(1) Basis for Appellate Court Decision. The Court of Appeals shall review the record of proceedings from the Trial Court proceedings, and the appellate brief and oral argument in rendering its decision.

(2) Issues of Law and Fact. The Court of Appeals shall limit its review to issues of law and findings of fact, wherein the judge is acting as the trier of fact, and shall set aside such findings of fact if they are clearly erroneous.

(3) Form of Judgment. The Court of Appeals may reverse, affirm, or modify the Trial Court decision being reviewed, order a new trial, remand to the Trial Court, and take any other action as the merits of the case and the interest of justice may require, provided that the relief is consistent with Tribal law.

(4) Entry of Judgment. Entry of judgment shall be made by the Clerk by notation in the docket at the direction of the Court of Appeals. The Clerk shall mail notification of the entry of judgment and a copy of the opinion, if any, to all parties and file a copy in the underlying Trial Court File.

(5) Costs. Costs on appeal are those incurred by a party in having the record prepared and transmitted and the fee paid for filing the appeal. Costs of review may be determined and awarded by the Court of Appeals. Appellant shall pay the costs of review if the appeal is dismissed or if the judgment is affirmed, unless the Court of Appeals orders otherwise. Respondent shall pay the costs if the judgment is reversed, unless the Court of Appeals orders otherwise. In any other case, the costs shall be awarded only as ordered by the Court of Appeals. A party desiring costs to be assessed shall submit an itemized and verified bill of costs which shall be filed with an affidavit of service on all parties within seven Court days of being notified of entry of judgment. Objections may be filed within seven Court days of service. [Res. 24-44, 2024.]