DMR.2.17.020 Commencement of Action and Response

(a) Any person living on the Reservation may commence an action under this chapter as long as either the petitioner or respondent or both is a member of the Tribe.

(b) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under Section DMR.2.17.060(a). The action commences with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service. If the judge extends the time for a hearing under Section DMR.2.17.040(c) and the petitioner files an affidavit with the court stating that personal service by the sheriff or the chief of police or a private server in the manner provided by sec. 801.11 (1) (a) or (b), Wis. Stats., was unsuccessful because the respondent is avoiding service by concealment or otherwise, the petitioner may serve the respondent by publication of the petition in the manner provided for a class 1 notice under ch. 985, Wisconsin Statutes, and by mailing if the respondent's post-office address is known or can with due diligence be ascertained. The mailing may be omitted if the post-office address cannot be ascertained with due diligence.

(c) No security need be posted by a petitioner seeking a restraining order or injunction under this chapter. The respondent may respond to the petition either in writing before or at the hearing on the issuance of the injunction or orally at that hearing.

(d) TWO-PART PROCEDURE. Procedure for an action under this chapter is in two parts. First, if the petitioner requests a temporary restraining order the court shall issue or refuse to issue that order. Second, the court shall hold a hearing under Section DMR.2.17.040 on whether to issue an injunction, which is the final relief. If the court issues a temporary restraining order, the order shall set forth the date for the hearing on an injunction. If the court does not issue a temporary restraining order, the date for the hearing shall be set upon motion by either party.