[History: Tribal Act #03-21.1318, enacted by Tribal Council on December 17, 2003.]
(a) 
Findings.
(1) 
The Tribe has a compelling interest in protecting Tribal sovereignty and jurisdiction; and
(2) 
Tribal sovereignty and jurisdiction may be questioned in cases in the Tribal Court in which the Tribe or any agency, officer, or employee thereof is not a party; and
(3) 
With adequate, timely, and uniform notice of cases in the Tribal Court that question Tribal sovereignty and jurisdiction, the Tribe can effectively assess whether and how to participate in such cases.
(b) 
Purpose. The purpose of this Ordinance is to provide the Tribe with adequate, timely, and uniform notice of any and all cases in the Tribal Court that question Tribal sovereignty and jurisdiction and in which the Tribe or any agency, officer, or employee thereof is not a party.
[History: Tribal Act #03-21.1318, enacted by Tribal Council on December 17, 2003.]
(a) 
Party To Give Notice. Any party that questions Tribal sovereignty or jurisdiction in any action or proceeding in the Tribal Court will give notice in writing to the head of the Tribal Legal Department of the action or proceeding. Notice required under this Ordinance does not authorize a party to name the Tribe or any agencies, officers, or employees thereof, as a party to any action or proceeding.
(b) 
Notice By Tribal Court. The Tribal Court shall be required to always provide notice to the Tribal Legal Department of any action or proceeding that questions Tribal sovereignty or jurisdiction.
[History: Tribal Act #03-21.1318, enacted by Tribal Council on December 17, 2003.]
(a) 
Advance Notice. Notice required under this Ordinance will be made not less than 60 days before Tribal sovereignty or jurisdiction is questioned in any action or proceeding.
(b) 
Proof of Notice Filed with the Court. Any party giving notice under this Ordinance will simultaneously file proof with the Tribal Court that notice has been given as required by this Ordinance.
[History: Tribal Act #03-21.1318, enacted by Tribal Council on December 17, 2003.]
(a) 
Amicus Curiae. Upon timely motion or application, the Tribe may appear as amicus curiae (friend of the court) in any action or proceeding that questions Tribal sovereignty or jurisdiction.
(b) 
Information Sharing and Consultation. In any action or proceeding in the Tribal Court that questions Tribal sovereignty or jurisdiction in which the Tribe does not intervene or appear as amicus curiae, the Tribe may nevertheless share important knowledge with any party involved in the action or proceeding. This could include assistance in responding to formal discovery requests or acting as an informal consultant.
(c) 
No Participation. The Tribe may determine that it is in the best interest of the Tribe not to intervene, appear as amicus curiae, or otherwise participate in an action or proceeding in the Tribal Court that questions Tribal sovereignty or jurisdiction.
(d) 
The Tribal Council shall have a twenty-one day response period consistent with rules of civil procedure.
[History: Tribal Act #03-21.1318, enacted by Tribal Council on December 17, 2003.]
(a) 
Failure to Give Notice Jurisdictional or Waiver of Rights. The failure of a party to give notice as required by this Ordinance does not deprive the Court of jurisdiction and is not a waiver of any rights otherwise timely asserted. Any notice given under this Ordinance is not a substitute for, or a waiver of, any other pleading requirement under Tribal law.
(b) 
Late Notice. If the Court or a party discovers that notice to the Tribe under this Ordinance should have been but has not been given, the Court or party will promptly give notice in writing to the Tribe as required by this Ordinance. The Court may stay the action or proceeding at any stage to allow compliance with this Ordinance. If final judgment has already been entered, the Tribe may motion or apply for rehearing as of right and the Court will entertain promptly any motions or applications for rehearing by the Tribe.
(c) 
Civil Sanctions. The Court may impose civil sanctions on any party for failure to give notice as required by this Ordinance, and may use other reasonable means to cure any significant harm caused by failure to give notice as required by this Ordinance.