Section DMR.03.03 — Commencement Of Action And Response

(a) 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.03.07(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 or family court commissioner extends the time for a hearing under Section DMR.03.04(c) and the petitioner files an affidavit with the court stating that personal service by a Stockbridge-Munsee law enforcement officer or a private server under Section 19 of the Stockbridge-Munsee rules of procedure 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 tribal newspaper 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.

(b) A petition may be filed in conjunction with an action affecting the family commenced under the Stockbridge-Munsee family, domestic or youth codes, but commencement of an action affecting the family or any other action is not necessary for the filing of a petition or the issuance of a temporary restraining order or an injunction. 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.