Saint Regis Mohawk Tribe Law Library
Saint Regis Mohawk Tribal Code of Law.

2.05.050 [Rule 3] Filing and Service

(a) Filings; Form of Papers; Number of Copies.

All papers required or permitted to be filed in the Appellate Court shall be filed with the Clerk of the Appellate Court. All papers filed shall be typewritten and double spaced. Quotations may be single spaced. The paper shall contain a caption stating the Saint Regis Mohawk Tribal Appellate Court, the title of the case, the case number and a brief descriptive title. All filings, except those provided by Section 2.05.100, Rule 8, shall consist of an original and four (4) copies. Filing may be accomplished by certified mail addressed to the Clerk, but filing shall not be made timely unless the papers are received and stamped by the Clerk within the time scheduled for filing.

(b) Service of All Papers Required; Notice By the Court Manner of Service

Copies of all papers filed by any party shall be served by a party or person acting for him or her, who is over the age of eighteen (18), on all other parties to the appeal at or before the time of filing. This Rule shall not apply to the transcript filed pursuant to Section 2.05.100, Rule 8. Service may be personal or by mail. Personal service includes delivery of the copy to counsel, or a clerk, or other responsible person over the age of eighteen (18) at the office of counsel, or to any pro per party. Service by mail is complete upon mailing. Service of copies of notice and papers that the Clerk of the Appellate Court must serve on parties to the appeal shall also be made in accordance with the foregoing.

(c) Proof of Service

Papers presented for filing shall contain an acknowledgement of service by the person served, or proof of service in the form of a statement of the date and manner of service and of the name of the person served, signed by the person who made service. Proof of service may appear on or be annexed to the paper filed.

(d) Service on Attorney or Guardian Ad Litem; Substitution; Notice.

Attorneys or guardians ad litem in the Court or at the administrative hearing will be deemed attorneys and guardians ad litem of the same parties in the Appellate Court until a substitution is made or there has been an appropriate withdrawal. Service of notices, briefs and all paper shall be made, when appropriate under these Rules, on such attorneys or guardians ad litem until a substitution is made and notice given to all other parties.