WINNEBAGO TRIBAL CODE TABLE OF CONTENTS WINNEBAGO TRIBE OF NEBRASKA TRIBAL CODE 7 HEALTH, SAFETY, AND WELFARE 10 GENERAL REVENUE AND TAX CODE

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1 WINNEBAGO TRIBE OF NEBRASKA TRIBAL CODE TITLE DESCRIPTION 1 COURT RULES 2 CIVIL PROCEDURE 3 CRIMINAL CODE 4 JUVENILE PROCEDURE 5 TRIBAL GOVERNMENT 6 CIVIL TRAFFIC CODE 7 HEALTH, SAFETY, AND WELFARE 8 NATURAL RESOURCES 9 GAMING 10 GENERAL REVENUE AND TAX CODE 11 BUSINESS CORPORATION CODE 11A 11B BUSINESS REGULATION AND ECONOMIC DEVELOPMENT LIMITED LIABILITY COMPANY CODE 12 FAMILY RELATIONS 13 TRIBAL EMPLOYMENT RIGHTS ORDINANCE (TERO) [REPEALED] 14 PROBATE 15 UTILITIES 16 CIVIL TRESPASS 17 INTERESTS IN REAL PROPERTY 18 GUARDIANSHIP AND CONSERVATORSHIP i

2 TITLE 1 COURT RULES (As redesignated July 1, 1989) ARTICLE 1 PRELIMINARY PROVISIONS Authorization Juvenile jurisdiction Definitions Law to be applied Territorial jurisdiction Exclusive jurisdiction Criminal jurisdiction Constitutional authority Personal jurisdiction Name of Code Jurisdiction over property Prior inconsistent ordinances repealed General subject matter jurisdictionlimitations Amendment of Code Civil jurisdiction. TITLE 1 ARTICLE 2 ESTABLISHMENT OF COURTS Judges and other Court Personnel Trial Court established Notice of orders or judgments Court of appeals. Appeal of right Tribal Court judges Books and records kept by the clerk and entries therein Minimum qualifications of Judge of the Stenographic report or transcript as Tribal Court Change in qualifications. evidence Judgment docket Manner of selection of Tribal Judges Execution docket Term of office Clerk may collect judgment and costs Compensation of judges Clerk to issue writs and orders Oath of office Clerk to file and preserve papers Duties and powers of judges Each case to be kept separate Disqualifications of judges Endorsements Removal of judges Entry on return of summons Decisions Material for record Records Memorializing record Files Motion day Clerk to keep Court records, books, and papers, statistical and other information Court clerk establishment Clerk as department director Applicable to all Courts within Tribe s jurisdiction Powers and duties Bonds Oath of clerks Probation and parole officers Seal Creation of prosecutor s office Certification of true copies Functions of the prosecutor(s) Clerk to serve Tribal and all other Courts Creation of defender s office Courts always open Functions of the defender(s) Trials and hearing orders in chambers Clerk s office and orders of the clerk. ii

3 TITLE 1 ARTICLE 3 WINNEBAGO SUPREME COURT RULES OF APPELLATE PROCEDURE APPLICABILITY OF RULES Rule 1 Scope of rules. Rule 24 Proceedings in forma pauperis. Rule 2 Suspension of rules. Rule 25 Filing and service. Rule 3 Appeal as of right how taken. Rule 26 Computation and extension of time. Rule 4 Appeal as of right when taken. Rule 27 Motion. Rule 5 Reserved for provisions relating to interlocutory appeals in civil actions. Rule 28 Briefs. Rule 29 Brief of an amicus curiae. Rule 6 Reserved for provisions relating to interlocutory appeals in criminal actions. Rule 30 Appendix to the briefs. Rule 31 Filing and service of briefs. Rule 7 Bond for costs on appeal in civil cases. Rule 32 Form of briefs, the appendix, and Rule 8 Stay or injunction pending appeal. other papers. Rule 9 Release in criminal cases. Rule 33 Prehearing conference. Rule 10 The record on appeal. Rule 34 Oral argument. Rule 11 Transmission of record. Rule 35 Determination of causes by the Rule 12 Docketing the appeal; filing the record. court en banc. Rule 13 Reserved. Rule 36 Entry of judgment. Rule 14 Reserved. Rule 37 Interest on judgments. Rule 15 Reserved. Rule 38 Damages for delay. Rule 16 Reserved. Rule 39 Costs. Rule 17 Reserved. Rule 40 Petition for rehearing. Rule 18 Reserved. Rule 41 Issuance of mandate. Rule 19 Reserved. Rule 20 Reserved. Rule 21 Writs. Rule 42 Voluntary dismissal Rule 43 Substitution of parties. Rule 44 Cases involving constitutional or Rule 22 Habeas corpus proceedings. Rule 23 Custody of prisoners in habeas corpus proceedings. Indian civil rights act question where the Winnebago Tribe is not a party. TITLE 1 ARTICLE 4 COUNSELORS AND PROFESSIONAL ATTORNEYS Lay counsel Disbarment and discipline Right to be represented by an attorney Eligibility for admission Standards of conduct and obligations for attorneys and lay counsel Procedure for admission Oath of attorneys and lay counselors. iii

4 TITLE 1 ARTICLE 5 CONTEMPTS Acts or failures to act which contribute contempt of Court Civil contempt Criminal contempt Contempt procedure. TITLE 1 ARTICLE 6 SELECTION OF JURORS Eligibility for jury selection Power to excuse jurors Jury lists Compensation to jurors Jury panel selection procedures. TITLE 1 ARTICLE 7 JUDICIAL CONDUCT Adoption of Code of Judicial Conduct Canon Canon Canon Canon Canon Canon Compliance with Code of Judicial Conduct Canon 4. TITLE 1 ARTICLE 8 BONDS AND SURETIES Justification of surety False valuation penalty Qualifications of surety Real estate mortgage as bond Action by Tribe or Tribal department no bond required Valuation of real estate Appearance bond enforcement. iv

5 TITLE 1 ARTICLE 9 MISCELLANEOUS Deputy may perform official duties Repealed by TCR Affirmation Copies of laws Publication in patent insides Cooperation by federal employees Action on official bond Effect of prior decisions of the Court May be several actions on same security Immaterial errors to be disregarded Judicial review of legislative and executive actions Payments into Court for minors and incompetents Action when no procedure provided Adoption by reference not a waiver of Conserving moneys obtained for minors sovereign power of the Tribe. or incompetent persons Sharing of judicial officers Sharing of other judicial personnel Sharing of material resources Principles of construction Sharing of financial resources Actions by or against Tribe or its officers Actions by or against Tribe or its officers or employees. TITLE 1 ARTICLE 10 OFFICE OF THE GENERAL COUNSEL Office established Engagement of outside legal counsel Duties Title of Attorney General Delegation of duties. TITLE 1 ARTICLE 11 TRADITIONAL WELLNESS COURT (Amended August 29, 2011) Construction Powers and duties of Traditional Wellness Purpose. Court Panel Members Traditional Wellness Court established Powers and duties of the Traditional Personal and subject matter jurisdiction. Wellness Court Coordinator Appointment of Wellness Court Panel Intake process. Members Procedures Referral process Records and confidentiality Reports to Tribal Court Completion of Proceedings Nature of cases to be decided by the Traditional Wellness Court Destruction of Records Appeals. v

6 TITLE 1A WINNEBAGO RULES OF EVIDENCE As amended March 1, (Redesignated February 24, 1994) ARTICLE 1A GENERAL PROVISIONS Rule 1A-101 Scope. Rule 1A-105 Limited admissibility. Rule 1A-102 Purpose and construction. Rule 1A-106 Remainder of or related Rule 1A-103 Rulings on evidence. writings or recorded statements. Rule 1A-104 Preliminary questions. TITLE 1A ARTICLE 2 JUDICIAL NOTICE Rule 1A-201 Judicial notice of adjudicative facts. TITLE 1A ARTICLE 3 PRESUMPTIONS Rule 1A-301 Presumptions in general in civil actions and proceedings. Rule 1A-302 Applicability of state law in civil actions and proceedings. TITLE 1A ARTICLE 4 RELEVANCY AND ITS LIMITS Rule 1A-401 Definition of relevant evidence. Rule 1A-406 Habit; routine practice. Rule 1A-402 Relevant evidence generally Rule 1A-407 Subsequent remedial measures. admissible; irrelevant evidence inadmissible. Rule 1A-408 Compromise and offers to compromise. Rule 1A-403 Exclusion of relevant evidence on grounds of prejudice, confusion, or Rule 1A-409 Payment of medical and similar expenses. waste of time. Rule 1A-410 Inadmissibility of pleas, offers of Rule 1A-404 Character evidence: not admissible pleas, and related statements. to prove conduct; exceptions; other Rule 1A-411 Liability Insurance. crimes. Rule 1A-412 Sex offenses cases: relevance of Rule 1A-405 Methods of proving character. victim s past behavior. TITLE 1A ARTICLE 5 [RESERVED] vi

7 TITLE 1A ARTICLE 6 WITNESSES (Revised March 9, 2011) Rule 1A-601 General rule of competency. Rule 1A-610 Religious beliefs or opinions. Rule 1A-602 Lack of personal knowledge. Rule 1A-611 Mode and order of interrogation Rule 1A-603 Oath or affirmation. and presentation. Rule 1A-604 Interpreters. Rule 1A-612 Writing used to refresh memory. Rule 1A-605 Competency of judge as witness. Rule 1A-613 Prior statements of witnesses. Rule 1A-606 Competency of juror as witness. Rule 1A-614 Calling and interrogation of Rule 1A-607 Who may impeach. witnesses by Court. Rule 1A-608 Evidence of character and Rule 1A-615 Exclusion of witnesses. conduct of witness. Rule 1A-616 Patient/Client - Rule 1A-609 Impeachment by evidence of conviction of crime. Physician/Counselor Privilege. TITLE 1A ARTICLE 7 OPINION AND EXPERT TESTIMONY Rule 1A-701 Opinion testimony by lay Rule 1A-704 Opinion on ultimate issue. witnesses. Rule 1A-705 Disclosure of facts or data Rule 1A-702 Testimony by experts. underlying expert opinion. Rule 1A-703 Bases of opinion testimony by experts. Rule 1A-706 Court appointed experts. TITLE 1A ARTICLE 8 HEARSAY Rule 1A-801 Definitions. Rule 1A-805 Hearsay within hearsay. Rule 1A-802 Hearsay rule. Rule 1A-806 Attacking and supporting Rule 1A-803 Hearsay exceptions; availability of credibility of declarant. declarant immaterial. Rule 1A-804 Hearsay exceptions; declarant unavailable. TITLE 1A ARTICLE 9 AUTHENTICATION AND IDENTIFICATION Rule 1A-901 Rule 1A-902 Requirement of authentication or identification. Self-authentication. Rule 1A-903 Subscribing witness testimony unnecessary. vii

8 TITLE 1A ARTICLE 10 CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS Rule 1A-1001 Definitions. Rule 1A-1002 Requirement of original. Rule 1A-1003 Admissibility of duplicates. Rule 1A-1004 Admissibility of other evidence of contents. Rule 1A-1005 Public records. Rule 1A-1006 Summaries. Rule 1A-1007 Testimony or written admission of party. Rule 1A-1008 Functions of Court and jury. TITLE 1A ARTICLE 11 MISCELLANEOUS RULES Rule 1A-1101 Applicability of rules. Rule 1A-1102 Amendments. Rule 1A-1103 Title. viii

9 TITLE 1B RULES OF CRIMINAL PROCEDURE (Redesignated February 24, 1994) ARTICLE 1 SCOPE, PURPOSE, AND CONSTRUCTION Rule 1B-101 Scope, purpose and construction. TITLE 1B ARTICLE 2 PRELIMINARY PROVISIONS Rule 1B-201 Prosecution of offenses. Rule 1B Time computations. Rule 1B-202 Rights of defendant. Rule 1B-204 Extradition. Rule 1B-203 Limitation of prosecution. TITLE 1B ARTICLE 3 PROCEEDINGS BEFORE TRIAL Rule 1B-301 The complaint. Rule 1B-308 Bail. Rule 1B-302 Arrest warrant or summons to Rule 1B-309 Joinder. appear: contents; service. Rule 1B-310 Pleas. Rule 1B Service of arrest warrants and summons. Rule 1B Withdrawing guilty plea. Rule 1B Plea Bargaining. Rule 1B Citation instead of arrest. Rule 1B-311 Pleading and motions before trial: Rule 1B-303 Search and seizure. defenses and objections. Rule 1B-304 Arrest. Rule 1B-312 Joinder of offenses. Rule 1B Arrest in hot pursuit. Rule 1B-313 Discovery and inspection. Rule 1B Limitations on arrest in the home. Rule 1B-314 Subpoena. Rule 1B Notification of rights. Rule 1B-315 Dismissal. Rule 1B Telephone calls. Rule 1B-305 Arraignment. Rule 1B-306 Pre-trial divers. Rule 1B-307 Commitments. ix

10 TITLE 1B ARTICLE 4 TRIAL Rule 1B-401 Trial by jury or by the Court. Rule 1B-408 Motion for judgment of acquittal; Rule 1B-402 Trial jurors. directed verdict. Rule 1B-403 Order of trial. Rule 1B-409 Instructions. Rule 1B-404 Trial by judicial panel. Rule 1B-410 Verdict. Rule 1B-405 Judge disability. Rule 1B-411 Regulation of conduct in the Rule 1B-406 Evidence. Courtroom. Rule 1B-407 Expert witnesses and interpreters. Rule 1B-412 Harmless error and plain error. TITLE 1B ARTICLE 5 JUDGMENT (As revised February 19, 2014) Rule 1B-50l Judgment. Rule 1B-505 Arrest of judgment. Rule 1B-502 Sentence. Rule 1B-506 Correction or reduction of Rule 1B-503 General sentencing provisions. sentence. Rule 1B-504 New trial. Rule 1B-507 Clerical mistakes. TITLE 1B ARTICLE 6 APPEAL Rule 1B-601 Right of appeal; how taken. Rule 1B-602 Stay of judgment and relief pending review. TITLE 1B ARTICLE 7 MISCELLANEOUS PROVISIONS (As revised February 19, 2014) Rule 1B-701 Continuance. Rule 1B-707 Bail schedule for Class III Rule 1B-702 Disbursement of money and offenses. valuables collected. Rule 1B-708 Diversion and probation costs. Rule 1B-703 Habeas corpus. Rule 1B-709 Sex offenders. Rule 1B-704 Disposition of seized property. Rule 1B-710 Additional findings for sex Rule 1B-705 Designation of offenses. offenses. Rule 1B-706 Maximum fines and sentences, payment schedules; credit. x

11 TITLE 1C ARTICLE 1 TRIBAL CHILD SUPPORT GUIDELINES Rule 1C-101 Guidelines Adopted. Rule 1C-114 Split Custody. Rule 1C-102 Table. Rule 1C-115 Joint Physical Custody. Rule 1C-103 Purpose. Rule 1C-116 Alimony. Rule 1C-104 Temporary and Permanent Support. Rule 1C-117 Child-Care Expenses. Rule 1C-105 Rebuttable Presumption. Rule 1C-118 Child(ren) s Health Insurance Rule 1C-106 Total Monthly Income. and Nonreimbursed Health Rule 1C-107 Deductions. Care Expenses. Rule 1C-108 Monthly Support. Rule 1C-119 Modification. Rule 1C-109 Parent's Monthly Share. Rule 1C-120 Basic Subsistence Limitation. Rule 1C-110 More Than One Child. Rule 1C-121 Limitation on Increase. Rule 1C-111 Minimum Support. Rule 1C-122 Limitation on Decrease. Rule 1C-112 Non-Cash Support. Rule 1C-123 Maintenance and Review of Rule 1C-113 Visitation or Parenting Time Adjustments. Guidelines. xi

12 TITLE 1D BANISHMENT AND EXCLUSION CODE Adopted June 16, 2010 Redesignated June 21, 2010 Repealed July 5, 2016 [TCR ; ; ] xii Revised July 2016

13 TITLE 2 CIVIL PROCEDURE (As redesignated February 24, 1994) ARTICLE 1 GENERAL PROVISIONS Scope of this Act Declaratory judgment Jurisdiction in civil actions Court costs not charged to Tribe Title of this Act Effect of previous Court decisions Force of the Tribal common law C.F.R. not applicable Definitions Laws applicable to civil action No effect upon sovereign immunity Court action when no procedure provided. TITLE 2 ARTICLE 2 COMMENCEMENT OF ACTION; PLEADINGS, MOTIONS AND ORDERS Commencement of action Final dismissal on failure to amend One form of action Counterclaim and cross-claim Claim defined Counterclaim: effect of the statute of Notice of pendency of action. limitations Notice of pendency contingent upon Counterclaims against assigned claims. service Third-party practice Special notice for actions pending in other Amended and supplemental pleadings. Courts Pre-trial procedure; formulating issues Pleadings allowed; form of motions Lost pleadings General rules of pleading Tenders of money or property Pleading special matters Dismissal of actions Form of pleadings, motions, and briefs Signing of pleadings Defenses and objections when and how presented--by pleadings or motions-- motion for judgment on the pleadings. xiii

14 TITLE 2 ARTICLE 3 PROCESS, SUMMONS, FILING OF PLEADINGS AND OTHER PAPERS Issuance of summons Service pursuant to Court order Form of summons Summons and complaint; person to be Who may serve process personally. served Service of process by mail Effect of service of some of several Service by publication. defendants Publication service upon parties and the Service upon party not inhabitant of or unknown successors of named parties. found within the territorial limits of the Publication notice for recovery of money. reservation Publication notice in quiet title actions Territorial limits of effective service Completion of publication service Return of service of process Entry of default on party served by Alternative provisions for service in a publication. foreign country Vacating default judgments where service Subpoena. is by publication Summons; time limit for service Certain technical errors not grounds for Service and filing of pleadings and other vacating judgment Meaning of successors for publication purposes Minimum contacts required for effective long arm service Consent is effective substitute for service. papers Time General cases in which extraterritorial service authorized Legal newspaper. TITLE 2 ARTICLE 4 PARTIES Parties plaintiff and defendant: capacity Interpleader Joinder of claims, remedies, and actions Class actions Joinder of persons needed for just adjudication Derivative actions by shareholders and members Permissive joinder of parties Intervention Misjoinder and non-joinder of parties Substitution of parties. xiv

15 TITLE 2 ARTICLE 5 DEPOSITIONS AND DISCOVERY General provisions governing discovery Interrogatories to parties Depositions before action or pending appeal Persons before whom depositions may be taken Stipulations regarding discovery procedure Requests for admission Depositions upon oral examination Depositions upon written questions Use of depositions in Court proceedings Production of documents and things and entry upon land for inspection and other purposes Physical and mental examination of persons Failure to make or cooperate in discovery: sanctions. TITLE 2 ARTICLE 6 WITNESSES Issue and service of subpoena for Requisites of attachment--order of witnesses. commitment Subpoenas--contents Examination of prisoner Subpoena for deposition Prisoner s custody during examination Subpoena for agency hearings Witness privileged Witness may demand fees--exception Disobedience of subpoena Witness may demand fees each day-- exception Attachment of witness Special provisions for Tribal agencies Punishment for contempt Discharge when imprisonment illegal. TITLE 2 ARTICLE 6, WITNESSES SUBPART A TESTIMONY UNDER PRIVILEGE AGAINST PROSECUTION Privilege for committee testimony Disgrace as ground for refusal to testify Procedure for claiming privilege Prosecution Oaths Fees and mileage Penalties. xv

16 TITLE 2 ARTICLE 7 JURORS Meeting for selection of jurors On-call system jurors Court clerk s jury selection roll Drawing trial jurors from panel Preparation of jury wheel Qualifications and exemptions of jurors Drawing general jury panel Substantial compliance Use of a jury panel Oath to jury Certifying and sealing lists Oath and delivery of envelopes Sealing and retaining juror name cards Civil liability--damages Refilling wheel Summoning jurors Discharge of employee for jury service-- penalty. TITLE 2 ARTICLE 8 TRIAL Trial defined Trial by jury or by the Court Trial of issues Assignment of cases for trial Jury trial of right Consolidation; separate trials. TITLE 2 ARTICLE 8, TRIAL SUBPART A IMPANELING JURY Summoning jury Challenges to jurors filling vacancies Causes for challenging jurors Alternate method of selecting jury Examination of jurors Oath of jury Alternate jurors Juries of less than six-majority verdict Order of challenges. xvi

17 TITLE 2 ARTICLE 8, TRIAL SUBPART B TRIAL PROCEDURES Order of trial Admonition of jury on separation Taking of testimony Information after retirement Exceptions unnecessary When the jury may be discharged Instructions to jury objection Re-trial Uniform jury instructions Proof of official record Objections to instructions--copies to parties View by jury Deliberation of the jury Determination of foreign law Appointment and duties of masters. TITLE 2 ARTICLE 8, TRIAL SUBPART C VERDICT Findings by the Court Special verdict and interrogatories Delivery of verdict Jury must assess amount of recovery Requisites of verdicts General and special verdict Motions for a directed verdict and for judgment notwithstanding the verdict. TITLE 2 ARTICLE 8, TRIAL SUBPART D MISCELLANEOUS TRIAL PROVISIONS Provisions applicable to trials by Court Time of trial Trial docket Continuances Trial docket for bar Trial by judicial panel Order of trial of cases docketed Bifurcated jury trials. xvii

18 TITLE 2 ARTICLE 9 PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS Seizure of person or property Security--proceedings against sureties Receivers appointed by Tribal Courts Execution Deposit in Court Process in behalf of and against persons not parties. TITLE 2 ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS SUBPART A INJUNCTIONS Injunction defined Security Cause for injunction temporary Use of affidavits. restraining order Injunction by defendant Temporary restraining order; notice; Injunction is equitable. hearing; duration Modification of preliminary injunction Temporary restraining order--service Modification of permanent injunction Preliminary injunction Injunctions tried to the Court Preliminary injunction--criteria Enforcement of restraining orders and Form and scope of injunction or restraining injunctions. order Employer and employee; interpleader; constitutional cases. TITLE 2 ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS SUBPART B REPLEVIN Order of delivery--procedure Exception to sureties Penalty for damage of property subject to order of delivery Proceedings on failure to prosecute action Judgment--damages--attorney fees Undertaking in replevin Officer may break into building Replevin bond--value Compelling delivery by attachment Order of delivery Improper issue of order of delivery Order returnable Execution or order Joinder of cause of action for debt--stay of judgment Re-delivery on bond. xviii

19 TITLE 2 ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS SUBPART C ATTACHMENT Grounds for attachment Order of execution Attachment affidavit Execution of attachment order Attachment bonds Service of order Order of attachment Re-delivery on bond When returnable. TITLE 2 ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS SUBPART D GARNISHMENT (As adopted November 17, 2010) Garnishment in aid of execution; when issued; procedure; court order; continuing lien; when invalid Priority of garnishments and liens Service upon garnishee; notice; hearing Answer; interrogatories; response; objections; contempt; hearing Exemptions from garnishment. TITLE 2 ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS SUBPART E PROVISIONS RELATING TO ATTACHMENT AND GARNISHMENT (Reserved) TITLE 2 ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS SUBPART F RECEIVERS Appointment of receiver Disposition of property litigated Persons ineligible Punishment for disobedience of Court Oath and bond Vacation of appointment by appellate Powers of receiver. Court Investment of funds. xix

20 TITLE 2 ARTICLE 9, PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS SUBPART G EMINENT DOMAIN Who may exercise authority Appearance or answer What property may be condemned by Amendment of pleadings. eminent domain Substitution of parties Condemnation of property Dismissal of action Complaint Deposit and its distribution Process in eminent domain Costs. TITLE 2 ARTICLE 10 JUDGMENT Judgment; costs Reserved Default Judgment against infant Offer of judgment Judgments as liens Judgment for specific acts--vesting title Discharge of money judgment liens Summary judgment Additional case deposits Declaratory judgment Reversal by appellate Court Entry of judgment Interest on money judgments New trials; amendments of judgments Exempt property Relief from judgment or order Harmless error Stay of proceedings to enforce a judgment Disability of a judge Payment of judgments from individual Indian moneys. TITLE 2 ARTICLE 10, JUDGMENT SUBPART A FOREIGN JUDGMENTS Definition Stay of execution of foreign judgment Filing and status of foreign judgments Fees Grounds for non-recognition Optional procedure Notice of filing. xx

21 TITLE 2 ARTICLE 10, JUDGMENT SUBPART B EXECUTION Execution--defined Notice of sale of realty Kinds of executions Confirmation of sale Property subject to levy Police chief s deed Property bound after seizure Advance of printer s fees Execution must be issued within five Demand for printing fees. years Place of sale Priority among property Other executions of realty not sold Priority among executions Levy on realty under several executions Levy by priority Deed by successor of officer making Who makes levy. sale When levy void Penalty for unlawful levy Levy on property claimed by third person Payment to defendant of overplus after sale Reversal of judgment after sale of interest in land Re-delivery to defendant Notice of sale of chattels Further levy when property taken, insufficient Filing and indexing of execution Principal and surety Waiver of appraisement Hearing on assets Return of appraisement When lien restricted Execution of judgment in favor of Tribe Reappraisal where realty twice advertised for sale Return of execution. TITLE 2 ARTICLE 10, JUDGMENT SUBPART C CONTRIBUTION Joint debtors or sureties Joint tort-feasor; contribution; indemnity; exemptions; covenant not to sue, etc. xxi

22 TITLE 2 ARTICLE 10, JUDGMENT SUBPART D COSTS Affidavit in forma pauperis Several actions on joint instruments False swearing in such case Clerk to tax costs Costs where defendants disclaim Cost of notice or other legal publication Certain costs taxed at discretion of Court Attorney fees taxable as costs Costs to successful party as matter of Costs defined. course Authority of Court to fix cost rates Costs in other cases. TITLE 2 ARTICLE 11 LIMITATION OF ACTIONS Limitations applicable Absence or flight of defendant Limitation of real actions Limitation of new action after failure Persons under disability-- in real property Extension of limitation. actions Statutory bar absolute Limitation of other actions Law governing foreign claims Persons under disability in actions other than real property actions Limitation of building construction tort claims. TITLE 2 ARTICLE 12 FAMILY RELATIONS Recording of marriages and divorces Determination of paternity and support Tribal custom marriage and divorce Determination of heirs Tribal custom adoption Approval of wills. xxii

23 TITLE 2 ARTICLE 12, FAMILY RELATIONS SUBPART A STATUTORY DIVORCE Grounds for divorce Remarriage and cohabitation Residence of plaintiff or defendant Personal jurisdiction Punishment for certain remarriage and cohabitation Custody of children, disposition of Remarriage within six months. property Time when judgment final Orders concerning property, children, Avoidance of marriage of incompetents. support and expenses Alimony without divorce Care and custody of children Evidence Preference of child Setting aside of divorce decrees Paternity determination Termination of money payments Interest on delinquent payments Mailing of alimony and support Restoration of wife's maiden name. payments Disposition of property Modification of decree Effect of divorce Effect on common law divorce Requirement of parenting education. TITLE 2 ARTICLE 13 FORCIBLE ENTRY AND DETAINER Forcible entry and detention Procedure where no jury available Powers of Court Attorney fee Extent of jurisdiction Writ of execution; form; new trial Issuance and return of summons Stay of execution Service of summons Constructive service of summons Answer or affidavit by defendant Affidavit; form Trial by Court Summons; form Forcible entry and detainer action on small claims docket. xxiii

24 TITLE 2 ARTICLE 14 HABEAS CORPUS Persons who may prosecute writ Writ upon temporary commitment Application for writ Writ may issue to admit to bail Writ granted Notice to interested persons Direction and command of writ Powers of Court Delivery to Tribal police chief Officers not liable for obeying orders Service on party other than Tribal police Issuance of warrant of attachment. chief Arrest of party causing restraint Service when person not found Execution of warrant of attachment Return and enforcement of writ Temporary orders Manner of return Issuance and service on Sunday Proceedings in case of sickness or Issue of process. infirmity Protection of infants and insane persons Hearings and discharge Security for costs not required Limits on inquiry. TITLE 2 ARTICLE 15 MANDAMUS Function of mandamus Answer Writ not issued where remedy at law Failure to answer Forms and contents of writs Similarity to civil action When peremptory writ of issues Recovery by plaintiff Petition upon affidavit Damages bar further actions Allowance and service of writ Penalty for refusal or neglect to perform. TITLE 2 ARTICLE 16 QUO WARRANTO Quo Warranto; relief obtainable by civil Judgment for plaintiff. action Enforcement of judgment Grounds for action Separate action for damages Persons who may bring action Corporation Judgment is contest of office. xxiv

25 TITLE 2 ARTICLE 17 SMALL CLAIMS PROCEDURE Small claims Trial by Court Small claims affidavit Payment of judgment Preparation of affidavit Appeals Service of affidavit Fees Date for appearance Costs Transfer of actions Judgments rendered under small claims Counterclaim or setoff Actions for amounts exceeding excess of two thousand dollars Attachment or garnishment, other matters. procedure Fee for docketing judgment Other action in small claims Court. xxv

26 TITLE 3 CRIMINAL CODE (As redesignated June 1, 1989) ARTICLE 1 GENERAL PROVISIONS Name and citation Limitation Effective date Separate trials Purpose and construction Lesser included offenses No affect on civil liability Double jeopardy Exclusiveness of offenses Burden and presumption of innocence Severability Negating defenses Terms, defined Presumptions of fact Prosecution for multiple offenses. TITLE 3 ARTICLE 2 PRINCIPLES OF CRIMINAL RESPONSIBILITY Acts and omissions to act Public duty; execution Culpability; general requirements Use of force; self-protection Causal relationship between conduct and Use of force; protection of others persons. result Use of force; protection of property Ignorance or mistake of fact Use of force; law enforcement Liability for conduct of another Use of force by person with special Corporation and unincorporated responsibility for care, discipline or safety associations. of others Intoxication Mistake of law; reckless or negligent use Duress. of force Consent Justification in property crimes Entrapment Justification an affirmative defense; civil Mental disease or defect. remedies unaffected Justification; terms defined Justification; choice of evils. xxvi

27 TITLE 3 ARTICLE 3 CRIMES AGAINST PROPERTY Building defined Arson, first degree; penalty Arson, second degree; penalty Arson, third degree; penalty Burning to defraud insurer; penalty Burglary; penalty Possession of burglary tools; penalty Breaking and entering; penalty Theft; terms defined Consolidation of theft offenses Theft by unlawful taking or disposition Theft by shoplifting; penalty Theft by deception Theft by extortion Theft of property lost, mislaid, delivered by mistake; penalty Theft of services; penalty Unauthorized use of a propelled vehicle; affirmative defense; penalty Theft by receiving stolen property Grading of theft offenses Criminal mischief; penalty Criminal trespass; penalty Repealed Criminal trespass, affirmative defenses Littering of public and private property; penalty Forgery; terms defined Forgery, first degree; penalty Forgery, second degree; forgery penalties Criminal possession of a forged instrument; penalty Criminal possession of forgery devices; penalty Criminal simulation; penalty Criminal impersonation; penalty Issuing a bad check; penalty False statement or book entry; destruction or secretion of records; penalty; organization defined Commercial bribery and breach of duty to act disinterestedly; penalty Fraudulent use of credit card; penalty Deceptive business practices; penalty Defrauding creditors; penalty Securing execution of documents by deception; penalty Criminal usury; penalty Unlawful dealing with property by a fiduciary; penalty Making a false credit report; penalty Computers; terms defined Depriving or obtaining property or services; penalty Unlawful acts; harming or disrupting operations; penalties Unlawful acts; obtaining confidential public information; penalties Unlawful acts; access without authorization; exceeding authorization; penalties. xxvii

28 TITLE 3 ARTICLE 4 CRIMES AGAINST THE PERSON Compounding a criminal offense, defined; penalty False imprisonment in the second degree; penalty Homicide; terms defined Murder in the first degree; penalty Violation of custody; penalties Sexual assault; legislative intent Murder in the second degree; penalty Sexual assault; terms defined Manslaughter; penalty Sexual assault; first degree; penalty Motor vehicle homicide; penalty Sexual assault; second degree; penalty Assisting suicide, defined; penalty Sexual assault; in camera hearing Assault in the first degree; penalty Assault in the second degree; penalty Sexual assault; evidence of past sexual behavior; when admissible; procedure Simple assault; penalty Sexual assault; evidence against another Terroristic threats; penalty. person; when admissible Restrain, abduct; defined Confined person; offenses against Kidnapping; penalty False imprisonment in the first degree; penalty. another person; penalty; sentence Robbery; penalty. TITLE 3 ARTICLE 5 INCHOATE CRIMES Criminal attempt; conduct; penalty Accessory to crime; defined; penalty Conspiracy, defined; penalty Aiding consummation of crime; penalty Conspiracy; renunciation of criminal Prosecuting for aiding and abetting. intent. xxviii

29 TITLE 3 ARTICLE 6 CRIMES AGAINST PUBLIC JUSTICE Obstructing government operations; Bribery of a juror; penalty; juror receiving penalty. bribe; penalty Failure to report injury of violence; Tampering with witnesses, informants, or physician or surgeon; emergency room or jurors; penalty. first aid station attendants; penalty Jury tampering; penalty Refusing to aid a peace officer; penalty Tampering with physical evidence; Resisting arrest; penalty; affirmative penalty; physical evidence, defined. defense Simulating legal process; penalty Consumption of liquor on public property, Employee; penalized due to jury service; public roads, streets, alleys, forbidden; prohibited; penalty. penalty Impersonating a peace officer Obstructing a peace officer; penalty Impersonating a public servant False reporting; penalty Official misconduct; penalty Interfering with a fireman on official duty; Oppression under color of office; penalty. penalty; fireman, defined Misusing public money Abuse of public record; penalty; public Improper influence in official matters. record, defined Retaliation for past official action Escape; official detention, defined; Improper gifts to public servants. knowingly permitting escape; penalty; Special influence. defense to prosecution Doing business without a license Providing contraband; penalty Tampering with public property Loitering about jail; penalty Injuring public property Assault on an officer in the first degree; Bail jumping. penalty Failure to obey a lawful order of the Court Assault on an officer in the second degree; Repealed. penalty Neglecting to serve a warrant; penalty; Repealed. forfeiture of office Perjury; subornation of perjury; penalty Mutilating a flag; penalty; flag, defined Juror, testimony and official proceedings; Illegal solicitation. defined Repealed Bribery; penalty Failure to appear; penalty Bribery of a witness; penalty; witness receiving bribe; penalty Sell or exchange of property for promise to vote prohibited. xxix

30 TITLE 3 ARTICLE 7 CRIMES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (As revised May 21, 2014) Bigamy; penalty; exception Incestuous marriages; declared void Incest; penalty Child abuse; penalty [REPEALED] [REPEALED] Debauching a minor; penalty Public indecency; penalty Obscenity; penalty Rioting; penalty Failure to disperse; penalty Deadly weapon, knife, firearms, other [REPEALED] terms; defined [REPEALED] [REPEALED] Weapons offense; penalty Aggravated weapons offense; penalty Violations; penalty Using firearms to commit a crime; Privileged communication; patient and penalty. physician; husband and wife; not ground Dangerous devices; penalty. for excluding evidence Fireworks offense; penalty Abandonment of spouse, child or Inhaling or drinking certain compounds; dependent stepchild; child, defined Criminal nonsupport; penalty; exception Protective custody; penalty. penalty Selling and offering for sale certain compounds; use; knowledge of seller; Failure to send child to school; truancy; penalties Curfew; penalty Contributing to the delinquency of a child; definitions; procuring alcohol for a minor; penalty Minor in possession; penalty Tobacco; minor in possession; sale to minors; smoking in tribal building prohibited; penalties; exemption Trafficking in children; penalty Welfare offense; penalty Desecration; penalty Disrupting a public or religious assembly Violation of privacy; penalty Criminal defamation; penalty Harassment; penalty Disorderly conduct; penalty Prostitution; penalty; citation in lieu of arrest Pandering; penalty Pandering; evidence Keeping a place of prostitution; penalty Prostitution cases; incrimination testimony; how treated. unlawful Act, exceptions [Reserved.] Abandoning, or concealing a dead human body; penalty Concealing the death of another person; penalty Intimidation by phone call; penalty; prima facie evidence Interfering with a public service company; penalty Maintaining a nuisance; penalty; abatement or removal Disturbing the peace; penalty Telecommunications violations; penalty Animal, cruel mistreatment, cruel neglect, and abandon; defined Cruelty to animals; penalty; authorized or permitted conduct Livestock offense; penalty Waters offense; penalty Assault of a Human Embryo or Fetus; terms defined; limitations Assault of a Human Embryo or Fetus in the first degree; penalty. xxx

31 TITLE 3 ARTICLE 7 CRIMES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (continued) Assault of a Human Embryo or Fetus in the second degree; penalty Assault of a Human Embryo or Fetus in the third degree; penalty Indecent liberties; penalty Video Recording and Distribution of Criminal Assaults TITLE 3 ARTICLE 8 CONTROLLED SUBSTANCES ACT (As revised October 16, 2013) Definitions Prohibition of sales, transport, import, export or possession of drug paraphernalia or drug manufacturing equipment Narcotics revolving fund Future controlled substances included Nomenclature in schedules Schedule I characteristics Schedule II characteristics Schedule V Seizure without warrant; forfeitures; disposition; evidence; court costs and expenses School property; distribution; dispensing or possession Prohibited acts; penalties Prohibited acts; fraud, deceit Certain substances causing intoxication; exemptions; penalties Schedule III characteristics Schedule IV characteristics Endeavor and conspiracy Schedule V characteristics General penalty clause Schedule I Additional penalties Schedule II Severability Schedule III Possession of a dangerous drug; penalty Schedule IV Dangerous drug offense; penalty TITLE 3 ARTICLE 9 [Reserved] TITLE 3 ARTICLE 10 [Reserved] TITLE 3 ARTICLE 11 [Reserved] xxxi

32 TITLE 3 ARTICLE 12 ADULT AND ELDERLY PROTECTIVE SERVICES ACT Citation Legislative intent Definitions Duty of healthcare providers to report abuse Willful release of confidential information Abuse of a vulnerable or elderly adult Ex parte order authorized Subpoena of Medical and Financial Records Duty of law enforcement to investigate Immunity from liability Procedures for prosecution No access to records Conditions of Release Evidence exclusions void Elder Protection Order and Time Limits No abuse solely for reliance upon Violation of Protection Orders. spiritual healing Severability Willful failure to report. TITLE 3 ARTICLE 13 [REPEALED] TITLE 3 ARTICLE 14 WINNEBAGO TRIBAL POLICE FORCE Establishment of a force of police No exemptions. officers Status of Tribal peace officers Definitions Weapons Standards Supplementary capacity Training standards Supervision of Tribal peace officers Training. xxxii

33 TITLE 3 ARTICLE 15 CRIMINAL TRAFFIC OFFENSES (As adopted September 24, 2003) Driving under influence of alcoholic liquor or drug; penalties; revocation of operator s license; applicable to violation of statutes or ordinances; probation; alcohol assessment; court; powers Driving under influence of alcoholic liquor or drugs; implied consent to submit to chemical test; when test administered; refusal; penalty Driving under influence of alcoholic liquor or drugs; test; additional test; refusal to permit; effect; results of test; available upon request Driving under influence of alcoholic liquor or drugs; chemical test; consent of person incapable of refusal not withdrawn Driving under influence of alcoholic liquor or drugs; chemical test; violation of statute or ordinance; results; competent evidence; permit; fee Driving under influence of alcohol; operator s license; confiscation and revocation; procedures; appeal Driving under influence of alcohol; revocation of impounded operator s license; procedure; reinstatement; fee; eligibility for employment driving permit and ignition interlock device Operator s license revocation decision; notice; contents License revocation; appeal Blood sample; results of chemical test; admissible in criminal prosecution; disclosure required Person under twenty-one years of age; prohibited acts; enforcement Implied consent to submit to chemical test; when test administered; refusal; penalty Impounded operator s license; sealing of record; when; operation of motor vehicle authorized Ignition interlock device; court order authorized; issuance of restricted Class O license; prohibited act; violation; penalty Careless driving, defined; penalty Reckless driving, defined; penalty Willful reckless driving, defined Willful reckless driving; first offense; penalty Reckless driving or willful reckless driving; second offense; penalty Reckless driving or willful reckless driving; third and subsequent offenses; penalty. xxxiii

34 TITLE 4 JUVENILE PROCEDURE (As redesignated July 1, 1989) ARTICLE 1 GENERAL PROVISIONS Citation Rules of procedure Purpose Expenditure of funds Definitions Procedure Place of sitting Juvenile Court established Jurisdiction Court authority Indian child welfare transfers from Tribal Courts Child welfare transfers to tribal or state courts Prosecution; criminal charge or Juvenile Court petition; determination; considerations Juvenile charged in court other than Juvenile Court; transfer to Juvenile Court; procedure Pre-transfer report Orders for support Court support staff Prosecutor s duties Notice of legal rights Inspection of court records Basic rights Law enforcement records Warrants and custody orders Child and family services Full faith and credit Identity confidential Admissibility of evidence in other proceedings Expungement Exclusion of certain statement by alleged delinquent Voluntary foster care authorized Contempt of court Required Findings by a Court for Removal Medical examination Reasonable Efforts Fingerprints Winnebago Kinship System. TITLE 4 ARTICLE 2 EMERGENCY CUSTODY Taking a minor into custody Court ordered medical treatment Notification of parents Court ordered commitment for observation Notification of Court officers Release of detained child Search warrants for the protection of children Special release rule for major offenses Court ordered release Preliminary inquiry: criteria for detention or shelter care Extension of detention period Place of detention or shelter care Detention and shelter Emergency shelter in child s home Standards for shelter care and detention facilities. xxxiv

35 TITLE 4 ARTICLE 3 ADJUDICATION Court intake Adjudicatory hearing Prosecutor s (presenting officer s) intake Diversion by contract Mentally ill and developmentally disabled children Diversion contract inadmissible Consent decree Diversion by consent decree Dismissal of petition Limitations on diversions Sustaining petition Guardian ad litem appointments Temporary orders Guardian ad litem duties. TITLE 4 ARTICLE 4 DISPOSITION Pre-dispositional report Child-in-need-of-supervision; disposition Treatment plan Delinquent child; disposition Dispositional hearing Hearing purpose Hearing informal Legal custody; guardianship Probation for delinquents and children in need of supervision Medical examination Violation of probation Continuance New hearing authorized Order of protection Continuing jurisdiction Placement preferences Permanency Hearings Neglected or dependent child or in-needof-care; disposition Guardianships as Recommended by the Department for permanence. TITLE 4 ARTICLE 5 CHILD ABUSE Legislative purpose Action upon receipt of report Definitions Child protection teams Persons required to report child abuse or neglect Required report of postmortem investigation Immunity from liability Child abuse and child neglect diversion program Evidence not privileged Evidence of abuse Court proceedings; guardian ad litem Temporary protective custody Central registry Reporting procedures Confidentiality of records. xxxv