[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:
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.
