4.04.020 Affidavit of Claim and Delivery Required; Contents; Endorsements or Immediate Delivery

When an immediate delivery is claimed, an affidavit must be made by the plaintiff or by someone in his behalf stating that the plaintiff is the owner of the property claimed, is lawfully entitled to the possession of it, or that he had a lawful lien against such property, payment of which is in default; the facts of such ownership or right to possession must be set forth along with a detailed description of the property; and that the property is wrongfully detained by the defendant; and the alleged cause of the detention of the property, according to his best knowledge, information, and belief; and that the property has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff, or, if so seized, that it is by law exempt from such seizure; and the actual value of the property. The plaintiff, after completing, endorsing and swearing to the truth of the affidavit before some authorized by law to administer oaths, may request any Tribal or Bureau police officer to take the property from the defendant and deliver it to the plaintiff.