Lac Courte Oreilles Law Library
Lac Courte Oreilles Tribal Code of Law.

TCT.2.9.010 Summons and Complaint

(a) An action in Tribal Court is commenced by the filing of a summons and complaint as prescribed by this section.

(b) The summons and complaint shall be a single document setting forth the following:

(1) The names and addresses, and tribal status of the parties. If a party who is not a member of the Tribe is alleged to be eligible for membership in the Tribe, the complaint shall be accompanied by an original certificate of eligibility from the Tribe's enrollment office or enrollment committee.

(2) The case number assigned by the Clerk of Court.

(3) A command to the defendant to appear at tribal court at a date, time and place specified by the Clerk of Court.

(4) A brief statement, including approximate date and place, of the transaction or occurrence giving rise to the action.

(5) The relief requested.

(6) A statement that failure to appear may result in a judgment taken against the defendant for the relief requested, plus costs and attorney fees.

(7) The dated signature of the Clerk of Court and of the plaintiff or plaintiff's attorney or lay advocate.

(c) The Clerk of Court shall make available forms of the summons and complaint.

(d) The first appearance date specified under Section TCT.2.9.010(b)(3), above shall be no less than 20 days and no more than 60 days from the date of issuance of the summons and complaint. Service, if by mail, shall be made no less than ten days prior to the first appearance date. Service, if personal, shall be made no less than seven days prior to the first appearance date.

(e) The Clerk of Court shall not accept for filing any summons and complaint that does not bear the dated signature of the plaintiff or plaintiff's attorney, or that is not accompanied by the filing fee as required by Section TCT.2.15.010(a) and, if applicable, the mailing fee as required by Section TCT.2.15.010(b).