Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section TCT.02.16 — Judgment

(a) Default Judgment. The Trial Court may grant default judgment on a claim when a party fails to answer a complaint or petition when due. The party moving for default judgment bears the burden of proof that the adverse party was properly served with the claim.

(b) Judgment Costs. The Trial Court shall allow necessary costs and disbursements to the prevailing party or parties as a matter of course. If the prevailing party in an action seeks the award of costs, the prevailing party shall serve a verified bill of costs and disbursements with the Court and serve a copy to the other party or parties within five (5) days of the entry of judgment by the Court. If the bill of costs is not objected to within ten (10) days, the bill of costs shall be deemed to be a part of and included in the judgment rendered.

(c) Entry of Judgment. All judgments shall be signed by the Chief Judge or Judge and shall be filed with the Clerk of Court. A judgment is complete and shall be deemed entered when it is signed and filed with the Clerk of Court.

(d) Summary Judgment. Any time twenty (20) days after commencement of an action, any party may move the Trial Court for summary judgment as to any or all of the issues presented in the case and such shall be granted by the Trial Court if it appears that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

(e) Satisfaction of Judgment. The Chief Judge or a Judge may order the entry of satisfaction of judgment upon proof of payment by the judgment creditor.

(f) Revocation. Where any violation involves the misuse of a license or permit issued pursuant to tribal law, the Court shall have power to order revocation or suspension of such license or permit. Where a license or permit issued pursuant to tribal law is revoked, the violator shall be barred from receiving any other license or permit under tribal law for at least one (1) year, except where Stockbridge Munsee Tribal Law shall provide otherwise.

(g) Maximum Forfeitures. Where not otherwise provided, the maximum forfeiture for any violation of a tribal ordinance shall be one thousand dollars ($1,000.00). All forfeitures collected pursuant to any Tribal law shall be deposited in the Tribe's general account.

(h) Enforcement of Judgment. All civil remedies are available to enforce the judgment of the Court, including the power of civil contempt. A judgment shall be a lien upon any available property of the defendant which is located within the Stockbridge Munsee Reservation or within the jurisdiction of the Court.

(i) Post Judgment Interest. If the Tribal Court System enters a judgment for money, the prevailing party shall be entitled to collect interest at the rate of (10%) per year on the amount that is due from the time of the entry of judgment until the judgment is paid in full.