1-7.05 Administration. The Chief Judge shall administer the Court of Appeals, select a clerk and, if the
budgets allow, a solicitor, present budgets and personnel policies to the Tribal Council for its approval and
advance the orderly evolution of Tribal law by semi-annual reports to the Tribal Council.
1-7.06 Compensation. The compensation of the Appellate Justices shall be set by the Spokane Tribal Council
and shall not be diminished while they are in office.
1-7.07 Appeals – Jurisdiction. Parties to Tribal Court suits have a right to appeal judgments and orders of
the Tribal Court to the Court of Appeals; the Tribal Council reserves the right to bar appeals respecting
specified subject matter, but neither retroactively applicable to suits pending in the Court of Appeals nor
specific to a party.
Resolu. 2005: By Resolution 2006-95, adopted 11/22/05, by a vote of 3-0-0-2, the Spokane Tribal
Council determined that all disputes arising from occurrences covered by the Tribe’s or Tribal
enterprises’ liability insurance policy(ies) shall be adjudicated in the Spokane Tribal Court; and that no
court, other than the Spokane Tribe Court of Appeals, shall have jurisdiction to review, vacate, set aside,
reverse, revise, correct, amend, or annul any decision of the Spokane Tribal Court.
1-7.08 Interlocutory Appeals. Appeals from interlocutory Tribal Court orders - orders entered before final
judgment of the Tribal Court - shall not be permitted except in the instance of a writ of habeas corpus,
injunctive relief, or on the certification of the Tribal Court in its sound discretion.
1-7.09 Notice of Appeal. Permissible appeals shall be taken by filing a written notice of appeal with the Clerk
of the Spokane Tribal Court; a notice of appeal shall specify the parties taking the appeal and the judgment
or order from which the appeal is taken; a notice of appeal shall concisely specify the grounds for the
appeal; Appellate Form no. 1, appended hereto, shall be completed by appellants; the Clerk of the trial court
shall mail photocopies of the notice of appeal to respondents.
1-7.10 Filing Fee for Appeal. The filing fee for an appeal shall be $75, or as otherwise established by rules
of Court with the approval of the Spokane Tribal Council; appellants may seek an in forma pauperis order if
they cannot afford the filing fee; the Spokane Tribe and its agents, subdivisions and chartered entities shall
not be required to submit a filing fee.
1-7.11 Assembly of Record on Appeal. The Clerk of the Spokane Tribal Court shall assemble the record on
appeal, inclusive of all papers filed or lodged with the Spokane Tribal Court, minutes, exhibits, orders and,
upon the request of appellant or respondent, and at their cost, the transcript of all hearings, proceedings
and the trial of the matter; the request for transcript shall accompany the notice of appeal; the record shall
be submitted to the Court of Appeal no later than 7 days following filing of a notice of appeal from an
interlocutory Tribal Court order, and no later than 45 days following filing of the notice of appeal from a final
Tribal Court order.
1-7.12 Time of Appeal.
(a) Notices of appeal shall be filed no later than 45 calendar days following issuance of the final
Tribal Court order; late appeals shall be dismissed.
(b) Notices of appeal from interlocutory Tribal Court orders shall be filed no later than 5 days
following issuance of the order.
1-7.13 Briefs. Written briefs are mandatory and shall be completed no later than 70 days subsequent to
submission of the record to the Court of Appeals by the Clerk of the Tribal Court.
(a) The Chief Justice shall issue a briefing schedule to the parties, allowing 20 days for submission
of Opening Brief by Appellant, 20 days for submission of a Responding Brief by Respondent, and
10 days for submission of a Reply Brief by Appellant; the time for briefing can be shortened or
extended upon application by a party and for good cause.
(b) Appeals shall not be dismissed for failing to submit briefs.
1-7.14 Oral Argument.
(a) Oral argument shall be scheduled by the Chief Justice no later than 20 days following the time
for submission of the last brief.
(b) Oral argument can be waived by agreement of the parties.
1-7.15 Motions. Motion practice in the Court of Appeals shall follow Spokane Tribal Court procedures.
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Revised Spokane Law & Order Code, 5/14/2013