1.21.090 When an Appeal May Be Taken

(a) Notice of appeal must be filed with the Clerk of the Tribal Court, and served on all other parties, no later than 30 days after the entry of the judgment or order from which the appeal is taken. If one party has timely and properly filed a notice of appeal, any other party may file a notice of appeal within 15 days of service of the initial party's notice of appeal.

(b) A judgment or order is entered when it is filed with the Clerk of Court.

(c) Failure to file a notice of appeal as provided in this section deprives the Court of Appeals of subject matter jurisdiction in the appeal.

(2-24-89-24; 4-22-88-148.)

Prior Codifications

§1.21.090 was formerly codified as 121.9

Commentary

The appeal is started by filing the notice of appeal, a simple form for which a model is provided as Official Form no. 1. A party other than the initial appellant may decide to appeal in light of the initial appellant's appeal and is therefore allowed additional time to do so after service of the first notice of appeal. The interest of parties in the security of judgments entered by the court requires that an appeal must be filed within the time prescribed or be forever waived. Calculation of time is prescribed by Sec. 1.21.170.

Proper methods of service are prescribed by Sec. 1.21.180.