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Nottawaseppi Huron Band of the Potawatomi, MI
Calhoun County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi 2-20-2020 by Res. No. 02-20-20-09]
A. 
As defined in the code, a "minor" is an individual under the age of 18 years.
B. 
"Process" shall mean any documents used by the Court to acquire or exercise its jurisdiction over a person or specific property, including all means whereby the Court compels the appearance of a person or compliance with its demands.
C. 
The process shall be under the seal of the Court Clerk and shall be signed by the Court Clerk and dated the day it is issued.
D. 
Upon request of a party or upon the Tribal Court's discretion, the Tribal Court may order service of process be delivered in person by law enforcement officers of the Tribe, Tribal Court Officers, or by the appointed registered process servers of the Tribal Court.
E. 
A "resident of the Nottawaseppi Huron Band of the Potawatomi" is defined as a tribal citizen(s) of the Nottawaseppi Huron Band of the Potawatomi, their family members (which may include minors) or subtenant(s) that reside in tribal housing or who reside in privately owned housing within the boundaries of the Pine Creek Indian Reservation.
A. 
Appointment of process servers. Law enforcement officers of the Tribe and Tribal Court Officers shall serve, within the jurisdiction of the Tribe, all process, writs, orders, pleadings or papers required or permitted by law to be served subject to any rules of the Tribal Court governing service of process.
B. 
The Tribal Court, pursuant to rule, may also appoint and register private persons to serve all process, writs, orders, pleadings or papers required or permitted by law to be served prior to, during, or independently of a proceeding or action before the Tribal Court, including foreign court actions, provided:
(1) 
Such private process servers shall not be authorized to serve writs or orders requiring the service officer to sell or take into his custody persons or property.
(2) 
The Tribal Court may otherwise limit the authority of private process servers by court rule.
(3) 
Writs and orders requiring the service officer to sell, deliver or take into his custody persons or property may only be served by a law enforcement officer of the Tribe or a law enforcement officer of another jurisdiction duly and specially appointed by the Tribe to serve such writs and orders.
(4) 
A process server appointed and registered pursuant to this section and rule of the Tribal Court is an officer of the Tribal Court.
C. 
Procedure for the appointment of process servers.
(1) 
A person wishing to become a process server for the Court shall complete an application that contains the following:
(a) 
Name, age, residence, address and phone number.
(b) 
Provide proof the person is 18 years of age or older.
(c) 
A statement that he or she is a resident of the State of Michigan or a resident of the Nottawaseppi Huron Band of the Potawatomi.
(d) 
A statement that service of process will be in accordance with the law.
(2) 
The application must be made under oath and notarized.
(3) 
Upon approval by the Court or presiding Judge, the applicant shall be registered with the clerk as a process server until such registration is withdrawn.
(4) 
The clerk shall maintain a register of process servers and shall deliver to each proof of registration.
(5) 
A registered process server shall serve in such capacity for any Court of the Nottawaseppi Huron Band of the Potawatomi.
(6) 
The Nottawaseppi Huron Band Tribal Court may set uniform fees for registration of process servers, and as needed to update fees.
D. 
Payment of process servers. The Court shall establish fees for the costs associated with service of process by Tribal Court Officers or registered process servers.
The NHBP Police Department may charge or authorize the charge of such reasonable fees for service of process conducted by any of their officers.
The process server shall endorse upon every process the day and hour it was received by the process server.
The process server shall exert diligent efforts to promptly serve every process and timely return the same to the Tribal Court.
Upon the filing of a petition or complaint in a civil matter, the Court Clerk shall forthwith issue a summons and deliver it for service with a copy of the complaint as provided by this code and Tribal Court Rule, to the NHBP law enforcement agency or to a process server appointed by the Court. Upon request of the plaintiff, separate or additional summons shall issue against any defendants.
A. 
Any person subject to the jurisdiction of the Nottawaseppi Huron Band of the Potawatomi may be served outside the territorial jurisdiction of the Court in the manner provided with the same force and effect as if the service had been made within the territorial jurisdiction thereof, if such person:
(1) 
Transacts business or does an act leading to a civil action within the Tribe;
(2) 
Owns, uses or possesses any property or interest therein within the Tribe;
(3) 
Contracts for services to be rendered or goods furnished to the Tribe.
B. 
Upon request of a party or upon the Tribal Court's discretion, the Tribal Court may order service of process be delivered in person by law enforcement officers of the Tribe, Tribal Court Officers, or by the appointed registered process servers of the Tribal Court.
C. 
When process has been served, the return thereof shall be filed in the office of the Court Clerk.
D. 
Service shall be made as follows:
(1) 
Upon an individual who is not a minor or incompetent person, by delivering a copy of the process personally or by leaving copies thereof at the person's dwelling house or usual place of abode with some person then residing therein who is not a minor or by delivering a copy of the process to an agent authorized by appointment or by law to receive service of process;
(2) 
Upon a minor, by serving copy of the process personally and upon one of the minor's parents or guardian(s) or if they cannot be found, then upon the person having the care or control of the minor or with whom the minor lives; and upon an incompetent person by serving the process personally and upon the incompetent person's guardian;
(3) 
Upon a foreign corporation, partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the process to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process;
(4) 
Upon the Nottawaseppi Huron Band of the Potawatomi or any political subdivision, officer, employee, agent or representative thereof subject to suit, by delivering a copy of the process to the office of Chairperson or office of the Chief Legal Officer; and
(5) 
Upon an inmate incarcerated in an institution under the jurisdiction and control of a state Department of Corrections, by delivering a copy of process by physical or electronic means or by first class mail to the warden or superintendent or the designee of the warden or superintendent of the institution where the inmate is housed requesting them to provide a proof of service regarding the personal delivery on the inmate.
E. 
Service of process by certified mail.
(1) 
Certain process, within the discretion of the Court, may be served by certified mail.
(2) 
Service by mail may be accomplished by mailing the documents to be served by certified mail, return receipt requested, and delivery restricted to the addressee.
(3) 
Service pursuant to this section shall not be the basis for the entry of a default or a judgment by default unless the record contains a return receipt showing acceptance by the party served or a returned envelope showing refusal of the process by the defendant.
F. 
Service by publication.
(1) 
Service of summons upon a named defendant may be made by publication when it is stated in a petition, verified by the plaintiff or the plaintiff's attorney, or in a separate affidavit by the plaintiff or the plaintiff's attorney filed with the Court, that with due diligence service cannot be made upon the defendant by any other method.
(2) 
Service of summons upon the unknown heirs, successors or assigns of a named defendant, a named decedent, or a dissolved partnership, corporation, or other association may be made by publication when it is stated in a petition, verified by the plaintiff or the plaintiff's attorney, or in a separate affidavit by the plaintiff or the plaintiff's attorney filed with the Court, that the person who verified the petition or the affidavit does not know and with due diligence cannot ascertain the following:
(a) 
Whether a person named as defendant is living or dead and, if dead, the names or whereabouts of the person's successors, if any;
(b) 
The names or whereabouts of the unknown successors, if any, of a named decedent;
(c) 
Whether a partnership, corporation, or other association named as a defendant continues to have legal existence or not; or the names or whereabouts of its officers or successors;
(d) 
Whether any person designated in a record as a trustee continues to be the trustee; or the names or whereabouts of the successors of the trustee; or
(e) 
The names or whereabouts of the owners or holders of special assessment or improvement bonds, or any other bonds, sewer warrants or tax bills.
G. 
Upon a showing that service of process cannot reasonably be made as provided in this code, the Court may by order permit service of process to be made in any other manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard.
If any provision of this code or its application to any person or circumstance is held invalid, the remainder of this code or its application to other persons or circumstances shall not be affected, and to this end, the provisions of this code are severable.