(1) Answer, Counterclaims, Default. Within 20 days after the defendant is served with a copy of the civil complaint, the defendant must contact the Clerk (by phone or email) and state whether the defendant will appear in Tribal Court to respond to the complaint. Additionally, a written answer stating the nature of the defense must be filed with the Clerk within 20 days, and if filed, a copy shall be mailed to the plaintiff, or plaintiff’s representative, by the defendant pursuant to subsection (2) of this chapter. In addition to any defenses the defendant may raise, they may also raise any claims they may have against the plaintiff or any co-defendant. Every defense in law or fact, to a claim for relief in any pleading whether a claim, counterclaim, crossclaim or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:

A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading the adverse party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense lettered (E) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the Tribal Court, the motion shall be treated as one for Summary Judgment and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion.

(2) Service of Answer and Other Pleadings. The defendant’s answer and all further pleadings made by either party may be served by regular mail, with the original filed with the Clerk with an affidavit of such mailing. The affidavit shall be signed by the person mailing the pleading and show the name and address of the party the pleading was mailed to and the date of the mailing. Service is effective as of the postmark date. The parties may agree to accept email service in lieu of mail.

(3) Default. When a party against whom a judgment is sought fails to appear, plead, or otherwise defend within the time allowed, and that fact is demonstrated to the Tribal Court by appropriate motion and affidavit or testimony, a default judgment may be entered by the Tribal Court, and notice of such default judgment shall be sent to the defaulting party. The moving party may obtain a default judgment upon satisfactory proof to the Tribal Court of the following:

(4) Default Judgment Set Aside. For good cause shown, the Tribal Court may set aside a default judgment either on its own motion or that of a party to the action. [Res. 24-44, 2024.]