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

Section TCT.05.04 — Service: Proof Of Service

(a) Within fourteen (14) days of the filing of the complaint the Court shall issue a summons directing the named defendant to appear before the Court and respond to the complaint. The Plaintiff shall deliver the court issued summons and a copy of the complaint for service on the defendant.

(b) 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 a newspaper of general circulation in the state and city of the defendant's last known address in two consecutive publications. The Plaintiff must file a copy of all legal notices as published in the newspaper with the Tribal Court and must also provide an extra authenticated copy of the Complaint and Summons to 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.

(c) Proof of service shall be maintained as part of each case file. When the defendant has been served personally, an affidavit of service shall be returned to the Court Clerk and filed in the Court records. When service is obtained by mail, the return receipt of the delivery shall be made a part of the Court records. When service is obtained by publication, an authenticated copy of the published newspapers must be returned to the Court Clerk and filed in the court records.