2.13.060 Permission to Appeal

Any party aggrieved by any final judgment or other final order of the Tribal Court, shall, within thirty (30) days after the day such judgment or order was rendered, file with the Clerk of the Court of Appeals, a request in writing asking for permission to take an appeal from such judgment or order, together with a filing fee of five dollars ($5). Such request shall set forth the reasons for the appeal, which may include but need not be limited to the following:

(a) Irregularity in the proceedings of the Court, jury, or adverse party or any order of the Court or abuse of discretion by which either party was prevented from having a fair trial;

(b) Misconduct of the jury, and whenever anyone (1) or more of the jurors have been induced to assent to any general or special verdict or to a finding on any question submitted to them by the Court;

(c) Surprise which ordinary foresight could not have guarded against;

(d) Newly discovered evidence which could not, with reasonable care, have been discovered and produced at the trial;

(e) Excessive or inadequate damages appearing to have been given under the influence of passion or prejudice;

(f) Insufficiency of the evidence to justify the verdict or other decision, or that which is against the law;

(g) Error of law occurring at the trial as in ruling on the admission of evidence or in charging the jury.

The Clerk of Court shall enter such request on the docket and forward the request, together with a copy of the docket, to the Chief Judge. The Chief Judge shall then assign the case to the presiding judge and forward the request, together with a copy of the docket, to the presiding judge. If the presiding judge thinks the reasons stated show just cause for review of the decision of the Tribal Court, he shall permit the appeal and the Chief Judge shall assign the other judges. The presiding judge of the Appellate Court shall set the case for trial at the next term of court. If there are less than thirty (30) days between the granting of permission to appeal and the next term of court, such trial shall be set for the succeeding term of court. Within five (5) days after the date of the trial has been set, the Clerk of the Court of Appeals shall, by registered letter, give notice to all parties to the litigation in the Tribal Court of the pending appeal, the date of trial and any orders of the judge pertaining to such appeal.