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Article IV. Pretrial Orders
This article is included in your selections.
This section is included in your selections.

A. Any party to the lawsuit may ask the Court for a temporary order prohibiting or requiring particular action by another party until the Court has a chance to reach a final decision in the case.

B. The Court may issue temporary orders if the party requesting it shows that there is a good chance that they will suffer irreparable loss or injury if the temporary order is not issued.

C. No temporary order shall be issued unless the other party has had notice and an opportunity to respond to the request.

D. The Court may issue an emergency temporary order without prior notice to the party (called an “ex parte order”) when the requesting party shows by sworn statement or oral testimony that they will suffer permanent loss or injury if the order is not issued before the opposing party can be notified and respond.

E. The temporary order shall be effective only for the time period specified in the order and may be renewed by the Court for good cause shown.

F. The Court may require a party who requests a temporary order to provide security for any loss or injury which may be suffered by a party the Court enters temporary orders against; provided, however, that the Court shall not require such security from the Tribe or any of its instrumentalities. (Res. 2021-43; Res. 2020-60)