As set out in the Court’s promulgation adopting the Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, the Rules of the U.S. District Court of the District of Oregon and the Federal Rules of Evidence, the Court retains discretion to modify the application of any of those rules for any case when it is impractical or impossible to apply the rules as written, or in the interests of justice.
As part of its discretion to so modify the rules, the Court has modified the rules for certain types of cases, for purposes of judicial economy and court administration.
Please be aware that some Tribal Ordinances contain provisions about procedure and evidence that differ from the Federal Rules. The Tribal Ordinance provision prevails in that circumstance, and the Court will apply the rules set out in the Ordinance, to the extent there is a conflict.
Requests by a Tribal Member to Review Enrollment Records.
In the interests of judicial economy, the Court has developed specific rules relating to requests for an order authorizing a Tribal member to review an enrollment record. The Court requires that the request include sufficient evidence regarding the Court’s jurisdiction and the reasons for the request. If the Tribe does not object to the request and the Court does not have need of additional evidence in order to make a determination, the Court can often make its determination about the request on the pleadings and written evidence submitted, without the need for a hearing.
- A request by a Tribal Member to Review an enrollment record must be in writing and must be filed by the individual Tribal Member seeking to review an enrollment record, or, in the case of a minor child, by the child’s parent, legal guardian or guardian ad litem on behalf of the minor child. The request may not be combined or joined with a request by any other person.
- The request must set out the specific reasons for the request, must provide proof of requestor’s Tribal membership, and must include an affidavit signed by the requestor affirming the truth of the same.
- The requestor’s mailing address and phone number, or that of the attorney for the requestor must also be included.
- The filing fee for the request must be paid at the time of filing, unless the requestor has obtained a waiver of payment of the filing fee prior to filing.
- After the request is accepted for filing, the requestor must file proof of service on the opposing parties.
Appeal of an Enrollment Decision
- An appeal to the Tribal Court for review of an enrollment decision must be filed by the aggrieved individual, and may not be combined with any other appeal or any other cause of action.
- An Enrollment Review Packet is available from the Court and on the Court’s webpage www.grandronde.org/departments/tribal-court/forms/.
- The process the Court follows and the Court’s rules and procedures for this type of case are included in the form and instruction packet. Failure to comply with the instructions set out in the Enrollment Review Packet may result in rejection of the filing or a delay in the scheduling of the Court’s review. Use of the Court’s specific forms is not required.