35.06.140 Initial Appearance

(a) A person served with a Complaint shall appear at the time and place stated in the Complaint, or prior to that time if so authorized by the court, and upon the directions contained in the Complaint admit or deny the allegations contained within the Complaint. In any civil action, the defendant may file a written response to the complaint, in lieu of a personal appearance; provided that the defendant so notifies the court not less than 24 hours before the scheduled Initial Appearance and that the court prior to the scheduled Initial Appearance receives the written response.

(b) For a civil complaint, if the defendant admits to liability for the acts complained of, the Court may immediately impose a penalty or set a separate hearing to establish a penalty. If the defendant denies liability, the proceedings used to adjudicate liability shall be in accordance with the Turtle Mountain Tribe Formal Rules of Civil Procedure. Upon a showing of substantial need and in the interests of justice, the court may order that the proceedings be held in accordance with the Turtle Mountain Tribe Informal Rules of Civil Procedure.

(c) Proceedings used to adjudicate criminal actions for violations of this Code shall be in accordance with the Turtle Mountain Tribe Rules of Criminal Procedure.