CHAPTER 1-2
SMALL CLAIMS
§ 1-2-1 Scope and Purpose
(a) The purpose of this chapter is to provide an alternative means of resolving disputes for the parties to appropriate civil law suits. Specifically, this chapter will allow individuals to save time and costs by reaching early resolution of cases in an informal setting without sacrificing the quality of justice.
(b) This chapter shall apply only to claims for money damages of $3,500 or less including interest or property disputes in which the property involved is valued at $3,500 or less. No appeal shall be available from the judge’s decision under this chapter and the losing party shall be responsible for the payment of court costs.
§ 1-2-2 Procedure
(a) A party may petition the Tribal Court for a hearing under this chapter or, at any time prior to trial, request that rather than continue with formal litigation proceedings the matter be submitted to small claims proceedings.
(b) A request or petition for small claims proceedings shall be submitted to the Tribal Court in writing, signed by the party submitting the request or petition and shall include:
(1) the names and addresses of the person(s) requesting the proceedings;
(2) the names and addresses of any other person(s) involved in the dispute that could contribute to resolution of the matter; and
(3) a short statement of the problem involved and the reason the proceedings are requested.
(c) If formal litigation proceedings have already been instigated and based upon the best interest of all parties involved and whether significant and complex issues of law exist, the judge, prior to the date set for trial:
(1) shall grant or deny a request for small claims proceedings; and
(2) may transfer an eligible case to small claims proceedings regardless of whether a request has been submitted.
§ 1-2-3 Mediation and Hearings (amendment to section adopted by NPTEC 5/28-29/02)
(a) Upon petition to the Court, all small claims proceedings are subject to mandatory court-ordered mediation established pursuant to NPTC chapter 1-3 prior to any hearing.
(b) If no agreement is reached through mediation, the Mediator shall file a written report signed by the parties with the Court stating that the parties were unable to reach an agreement and the clerk shall set a date for a small claims hearing within twenty (20) business days after the Mediator contacts the court. The date for hearing shall not be changed except for extreme and unanticipated emergencies as established in writing and approved by the judge assigned to the case. The Court shall issue a notice of the petition or request for transfer which shall be served upon the other party in the manner provided by the Rules of Civil Procedure.
(c) At least ten (10) business days prior to the hearing, each party shall submit a detailed summary of his position together with copies of all documents including medical reports, bills, records, photographs and any other materials supporting the party's claim to the opposing party by certified mail and the clerk of the Court.
(d) Each individual party shall attend the hearing in person. Corporations, governmental bodies, or other entities, shall be represented at the hearing by an officer or other person. Attorneys shall be barred from participating in any small claims proceedings. During the hearing, the parties may call and subpoena witnesses and present evidence on their behalf. Following the hearing, the Court shall decide the matter in dispute and issue a judgment.