2.02.090 [Rule 6] Commencement of a Lawsuit; Complaints; Proof of Service; Filing Fee; Summons

(a) To start a civil lawsuit in Tribal Court, a person shall first file a written complaint with the Court Clerk. The person who has filed the complaint shall be known as the plaintiff in the lawsuit. The complaint shall describe the injury or breach the plaintiff is complaining of, name or describe the person responsible for such injury or breach, who shall be known as the defendant, and state the relief requested. The plaintiff shall sign the complaint and have the document notarized. If a person is unable to prepare a written complaint, the Clerk may help that person complete a complaint form provided by the Rules of the Court.

(b) After the plaintiff has filed the complaint, the Clerk shall issue a summons directing the defendant to answer the complaint within twenty (20) days of the time the defendant receives the complaint and summons. The summons shall be on the official form provided by the Rules of the Court. The summons must notify the defendant that a failure to appear and defend will result in a default judgment being entered against the defendant for the relief demanded in the complaint.

(c) Within sixty (60) days after plaintiff files a civil complaint, plaintiff shall cause a copy of the complaint, together with the summons, to be served upon (delivered to) each defendant named in the complaint. The complaint and summons must be served by a person eighteen (18) or more years old who has no stake in the outcome of the lawsuit. It may be served either by giving it to the defendant directly or by leaving it at a defendant's residence or place of employment with a person at least fourteen (14) years old who lives or works there.

(d) The person who delivers the complaint shall sign and file a proof of service with the Clerk. The proof of service shall indicate the type of document served, the date and place of service, and the name of the person served, and shall be on the form provided for that purpose by the Rules of the Court. This shall be done within thirty (30) days from the date of service.

(e) Every person who files a civil lawsuit shall pay a filing fee to be established by the Rules of the Court.