At any time after the expiration of the time set in the notice
to quit, if the tenant or occupant of the premises refuses to quit
possession or occupancy of the premises, the landlord may file a complaint
in the Tribal Court for eviction and other relief. The complaint must
state:
A. The name and known address of the tenant(s) against whom the suit
is brought, but it need not state the names of any other occupants,
who will be considered to be bound by a Court order;
B. A description of the agreement of the parties or the terms under
which the person being sued occupies the premises;
C. The address or location of the premises in sufficient terms to allow
a law enforcement officer to carry out any order of the Court;
D. A description of the obligation the tenant has breached or the reason
for the action;
E. A statement showing that any required termination notices and the
notice to quit have been served in accordance with the provisions
of this Code requiring them; and
F. The relief demanded, including any claims for damages, fees, costs, or other special relief, which may include, in accordance with §
480-18, Grounds for eviction, nonpayment of rent or other costs between the time of notice and the described at §
480-34, Execution of judgment.
Evidence in proceedings under this Code shall be according to
the following provisions:
A. All evidence may be admitted which can be shown to be relevant, material,
and have reasonable probative value to the case. The Court may exclude
irrelevant or repetitious evidence or arguments.
B. The proceedings shall not be governed by the common law or statutory
rules of evidence except those relating to the privilege. Fairness
will dictate the decision of the Judge on challenges to admissibility
of evidence. The Court may conduct questioning of the witness and
shall endeavor to ensure that the claims or defense of all parties
are fairly presented to the court.
C. The Court may avail itself of any recognized and authoritative materials,
books or documents as guidance in reaching a decision on the admissibility
of evidence.
D. Hearsay evidence is admissible if it is relevant, material, reasonably
competent under the circumstances, and has reasonable probative value.
An essential finding of fact may not be based solely on a declarant's
oral hearsay statement unless it would be admissible under the rules
of evidence. Hearsay evidence may be freely admitted where all parties
to the out-of-Court statement are present before the Court and qualified
to testify as to the statement made.
E. At the discretion of the Judge, evidence may be excluded if its value
as proof is outweighed by the risk that its admission will create
a substantial risk of undue prejudice, confuse the issues, or unfairly
surprise the opposing party.
F. Upon request of a party, the Court may take judicial notice of specific
facts which are so certain as not to be subject to reasonable dispute.
The burden of proof in all proceedings under this Code shall
be clear and convincing evidence. The burden of proof shall be on
the petitioner in an action before the Tribal Court.
If the Court issues judgment for possession of the dwelling
unit in favor of the landlord, the tenant may apply for a stay of
execution of the judgment or order, provided it is within five business
days of the judgment rendered and there is evidence that one or more
of the following conditions is met:
A. Good and reasonable grounds affecting the wellbeing of the party
are stated; or
B. There would be no substantial prejudice or injury to the prevailing
party during the period of the stay; or
C. Execution of the judgment could result in extreme hardship for the
tenant(s); or
D. A bond is posted or monies are paid to the Court, to satisfy the
judgment or payment for the reasonable use and occupancy of the premises
during the period of time following the judgment. The clerk shall
distribute such arrearages to the landlord in accordance with any
order of the Court.
E. No stay shall exceed three months in the aggregate.
F. For actions brought under the expedited procedure the Court may not
stay the writ of recovery of the premises and order to vacate unless
the Court makes written findings specifying the extraordinary and
exigent circumstances that warrant staying the writ for a reasonable
period, not to exceed seven days.
Any miscellaneous complaint, cross-complaint, or claim including
a complaint or claim by a tenant which does not fall within the procedures
of this Code may be made under the general tribal civil procedure
Code and/or tribal small claims procedure Code.