(e) “Occupant” means a person who for the 5 days preceding any unlawful entry, was in the
peaceable and undisturbed possession of the real property.
Section 28-3 Commencement of Action
28-3.01 Notice.
(a) Before an unlawful detainer action can commence in Tribal Court, the defendant shall be served
with a notice to vacate, stating the reasons and also stating the deadline for the defendant to
vacate which shall not be less than 3 days nor more than 30 days from the date of service.
(b) Service on the defendant shall be accomplished in conformity with Section 4 of this Code,
namely 4-4.02, 4-4.03, and 4-4.04 of the Code.
28-3.02 Commencement of the Action. After the expiration of the time set by notice in conformity with
Section 28-3.01, an unlawful detainer action may be commenced by the filing of the complaint with the Clerk
of Tribal Court, noting:
(a) The names of the plaintiff and defendant;
(b) When notice to vacate was given and the failure of the defendant to cure the defect or vacate;
(c) A description of the property and its location;
(d) Facts upon which the action is based, i.e., failure to pay rent, failure to vacate after the
expiration of the lease, etc;
(e) Any allegations of fraud, force, violence, waste, destruction and any damages because of such;
(f) The amount of rent due and owing;
(g) Whether the property is to be restored to the plaintiff.
Section 28-4 Summons
28-4.01 Summons.
(a) Upon the filing of a complaint, the Clerk shall cause to be issued a summons directed to
defendant requiring the defendant to appear before the Spokane Tribal Court at a date and time
certain which shall be at least 3 days, but no more than 20 days after service of summons and
complaint upon the other party.
(b) Additionally, the summons shall notify defendant that failure to appear at the date and time
specified will result in the granting of the relief sought in the complaint.
28-4.02 Emergency Hearing.
(a) If great risk to life or damage to property exists because of a violation of this Chapter, the
plaintiff may seek an emergency hearing on the matter.
(b) Upon a showing that great risk to life or property damage exists, the Court shall take
appropriate steps to protect the life of the property at risk, including eviction of the premises, if
necessary.
(c) If the Court finds that sufficient grounds exist for emergency action, the Court shall note the
matter for hearing as soon as possible, but not later than 5 days from the date of the
emergency hearing.
Section 28-5 Service of Summons and Complaint
28-5.01 Service. A summons, with a copy of the complaint attached, shall be served upon the defendant by
personal service, mail or publication in accordance with Chapter 4, Section 4-4.02, 4-4.03 and 4-4.04 of this
Code.
Section 28-6 Answer by Defendant
28-6.01 Answer by Defendant.
(a) The defendant in any action brought under this Chapter shall, on the day fixed for his
appearance, appear and answer the complaint, stating any claim of title or any grounds by
which he claims right to possession of the real property subject to the action.
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Revised Spokane Law & Order Code, 5/14/2013