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TITLE 6 B COURTS

CHAPTER 3 - RULES OF COURT

ARTICLE 2 - APPELLATE PROCEDURE History Administrative Order No 04-03 adopting Tohono O=odham Court Rules of Appellate Procedures Chapter I Judicial Review was ordered on April 28 2003 Administrative Order No 02-11 ldquoIN RE Amendment of Tohono Orsquoodham Rules of Appellate Procedures Rules 2(b) and Rescission of Rule 39rdquo was ordered on June 3 2011 and amends the Tohono Orsquoodham Rules of Appellate Procedures adopted on April 28 2003 pursuant to Administrative Order 04-03 specifically amending Rule 2(b) and rescinding Rule 39 NOTE Pursuant to Article VIII Section 10(d) of the Constitution of the Tohono O=odham Nation and 1106(A) of 6 TOC Chapter 1 the Judicial Court is vested with the power to promulgate rules regulating pleading practice and procedure in all Judicial Court proceedings The Judicial Court rules are therefore subject to enactment amendment or repeal at any time by administrative order issued by the chief judge Practitioners are accordingly cautioned to contact the Judicial Court for copies of current court rules

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Rule 1

Rule 2

Rule 3

Rule 4

Rule 5 RuleS Rule 7

Rule 8 Rule 9 Rule 10

Rule 11

Rule 12

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rOHONO OmiddotODHAMCaURT RUlESOfAPPEA1iAfa 2RQCEDUmiddotRES ~ bull imiddot~ ~~~bullbullbull rmiddot 1

CHAPTER 1-JUDICIAL REVIEW

Scope of rules 1 a administrative orders b applicable rules

Jurisdiction bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull 1 a jurisdiction b compositon of the court c panels judges duties

Authority of appellate court 1 a authority b stipulation c matters which may be reviewed

Detennining tribal law ~bullbullbullbullbullbullbullbullbull 1 a tribal law b determining questions of Jaw other than trfballaw c advisory l1t ~

itamiddot III 2Scope 0f or 1m tlons on reVIew Definitions bull 2 Attomeys counselors and advocates bullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbull 3

a admission to practice in the court of appeals b withdrawal - - shy

Suspension or extension of required time schedules 4 Computation of time 0 bullbull 00 bullbullbullbullbull o 0 bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull 4 Pleadings 4

a informality b typed or handwritten c pi ace of filing d number of copies e service of process

Fees bull bullbullbullbullbull 5 a waiver of fee b civil bond c criminal bond

Notice of appeal a whenlwhere to file b timeliness consolidated appeals c contents d service e notice to court of appeals

f death of party g counsel appointments h jurisdictional challenges i multiple parties

~ 6

middot- (~)

lie 13 Acceptance or denial of appealbecauseof jurisdictionbullbullbullbullbullbullbull_bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull_ 7 Rule 14 Interiocutory appeal bullbullbullbullbullbullbullbull 7

a request for permission to file b timeless

Rule 15 Acceptancelf intertoctJtory appeal bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull_ 7 Rule 16 Certification of ttle record 8

a duty of lower court b duty of appellate chief judge c parties to receive copy of certification

Rule 17 Record for appealsbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullmiddot8 a contents b transcription audio recording

Rule 18 Appeal NItt1 no record ~ 8 a duty of parUes b duty of lower court to develop record c judge unavanabilty

Rule 19 Inadequate record i~~ 9 Rule 20 Stay of judgement or injunction pending sp~I bullbullbullbullbull9

a motion b bond c appellate court motion

ule 21 Release pending appeal of a conviction bullbull9 a procedure b appellate court motion

Rule 22 Reconsideration of decision to dismiss appeal procedure finality bull 10 Rule 23 Writs ofmiddotmandamus and prohibition bullbullbullbullbull 10

s contents of petition b procedure c time limits d denial without action

Rule 24 Writ of habeas corpus bullbull 10 a contents of petition b procedure c time Umits d denial without action

Rule 25 Motions bull 11 a where filed b contents c certification of service d responses e emergencies

Rule 26 Filing and serving briefs 11 a appellant brief b appellee Brief c failure to file

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II

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Rule 27 Appellant Brief bullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~ 12 a content of brief d relief for pro se parties

Rule 28 Pre-healing ~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull~ 13 a conference b order

Rule 29 Oral argument bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull 13 a when allowed b withdrawal of request c order

Rule 30 Oral argument hearing bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull 13 anotice b request for postponement or additional time c telepone conference procedure d failure to appear

Rule 31 Decision ~I 13 a action allowed Y b form of judgement

Rule 32 Entry of judgement bullbullbullbull bullbullbullbullbullbull 14 Rule 33 Interest on money judgement 14 lule 34 Cost of appeal request for costs bullbullbullbullbull 14

Rule 35 Petition for rehearing bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbull 14 a contents of petition b pro~u~

Rule 36 Voluntary dismissal bull~ bullbull 14 s stipulation or motion

Rule 37 Substitumon of personal prepresentative for a party 15 Rule 38 Severablility bull 15 Rule 39 Rules by court of appealsbullbullbullbullbullbull 15

a court of appeals may amend rules Rule 40 Facsimile ~ h bullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull 15

a transmission of documents b responsibility of transmitting party

Appellate Flowchart - CivilCriminal

III

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CHAPTER 11- JUDICtAJ REVIeW OF AriMiNISTRAnON DECISIONS

Rule 1 Definitions bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull16

Rule 2 Scope of artide 16

Rule 3 Power to rrtake procedural rules bullbullbullbull 17

Rule 4 Commencement of action bullbullbullbullbullbullbullbull 17 a method of service b transmission of record

Rule 5 JurisdIction arJd venue bullbullbull ~bullbullbullbullbullbullbullbullbullbullbullbullbullbullbull17

Rule 6 Service of process 18

Rule 7 Appearance of defendants IJ 18 I 1~i~

Rule 8 Parties 18

Rule 9 Pleading and record on review_18 a evidentary hearing b exhibits c Trial De Novo

Rule 1O Scope of review 18

Rule 11 Powers of trial court ~ 19

Rule 12 Costs 20

Rule 13 Appellate review 20

Rule 14 Tohono Qodham Court of Appeals 20

Appellate Flowchart - Administrative

IV

1 )

TOHOKOOODHAM~COURTRULES OFAPPE~rrPROCEDORES middot~) Rule ~ ~ Scope of rules tdbatrules primary nodlminishment of tribal sovetelgnty

Rule 2

Rule 3

(al The followiFlg rules shall govern ~e p~ure for all appec$ from the Judicial Court of the Tationo Oodham Nation hereinafter the -mal court to the court of appeals and all other proceedings before the court of appeals and shall be cited as TohQno Oodham Rules of Appellate Procedures

(b) In proceedings before the Tohono Oodharn Court of Appeals these rules shali supersede any other appellate procedures

Jurisdiction composition afthe court chiefJudge panels Judges duties

(a) The Tohono Oodham Court of Appeals is a court of limited jurisaiction whose Jurisdiction is granted expressly by Tohono Oodham ConstitutionArticie VIII Sections 2 78 and 10

(b) The Tohono Oodham Court of Appeals shall consist of three Appellate Judges selected by the presiding Chief Judge from the currently appointed bench None of whom shall have presided at the trial of the case appealed

(c) The appellate judge panel shall select a presiding appellate judge as soon as possible after appOintment and shaJl decide ea~se by majority vote shy

f Authority of appellate court matters which may be reviewed advisory opinions

(a) The Tohono Oodham Court of Appeals shaJJ hear cases based on the authority granted by bibal constitution legislative authority or resolution

(b) Stipulations by parties as fo jurisdiction shall control (c) The appellate court may review any

(1) Final civil judgment order or commitment ending litigation and requiring nothing more- than execution of the judgment and giving rise to good faith middotclaims of an error of law or procedure affecting the outcome of the case

(2) Criminal matter after a judgment of guilt and sentencing or a-ruling by the Trial Court giving rise to good faith claims that an error of law or procedure occurred which would have affected the outcome of the case_

(3) Trial court action which is not final by filing an interlocutory request for permission to appeal as permitted under rule 14 of these rules

(d) Appeal of a final judgment of acquittal by a jury in criminal cases shall not be heard (e) Administrative Appeals may be taken directly to the Judicial Court of the Tohono

Qodham Nation from determinations by a branch agency district or regulatory body as provided in Chapter II (1) Appeals from decisions of Administrative Agencies of the Tohono Oodham Nation

may be taken only if the rules of procedure for that particular agency provide for an appea1

(2) When an appeal is taken such appeal shall be governed by the rules provided in Chapter II

Determining triballa~ determining questions of law o~er than tribal law

(a) On its own motion or that of a party an appellate panel may certify a question _ mJdbal law or custpm or tradition which may control the outcome of a case

to th~ ~~_~~~_~a_se_~~y ~e stayeduntlfthe questi~~I~ d~cideQ~_~~_~ --

Rule 4

1

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-) -~ - TOHOMO OODHAMCaURrRULESOFAPPEUATe eR~URES r

(b) requestmiddot for a rullagon atri~custom~cuttiJrator traditional- isSue~bepermitted pursuant 8nrto- Rule 14--Underthose- rulesall ~cati01is ofcustom-andmiddottracfltion are to be held befont-amiddot panetof 0~odhamjudges TestiFnonpefore th~appellate panel from the DistriCt of the parties shall contrcitunless two Districts are involved in that event the custom ~nd tradition of the NationshaD control-Once the testimOny is received the appellate court shall issue its opinion according to these rulesbullbull

(c) The appellate court as requested by the trial court may certify a question of law which may control the outcome of a case The appeUate chief judge or chief judges designate shall assign a panel to determine the question If the panel determines that the question is one of tribal customary law or there is controDing tribal precedent the panel shall certify this in writing and advise the lower court that the question cannot be decided by the court of appeals Otherwise the panel shall issue an advisory opinion on the question The panel may request and the lower court shall provide copies of aU or any portion of the trial record to assist it in its determination - shy

(d) AdVisory opinions on certified questions shall be published in accordance with the publication guidelines for an appellate ruling

Rule 5 Scope of or limitations on review

r-f shyThe court of appeals shall limit its review to the record of the lower court proceeding issues raised in written briefs and where required oral arguments presented to the appellate court If there is no record the appeaJ shall proceed pursuant to rule 18 of these rules Hearings de shynovo shall not be allowed before the appellate court

Rule 6 Definitions shy

As used in these rules (a) -Advocate- is any person admitted or allowed to practice in a tribal court who has not

graduated from an American Bar Association-accredited law school and is not a member of any state bar association

(b) Appellate court refers to the Tohono 0odham Court of Appeals (c) Appellate panel or panel ordinarily refers to a group of three selected Judges

designated to hear and decide an appeal (d) Attorney means a person who has graduated from an American Bar Association

accredited law school and is admitted to practice in a tribal state or federal court (e) Counselor - see advocate andlor -attorneY (f) File or filing means to fonnally deposit documents into the custody of a court (g) Filing by mail- means formally depositing documents into the custody of a court using

an independent service or carrier such as the US Postal Service or a recognized private service

(h) Final judgment or decision means a judgment or decision which affects a substantial right leaving nothing open to dispute and which ends the action between the parties in the trial court

(i) Hearing de novo means a new hearing for the second time in which a court hears the same matter as a trial court or a court of original and not appellate jurisdiction

2

~l

Rule 7

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TOHONQOJODHAMCOURTSROtESOF APPELLATE PROCEDURES

a) lowercoart refers to the Tohono~0odharn Court from which arrappeaLarises (k) Motion means anymiddot reqtJest ioran order from the court other than the complaint

petition or answer (lgt Party is any person or entity filing a legal action in a court taking part in any matter~

action or proceeding~ or against whom a legal action is brought or added by the court (m) middotPleadingw- m~ans the formal written statements of a party to a lawsuit about the partys

claims or defenses the purpose being to provide notice of what is expected at triaJ Ordinanly pleadings consist of a complaint or petition answer reply to the answer if it contains new claims third party complaint and answers to the thirdmiddot party complaint In the case of an appeal pleadings ordinarily consist of the notice of appeal a brief and the response

(n) -Pro se means that a person or party to an appeal is without the assistance of an attomey counselor or advocate bull

(0) Proof or certification of service is written documentation that a document has been served ordelivered to a person who is a party or a witness and which ordinarily indudes the date and time of service name of the person served and name and signature of the person who made service

Attorneys counselors and advocate admission to practice In the court of appeals ethics code conflict of interest suspension or disbarment withdrawing from representing a client

(a) An attorney counselor or advocate shall file a notice of appearance in the event his appearance is not embodied in the Notice of Appeal

(b) An attomey counselor or advocate shall be allowed to practice before the court of appeals as long as that person is in good standing with the Tohono Oodham Justice CourtoraJnemberJn go(td_siandiIJ9 9ttlELTQ~on_o Oodham Bar Association

(c) Attorneys counselors and advocates shall be bou-nd by- RliJe 42~Aiizona Rules of Professional Conduct Rules of the Supreme Court of Arizona as adopted by Administration Rule III unless the Tohono Oodham Court of Appeals or Tohooo Oodham Bar Association develops a code of ethics in which case it shan supersede Rule 42 Persons admitted to practice in other jurisdictions are bound also by middotthe ethical codes of those jurisdictions while p~acticing in the appellate court

(d) A person who has served as a law clerk or employee of the lower court from which an appeal has been taken shall not appear as counselor provide professional consultation or assistance in an appeal of any case that arose or was decided during that persons employment

(e) An attomey counselor or advocate disbarred or suspended from practice by a State or Triba) Bar Association or tribal court shall not be allowed to practice before the court of appeals during the disbannent or suspension and shaH provide proof of reinstatement to the practice before being allowed to practice before the court of appeals

(f) Should the Tohono Oodham Tribal Court or Bar Association suspend or disbar an attQmey counselor or advocate that Court or Bar Association shall forward notice of such disbarment or suspension to the court of appeals and the relevant statebar

(g) An attomey counselor or advocate shall not withdraw from representing a party after filing a notice of appeal on behalf of the party after filing a notice of appearance on behalf of a party to an appeal or after filing a pleading on behalf of a party in an appeal tunless----- -_ - ----- -=-- _ - _- - _ ~ -- _ - - - - -=- shy

3

) )

TOHONO-OODAAM COURTS-RDtES OF APPELLATE PROCEDURES

(1) awritten motionmiddot detaBing the reasons for withdrawal with the parties concurrence is filed If the party objectS to the withdrawal a hearing shall be set within 10 days and

(2) The appellate panel or the chief judge of the appellate court enters an order allowing the withdrawal

(3) A wiU1drawal shaD not be allowed if the motion is filed after a briefing schedule has beeIi issued or within 30 days of the date of oral argument unless there is good cause and subject to the discretion of the court

Rule 8 Suspension or extension of required time schedules

(a) In matters of immediate concem likely to seriously impact communities or litigants and upon the ~en request of either party for good cause shown the court of appeals may suspend or extend schedules to expedite the detennination of a case

(b) This rule-shall not be construed to allow the court of appeals the authority to extend the time period for filing an appeal or request for review set by tribaJ law EXcept the time of filing a notice of Appeal as set forth in Rule 12 shall be extended and completed from the entry of an order following the filing of a motion in accordance with Rules 5Q(b) 52(b) 59(c) of the Rules of CiVil P~ure OF Rules 2410r 242 of the Rules of Criminal Procedures

Rule 9 Computation of time

(a) The computation of any time period of 11 days or less shall be by the working days The computation of any time period over 11 days shall be by calendar days provided that if the last day of any period falls on a weekend holiday or other non-working day of the tribal court

(b) If service is made by standard mail service provided by the United- States Postal Service five additional days shall be added into the computation of timeI

Rule 10 Pleadings informality handwritten place of filing copies service of process notice of service flnng appellate court

(a) An appeal shall not be dismissed for informality ofform or title so long as it complies with Rule 12 (d) of these rules

(b) Pleadings shan be typewritten or legibly handwritten in black or blue ink and filed with the lower court which shall transmit the original pleadings and the required number of copies of documents to the appellate court The lower court shall retain a copy of the original pleadings

(c) Parties shall file an original plus 3 copies (d) Unless otherwise ordered by the appellate court I copy of each pleading filed in either

the lower or appel1ate courtshall be served on every party in the matter required by ~e lower court and certification of such service shall be filed with the appellate court

(e) Filing may be done by mail addressed to the clerk of the (ower court but shalf not be timely unless date marked by the US Postal Service or an independent carrier within the time fixed for filing A date from a postage meter shall not serve as a substitute for a ~ae~~~ from the US Postal Service or an independent carn~r_

__ umiddotmiddot __

4

1bullbullbullbullbullbullbull ~)-t

TOHONO OODHAM COURT RULES OF APPELlATE PROCEDURES

Fees required payment

(a) AJIafiling f~ shall be paid to and in accordancewith tribal court requirements -If the shyperson flJlng the appeal or writ is unable to pay the fee a motion to waive the fee may be filed with the tribal court for its determination

(b) Bond for costs on Appeal- Civil 1 Arriount Form middotNotice of Filing Service Unless an appelJant or cross-appellant

is exempted as hereinafter provided or has filed a supersedeas bond or other undertaking which includes security for the payment of costi on appeal a bond for costs on appeal shall be filed in the tribal court within ten days from the matling of the notice of entry of judgment by the trial court or middotthe denial of the request to waive of fees As used in this rule -bond for costs on appear includes cash or surety bond The bond shall be in a sum or value as approved by the court A bond for costs on appeal shall have sufficient surety and it shall be-conditioned in a manner provided by law Notice of filing the bond shall be served by the appellant on an other parties The security required shall not be greater in value then the amount of the judgmeot or fine imposed plus costs

2 Objections Not later than ten days after the service of the bond any other p~rty may flle objections to the bond ~ecifying the particulars in which it is claimed that the bond is erroneous def~er or insufficient or that the surety is insufficient All errors defects or insuffldencies in a bond for costs on appeal not specified in the motion are waived The trial court shall hold a hearing on the objections within ten days thereafter If the court sustains the objections in whole or in part the appellant shall file within ten days thereafter a new bond which complies in all respects with the courts order

3 Affidavit in Lieu of Bond If a party is unable tq file a bond for costs on appeal he shall file with the notice of appeal an affidavit stating that he is unable to give bond for costs on appeal and the reasons therefore Within ten days after the filing of the affidavit any other party may file objections to the affidavit The trial court shall liold a hearing on the affidavit and objections within ten days thereafter It shaJi then endorse its approval or disapproval on the affidavit If the court sustains the objections the appellant shall file within ten days thereafter a bond for costs on appeal as required by Rule 11 (b) 1 of these rules or such lesser amount as ordered by the COlirt

Exemptions No bond shall be required for an appeal taken by the tribe or a tribal board commission or district by a school di$trict or by an officer of any of the foregoing acting in his official capacity

5 Bond or Affidavit as Not Suspending Judgment A cost bond or affidavit provided for by this rule shall not suspend the jUdgment but execution may is~ue thereon as if no appeal had been taken unless a stay is granted

6 Waiver of Bond for Cost on Appeal The parties may by stipulation filed with the clerk of the appeals court waive giving a bond for cost on appeal

7 Judgment Against Surety By entering into a bond given pursuant to this rule the surety submits himself to the jurisdiction of the trial court and irrevocably appoints the court as his agent upon whom any papers affecting his liability on the bond may be served His liability may be enforced on- motion without the necessity of an independent action The motion and such notice of the motion as the-triai- coo rt-prescribes -may -be serveEi oA--thecourtf middotwfio-shallforthwith mail

------_ copies to the surety if his-addressis known - ---- shy5

l

)

TOHONO OOOHAM COURT RULES OF APPElLATE PROCEDURES

(c) Bond on Appeal - Criminal At the time of sentencing the trial court may fix themiddotmiddotamount of bond to be posted in

event an appeal i~middottakenmiddotmiddotlf no bond-is speltified the appeaL-may be taken on the defendants own recognizance Execution of the sentence shall be stayed pending appeal when the defe~dant posts an appeal bond in accordance with the order of the trial courtor when no bond is fixed and the appeal is taken on the defendanfs own recognizance If the trial court does not allow the appeal to be taken while the defendant is on his own recognizance the defendant may petition the trial court at any time after the order is entered setting a b9nd to stay the execution OT sentence arid to allow the defendant to be released upon his own recognizance or to require a lower bond In all other cases the appeal may betaken but the execution of sentence shall not be stayed until bond is posted Any defeadant in custody during the appeal shall receive the same benefits and credits in the computation of the sentence as if no appeal h~d been taken

Rule 12 Notice of appeal where to file timeliness consolidated appeals contents parties service notice to court of appeals death of party counsel appointment jurisdictional challenges parties joingg

II i

(a) An appeal shall be taken by flling a notice of appeal with the lower court within thirty (30) days of entry of judgment by that same court

(b) If the notice of appeal is filed by mistake with the court of appeals the appellate clerk shall transmit the notice to the lower court where it shall be deemed filed on the date

and time indicated by the appellate clerk (c) Failure to file a timely notice of appeal is jurisdictional and the appellate court shall

dismiss the appeal if the notice is filed after the date set by law If two or more persons are entitled to appeal from a judgment and consolidating their appeals is practicaple they may file a joint appeal or join in an appeal after filing separate timely notices of appeal and proceed as one appeal Appeals may be consoridated by order of the court

of appeals upon its own motion motion of either party or stipulation of the parties to severaJ appeals

(d) The notice of appeal shall at a minimum include (1) The names addresses and telephone numbers of the parties taking the appeal and their counsel unless the lower court detennines that including the address or telephone number of any person or party would place that person in physical jeopardy (2) A concise statement of the adverse ruling alleged errors or reasons for reversal made by the lower court and (3) The natu re of the relief being sought

(e) All parties to the proceeding in the lower court from which the appeal is taken shall be deemed parties

(f) The appellant shall serve a copy of the notice of appeal on all parties within 15 days of the filing of the notice The appellant on the last page of the Notice shall include a certification of service

(9) The lower court clerk shall transmit within 48hrs of receiving the notice a copy of the

notice of appeal and any docket entries including the date and names of persons receiying_nonce of thsL~Rp-e~~ tcLtb~EQP-~Hat~ ~e~jlfter no~ing on each copy th~ date and time the notice of appeal was filed unless the -lOwercQufr-eXte-nds tne-ttnre-by

__-order~~-Thedeath of a party or counser shall notaffect~themiddotmiddotvalidjty-of the appeal unless

6

II

i

TOHONO OODHAM COURT RULES OFAPPELLATE PROCEDURES

the appeal is from a criminal conviction and the defendant dies in that event the appellate court shall disrniss theappeal

(h) Appellate courts may not be required to appoint or provide counsel for Criminal defendantsappellants

(i) Any appeJlee may file a written statement challenging the jurisdiction of the court of appeals with the deck of the lower court within 15 days after receiving notice of appeal

0) In multiple party litigation if an appellee supports the position of the appellant that appellee may join the appellants position by filing an appropriate document within 15 days of receipt of the Notice of Appeal

Rule 13 Acceptance or denial of appeal because of jurisdiction

(a) Upon a preliminary finding of jurisdiction and within 30 days of the filing of any statement as provided by rule 12 (i) of these rules the court shall issue a written order accepting the appeal

(b) If the appellate court finds it is without jurisdiction a Written order denying the appeal shall be issued within 30 days

I~middotmiddot

Rule 14 Interlocutory appeal request for permission to file timeliness

(a) A request for permission to appeal an action or an order of the lower court which is not a final judgment shall be made by filing a request with the respective lower court within 15 days of the judge signing the Record Entry (minute entry) giving rise to the appeal A copy of the request shall be served within 48 hou rs on all adverse parties

(b) The requirements set forth in rule 12 of these rules shall apply to the filing of a pennissive appeal

(e) Within 15 days of service of the request for permission to file an interlocutory appeal any adverse party may file with the lower court clerk a written response either agreeing with the request or stating the reasons why permissionmiddot for an interlocutory appeal should not be granted

(d) The lower court shall issue its order granting or denying the request within 20 days after the request is filed

Rule 15 A~ceptancemiddotof interlocutory appeal procedure timeliness

(a) The chief judge or his designate shall review the lower court order granting an interlocutory appeal and the case record to determine that it complies with tribal law or in lieu thereof with these rules Such appeal shall be granted only if the lower court has committed an obvious error which would render further lower court proceedings useless or substantially limit the freedom of a party to act and a substantial question of law is presented which would detennine the outcome of the appeal

(b) An interlocutory appeal shall be heard by the court of appeals as required by these rules

(c) Rule 8 on suspension of tjme schedules may apply_

7

~ule 16

(a)

~)

(c)

(d) (e)

~ule 17

(a)

(b)

(c)

Rule 18

(a)

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TOHONO OODHAM COURT RULES OF APPELLATE PROCEDURES

Certification of the record duty of lower court duty of appellate chief judge parti~s to receive copy of cer1ifjcation

The accuracy of the record on appeal shall be certified by the lower court judge who presided ~ver the case from which the appeal is taken The lower court derk shall hand deliver the complete record and all duly numbered copies of original dOQJments to the appellate court derk within 30 days of the filing of notice of appeal If the lower court is unable to comply with the time iimit it shall request an extension of time from the appeUate court stating the reasons for the request The chief judge of the court of appeals or a designate shall certify that the record of each case referred for Appeal or advisory opinion includes (1) documentation that the appeal was flied on a definite date and time according to

applicable rules and (2) documentation that other parties were given notice of the appeal if written notice

has not been given within 15 days after the notice of appeal is received by the court of appeals the clerk of the court of appeals shall sand notice to the other parties by certified mail return receipt requested shy

The lower court dark shall mail a copy Oftthe gertification of the record to the parties If the lower court judge who presided civer the case is no longer available the chief judge of the lower court may certify the record if all parties agree that the record and the statement of evidenCe and proceedings are correct

Record for appeal contents transcription of audio recordings

The record for appeal shall include the original pleading motions orders opinions and final judgment a$ well as exhibJts filed with the lower court a written transcript or a duplicate of the audio recordings and docket entries In the absence of ari audio recording a certified statement of the evidence and proceedings may be filed as provided by Rule 18 of these rules Within 15 days of the filing of the notice of appeal where applicable the appellant shall file a written request for a full transcript or certified audio recording of the proceedings and pay by certified check or money order the estimated cost of preparation of the record with the clerk of the lower court unless the cost is waived by the lower court upon ashowing of good cause A party other than the appellant may request a written transcript or certified audio recording if the appellant does not so request and shall so request within 30 days after the filing of the notice of appeal The party making such a request shall pay the cost of preparing the transcript or recording unless waived by the lower court upon a showing of good cause

Appeal with no record duty of parties and lower court to develop record

If no audio recording or transcript of the proceedings is available the appellant shalf prepare a statement of the evidence and proceedings within 30 days of the filing of the notice of appeal The appellant shall serve the statement upon the-appellee and file the statement and certification of service with the lower court The appellee has 15 days

--ftom- tecelpt-of-tht-statement10 iile-objedions-and-JamendmentSmiddot-Themiddotmiddot appeJlant--shalf _ have 10 days from receipt oftheobjections and amendments to file a repJy_ Thelower--shy

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TOHONO OOOHAM COURT RULES OF APPELLATe PROCEDURES

court judge who presided over the case shall review the statement objections and amendments reply order corrections and certify the corrected statement to the Court of appeals ~in 15 days of receipt ofthe appellanfs reply or appellees response if no reply

(b) If the issues an appeal are mutually agreed upon the parties may file a statement of the evidence and proceedings with the lower court derk middotThe lower court judge who presided over the case on appeal shall review the statement for accuracy order corrections and certify to the court of appeals the corrected statement within 15 days of receipt -

(e) (f the lower court judge who presided over the case is no longer avaDable the chief judge may certify the record if aJi parties agree that the record and the statemem of evidence and proceedings are correct If the parties cannot agree the case shall be remanded for a hearing de novo

Rule 19 Inadequate record

If an appellate panel determines that the record on appeal is inadequate the case may be remanded for a hearing de novo or any other procedure consistent with the lower courts rules or with rule 18 of these rules n~t~

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Rule 20 Stay of judgment or injunction pending appeal motion appellate court motion

(a) A motion for a stay of judgment or injunction pending appeal be filed with the clerk of the lower court at the time of filing the motion for appeal pursuant to Rule 12 (a) and shall include (1) name address and telephone number of the party requesting the motion (2) the reasons for tOe motion (3) affidavits or swom statements supporting the motion (4) relevant parts of the record and (5) Certification of service of the motion on allmiddotparties

(b) The lower court judge shall issue an order granting or denying the motion within 15 days of the motion being filed should a stay be granted the lower court may at its discretion request a bond

(c) A copy of the motion and of the order shall be transmitted to the appellate court within 24 hours after being filed

(d) The appellate panel may move the lower court for a stay of judgment if the lower court has failed to issue a stay and the panel determines it would be justified under the facts of the case

Rule 21 Release pendIng appeal of a conviction procedure appellate court motion

(a) Application for release after a judgment of conviction and pending appeal shall be made to the lower court The application for release shall be heard after reasonable notice to the appellee Notice shall inclUde copies of the motion affidavits documents and relevant portions of the record unless appeUee previously has been provided such affidavits documents and relevant portions of the record A petitioR for -habeas corpusmiddot may be filed pursuant to Rule 24 of these rules

(br - Tneowet court may cansiderihe-ioJlowing-when-reviewiflQ themiddot application for -release __-(1)_WhetberJhe defendant will flee theresecvatioll__ _- - shy

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(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)

TOHONO OODHAM COURT RULES OFAP~elLATE PROCEDURES

(2) Whether the defendantposes a threat to the community or anmiddot individual and (3) Whether a bond shall continue or be imposed if an appeal is taken prior to

sentencing The appellate panel on motion of petitioner may move the lower court for release of the petitioner if the panel determines H would be justified under the facts of the case

Reconsideration of decision to dismiss appeal procedure finality

Within 15 days of service of the order dismissing an appeal except When the request to dismiss is at the request of appellant a party may file with the appeJiate court a Written request to reconsider its decision to dismiss the appeal The decision of the appellate panel on reconsideration is final

WrHs of mandamus and prohibition contents of petition procedure time limits denial without action

A party may file with the trial court a petition for a writ of mandamus or prohibition directed at the presiding judge(s) of the lower court which shall be forwarded to the court of appeals within 24 hours after filJfJS The petition shall include shy(1) the names or titles addresses ana telephone numbers of the persons against

whom relief is sought unless the loWer co~rt determines that including the address or telephone number of any person WOUld place that person in physical jeopardy

(2) a statement of the facts necessary to understand the issues presented (3) a statement of the js~ues and the relief sought (4) A statement of the reasons why the writ should issue and a copy of any order

opinion final judgment or parts of the record essential to understanding the petition

The trial court clerk shall serve the person against whom the writ is sought within 72 hours after filing Within seven days after th~ petition is filed the appellate chief judge or a designate shall determine whether the petition shall be granted If the petition is granted the appellee shall be ordered to answer the petition and appear for hearing The appellate clerk shall advise the appellee of the dates on which briefs are to be filed and where determined appropriate by the appellate panel to appear to show cause why the writ should not issue The denial of a petition for a writ is not a final decision on the merits of a case If the petition is not acted upon within thirty days after it is filed it shall be considered denied

Writ of habeas corpus contents of petition procedure time limits denial without action

A party may file with the lower court a petition for a writ of habeas corpus which shan be forwarded to the court of appeals within 24 hours after filing for the purpose of determining if the current incarceration or commitment or future custody of the petitioner is in violation of law provided that the petitioner has exhausted trial procedures The petition shall state (~ )--the-name-andJacaiioooflhe petitioner_ _ _

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(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)

-) TOHONO OmiddotODHAM COURT RULES OF APPELLATE PROCEDURES

(2) The name title position and address of the person having or who will have custody of the petitioner

(3) Whether the petitio~er is in custodYpursuantto a judgment of the trial court as well as the name of the deciding judge and court

(4) the date of the judgment or conviction and the length of confinement (5) the nature of the case or offenses involved and the plea entered (6) All grounds on which the petitioner asserts heshe is being held unlawfully and a

summary of the facts supporting each ground and (7) The relief the petitioner is seeking The petition shall be presented to and reviewed by the appellate chief judge or a designate If a petition does not substantially comply with the requiremen~ of this rule it shall be returned to the petitioner with a statement of the reasons for its return If the petition and exhibits are in order the appellate chief judge or a designate shall ord~r a copy of the petition and order be served by certified mail on the appellee and the appellees representative The appellees answer shall be filed within the time provided by the appellate courts order and shall respond to each allegation in the petition The appellate chief judge or a designate shall review the petition answer transcript andrecord and determine whether ~uate relief can be ordered or whether an evidentiary hearing is required If an ev1~entiary hearing is required it shall be held within 30 days of filing of the writ and a decision issued unless the appellate chief judge or a deSignate detennines otherwise If an evidentiary hearing is not required the judge shall dispose of th~ Qetition as justice requires If the petition is not acted upon within thirty days after it is filed it shall be considered

denied

Motions where filed contents proof certification of service responses emergencies

y

A party may file a motion not otherwise specified in these tules with the derk of tryemiddot lower court All motions shall include (1) a statement of the relief sought a statement of the grounds for the relief sought

and (2) arguments and affidavits or other documents in support of the motion The party requesting relief shall file with the lower court clerk certification of service of the motion on all parties to the appeal and the derk shall forWard copies as required by Rule 10 Within 15 days after being served any party may file with the clerk of the lower court a response to the motion and also shall file certification of service of the response on all parties to the appeal and the clerk shall forward copies a required by Rule 10 The chief judge of the appellate panel maYdetennine that a motion requires emergency action and issue a temporary order setting forth specific findings until the response is received and the panel can make a finaJ detennination

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Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

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Filing and serving briefs schedule failure to file

Unless the appellate panel orders otherwise within 30 days after being served notice indicating that the court of appeals has accepted the appeal the appellant shall file with the clerk of the appellate court a written brief or statement of law in support of the appeal Unless the appellate panel orders otherwise the appeilee shall file an answer brief within thirty days of service of appellants brief and lndude written certification of such service No additional fee for the filing of appeJlees brief shan be charged Unless the appellate panel orders otherwise the appellant may file a reply brief within fifteen days after being served a copy of the answer brief and indude written certification of service on the other parties No other briefs shall be filed The party submitting a brief shall file certification of service of the brief upon counselor in the absen~ of counsel upon the parties to the appeal Service may be made perSonally or by certified maR or its equivalent The original and required number of copies of the brief shall be filed with the clerk of the lower court If the appellant fails to file a brief within the time provided by this rule or as extended the appellee may file a motion for dismi~1 of the appeal with the clerk of the appellate court within 24 hours If an appellee fails to file a brief the appellee may not be heard at oral argument except by permission of thecourt

Form and content cf briefs pro S8 parties

Pleading or briefs by pro se parties may be hand-written prtvided that they are printeq clearly in black or blue ink A party may request relief from complying with subsections (b) 2 9 and 10 of this rule The request for relief may be included in the partys brief or statement Briefs shall include the following _

(1) a cover page stating the name of the court the numbers assigned to the case by lower and appellate courts the name and address of the party filing the brief and the names and addresses of all other parties and of counsel where appropriate

(2) table of contents with page references a table of cases alphabetically arranged t authorities relied upon including titles and page numbers and the location in the brief by page and paragraph number where they are referenced

(3) a- brief--statement-o-the-case-not to exceed one page which indicates the nature f the case the course of the proceedings and disposition in the court below

(4) a statement of the facts relevant to the issues presented for review with appropriate references to the record

(5) an argument in support of the issues presented for review with citations to cases authorities and the record addressing all i~sues raised in appellants notice of appeal those issues not covered shall be considered as abandoned

(6) A short conclusion precisely stating the relief sought not to exceed one page (7) Pages measuring 812 x 11 It double spaced and consecutively numbered (8) parties referred to as appellant and appellee (9) copies of pertinent laws rules or regulations being reviewed attached as

addenda and

- ----_ -___ shy12

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TOHONO OOOHAM COURTS RULES OFAPPELLATE PROCEDURES

(10) except by permission of the arurt of appeals principal briefs are not to exceed twenty pages and reply briefs are not to exceed twelve pages exdusive of the table of 9Qntents the table of citatiqns and attachments

Rule 28 Pre-hearing conference and order (a) The appellate panel may direct the parties and their counsel to appear before the court

or participate in a telephone conference caD for a pre-hearing conference t9 consider settlement simplify issues or consider any other matters which may expedite the proceedings shy

(b) The appellate panel shall issue an order which recites the action taken at the conference and the agreements made by the parties When entered the order will control aU subsequent proceedings unless modified by the appellate court to prevent injustice

Rule 29 Request- Oral argument when allowed withdrawal of request order (a) Oral argument is not allowed except as set out in this rule Any party may request oral

argument in writing within 30 days after appellants brief is flied (b) Oral argument shall not be anowed unless the appellate panel finds that it wi1l assist the

panel in making its determination I~ ~ shy(c) The requesting party may withdraw themiddotrequest for oral argument and shalL do so in

writing no later than five working days before the date of the scheduled hearing (d) The appellate paneJ shall issue its order denying oral argument

~ule 30 Oral argument hearing notice request for postponement or additional time telephone conference procedure failure to appear

(a) The appel~ate court clerk shan serve copies of an order denying or allowing oral argument on aJJ parties as required by RuJe 10 of these rules within 24 hours after receiving it

(6) A request for postponement of the oral argument or for additional time shall be made by motion filed with the appellate clerk at least 15 days in advance of the date set for hearing Such requests shall not be granted unless the reasons supporting the request are compelling

(c) Oral argument may be ordered by telephone conference if the panel determines it is appropriate

(d) The chief judge of the appelJate panel shall determine the time anowed for oral argument

(e) At the hearing the parties to the appeal may present any arguments raised in the briefs The appellant shall begin the argument and may request a portion of the allocated time be reserved for rebuttal

(f) If appellant fails to appear or if neither party appe~rs the appeal may be dismissed

Rule 31 Decision content and form of judgment

(a) The appellate panel may dismiss the appeal affirm or modify the decision being shy reviewed reverse the decision in whole or in part order a new trial or take any other

action as the merits of the case and the interest of justice may require (b) Tneaecfsion-orthealjjleU-ate-middotpanel shan- be-issued-in-writing~T-heappellate -clerk shaIL_

_ - send-the originat of-the -opinion and judgment to the-lower-court byhmiddotanddeliver or 13

I

middot~ j - )

TOHONO OODHAM COURT RULES OF APPlALs APPELLATE RULES

certified mail The lower court derk shall serve all parties with a copy of the opinion and judgment and file an affidavit of service with the appellate derk

(c) The appellate panel ~hall issue its opinion withill 4 months of the ora) argument

Rule 32 Entry of judgment

The appellate clerk shall prepare and file the judgment following receipt of the opinion of the appellate court Filing the judgment with the appellate court constitutes entry of the judgment

Rule 33 Interest on money judgments

(a) If a judgment for money in a eMl case is affirmed by the appellate panel or the case is dismissed interest allowed by applicable law shall be computed from the date the judgment was entered by the lower court

(b) If a judgment is modified or reversed by the appellate pane with directions that a judgment for money be entered the appellate panel may determine and award interest under applicable law at its discretion

Rule 34 Costs of appeal request for costs j~~bull III

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(a) The costs for appeal include preparing the transcript copying the record serving notice

the premium paid for an appeal bond and the fee paid for filing the appeal (b) _NoJater than 15 days after appeal judgment is filed the prevailing party may file with

the appellate clerk a request for costs which shall be served upon all parties (c) The appellate court may determine and award other and all costs at its discretion

Rule 35 Petition for rehearing contents of petition procedure

(a) Within 15 days of receipt of the entry of the appellate judgment a petition for rehe~ring except as provided by these rules may be filed with the appellate court clerk The petition for rehearing shall state (1) The points of-law or fact the petitioner believes the court of appeals overlooked or

misunderstood and (2) Arguments in support of each point

(b) No oral argument on the petition for rehearing shall be allowed unless the chief judge of the appellate panel determines that oral argument could assist in the detennination of the appellate panel

(c) If a petition for rehearing is granted the appellate panel shan make a final disposition of the case as it considers appropriate

Rule 36 Voluntary dismissal stfpulation motion

(a) The court of appeals may issue an order dismissing the appeal on the motion of the appellant and upon such terms as may be agreed upon by the parties or fixed by the court

(b) The court of appeals may issue an order dismissing the appeal -upon the filing of a __ _siiQJLation jQr di~mis_sal w_hich ~ecifies the terms as to payment Qf costs an~ fees due

and is signed by all parties -- --- - -- _ --- _-_-- -_ ---------- --- shy-_____

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TOHONO OODHAM COURT OF APPEAlS APPELLATE RULES -~

bullRule 37 Substitution of personal representative for a party

The personal representative of a ~rtywho dies during the proceedings may be substituted for the party upon motion

Rule 38 Severabll~

If any part of these rules or their application to any person or circumstance is held invalid the remainder of the rules or their application to other persons or circumstances shall not be affected

Rule 39 Rules by court of appeals

(a) In ali matters or cases not provided for by these rules the appellate court may regulate its practice in a manner consistent with these rules

(b) The standing three lucige paneJ of the Court of Appeals may amend these rulesc

wh~hever it determines it is proper to do so

Rule 40 Facsimile transmission of document$j responsibility of transmitting party hard copy required

(a) The lower court may transmit documents by facsimHe to the court of appeals provided that the documents have been filed first with the lower court It is the obligation of the sending party to canfinn that the documents were property sent and received

(b) The court of appeals may transmit documents by facsimile and such documents shall have the full force and effect of the original documents on the date of transmission

(c) Hard copies of documents shall be sent to the proper court following transmission by facsimile

---____ shy

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InIIdaaatIyAppeal shy(Ru1114)

) ----

La-Court

File notice RIa NoIIce of AppealiIhII15 days

ofooJerof Lower Court (Rule 14 (a) )

Lower Court shaldenylaquo grant request (Rule 14 (d) )

Motianla reconsider Dismissal (Rule 22)

Judgment

Appeals Court shall order acceptance or

rajedion of jurisdictiln tRuIe 131

Lower Court shaH transfer the entire reavd within 30

daysofftlingnolfce of appeal

(RIde of 16 (b) )

Nob to aI paries wiIhin 15 days (Rule 12 (g) )

Reqc-t hnacript cr reconIng wItin 15days

(Rule i7)

shyand Slay of Judgment

with Lower Court (RIde 12(3) - Rute

20)

Lower Court has 15 days to certify

Ifno record (Rule 18)

ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell

Within 30 days of ftUng Notice of

Appeal and acceptance Appeal shaI fie brief and ifmiddot

desired arequest of oraI~t

(Rule 26 (a) )

AppeaIee shall file response within 30

-days (Rute 26 (b) )

Appellate may file reply wilhin 15 days

(Rule 26 (c))

Pre Hearing (Rule 28)

Oral Argument If motion is granted

I

Requestfor CostS -__ Petition forRehearing (Rule 34) (Rule 35)

(Rufe 29)

Decision (Rule 31)

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In the JudiciafCQurt oftlie ToJionoOodhan1iNatiOll

Cotmtr ofPima-In the SteteofArizoria

INRE ) )

Ordar EstabJisbinRnlaof )

) ADMlNfS1RATlVB middotQRDER ~Jlate Procedure ~

) ) ) )

~ since adoptlonoftheTeoaamppodlDam Constit1tio~jaM~~ 1986

the Judicial Braaeh oftb= N-ion bas operatedthe-tohono Qodham Justice Center and

provided to the mcmbcrsoftheTohouoOodham Nation and other ~li~le parties a

forum for civil disputes and prosec1ltiOll ofpartilsfOr criminalactiltm However in tho

past on matteISin which one or more ofthe pllti~ ~dwiththc courts ruling

because no format appen~~~~had been establilhed~fbbreviated rules were middot

tempot8rily promulgated at variousmiddot times to allow aparty to appeal the court t s decisions

and

WHEREAS because noformaJappenate procedure has been dev~lQPed or

adopted but withthe court continuing its ctpoundfottito prO-Yide the Nationmiddots membess and

other eligibl(t partiesmiddotwith consiacncyaecessto the Judicial system and justice the court

has determined in order to protect thrights ampfthe putiespd foster ConfidenCf in the

system the development andadoptianoflllappellatft pr~ ismandatoty and

WREltES on Manh 13 2002 by Administrative Order 01-02 ChiefJudge

~ralco1m Escalante beeause there was au jmmedi~ need to address various decisions

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made by Tohono(J~odhamAdmjnisttatie~Dtdeted Chapter IIJudicial

Review ofAdmmistrativeDecisiOns effective and applicableto admjnistnltive appeals

but the court did not adopt an appeJlato ~ for jDdicial decisiOns

TBEREPORE ~ is oniercd thcattacbed entitled Chapter I1udicia1 RevieW

Tohono Ooc1ham CO~Rules ofAppellate ~ shaD be adopted and crampred

effective Monday the 28th ofAprl12003 The mlesshaU apply to all fatureand ~g

cases civil and criminal currently on appeal before the Tohono OOdham Justice Court

and will rcrnain in effect until flrthcrmiddotordcr of the Court In addition the new Appellate

Procedure hereby supeucedes and the Court rescinds my conflicting procedures or

policies previously proposed or now in effect 111 ampb I

Dated this p(O--day ofApril 2003bull

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In the Judicial Court of the Tohono Oodham Nation 2 In the State ofArizona 3

4 IN RE Amendment ofTohono Oodham ) ADMINISTRATIVE ORDER )

Rules ofAppellate Procedures Rule 2(b) ) No 02-11 )

6 and Rescission of Rule 39 ) )

7

8 This Administrative Order amends the Tohono Oodham Rules of Appellate

9 Procedures adopted on April 28 2003 pursuant to Administrative Order 04-03

specifically amending Rule 2(b) and rescinding Rule 39 and is effective immediately

II 1 Amendment of Rule l(b) Rule 2(b) is amended to read as follows

12 The Tohono Oodham Court of Appeals shall consist of three Appellate Judges

13 selected by the presiding Chief Judge from the currently appointed bench none ofwhom

14 shall hve presided at the trial of the case appealed Within five (5) business days of the

filing ofthe notice of appeal the Chief Judge shall

16 (1) Make the appointment of the appellate panel if a sufficient number of judges

17 eligible to hear the appeal are available and send a copy of the appointment order to

18 the parties or

19 (2) If a sufficient number ofjudges eligible to hear the appeal is not available

(A) Issue a notice to the parties that a panel could not be selected due to an

21 insufficient number ofjudges and that a panel will be appointed when a sufficient

22 number ofjudges eligible to hear the appeal become available

23 B) Forward a copy of the notice to the Tohono Oodham Judiciary Committee

24 and

(C) Review the status of cases pending appointment of an appellate panel every

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30 days and continue to issue a notice regarding the lack ofeligible judges to hear

2 the appeal to the parties with a copy to the Tohono Oodham Judiciary

3 Committee until such time that an appellate panel is appointed

4 2 Rescission of Rule 39 Upon review ofRule 39 of the Rules of Appellate Procedures

and ~xamination of the Tohono Oodham Constitution Rule 39 is rescinded for lack 0

6 compliance with Article VIII Section 8 of the Constitution which does not establish a

7 standing appellate court Rule 39 shall read (rescinded) with no renumbering ofRule 40

8

9 Dated and entered this 3rd day of June 2011

11 Teresa Donahue

12 Chief Judge

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Legislative HistoryTitle 6 Chapter 3 Article 2061511pdf

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Rule 1

Rule 2

Rule 3

Rule 4

Rule 5 RuleS Rule 7

Rule 8 Rule 9 Rule 10

Rule 11

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rOHONO OmiddotODHAMCaURT RUlESOfAPPEA1iAfa 2RQCEDUmiddotRES ~ bull imiddot~ ~~~bullbullbull rmiddot 1

CHAPTER 1-JUDICIAL REVIEW

Scope of rules 1 a administrative orders b applicable rules

Jurisdiction bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull 1 a jurisdiction b compositon of the court c panels judges duties

Authority of appellate court 1 a authority b stipulation c matters which may be reviewed

Detennining tribal law ~bullbullbullbullbullbullbullbullbull 1 a tribal law b determining questions of Jaw other than trfballaw c advisory l1t ~

itamiddot III 2Scope 0f or 1m tlons on reVIew Definitions bull 2 Attomeys counselors and advocates bullbullbullbullbullbullbullbullbullbullbull bullbullbullbullbullbull 3

a admission to practice in the court of appeals b withdrawal - - shy

Suspension or extension of required time schedules 4 Computation of time 0 bullbull 00 bullbullbullbullbull o 0 bullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbullbull 4 Pleadings 4

a informality b typed or handwritten c pi ace of filing d number of copies e service of process

Fees bull bullbullbullbullbull 5 a waiver of fee b civil bond c criminal bond

Notice of appeal a whenlwhere to file b timeliness consolidated appeals c contents d service e notice to court of appeals

f death of party g counsel appointments h jurisdictional challenges i multiple parties

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25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

~ ) -~ - ~

~ 1 ~~













III

) ~

~~










Rule 8 Parties 18




Rule 12 Costs 20




IV

1 )


Rule 2

Rule 3




















Rule 4

1

----------- -
















2

~l

Rule 7

) )
















3

) )

















__ umiddotmiddot __

4














l

)





II i












6

II

i









I~middotmiddot










7

~ule 16

(a)

~)

(c)

(d) (e)

~ule 17

(a)

(b)

(c)

Rule 18

(a)

-

J












8

-) -







I









9

__ 1 ()

(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)














-- ---------~ 10

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

) ~

~~










Rule 8 Parties 18




Rule 12 Costs 20




IV

1 )


Rule 2

Rule 3




















Rule 4

1

----------- -
















2

~l

Rule 7

) )
















3

) )

















__ umiddotmiddot __

4














l

)





II i












6

II

i









I~middotmiddot










7

~ule 16

(a)

~)

(c)

(d) (e)

~ule 17

(a)

(b)

(c)

Rule 18

(a)

-

J












8

-) -







I









9

__ 1 ()

(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)














-- ---------~ 10

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

1 )


Rule 2

Rule 3




















Rule 4

1

----------- -
















2

~l

Rule 7

) )
















3

) )

















__ umiddotmiddot __

4














l

)





II i












6

II

i









I~middotmiddot










7

~ule 16

(a)

~)

(c)

(d) (e)

~ule 17

(a)

(b)

(c)

Rule 18

(a)

-

J












8

-) -







I









9

__ 1 ()

(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)














-- ---------~ 10

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

----------- -
















2

~l

Rule 7

) )
















3

) )

















__ umiddotmiddot __

4














l

)





II i












6

II

i









I~middotmiddot










7

~ule 16

(a)

~)

(c)

(d) (e)

~ule 17

(a)

(b)

(c)

Rule 18

(a)

-

J












8

-) -







I









9

__ 1 ()

(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)














-- ---------~ 10

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

~l

Rule 7

) )
















3

) )

















__ umiddotmiddot __

4














l

)





II i












6

II

i









I~middotmiddot










7

~ule 16

(a)

~)

(c)

(d) (e)

~ule 17

(a)

(b)

(c)

Rule 18

(a)

-

J












8

-) -







I









9

__ 1 ()

(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)














-- ---------~ 10

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

) )

















__ umiddotmiddot __

4














l

)





II i












6

II

i









I~middotmiddot










7

~ule 16

(a)

~)

(c)

(d) (e)

~ule 17

(a)

(b)

(c)

Rule 18

(a)

-

J












8

-) -







I









9

__ 1 ()

(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)














-- ---------~ 10

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2














l

)





II i












6

II

i









I~middotmiddot










7

~ule 16

(a)

~)

(c)

(d) (e)

~ule 17

(a)

(b)

(c)

Rule 18

(a)

-

J












8

-) -







I









9

__ 1 ()

(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)














-- ---------~ 10

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

II

i









I~middotmiddot










7

~ule 16

(a)

~)

(c)

(d) (e)

~ule 17

(a)

(b)

(c)

Rule 18

(a)

-

J












8

-) -







I









9

__ 1 ()

(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)














-- ---------~ 10

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

~ule 16

(a)

~)

(c)

(d) (e)

~ule 17

(a)

(b)

(c)

Rule 18

(a)

-

J












8

-) -







I









9

__ 1 ()

(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)














-- ---------~ 10

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

-) -







I









9

__ 1 ()

(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)














-- ---------~ 10

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

__ 1 ()

(c)

Rule 22

Rule 23

(a)

(b)

(c)

(d) (e)

Rule 24

(a)














-- ---------~ 10

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

(b)

(c)

(d)

(e)

(f)

Rule 25

(a)

(b)

(c)

(d)






denied


y



11

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

Rule 26

(a)

(b)

(c)

(d)

(e)

(f)

~ule 27 shy

(a)

(b)

-)












addenda and

- ----_ -___ shy12

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

r-) _)





















I

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

middot~ j - )










I













14

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

)




Rule 38 Severabll~










---____ shy

15

-


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2


) ----

La-Court





Judgment





(RIde of 16 (b) )



(Rule i7)



20)



ii1

Ifta COurt Judge is

unavailable De How

IRuIe 18 (ell




(Rule 26 (a) )




(Rule 26 (c))



I


(Rufe 29)

Decision (Rule 31)

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

5

10

15

20

25

1

1

3

7

8

9

11

12

13

[4

16

17

18

19

21

22

23

24



INRE ) )



) ) ) )








and








---u- r- _

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

1

2

3

4

5

6

7

8

9

10

bull 11

12

13

14

15

16

17

18

19

20

21

12

23

bull 24

b I ~












5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

5

10

15

20

25





7











18 the parties or






24 and


5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

5

10

15

20

25








8


11 Teresa Donahue

12 Chief Judge

13

14

16

17

18

19

21

22

23

24

2

- -~-- - -----~- -~~--------


Title6Ch3Art2

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