CHAPTER 4-1
GENERAL PROVISIONS

These provisions and rules shall be known as the Prairie Band of Potawatomi’s Code of Civil Procedure. The Court shall exercise these procedures in all cases which are civil in nature. These rules shall be construed to secure the just, speedy, and inexpensive determination of every action.

4-1-1 No effect upon Sovereign Immunity.

Nothing in this Title shall be construed to be a waiver of the sovereign immunity of the Tribe, its officers, employees, agents, or political subdivisions or to be a consent to any suit beyond the limits now or hereafter specifically stated by Tribal law.

4-1-2 Declaratory Judgment.

The Court, in any actual controversy before it, shall have the authority to declare the rights of the parties in that suit in order to resolve disputes even though a money judgment or equitable relief is not requested or not due.

4-1-3 Effect of Previous Court Decisions.

All previous decisions of the Courts, insofar as they are not inconsistent with these provisions or rules, shall continue to have precedent value in the Court.

4-1-4 Definitions.

(A)    Claim. "Claim" means any right of action which may be asserted in a civil action or proceeding and includes, but is not limited to, a right of action created by statute.

(B)    Counterclaim. "Counterclaim" means a claim presented by the defendant which opposes or reduces the original claim by alleging another’s liability and if established will defeat or reduce the original claim.

(C)    Joinder. "Joinder" means the joining of persons or elements in a legal action or proceeding that will not deprive the Court of jurisdiction over the subject matter.

(D)    Judgment. "Judgment" means a final determination of the rights of the parties in an action, including those determined by a decree and any order from which an appeal lies.