Section PRP.05.33 — Execution Of Judgment

(a)(1) In an action for eviction, if the court finds that the plaintiff is entitled to possession, the order for judgment shall be for the restitution of the premises to the plaintiff and for such other relief that the court orders in accordance with this Ordinance.

(2) At the time of ordering judgment for the restitution of premises, the court shall order that a writ of restitution be issued, and the writ may be delivered to a tribal law enforcement officer for execution in accordance with (b) of this section. No writ shall be executed if received by a tribal law enforcement officer more than 30 days after its issuance.

(3) Upon a judgment in favor of the plaintiff, the plaintiff may request a writ of restitution from the Court. Upon such request, the Court shall provide the defendant with reasonable notice and opportunity to be heard on the matter of the issuance of a writ.

(A) The writ shall be of sufficient specificity to enable a law enforcement officer to execute the writ.

(b) Upon delivery of a writ of restitution to a tribal law enforcement officer, and after the payment of any applicable fees for the officer to execute the writ, the officer shall execute the writ. In executing the writ of restitution a tribal law enforcement officer shall:

(1) Remove from the premises described in the writ the person of the defendant and all other persons found upon the premises claiming under the defendant, using such reasonable force as is necessary.

(2) Remove from the premises described in the writ, using such force as may be necessary, all personal property found therein not the property of the plaintiff.

(3) Exercise ordinary care in the removal of all persons and property from the premises and in the handling and storage of all property removed therefrom.