A. Filing an Appeal. The party appealing the final government decision (the petitioner) starts the appeal by filing a notice of appeal from a government decision, paying the filing fee, if applicable. This document must be served on the respondent by personal service in accordance with the Rules of General Application and Evidence.*

B. Contents of the Notice of Appeal from a Government Decision. The petitioner’s appeal must state the name of the tribal entity making the final government decision, the date and title of the final government decision being appealed, and statement why the petitioner believes the final government decision is incorrect. The appeal must also include a copy of the final government decision.

C. Summons to Appear and/or Produce Administrative Record.

D. Delivery of the Administrative Record. The respondent must file the administrative record within fourteen (14) days of the date the summons was issued. If the administrative record is not filed with the Court and served on the petitioner within the (14) day time period, then the Court shall issue an order to show cause as to why it should not reverse the final government decision in its entirety for failing to provide the administrative record and issue other sanctions as appropriate.

E. Appeal Statement. The petitioner must file a statement in support of appeal (“statement”) within fourteen (14) days of being served a copy of the administrative record. The statement must specifically explain the parts of the final government decision the petitioner argues are incorrect, and whether the decision should be overturned or if the matter should be sent back to the tribal entity. The statement should refer to the parts of the administrative record that support the reasons why the decision is incorrect. The statement may also cite legal authorities that support its statements.

F. Amended Papers. A petitioner may, without permission from the Tribal Court, amend its notice of appeal from a government decision or its statement in support of appeal once at any time before being served with a response. Otherwise, a petitioner may amend his or her papers only by permission from the Tribal Court or by consent of the adverse party. Filing an amended petition will extend the time the party has to respond by an additional thirty (30) days.

G. Response. The respondent must file a response within thirty (30) days of being served a copy of the statement. The response must specifically explain why the final government decision was correct. The response should refer to the parts of the administrative record that support the reasons why the decision is correct. The response may also cite legal authorities that support its statements.

H. Request to Extend Time. The Court may grant a written request to extend the time periods stated above for good cause shown.

I. Requests to the Court. Requests to the Court for other relief must be written and filed with the Court, and must include the nature of the request, the reason for the request, and any supporting documents. The other party may be given a reasonable opportunity to respond to the request, but the Court has the discretion to determine whether the circumstances require the Court to make a decision on the request without hearing from the other party. (Res. 2020-42 Exh. B)