Chapter 31.23 COMPLAINTS
Civil actions shall be initiated by filing a complaint in the Tribal Court unless otherwise specified under Tribal law.
(1) Contents. Complaints must include the following:
(A) The names of the parties;
(B) A brief statement of the facts which justify granting the relief asked for;
(C) A statement of the relief asked for;
(D) A brief statement of the facts that show that the Tribal Court has jurisdiction over both the parties and the subject matter of the action;
(E) The signature of the party or such party’s representative; and
(F) A statement signed by the plaintiff before a public notary or judge, swearing or affirming that the plaintiff has read the complaint and believes the contents to be true and correct.
(2) Filing Fee. The party initiating the civil action shall pay the filing fee stated in the Tribal Court Fee Schedule at the time that the complaint is filed. The filing fee may be waived by the Clerk if so required under Tribal law or by the judge upon good cause shown.
(3) Service of Notice. After the complaint is filed, the plaintiff shall cause all defendant(s) to be served with a copy of the complaint and a summons in the form maintained by the Clerk. The defendant(s) may be served by any person over the age of 18 years who is neither a party to the action, nor a member of a party’s immediate family. Personal service may be effected by personally delivering a copy of the summons and complaint to the party or by leaving a copy of the summons and complaint with a person of suitable age and discretion at the residence of the person served, with directions to deliver it to the person to be served. If a defendant cannot be found on the trust or reservation lands of the Tribe, service may be accomplished by certified mail, return receipt requested.
(4) Service by Publication. When a defendant cannot be found on the trust or reservation lands of the Tribe and attempts to serve the defendant by certified mail have failed, the plaintiff may ask the judge to allow service by publication. If the request is granted, the plaintiff shall publish the summons once a week for three consecutive weeks in a newspaper of general circulation in Clark County.
(5) Summons.
(A) Content. The summons shall notify the defendant that if they do not appear or answer the complaint within 20 days from the date of service, the Tribal Court may grant judgment in favor of the plaintiff.
(B) Proof of Service. The person serving the summons and complaint shall file with the Clerk certification that they have served the defendant, including the date and place of service. If service was made on the person other than the defendant in accordance with subsection (3) of this chapter, the certification shall state the name of the person served, the date and place of service, and the instructions given. In case of service by certified mail, the return receipt shall constitute the proof of service and a copy shall be filed with the Clerk. In case of service by publication, an affidavit by the publisher and a copy of the summons as published shall constitute the proof of service and such affidavit shall be filed with the Clerk. [Res. 24-44, 2024.]