sovereignty, traditional custom, and federal law.
The Tribal Appellate Court consists of a chief justice and two associate justices that hear appeals from Tribal Court. All Tribal Appellate Court decisions are final and cannot be appealed.
Through this structure, the Court’s vision is to secure the full enjoyment of community and personal rights guaranteed by tribal law, federal law, and the tribal constitution through a fair, just and impartial judiciary system.