1.32.070 Court Procedures, Rules and Powers

(a) Unless specifically provided to the contrary in this Code or unless inconsistent with its provisions, the Bad River Tribal Court Code, including the rules concerning vacation of orders, govern formal proceedings under this Code. Appeals shall be taken in accordance with the Band's Rule of Appellate Procedures.

(b) Judicial Powers and Duties.

(1) The Court may make orders for the sale of personal property at public or private sale for the compounding of debts, for the settlement of an estate as insolvent, for the approval of bonds and all other orders of an ex parte nature as may facilitate the settlement of estates. The orders shall be in writing, signed by the judge issuing the same, and shall be filed and recorded as an entry in the proper record.

(2) The Court shall examine the bonds filed by the personal representations, with a view to ascertaining his or her sufficiency and may approve the same. The Court may examine any inventory, sale, bill, account current, final account and vouchers filed therewith, or examine into the condition of an estate generally. Bond may be waived for good cause shown.

(3) The Court shall have the authority to draft orders requesting property of funds outside the exterior boundaries of Bad River trust lands to be delivered for probate to the Court.

(c) Records and Certified Copies. The Clerk of Court shall keep a file for each decedent of all documents filed with the Court under this Code and shall keep a numerical index of all such estates to facilitate access to such records. Upon payment of a fee, as established by the Court, the Clerk shall issue certified copies of any document or paper so filed.

(d) Trials. All trials under this Code shall be by the Court.

(e) Oath or Affirmation on Filed Documents. Except as specifically provided in this Code, every document filed with the Court under this Code shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and the penalties for perjury shall follow deliberate falsification therein.