§ 5-302 Decisions.
A. All decisions of the Panel relating to an appeal, and all determinations of motions, shall be made as follows:
1. All decisions of the Appellate Panel shall be made by the majority of appellate judges. If no majority is reached on a decision, the order of judgment of the Tribal Court shall be upheld.
2. The decision of the Appellate Panel must be in written form, and state the facts, the issues to be decided, the rules of law applied, and the reasoning of the Panel. The Panel shall determine which of its members in the majority shall write the decision.
B. The Appellate Panel shall issue an order that conforms to its decision, which shall direct the Tribal Court in its disposition of the case on appeal. The Appellate Panel shall decide all appeals no later than ninety (90) calendar days after the last brief permitted by these rules is filed, unless a majority of the Panel hearing the appeal determine that extenuating circumstances exist justifying an exception to this rule. In such circumstances, Appellate Panel shall issue notice to the parties of the date the decision will be due.
C. Any member of the Panel who disagrees with the majority’s decision may issue a written dissent.
D. Within five (5) days of issuance, the Court Clerk shall transmit by first class mail, postage prepaid, a copy of the written decision to each party at their address of record, and may deliver a copy by electronic means if the parties agree in advance.
E. Any decision that determines an issue of law shall be retained and filed as tribal substantive law and shall become binding precedent.
F. All decisions of the Appellate Panel are final and there is no other right to appeal within the Tribe’s court system. (Res. 2020-42 Exh. C)