(b) If he has no guardian or his guardian is not proper or unable to act as such, the Court shall
appoint 1 as follows: [original contained no following particulars]
4-7.02 Minors. If the party is a minor without a proper guardian, the Court shall appoint him a guardian
upon the minor's request if he is 14 or older or upon the application of a relative or friend, if the minor is
under the age of 14 years.
4-7.03 Incompetent. If the party is incompetent other than by age, and has no proper guardian, the Court
shall appoint one upon application of a friend or relative or upon the Court's own motion.
Section 4-8 Applicable Law in Civil Actions
4-8.01 Applicable Law in Civil Actions.
(a) The Spokane Tribal Court shall, in civil cases, apply the applicable laws of the United States,
regulations of the Department of the Interior and any relevant laws, Resolutions, Codes,
customs or codes of the Tribe, not prohibited or superseded by Federal laws.
(b) As to any matters not covered by the above, the Tribal Court may be guided by common law as
developed by State and Federal Courts.
4-8.02 Tribal Custom Advisor. In the event of dispute or uncertainty regarding traditional Tribal customs,
the court may utilize advisors familiar with these customs.
Section 4-9 Judgments in Civil Actions
4-9.01 Judgments. In all civil cases in which plaintiff prevails, judgment shall consist of an order of the
Court directing payment to plaintiff of the monies found owing him, awarding money damages to be paid to
the injured party, or ordering the performance of some other act for the benefit of the injured party.
4-9.02 Judgments in Cases Involving Injury. In cases involving injury to persons or property:
(a) Where the injury inflicted was the result of carelessness of the defendant, the judgment shall
fairly compensate the injured party for the loss he has suffered.
(b) Where the injury was deliberately inflicted, the judgment shall impose an additional penalty upon
the defendant, which additional penalty may run either in favor of the injured party or in favor of
the Tribe.
(c) Where the injury was inflicted as the result of an accident in which both the complainant and the
defendant were at fault, the judgment shall compensate the injured party for a reasonable part
of the loss he has suffered which shall reflect an adjustment thereof for the ratio or proportion of
the accident caused by his negligence or fault.
Section 4-10 Default Judgment
4-10.01 Default Judgment.
(a) Upon the failure of a defendant to appear at the time stated in the summons, the other party
may proceed to offer evidence including proof that the defendant was served with a summons,
and the Court may render a judgment granting such relief as the evidence warrants, provided
that the defaulting party may apply in writing for a new trial within 20 days of the default
judgment, showing good cause for his failure to answer the summons.
(b) Upon failure of plaintiff to appear at the time set by the summons for hearing, the Court may
dismiss the case.
Section 4-11 Costs
4-11.01 Costs. Unless the Court provides otherwise, Court costs incurred by the winning party shall be
included in any judgment, including filing fees, service fees, expense of witnesses, expert witness fees,
compensation of jurors and other incidental expenses.
Section 4-12 Appeal
4-12.01 Appeal. Any person who is a plaintiff or defendant in a civil proceeding and is aggrieved by a final
order of the Court may appeal as provided in Chapter 1, Section 1-7.
Section 4-13 Payment of Judgments From Individual Indian's Monies
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Revised Spokane Law & Order Code, 5/14/2013