A. Factual Errors. Determinations applying to the facts of a case shall be upheld or sustained unless the Tribal Court judge made a ruling that is clearly at odds with the evidence presented (clearly erroneous). Any finding, whether explicit or implicit, of witness credibility shall be reviewed as a finding of fact.

B. Conclusions of Law Errors. A conclusion of law shall be reviewed by the Appellate Panel anew, or de novo, meaning the appellate court uses the Tribal Court record but reviews the evidence and the law without giving any weight to the Tribal Court’s conclusions or findings.

C. Procedural Errors. A matter that is determined within the Tribal Court’s procedural discretion shall be sustained if it is apparent from the record that the Tribal Court properly exercised its discretionary authority (abuse of discretion) and applied the appropriate legal standard to the facts. (Res. 2020-42 Exh. C)