Section TCT.02.04 — Commencement Of Action And Service Of Process

(a) Commencement of Action. A civil action is commenced by filing a Summons and Complaint and serving a copy of such on the defendant or defendants as provided herein. The Tribe may commence an action to enforce a violation of tribal law by filing a Citation pursuant to Chapter SAF.01. The Trial Court may not require the Tribe to submit any document other than a Summons and Citation or Complaint to commence an action to enforce a tribal law. The Trial Court shall have jurisdiction from such time as both the Summons and Complaint are filed and properly served upon the defendant.

(b) Authentication of Summons and Complaint. Upon filing, the Clerk of Court shall authenticate copies of the Summons and Complaint by affixing them with the Tribal Court System stamp.

(c) Service of Process. Service of process shall consist of delivering to the party served an authenticated copy of the Summons and Complaint. The Summons shall advise the defendant that he or she is required to answer the complaint within twenty (20) days or a default judgment may be entered against him or her.

(1) The return of service shall be endorsed with the name of the person serving and the date, time and place of service and shall be filed with the Clerk of Court.

(2) Service may be made on a party by delivering the required papers to the party himself or herself or upon some person of suitable age and discretion over fourteen (14) years of age at the party's house or principle place of business, or on an officer, managing agent, or employee, or partner of a non-individual party.

(3) Service may be made by any law enforcement officer or other person, not a party, eighteen (18) years of age or older.

(4) Service upon a person subject to the jurisdiction of the Tribal Court System may be made anywhere in the United States.

(5) If a person personally refuses to accept service, service shall be deemed performed, if the person is informed of the purpose of the service and offered copies of the papers served. In this instance, the person serving the defendant(s) shall execute an affidavit indicating the defendant(s) refused service. The Plaintiff may file the affidavit with the Clerk of Court and the Trial Court shall accept the affidavit as proof of service.

(6) If, after three (3) attempts to serve the defendant on three (3) different days, a person is unable to serve the defendant with an authenticated copy of the Summons and Complaint, the Plaintiff may serve the defendant by publication. Service by publication may be made by publishing the contents of the Summons in two (2) consecutive publications of the Mohican News and by leaving an extra authenticated copy of the Complaint with the Tribal Court System for the Defendant.

(7) Service of pleadings, other than a Summons and Complaint, may be made by regular U.S. Mail.