Section TCT.03.03 — Appealable Decisions

(a) Final Decisions.

(1) Final Decisions are decisions which resolve all issues pending before the Stockbridge-Munsee Tribal Court.

(2) Any Final Decision of the Stockbridge-Munsee Tribal Court is appealable as of right to the Stockbridge-Munsee Court of Appeals subject to the limitations on tribal administrative appeals set forth in Rule 10(B).

(b) Interlocutory Appeals.

(1) Interlocutory Appeals are appeals of dispositive issues requiring appellate review prior to a decision becoming a Final Decision.

(2) Except in matters involving the application of the principles of sovereign immunity, Interlocutory Appeals are extraordinary appeals which are disfavored by the Stockbridge-Munsee Court of Appeals, but an Interlocutory Appeal may be considered by the Stockbridge-Munsee Court of Appeals via application or petition in the sole discretion of the Stockbridge-Munsee Court of Appeals.

(c) Declaratory Judgment.

(1) If, but only if, either the Stockbridge-Munsee Constitution or the Stockbridge-Munsee Tribal Ordinances specifically allow for Declaratory Judgments from the Stockbridge-Munsee Court of Appeals then a request for a Declaratory Judgment shall be considered an appealable decision for the purposes of these rules.

(2) If specific authorization allowing for Declaratory Judgments does not appear in either the Stockbridge-Munsee Constitution or the Stockbridge-Munsee Tribal Ordinances, then the Stockbridge-Munsee Court of Appeals may only rule on actual controversies pending before said court.

(3) For purposes of this Rule, the Stockbridge-Munsee Court of Appeals shall treat Fed. R. Civ. P. 57 and 28 U.S.C. § 2201 and their jurisprudence as persuasive but not binding authority.

(d) Stockbridge-Munsee Court of Appeals Rulings Non-Appealable.

(1) The Stockbridge-Munsee Court of Appeals is the court of last resort for any tribal, administrative, civil or criminal decision originating in the Stockbridge-Munsee Tribal Court.

(2) Decisions of the Stockbridge-Munsee Court of Appeals are final and non-appealable except by application for writ of certiorari to the U.S. Supreme Court if a question of U.S. federal law exists in the pending case, by application for federal habeas corpus under 28 U.S.C. § 2255 where applicable, or where en banc review is requested subject to the provisions of Rules 4(C) and 4(D).