1.21.100 How an Appeal May Be Taken

(a) A notice of appeal shall be filed by any party seeking review of a final judgment or order of the Tribal Court. The notice of appeal shall be filed and served, together with the request for transcript required by Section 1.21.100(c), within the time prescribed by Section 1.21.090 of this ordinance. The notice of appeal shall bear the caption and case number of the case in the Tribal Court and shall be labeled "Notice of Appeal." The notice of appeal shall identify by date, judge, and case number the judgment or order appealed, and shall state the substance of the judgment or order and whether the appellant appeals from the entirety of the judgment or order or from only part thereof, and if the latter, shall specify the part thereof. The notice of appeal shall also include a brief statement of the grounds for appeal and shall specify the precise relief sought. No appeal shall be dismissed for any formal defects in the notice of appeal as long as the matter appealed is clearly identified and filing and service are timely and properly made. If a notice of appeal does not contain every item required by this subsection, the Court of Appeals may make such orders as the interests of justice require.

(b) Unless waived, the filing fee prescribed by Section 1.21.190 shall be paid to the Clerk of the Tribal Court at the same time the notice of appeal is filed. The Clerk of Court shall not accept for filing a notice of appeal that is not accompanied by the filing fee or an order waiving fees. No filing fee shall be required in an appeal filed by the Tribe.

(c) A request for transcript shall be filed with the Clerk of the Tribal Court at the same time the notice of appeal is filed. The request for transcript shall specify those proceedings, or parts thereof, to which any reference will be made in the appeal proceedings and for which the official transcript will be required by the Court of Appeals for its review. Any other party may request transcription of additional proceedings or parts thereof by filing a request no later than 15 days after service of the appellant's notice of appeal and request for transcript. No fee shall be required for any transcript requested by the Tribe.

(d) The filing of an appeal does not constitute an automatic stay of the tribal court's judgment or order. A motion seeking a stay may be addressed to the tribal court before or after the filing of the notice of appeal.

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

Prior Codifications

§1.21.100 was formerly codified as 121.10

Commentary

The essence of the notice of appeal is to give fair notice to the other parties that what would otherwise be a final disposition of a case will not be final, and to allow the other parties to begin preparation for responding to the appeal or for filing a cross-appeal. The notice of appeal provided for in this section also requires a statement of the grounds for appeal and the relief sought, in the event an appellant appearing pro Se elects not to file a brief. Any party including in the notice of appeal the items listed in this subsection will be deemed to have clearly identified the matter appealed. A notice of appeal that fails to include all of the items listed in this subsection may cause the Court to expand the time for response, dismiss the appeal, or make other appropriate orders.