Chapter 31.65 APPELLATE REVIEW PROCESS
(1) Judicial Discretion. The Court of Appeals is empowered to alter or amend the review process described in these Rules as may be required by Tribal law. Further, the Court of Appeals shall have discretion to make its decision without additional briefing of the parties and without oral argument of the parties, provided, however, that the Court of Appeals makes its decision on the record of the underlying case, including the decision form and any recording of the proceeding, and notifies the parties within 20 days of accepting appeal that the Court of Appeals will not receive briefing and/or hold oral argument. The aforementioned 20-day period may be extended if the petitioner’s deadline for filing its appellant’s brief is extended for the same number of days.
(2) Appeal Conference. The Court of Appeals will decide if an appeal conference is appropriate in each appeal. The conference may be held in-person or by telephone, as deemed appropriate by the Court of Appeals.
(A) Notice. The Clerk will notify each party if an appeal conference is to be held. The notice shall specify the date, time, and place of the conference, whether the parties are required to attend as well as their representatives, and the name of the judge designated by the Court of Appeals to preside at the appeal conference. The chapters of these Rules providing for appeal conferences are intended to provide a less formal setting for dispute resolution, limit the issues to be briefed, and allow parties representing themselves to meet with a judge and ask questions about the appellate process.
(B) Agreed Orders. Parties must be prepared to consider the following during the appeal conference: settlement, limitation of the issues to be presented for review, and other matters which may promote the prompt and fair disposition of the appeal. If agreement to all or some of these matters is reached, the judge conducting the appeal conference shall enter an order consistent with the agreement which shall be binding on the parties curing the appellate review process.
(3) Record on Appeal.
(A) Contents and Filing. Within 10 Court days of acceptance of review by permission, or within five Court days of filing a Notice of Appeal of a final order or judgment, the party making the appeal shall ask the Clerk to file a copy of the trial record with the Court of Appeals. The record shall contain the original papers and exhibits filed in the Trial Court, a written transcript of the proceedings, if any, three copies of the tape recording of the proceedings, if any, and a copy of the docket entries prepared by the Clerk. The Clerk shall number each page of the record, using consecutive number, and labeling each page as “CR” for Court Record (e.g. “CR 1”).
(B) State of Proceedings Absent Transcript. If a record of the proceedings is not available, the party seeking review may prepare a statement of the proceedings using the best available means, including their recollections. The statement shall be served on the respondent who may file objections or amendments within 10 calendar days after service. Settlement and approval of the statement shall be made by the Court of Appeals.
(C) Costs of Preparation. The party making the appeal shall pay the costs incurred by the Tribal Court in preparing and transmitting the record. The Clerk shall submit a bill of costs to the party making the appeal payment. The costs of preparing and transmitting the record may be waived by the Tribal Court upon a showing of just cause.
(4) Filing Briefs. Within 45 days of acceptance of review, the party making the appeal shall file with the Court of Appeals a written brief, memorandum, or statement in support of their appeal and serve a copy on all parties. The respondent shall have 30 days after service of appellant’s brief in which to file a responsive brief, memorandum, or statement, and serve a copy on each party. A reply brief of either party shall only be allowed by permission of the Court of Appeals. The Court of Appeals may allow a longer time for filing briefs, in its discretion. All briefs shall be accompanied by an affidavit of service on all other parties. When referring to the Tribal Court record, the parties should refer to the underlying record using the page numbers and designations provided by the Clerk under subsection (3) of this chapter.
(5) Appellant’s Brief. The brief of the party making the appeal should be typed and organized as follows:
(A) Cover Page. The front or cover page shall state the name of the court and the number of the case, the title of the document (e.g. Brief for Appellant), and the name and address of the representative or, if no representative, the name and address of the appellant;
(B) Tables. A table of contents, with page references, and a table of cases cited in the brief, and a list of other authorities relied upon with references to the pages of the brief where used;
(C) Assignments of Error. A separate concise statement of each error a party contends was made by the Trial Court, together with the issues pertaining to the assignments of error;
(D) Statement of the Case. A fair statement of the facts and procedure of the trial which are relevant to the issues presented for review, without argument;
(E) Argument. The argument in support of the issues presented for review, together with citations to legal authority and references to relevant parts of the record; and
(F) Conclusions. A short conclusion precisely stating the relief sought.
(6) Respondent’s Brief. The respondent’s brief should conform to the format set forth in the preceding subsection and should answer the appellant’s brief.
(7) Amicus Curiae Brief. An amicus curiae brief may be filed by a person or entity interested in the case, by leave of the Court of Appeals, within a time specified by it. Parties may file a brief in reply to the amicus curiae brief only upon permission of the Court of Appeals.
(8) Oral Argument. The Clerk shall advise all parties of the time and place at which oral argument shall be heard. Each side is allowed 30 minutes for oral argument. Additional time may be granted by the Court of Appeals where it is deemed necessary. Amicus curiae may present oral argument only by permission of the Court of Appeals. Oral Argument may be conducted by telephone if so ordered by the Court of Appeals. [Res. 24-44, 2024.]