Chapter 2.10
CIVIL RULES OF TRIBAL COURT

Sections:

2.10.010    General provisions.

2.10.020    Commencement of an action.

2.10.030    Complaint or petition.

2.10.040    Service for all other papers and pleadings.

2.10.050    Parties.

2.10.060    Third party practice.

2.10.070    Substitution of parties.

2.10.080    General rules of pleading.

2.10.090    Response.

2.10.100    Motions.

2.10.110    Cross-claims and counterclaims.

2.10.120    Amended and supplemental pleadings.

2.10.130    Preliminary injunctions and temporary restraining orders.

2.10.140    Pretrial procedures.

2.10.150    Trial.

2.10.160    Judgment.

2.10.170    Relief from judgment or order.

2.10.180    Foreign judgments.

2.10.190    Enforcement of judgments.

2.10.200    Repealed.

2.10.010 General provisions.

(1) Civil Jurisdiction. The jurisdiction of the Tulalip Tribal Courts shall extend, except as limited by Federal statutory or Tulalip Tribal law, to (a) all lands and waters within the Tulalip Reservation; and to (b) all persons natural and legal of any kind; and to (c) all subject matters which, now and in the future, are permitted to be within the jurisdiction of any Tribal Court of a sovereign Indian tribe or nation recognized by the United States of America; and to (d) all matters having to do with rights in or encumbrances to lands within or without the Tulalip Indian Reservation held by the United States in trust for the Tulalip Tribes or its members, in restricted fee by the Tulalip Tribes, or lands held in fee by members of the Tulalip Tribes located within the Tulalip Reservation; and Tribal territorial jurisdiction shall extend, except as limited by Federal statutory law or Tulalip Tribal law, to all lands and waters, in fee, trust or restricted fee, within or outside the Tulalip Indian Reservation and outside the Tulalip Reservation to lands and waters reserved or obtained by the Tribes and its people for their use by any treaty or law or in any other manner, including, but not limited to, Court decision, purchase, established right of use, or gift.

(2) Civil Statute of Limitations. No complaint shall be filed alleging a civil cause of action unless the civil cause of action arose and/or accrued within six years prior to the date of the filing of the complaint in a matter involving the breach of a written contract, and in all other matters within three years, unless otherwise specified in a particular ordinance. This general statute of limitations shall not apply to suits filed by the Tulalip Tribes to recover public monies or public property intentionally misspent, misappropriated, or misused, and further, this general statute of limitations shall not apply to any debt owed the Tulalip Tribes or any of its agencies, arms, or instrumentalities.

(3) Definitions. As used in this title, unless the context otherwise requires, the following definitions apply:

(a) “Days” means calendar days.

(b) “Judicial days” means business days of the Tulalip Tribal Court. [Res. 2012-242; Res. 2011-545; Ord. 49 § 2.1, 1-8-2010 (Res. 2010-10)].

2.10.020 Commencement of an action.

There is one form of action called a civil action. It is commenced by filing a complaint or petition with the Court Clerk and paying the filing fee. Filing fees will be set by Court rule. Once an action is properly commenced, a summons shall issue. [Res. 2014-125; Ord. 49 § 2.2, 1-8-2010 (Res. 2010-10)].

2.10.030 Complaint or petition.

Any person who wishes to commence a civil action in Tribal Court shall first file a written and signed complaint with the Court Clerk.

(1) Content. A complaint, counterclaim, cross-claim, or third party claim shall:

(a) State the names and any known Tribal affiliations of the parties;

(b) Describe the basis for the Court’s jurisdiction;

(c) Contain a short and plain statement of the wrong, injury or breach;

(d) State the legal basis for the wrong, injury, or breach;

(e) Name or describe the person responsible for such wrong, injury, or breach; and

(f) State the relief requested.

(2) Summons and Service of Summons.

(a) Content and Form of Summons. The summons shall be in written form and signed by the plaintiff or his attorney(s). The summons for personal service shall contain:

(i) The title of the cause, specifying the name of the Court in which the action is brought and the names of the parties to the action;

(ii) A direction to the defendant summoning him to serve a copy of his response within a time stated in the summons;

(iii) A notice that, in case of failure to do so, judgment may be rendered against him by default.

(b) By Whom Served. Service of summons and complaint may be made by any person over the age of 18 years who is competent to be a witness and is not a party to the action.

(c) Personal Service. A copy of the summons and complaint shall be served together upon the defendant. If service is outside the Tribes’ territorial jurisdiction, the special summons requirements of this chapter shall apply. Personal service shall be made as follows:

(i) To the defendant personally, or by leaving the summons and complaint at the house of his usual abode with some person of suitable age and discretion then resident therein;

(ii) If against a minor under the age of 14 years, to such minor personally, and also to his father, mother, guardian, or if there be none within the jurisdiction, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed, if applicable;

(iii) If against the Tribes or any of its instrumentalities, to the person designated by statute;

(iv) If against any town or incorporated city in the State, to the mayor, manager, or clerk thereof;

(v) If against a company or corporation doing any express business, to any agent authorized by said company or corporation to receive and deliver express matters and collect pay therefor;

(vi) If the suit be against a company or corporation, to the president or other head of the company or corporation, secretary, cashier, managing agent of the company or corporation or branch or local office, or to the secretary, stenographer, or office assistant of such individuals;

(vii) If the suit be against a foreign corporation or nonresident joint stock company, partnership, or association doing business within this State, to any agent, cashier, or secretary thereof.

(d) Service Outside the Territorial Jurisdiction of the Tribes.

(i) Generally. If service is outside the Tribes’ territorial jurisdiction, it shall be accomplished by personal delivery in the manner prescribed by the law of the place in which the service is made for service in an action in any of its courts of general jurisdiction. The summons served upon a party outside the Tribal Court’s territorial jurisdiction shall be in substantially the same form as that required for personal service.

(A) Whenever any domestic or foreign corporation, which has been doing business on the Reservation, has been placed in the hands of a receiver and the receiver is in possession of any of the property or assets of such corporation, service of all process upon such corporation may be made upon the receiver thereof. When Tribal law authorizes personal service outside the territorial jurisdiction of the Tribal Court, the service, when reasonably calculated to give actual notice, may be made.

(B) When outside the State of Washington, service may be made by any form of mail addressed to the person to be served and requiring a signed receipt.

(C) Service may be made as directed by the foreign authority in response to a letter rogatory.

(ii) Effect of Service Outside Territorial Jurisdiction of Tribes. Personal service of the complaint and summons or other process may be made upon any party outside the territorial jurisdiction of the Tribes, in the manner prescribed in this section. If upon a member of the Tribes, or resident of the Reservation, or a person or entity who has submitted to the jurisdiction of the Tribal Court by any of the acts specified in TTC 2.05.020(2), it shall have the same force and effect of personal service within the Tribal Court’s territorial jurisdiction. Otherwise, it shall have the force and effect of service by publication.

(e) Service by Publication.

(i) Generally. When the defendant cannot be found within the territorial jurisdiction of the Court, and upon the filing with the Court of a declaration of the plaintiff, plaintiff’s agent, or attorney stating a belief that the defendant is not a resident of the County of the Reservation, or cannot be found, and that a copy of the summons and complaint has been deposited in the post office, directed to the defendant at his place of residence, unless it is stated in the affidavit that such residence is not known to the affiant, and stating the existence of one of the cases hereinafter specified, the service may be made by publication of the summons by the plaintiff or his attorney in any of the following cases:

(A) When the defendant is a foreign corporation and has property within the Reservation;

(B) When the defendant, being a resident of the Reservation, has departed therefrom with the intent to defraud his creditors, or to avoid the service of a summons and complaint, or keeps himself concealed therein with like intent;

(C) When the defendant is not a resident of the Reservation, but has property therein and the Court has jurisdiction of the subject of the action;

(D) When the subject of the action is real or personal property in the Reservation, and the defendant has or claims a lien or interest therein, actual or contingent, and the relief demanded consists wholly or partially in excluding the defendant from any interest or lien therein;

(E) When the action is for dissolution of marriage in the cases prescribed by law;

(F) When the action is to foreclose, satisfy, or redeem from a mortgage or deed of trust, or to enforce a lien of any kind on real estate in the Reservation, or satisfy or redeem from the same;

(G) When the action is against any corporation, whether private or municipal, organized under the laws of the State of Washington or Tulalip Tribes, and the proper officers on whom to make service do not exist or cannot be found; or

(H) When the action is brought by one having in his possession, or under his control, any property or money, or being indebted, where more than one person claims to be the owner of, entitled to, interested in, or to have a lien on such property, money, or indebtedness, or any part thereof.

(ii) Form of Service by Publication. The publication shall be made in a newspaper of general circulation in Snohomish County, Washington, once a week for six consecutive weeks; provided, that publication of summons shall not be made until after the filing of the complaint, and the service of the summons shall be deemed complete at the expiration of the time prescribed for publication. The summons must be signed by the plaintiff or his attorney(s). The summons shall contain the date of the first publication, and shall require the defendant or defendants upon whom service by publication is desired to appear and answer the complaint within 60 days from the date of the first publication of the summons. The summons for publication shall also contain a brief statement of the nature of the action.

(iii) Effect of Service by Publication. Service by publication alone shall not by itself be taken and held to give the Court jurisdiction over the person of the defendant. By such service, the Court only acquires jurisdiction to give a judgment which is effective as to property or debts attached or garnished in connection with the suit or other property, which property forms the basis of jurisdiction of the Court. If the defendant appears in a suit commenced by such service, the Court shall have jurisdiction over his person. The defendant may appear specially and solely to challenge jurisdiction over property or debts attached or garnished or other property within the jurisdiction of the Court.

(f) Alternative Service. If other forms of personal service have been attempted and service has not been effected, the Court may order service by mail to the last known address, or any other method of service that the Court deems effective in providing the best notice available. Service by mail shall be by sending certified return receipt requested and regular mail. Service shall be effective if the letter sent by regular mail is not returned within 30 days.

(g) Return of Service. The person serving the complaint and summons shall make proof of service to the Court promptly, and in any event, within the term during which the person served must respond to the summons. This shall be accomplished by his or her declaration or affidavit of service. In case of service other than by publication, the declaration or affidavit of service must state the time, place, and manner of service. Costs shall not be awarded and a default judgment shall not be rendered unless proof of service is on file with the Court. Proof of service shall be made in the following manner:

(i) Service Outside the Territorial Jurisdiction of the Tribes. Proof of service outside the territorial jurisdiction of the Tribal Court may be made by declaration or affidavit of the individual who made the service or in the manner prescribed by the law of the place in which the service is made for an action in any of its courts of general jurisdiction.

(ii) Service by Mail. Proof of service by mail shall include a receipt signed by the addressee, a declaration that the mail was not returned to the sender undelivered for a period of 30 days, or other evidence of personal delivery to the addressee satisfactory to the Court.

(iii) Service by Publication. Proof of service by publication shall be made by the declaration or affidavit of the printer, publisher, foreman, principal clerk, or business manager of the newspaper showing the same, together with a printed copy of the summons as published.

(h) Amendment. At any time in its discretion and upon such terms as it deems just, the Court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued. [Ord. 49 § 2.3, 1-8-2010 (Res. 2010-10)].

2.10.040 Service for all other papers and pleadings.

(1) Service Generally. Every order required by its terms to be served, every written pleading subsequent to the original complaint, every written motion, and every written notice, appearance, demand, offer or judgment, or other paper shall be served upon all parties. No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons and complaint in TTC 2.10.030(2).

(a) Manner of Service. Whenever under these rules service of papers other than the complaint and summons is required or permitted, the rules governing the manner of service of such papers in the Superior Court of the State of Washington in and for Snohomish County shall govern.

(b) Filing. All papers after the complaint required to be served upon a party shall be filed with the Court either before service or within a reasonable time thereafter unless otherwise provided by the Court, and a reference shall be made to them in the record of the Court.

(2) Service of Subpoenas. Service of subpoena shall be made by Tribal Police Officer or other person appointed by the Court for such purposes, or by a competent person who is at least 18 years of age and not a party to the action. As soon as practicable, proof of service of subpoena shall be filed with the Clerk of Court indicating the date, time, and place of service. [Ord. 49 § 2.4, 1-8-2010 (Res. 2010-10)].

2.10.050 Parties.

(1) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest; but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought.

(2) Reasons for Nonjoinder of Omitted Persons. In any pleading in which relief is asked, the pleader shall set forth the names, if known to him, of persons who ought to be parties if complete relief is to be accorded between those already parties, but who are not joined, and shall state why they are omitted.

(3) Minors or Incompetent Parties.

(a) Minors. When a party is a minor, he shall appear by parent or legal guardian, or if he has no parent or legal guardian or in the opinion of the Court the parent or legal guardian is an improper person, the Court shall appoint a guardian ad litem.

(b) Incompetent Parties. When an incompetent person is a party to an action, he shall appear by guardian. If he has no guardian, or in the opinion of the Court the guardian is an improper person, the Court shall appoint one to act as guardian ad litem. When the incompetent person is plaintiff, a relative or friend shall make the application for a guardian. If no such application is made within the time he is to appear, application may be made by any party to the action. [Ord. 49 § 2.5, 1-8-2010 (Res. 2010-10)].

2.10.060 Third party practice.

(1) Timing.

(a) Service of Summons. A defendant may move, on notice to the plaintiff, for leave as a third party plaintiff to serve a summons and complaint upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff’s claim against him. If the motion is granted and the summons and complaint are served, the person so served, hereinafter called the third party defendant, shall make his defense to the third party plaintiff’s claim as provided in TTC 2.10.090 and his counterclaims against the third party plaintiff and cross-claims against other third party defendants as provided in TTC 2.10.110.

(b) Third Party Defendant Response. The third party defendant may assert against the plaintiff any defenses which the third party plaintiff has to plaintiff’s claim. The third party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third party plaintiff. The plaintiff may assert any claim against the third party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third party plaintiff, and the third party defendant thereupon shall assert his defenses as provided in TTC 2.10.090. A third party defendant may proceed under this section against any person not a party to the action who is or may be liable to him for all or part of the claim made in the action against the third party defendant.

(c) When Plaintiff May Bring in Third Party. When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this rule would entitle a defendant to do so.

(d) Tort Cases. This rule shall not be applied in tort cases so as to permit the joinder of a liability or indemnity insurance company, unless such company is, by statute or contract, directly liable to the person injured or damaged.

(2) Joinder of Persons Needed for a Just Adjudication. A person who is subject to service of process and whose joinder will not deprive the Court of jurisdiction over the subject matter of the action shall be joined as a party in the action if:

(a) In his absence complete relief cannot be accorded among those already parties; or

(b) He claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may:

(i) As a practical matter impair or impede his ability to protect that interest; or

(ii) Leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.

Subject to the provisions of subsection (5) of this section, persons having a joint interest shall be made parties and be joined on the same side as plaintiffs or defendants. When a person who should join as a plaintiff refuses to do so, he may be made a defendant or an involuntary plaintiff.

(3) Joinder of Claims and Remedies. The plaintiff, in his complaint or in reply setting forth a counterclaim, and the defendant in an answer setting forth a counterclaim, may join either as independent or as alternative claims as many claims, either legal or equitable, or both, as he may have against an opposing party. There may be a like joinder of claims when there are multiple parties and/or there may be a like joinder of cross-claims or third party claims if all the requirements of this chapter are met. Whenever a claim is one recognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action. The Court, however, shall grant relief in that action only in accordance with the relative substantive rights of the parties.

(4) Permissive Joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all of them will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any questions of law or fact common to all of them will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.

(5) Joinder Not Feasible. When persons who are not indispensable, but who ought to be parties if complete relief is to be granted between those already parties, have not been made parties and are subject to the jurisdiction of the Court as to both service of process and venue, the Court shall order them summoned to appear in the action. The Court, in its discretion, may proceed in the action without making such persons parties if its jurisdiction over them as to either service of process or venue can be acquired only by their consent or voluntary appearance, but the judgment rendered therein does not affect the rights or liabilities of absent persons.

(6) Misjoinder. Misjoinder of parties is not grounds for dismissal of an action. Parties may be dropped or added by order of the Court on motion of any party, or of the Court’s own initiative, at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.

(7) Interpleader. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not grounds for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical, but are adverse to and independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this section supplement and do not in any way limit the joinder of parties permitted under other sections.

(8) Intervention. A person desiring to intervene shall serve a motion to intervene upon all parties affected. The motion shall state the grounds for intervention and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The Tribes may intervene in any case where the interpretation of Tribal Constitution, ordinance, common law, or custom and tradition is a central issue.

(a) Intervention of Right. Upon timely application, anyone shall be permitted to intervene in an action when:

(i) An ordinance confers an unconditional right to intervene; or

(ii) When an applicant claims an interest that may not be adequately protected by the existing parties and the applicant is or may be bound by a judgment in the action; or

(iii) The applicant is so situated as to be adversely affected by a distribution or other disposition of property which is in the custody or subject to the control or disposition of the Court.

(b) Permissive Intervention. Upon timely application, anyone may be permitted to intervene in an action when:

(i) An ordinance confers a conditional right to intervene; or

(ii) An applicant’s claim or defense and the main action share a question of law or fact in common.

In exercising its discretion, the Court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. [Ord. 49 § 2.6, 1-8-2010 (Res. 2010-10)].

2.10.070 Substitution of parties.

(1) Death. If a party dies and the claim is not thereby extinguished, the Court may order substitution of the proper parties. The motion for substitution may be made by the successors or representatives of the deceased party or by any party, and together with the Notice of Hearing shall be served on the parties as provided for service of notices, and upon persons not parties, in the manner provided by this chapter for the service of a summons and complaint. If substitution is not made within a reasonable time, the action may be dismissed as to the deceased party.

In the event of the death of one or more of the plaintiffs or one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The fact of death shall be noted in the docket, and the action shall proceed in favor of or against the surviving parties.

(2) Incompetency. If a party becomes incompetent, the Court, upon motion served as provided in TTC 2.10.060(1), may allow the action to be continued by or against his representative.

(3) Transfer of Interest. In case of any transfer of interest, the action may be continued by or against the original party unless the Court, upon motion, directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subsection (1) of this section. [Ord. 49 § 2.7, 1-8-2010 (Res. 2010-10)].

2.10.080 General rules of pleading.

There shall be a complaint and an answer; a reply to a counterclaim; an answer to a cross-claim, if the answer contains a cross-claim; a third party complaint, if the Court allows a person who was not an original party to be summoned; and a third party answer, if a third party complaint is served. No other pleading shall be allowed.

(1) Form. Every pleading submitted to the Court shall be written and shall contain a caption setting forth the name of the Court, the title of the action, and the Court file number for the case if known to the person signing it. In a complaint, the title of the action shall include the names of all the parties, but in other written pleadings it is sufficient to state the name of the first party with an appropriate indication of other parties. When the plaintiff is ignorant of the name of the defendant, it shall be so stated in his pleading, and such defendant may be designated in any pleading or proceeding by any name, and when his true name shall be discovered, the pleading or proceeding may be amended.

(2) Signature. All pleadings, motions, and legal memoranda of a party represented by an attorney shall be dated and signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall date and sign his pleadings, motions, and legal memoranda and state his address. The signature of a party or an attorney constitutes a certificate that he has read the pleadings, motions, and legal memoranda and that, to the best of his knowledge, information, and good faith belief, there exist grounds to support it.

(3) Pleading to Be Concise and Direct. Pleadings and motions shall be stated so as to enable a person of common understanding to know what is intended. A party may set forth two or more statements of a claim or defense alternately or hypothetically, either in one count or defense or in separate counts or defense. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or equitable grounds or on both. All pleadings shall be so construed as to do substantial justice.

(4) Adoption by Reference – Exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part of that pleading for all purposes.

(5) Filing with the Court. The filing of pleadings and other papers shall be made by filing them with the Clerk. The filing date shall be noted at the time of filing.

(6) Time Computation. The time within which an act is to be done shall be computed by excluding the first day and including the last, unless the last day is a holiday or Sunday, and then it is also excluded. [Ord. 49 § 2.8, 1-8-2010 (Res. 2010-10)].

2.10.090 Response.

A defendant shall serve his answer on or before the time he is required to answer the complaint as stated in the summons. A party served with a pleading stating a cross-claim against him shall answer on the return date fixed in a notice which shall accompany the pleading. The plaintiff shall reply to a counterclaim not less than 20 days prior to trial.

(1) Timing of Response. A summons served within the Tribes’ territorial jurisdiction shall require the defendant to respond within 20 days from the date of service. A summons served upon a party outside the Tribes’ territorial jurisdiction shall require the defendant to respond within 30 days from the date of service if made within the State of Washington, or 60 days from the date of service if made outside the State of Washington.

(2) Form. The answer shall be written and shall state defenses, denials, and objections to each claim asserted in the complaint in any form which will enable a person of common understanding to know what is intended. If the defendant is without knowledge or information sufficient to form a belief as to the truth of a complaint or petition, he shall so state, and this has the effect of a denial.

(3) Content. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third party claim, shall be asserted by the responsive pleading, except that the following defenses may, at the option of the pleader, be made by motion:

(a) Lack of jurisdiction over the subject matter;

(b) Lack of jurisdiction over the person;

(c) Insufficiency of process;

(d) Insufficiency of service of process;

(e) Failure to state a claim upon which relief can be granted; and

(f) Failure to join an indispensable party.

A motion making any of these defenses shall be made before pleading is permitted, except that lack of subject matter jurisdiction can be raised by any party or by the Court at any time. No defense or objection is waived by being joined with one or more defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to the claim for relief. If, on a motion asserting failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the Court, the motion shall be treated as one for summary judgment and disposed of as provided in TTC 2.10.100(5), and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion.

(4) Affirmative Defenses. In a written answer to a complaint or cross-claim and in a written reply to a counterclaim, a party shall set forth affirmatively the following: accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppels, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the Court shall treat the pleading as if there had been a proper designation if justice so requires.

(5) Waiver of Defenses. A party waives all defenses and objections which he does not present in an answer or reply or by motion, except:

(a) The defense of failure to state a claim upon which relief can be granted, the defense of failure to join an indispensable party, and the objection of failure to state a legal defense to a claim may also be made by a later pleading if one is permitted, by motion for judgment on the pleadings, or at the trial on the merits; and

(b) Whenever it appears by suggestion of the parties or otherwise that the Court lacks jurisdiction of the subject matter, the Court shall dismiss the action.

(6) Effect of Failure to Deny. Any statements in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied by responsive pleading. [Ord. 49 § 2.9, 1-8-2010 (Res. 2010-10)].

2.10.100 Motions.

(1) Form of Motions. An application to the Court for an order shall be by written motion. A motion need not be in any special form, but must be such as to enable a person of common understanding to know what is intended. The general rules of pleading shall apply to all motions.

(a) Judicial Copy. A copy of any motion, response, or supporting documentation filed and served under this section shall be provided to the Judge at the time it is filed. The judicial copy shall contain the date and time of the hearing and the Judge assigned to the matter.

(2) Timing. A written motion, other than one which may be heard ex parte, and notice of the hearing shall be served not later than seven days before the time specified for the hearing as set by the Court. When a motion is supported by affidavit or other documentary evidence, it must be filed and served 14 days before the time specified for the hearing. Any written response shall be served not later than three days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the Court. Such an order may, for cause shown, be made on ex parte application.

(3) Motion for More Definite Statement. If a pleading to which a responsive pleading is permitted (for example, the complaint) is so vague or ambiguous that a person of common understanding cannot know what is intended, he may move for a more definite statement before interposing his responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the Court is not obeyed within 10 days after the order or within such other time as the Court may fix, the Court may strike the pleading to which the motion was directed or make such order as it deems just.

(4) Motion to Strike. A party may make a motion to strike for good cause.

(5) Motion for Summary Judgment.

(a) For Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim may, at any time after the expiration of the period within which the defendant is required to appear, or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part of the claim, counterclaim, or cross-claim.

(b) For Defending Party. A party against whom a claim, counterclaim, or cross-claim is asserted may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part of the claim, counterclaim, or cross-claim.

(c) Motion and Proceedings. The motion and supporting affidavits, memoranda of law, and any other supporting documentation shall be filed and served at least 28 days before the time fixed for the hearing as set by the Court. Any opposing affidavits shall be filed and served no later than 14 days prior to the hearing. Any counter response shall be filed and served no later than three days prior to the hearing. The judgment sought shall be rendered if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

(d) Case Not Fully Adjudicated on Motion. If on motion under the rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the Court, at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall, if practicable, ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall then make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action, the fact so specified shall be deemed established, and the trial shall be conducted accordingly.

(e) Form of Affidavits – Further Testimony – Defense Required. Supporting and opposing affidavit shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated. Sworn or certified copies of all papers or parts referred to in an affidavit shall be attached or served along with the affidavit. The Court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.

(f) When Affidavits Are Unavailable. Should it appear from the affidavits of a party opposing the motion that he cannot, for reasons stated, present by affidavit facts essential to justify his opposition, the Court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or deposition to be taken or discovery to be had or may make such other order as is just.

(g) Affidavits Made in Bad Faith. Should it appear to the satisfaction of the Court at any time that any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the Court shall order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorneys fees, and any offending party or attorney may be adjudged guilty of contempt.

(h) Form of Order. The order granting or denying the motion for summary judgment shall include the grounds for the ruling, including any documents and other evidence called to the attention of the Court before the order on summary judgment was entered.

(6) Motion for Shortening Time. The time for notice and hearing of a motion may be shortened only for good cause upon written application to the Court in conformance with this rule. A motion for order shortening time may not be incorporated into any other pleading. The Court may deny or grant the motion and impose such conditions as the Court deems reasonable. All other rules pertaining to confirmation, notice and working papers for the hearing on the motion for which time was shortened remain in effect, except to the extent that they are specifically dispensed with by the Court.

(a) Notice. As soon as the moving party is aware that he or she will be seeking an order shortening time, that party must contact the opposing party to give notice in the form most likely to result in actual notice of the pending motion to shorten time. The declaration in support of the motion must indicate what efforts have been made to notify the other side.

(b) Timing of Ruling. Except for emergency situations, the Court will not rule on a motion to shorten time until the close of the next judicial day following filing of the motion (and service of the motion on the opposing party) to permit the opposing party to file a response. If the moving party asserts that exigent circumstances make it impossible to comply with this requirement, the moving party shall contact the Bailiff of the Judge assigned the case for trial to arrange for a conference call, so that the opposing party may respond orally and the Court can make an immediate decision.

(c) Proposed Agreed Orders to Shorten Time. If the parties agree to a briefing schedule on motion to be heard on shortened time, the order may be presented by way of a proposed stipulated order, which may be granted, denied or modified at the discretion of the Court.

(7) Motion for Reconsideration. A motion for reconsideration shall be plainly labeled as such. The motion shall be filed within 10 judicial days after the order to which it relates is filed. The motion shall describe with specificity the matters which the movant believes were overlooked or misapprehended by the Court, any new matters being brought to the Court’s attention for the first time, and the particular modifications being sought to the Court’s prior ruling. Failure to comply with this subsection may be grounds for denial of the motion. The pendency of a motion for reconsideration shall not stay discovery or any other procedure mandated by these rules. [Ord. 49 § 2.10, 1-8-2010 (Res. 2010-10)].

2.10.110 Cross-claims and counterclaims.

(1) Mandatory. A pleading shall state any counterclaim the pleader has against any opposing party at the time of serving the pleading if:

(a) It arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and

(b) Does not require for its adjudication the presence of third parties of whom the Court cannot acquire jurisdiction. The pleader need not state the claim if:

(i) At the time the action was commenced, the claim was the subject of another pending action; or

(ii) The opposing party brought suit upon his claim by attachment or other process by which the Court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this section.

(2) Permissive. A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party’s claim.

(3) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.

(4) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the Court, be presented as a counterclaim by supplemental pleading.

(5) Omitted Counterclaim. When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may, by leave of Court, set up the counterclaim by amendment.

(6) Against Co-Party. A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-complainant.

(7) Set-Offs. To entitle a defendant to a set-off, he must set forth the same in his answer.

(a) Against Assignee. The defendant in a civil action upon a contract express or implied other than upon a negotiable promissory note or bill of exchange, negotiated in good faith and without notice before due which has been assigned to the plaintiff, may set off a demand of a like nature existing against the person to whom he was originally liable, or any assignee prior to the plaintiff, of such contract, provided such demand existed at the time of the assignment, and belonging to the defendant in good faith, before notice of such assignment, and was such a demand as might have been set off against such person to whom he was originally liable, or such assignee while the contract belonged to him.

(b) Against Beneficiary. If the plaintiff be a trustee to any other, or if the action be in a name of a plaintiff who has no real interest in the contract upon which the action is founded, so much of a demand existing against those whom the plaintiff represents or for whose benefit the action is brought may be set off as will satisfy the plaintiff’s debt, if the same might have been set off in an action brought by those beneficially interested.

(8) Counterclaims Against Tribal Entity – Recoupment. Counterclaims in recoupment only may be brought against the Tulalip Tribes, or any entity or corporation of the Tribes, only when such counterclaims satisfy all of the following conditions:

(a) The counterclaim must arise from the same transaction or occurrence as the Tribes’ (or Tribal entity’s) suit; and

(b) The relief sought by the counterclaim must be of the same kind or nature as the Tribes’ (or Tribal entity’s) requested relief; and

(c) Any damages sought cannot exceed the amount sought by the Tribes’ (or Tribal entity’s) claim. [Res. 2011-453; Ord. 49 § 2.11, 1-8-2010 (Res. 2010-10)].

2.10.120 Amended and supplemental pleadings.

(1) Prior to Trial. A party may amend a complaint, counterclaim, cross-claim, or third party complaint once as a matter of course at any time before a responsive pleading is made, or if the pleading is an answer or a reply to a counterclaim, he may so amend it at any time within 20 days after it is served; provided, that it is amended prior to trial. Otherwise, a party may amend his pleading only by leave of Court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within 10 days after service or notice of the amended pleading, whichever period may be longer, unless the Court otherwise orders.

(2) During or After Trial. When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to so amend does not affect the result of the trial of these issues.

If the evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the Court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be advanced thereby and the objecting party fails to satisfy the Court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The Court may grant a continuance to enable the objecting party to meet such evidence.

(3) Relating Back. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.

(4) Supplemental Pleadings. Upon motion of a party, the Court may, upon reasonable notice and upon such terms as are just, permit the moving party to serve or make a supplemental pleading setting forth transactions, occurrences, or events which have happened since the date of the pleading sought to be supplemented.

(5) Interlineations. No interlineations, corrections, or deletions shall be made in any paper after it is filed with the Clerk. Any such mark made prior to filing shall be initialed and dated by all persons signing the document. [Ord. 49 § 2.12, 1-8-2010 (Res. 2010-10)].

2.10.130 Preliminary injunctions and temporary restraining orders.

Within the context of any existing civil action, a temporary and/or ex parte order may be issued by the Court upon application by a party if the Court determines that justice so requires.

(1) Preliminary Injunctions.

(a) Grounds. Following a motion and opportunity for hearing, either on affidavits or on sworn testimony, the Court may enter a preliminary injunction restraining a party from taking certain action or requiring a party to take certain action, during the pendency of the lawsuit. A preliminary injunction may be entered only after an appropriate motion by a party after notice and an opportunity to be heard by the opposing party or parties. A preliminary injunction will only be issued on a showing that:

(i) From the specific facts proven, that immediate and irreparable damage, loss, or injury will result to the party requesting the relief during the pendency of the lawsuit;

(ii) From the specific facts proven, on balance, the party requesting relief will be more likely to suffer a more serious and irreparable harm than the party opposing the injunction; and

(iii) The party requesting relief has raised serious legal questions and demonstrated a likelihood of prevailing on the merits of his claims.

(b) Bond. The Court may, in its discretion, require the party seeking preliminary relief to post a bond to protect the party to be restrained, in the event that such relief is ultimately determined to be unjustified. No bond will be required of the Tulalip Tribes unless specifically allowed by ordinance or resolution of the Tulalip Tribes Board of Directors.

(2) Temporary Restraining Orders. A temporary restraining order may be granted without written or oral notice to the adverse party or his or her counsel only if:

(a) It clearly appears from specific facts shown by affidavit or verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his or her counsel can be heard in opposition; and

(b) The applicant or his or her counsel certifies to the Court in writing the efforts, if any, that have been made to give notice or the reasons supporting the claim that notice should not be required.

Every temporary restraining order granted without notice shall be endorsed with the date and shall expire by its terms within 10 days, or as the Court fixes.

(3) Restraining Orders. Domestic violence restraining orders and civil anti-harassment restraining orders are governed by Chapter 4.25 TTC. [Ord. 49 § 2.13, 1-8-2010 (Res. 2010-10)].

2.10.140 Pretrial procedures.

(1) Pretrial Scheduling Conference. The Court on its own motion, or by motion of either party, may call a pretrial scheduling conference after all the pleadings are complete. At that time, the Court may issue orders or set additional hearings to further the expeditious resolution of the case. Any defenses, whether made in a pleading or by motion, shall be heard and determined before trial on application of any party, unless the Court orders that the hearing and determination be deferred until the trial.

(2) Discovery. The Court shall have the absolute discretion to decide whether to permit any discovery procedures. In exercising such discretion, the Court shall consider whether all parties are represented by counsel, whether unreasonable delay in bringing the case to trial will result, and whether the interests of justice will be promoted. The taking of depositions or the requesting of admissions, the propounding of interrogatories and other discovery procedures may be available to a party only upon obtaining prior permission of the Court.

(3) Subpoenas. The Court shall issue subpoenas for the attendance of witnesses and the production of documents, either on its own motion or by the request of a party or Tribal Police. Subpoenas shall bear the signature of the issuing Judge, unless otherwise authorized by the Court.

(4) Pretrial Offer of Judgment. At any time more than five days before trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him from the money or property or the effect specified in his offer, with costs then accrued. If within five days after the service of the offer, the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance, together with proof of service, and the Court shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence of the unaccepted offer is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the cost and attorneys fees incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer.

(5) Work Product Exception. The following documents and information shall not be subject to discovery in any case in the Tulalip Tribal Courts or in any proceeding applying the law of the Tulalip Tribes:

(a) Trial Preparation Materials. A party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative (including the other party’s attorney, consultant, surety, indemnitor, insurer, or agent). Notwithstanding the above, such work product materials may be discovered if:

(i) They are otherwise discoverable under subsection (2) of this section; and

(ii) The party seeking such documents shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means.

(b) Protection Against Disclosure. If the court orders discovery of those materials, it must protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of a party’s attorney or other representative concerning the litigation. [Res. 2019-110; Ord. 49 § 2.14, 1-8-2010 (Res. 2010-10)].

2.10.150 Trial.

(1) Trial by Jury. There shall be no trial by jury in a civil case.

(2) Consolidation. When actions involving a common question of law or fact are pending before the Court, it may order a joint hearing or trial on any or all of the matters in issue. The Court, in furtherance of convenience or to avoid prejudice, may order a separate trial of any matter raised by the pleadings.

(3) Questions of Law and Fact. Issues of law shall be decided by the Judge. Issues of fact shall be decided by the jury, unless the matter is tried without a jury, in which case issues of fact shall also be submitted to the Judge. Parties may stipulate to factual issues and submit them for acceptance by the Court.

(4) Testimony. In all trials, the testimony of witnesses shall be taken orally in Court, unless otherwise provided by rule or statute.

(a) Refusal to Testify.

(i) If a party refuses to attend or testify at the trial after proper service of a subpoena, the complaint, answer, or reply of the party may be stricken and judgment taken against the party. The party may also be subject to contempt of Court.

(ii) If a witness refuses to attend or testify at the trial after proper service of a subpoena, a bench warrant may be issued by the Court.

(b) Counsel as Witness. No person shall appear before the Court as both counsel and witness in the same case.

(c) Witness Fees. Each witness answering a subpoena or appearing voluntarily shall be entitled to fees and mileage as set by resolution of the Tulalip Board of Directors.

(5) Default.

(a) Default Order. An order of default will enter against the defendant in the event of failure to respond to the summons in the manner or at the time specified by the summons. An order of default will also enter against any party who fails to appear at the time set for trial. If a party fails to respond to a motion filed with the Court and properly served, the motion may be granted.

(b) Default Judgment. Upon proper service and proof satisfactory to the Court, default judgment may be granted upon motion by a party. A judgment by default shall not be different in kind from or exceed in amount that which was prayed for in the demand for judgment. Default judgments may include reasonable attorneys fees and costs if permitted by law or written contract between the parties. The prevailing party shall notify the defendant of the entry of a default judgment by mailing a copy of the order and judgment to the defendant at his last known address within five days after entry of the judgment and filing proof of service.

(c) Setting Aside a Default. For good cause shown and upon such terms as the Court deems just, the Court may set aside an order of default or a default judgment. This section shall not limit the power of the Court to set aside a judgment, at any time, where the Court lacked jurisdiction to enter the judgment.

(6) Dismissal of Action. The provisions of this section apply to the dismissal of any original action, counterclaim, set-off, cross-claim, or third party claim.

(a) Voluntary Dismissal.

(i) Mandatory. An action may be dismissed when all parties who have appeared so stipulate in writing. An action may also be dismissed upon motion of the plaintiff at any time before the plaintiff rests at the conclusion of his or her opening case.

(ii) Permissive. After plaintiff rests following his or her opening case, plaintiff may move for a voluntary dismissal without prejudice upon good cause shown and upon such terms and conditions as the Court deems proper.

(iii) Counterclaim. If a counterclaim has been pleaded by a defendant prior to receiving service of plaintiff’s motion for dismissal, the action shall not be dismissed against the defendant’s objection unless the counterclaim can remain pending for independent adjudication by the Court.

(iv) Effect. Unless otherwise stated in the order of dismissal, the dismissal is without prejudice.

(v) Costs. The Court may impose costs, in its discretion.

(b) Dismissal on Clerk’s Motion.

(i) Notice. In all civil cases in which no action of record has occurred during the previous 12 months, the Clerk of the Court may notify counsel by mail that the Court will dismiss the case for want of prosecution unless, within 30 days following the mailing of such notice, a party takes action of record or files a status report with the Court indicating the reason for inactivity and projecting future activity and a case completion date. If the Court does not receive such a status report, it may, on motion of the Clerk, dismiss the case without prejudice and without cost to any party.

(ii) Other Grounds for Dismissal and Reinstatement. This rule is not a limitation upon any other power that the Court may have to dismiss or reinstate any action upon motion or otherwise.

(c) Motion to Dismiss. If the Court determines that the lawsuit was filed frivolously and without good faith, the Court may dismiss the matter and make any other rulings as appropriate.

(d) Imposition of Costs and Attorneys Fees. When a motion to dismiss is granted based on the frivolous nature of the pleadings, the Court shall impose costs against the appellant. Attorneys fees may be imposed, when provided by contract or other Tulalip law, in the discretion of the Court. [Ord. 49 § 2.15, 1-8-2010 (Res. 2010-10)].

2.10.160 Judgment.

Judgment includes a decree and any final order. Judgments shall be in writing, signed by the Court.

(1) Entry of Judgment. Upon the verdict of a jury, the Judge shall render judgment in accordance with the verdict. If the trial is by Judge, the Judge may make findings of fact and conclusions of law and shall enter judgment after the close of trial.

(2) Multiple Claims. When more than one claim for relief is presented in an action, the Court may direct the entry of a final judgment upon one or more, but less than all, of the claims.

(3) Cross-Claim – Counterclaim. If an original complaint is dismissed and a counterclaim or cross-claim has been alleged, trial and judgment may be had on the counterclaim or cross-claim, even if the original complaint has been dismissed or otherwise disposed of.

(4) Stay of Proceeding to Enforce Judgment. When the Court has ordered a final judgment on some but not all of the claims presented in the action, the Court may stay enforcement of the judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit to the party in whose favor the judgment is entered.

(5) Fixing and Collection of Costs. Upon judgment, costs will be assessed as established by the Court. Parties may request additional costs. In an exceptional case, the Court may waive costs. Costs may include: witness fees; cost of service of Court papers; and any other costs sustained by the parties in connection with the matter.

(6) Attorneys Fees. Attorneys fees may only be awarded in accordance with the provisions of Chapter 2.05 TTC.

(7) Effect of Collateral Benefits.

(a) In a civil action, when a party is awarded damages for bodily injury or death of a person which are to be paid by another party to the action, and the party awarded damages or person injured or deceased received benefits for the injury or death other than from the party who is to pay the damages, the Court may deduct from the amount of damages awarded, before the entry of a judgment, the total amount of those collateral benefits other than:

(i) Benefits which the party awarded damages, the person injured or that person’s estate is obligated to repay;

(ii) Life insurance or other death benefits; and

(iii) Retirement, disability and pension plan benefits, and Federal Social Security benefits.

(b) Evidence of the benefit described in subsection (7)(a) of this section and the cost of obtaining it is not admissible at trial, but shall be received by the Court by affidavit submitted after the verdict by any party to the action. [Res. 2010-353; Ord. 49 § 2.16, 1-8-2010 (Res. 2010-10)].

2.10.170 Relief from judgment or order.

(1) Clerical Error. Clerical mistakes in judgments, orders, or other parts of the record and errors arising from oversight or omission may be corrected by the Court at any time of its own initiative or on the motion of any party after such notice as the Court may order.

(2) Mistake, Inadvertence, Excusable Neglect, or New Evidence. On motion and upon such terms as are just, but no later than one year after the judgment or order at issue has been entered, the Court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:

(a) Mistakes, inadvertence, surprise, excusable neglect, or irregularity in obtaining a judgment or order;

(b) Erroneous proceedings against a minor or person of unsound mind, when the condition of such defendant does not appear in the record; or

(c) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial.

(3) Void Judgments, Fraud, or Death. On motion and upon such terms as are just, and within a reasonable time after the judgment or order at issue has been entered, the Court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:

(a) The judgment is void;

(b) The judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated;

(c) Unavoidable casualty or misfortune preventing the party from prosecuting or defending;

(d) Fraud;

(e) Death of one of the parties before judgment in the action; or

(f) Any other reason justifying relief from the operation of the judgment. [Ord. 49 § 2.17, 1-8-2010 (Res. 2010-10)].

2.10.180 Foreign judgments.

(1) Registration Procedure. Recognition, implementation, and enforcement of orders, judgments and/or decrees from courts other than the Tulalip Tribal Court shall be allowed in accordance with this chapter. The party shall register the order, judgment and/or decree with the Tulalip Tribal Court by filing a certified copy with the Tribal Court Clerk, and paying any necessary filing fee established by the Clerk. The registering party shall issue and serve a 30-day summons. Upon obtaining service on the judgment debtor or nonprevailing party in accordance with the provisions of this chapter and after the judgment debtor or nonprevailing party has failed to respond, the recognition, implementation, and enforcement of orders, judgment and/or decree shall be allowed. Enforcement of foreign orders, judgments, and/or decrees, when so ordered by the Tulalip Tribal Court, shall only be permitted as provided under Tulalip law.

(2) Hearing. Any party to such a foreign order, judgment, and/or decree registered with the Tribal Court may, within 30 days of the service of such order, judgment, and/or decree upon the other party, apply for hearing on the order, judgment, and/or decree before the Tribal Court. Upon such application, the Tribal Court shall hold a hearing to determine the validity of such order, judgment, and/or decree, and shall consider issues raised by the other party, including, but not limited to, the jurisdiction of the foreign court and whether such order, judgment, and/or decree is contrary to laws, both written and customary, of the Tulalip Tribes.

(3) Immunity. The provisions of this section shall not be construed to waive the immunity of the Tulalip Tribes, its Board of Directors, its agencies, enterprises, chartered organizations, corporations, or entities of any kind, and its officers, employees, agents, contractors and attorneys shall be immune from suit in the performance of their duties; except where the immunity of the Tribes or its officers and employees is expressly, specifically, and unequivocally waived by and in a Tulalip Tribal or Federal statute, a duly executed contract approved by the Tulalip Board of Directors, or a duly enacted ordinance or resolution of the Tulalip Board of Directors. [Ord. 49 § 2.18, 1-8-2010 (Res. 2010-10)].

2.10.190 Enforcement of judgments.

(1) Purpose. The general purpose of this section is to provide a fair and equitable means of collecting on debts, to protect the rights of creditors and debtors, and to better enable community members to secure credit by providing a process for creditors to collect on debts. The provisions of this section shall not limit the Court from applying applicable Tribal customs to disputes between Coast Salish peoples.

(2) Garnishment. The Tulalip Tribes adopts and incorporates as Tribal law the provisions of Chapter 6.27 RCW et seq., as presently constituted and hereafter amended or recodified, which shall authorize and govern garnishments, except that writs shall only be issued by Tulalip Tribal Court Judge or Clerk of the Tulalip Tribal Court. All references in the garnishment statute and forms to the State of Washington District or Superior Courts shall be changed to “Tulalip Tribal Court,” and references to “sheriff” shall be changed to “Tribal Police.” Where the Tulalip Tribes (including its entities and instrumentalities) is a garnishee defendant, in no event shall the Tulalip Tribes be liable for a default judgment, and in no event shall Tulalip Tribal funds be subject to judgment or execution in an amount that exceeds the amount of nonexempt wages or other funds subject to garnishment that are specifically held for or owing the defendant debtor. [Res. 2014-127; Ord. 49 § 2.19, 1-8-2010 (Res. 2010-10)].

2.10.200 Permitted garnishment against per capita payment.

Repealed by Res. 2014-240. [Res. 2013-187].