(1) The petition contains verified, specific facts showing reasonable cause to believe that the
personal property involved may be lost, damaged or removed off the Reservation prior to a
regularly scheduled hearing; and
(2) An accelerated hearing can be held without substantially prejudicing the ability of the Indian
debtor to present any good faith defenses to the petition for repossession.
(e) Contents of Court Order. If after a hearing, the Court determines that repossession is justified,
the Court shall issue an order authorizing the creditor to repossess the personal property
involved in the proceeding.
(1) Every such order may direct that a creditor shall repossess the property of the Indian debtor
only when accompanied by a Tribal Police Officer.
(2) An order shall contain this directive if the Indian debtor has failed to appear at the hearing
despite reasonable notice, and the Court has therefore entered the repossession order in the
absence of the debtor.
4-23.05 Remedies for Violation of this Section.
(a) Exclusion from Reservation. Any non-member of the Spokane Tribe, except persons authorized
by federal law to be present on the Spokane Reservation, may be excluded from the Reservation
in accordance with procedures set forth in Chapter 21 of the Spokane Law and Order Code, if
such non-member is found to be in deliberate or willful violation of this section.
(b) Denial of Business Privileges. Any creditor and any agents or employees of any creditor who are
found by the Tribal Council to be in deliberate and willful violation of this title may be denied the
privilege of doing business within the Spokane Reservation.
(1) The Council shall afford any creditor fair notice and opportunity for hearing prior to denial of
any business privileges on the Reservation.
(c) Civil Damage Liability. Any person who violates this Title and creditor whose agents or
employees violate this Title, shall be deemed to have breached the peace of the Spokane
Reservation, and they shall be civilly liable to any debtor for any actual damages caused by the
deliberate or negligent failure to comply with the provisions of this section.
Section 4-24 Service of Process - Foreign Civil Actions
4-24.01 Service of Process Involving Foreign Causes of Action. If service is desired to be obtained upon an
Indian within the exterior boundaries of the Spokane Indian Reservation for purposes of a civil judicial
proceeding in a foreign Tribal, state or federal court, such service must be performed by the Tribal Court.
(a) Any person desiring such service shall submit a written request for such service to the Spokane
Tribal Police together with the document that is desired to be served, and a statement of the
name of the individual desired to be served and the location where they can be served.
(b) A schedule of fees and mileage for such service shall be as determined by the Police Chief and
approved by the Tribal Court.
(c) For that fee, an affidavit of service shall also be provided upon obtaining the desired service.
Section 4-25 Injunctions
4-25.01 Restraining Orders and Injunctions. In addition to other remedies, the Court may also issue a
temporary restraining order, preliminary injunction, permanent injunction or other appropriate order to
enjoin or prevent a violation or threatened violation of any person’s rights or legally protected interests, or
any provision of the Spokane Law and Order Code, regulation, or order issued there under or other laws of
the Spokane Tribe.
4-25.02 Emergency Restraining Order. When the complaining party demonstrates by affidavit or verified
complaint filed with the court that immediate and irreparable damage, injury, or loss will occur unless
restrained by the court, the Court may issue an ex parte emergency restraining order; provided that the
applicant provides the Court with written reasons supporting the claim that notice should not be required
and certifying the efforts made, if any, to notify the adverse party.
(a) Emergency restraining orders shall contain a statement of the injury, why it is irreparable, and
why the order was granted without notice. No restraining order shall be issued unless a
complaint in writing shall have been filed with the Court.
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Revised Spokane Law & Order Code, 5/14/2013