(1) In a civil case in which an appeal is permitted by law as of right from the Tribal District Court to the Supreme Court, the notice of appeal required by Section 101 shall be filed with the Clerk of the Tribal District Court within the following time periods after entry of the judgment or order appealed from, if a time certain is not otherwise provided by statute:

          (i) From an order or judgment in an action for forcible entry or forcible or unlawful detainer. Ten (10) Days;

          (ii) From an order, decree, or judgment of the Juvenile Division of the District Court, (except an order, decree, or judgment which terminates parental rights). Thirty (30) Days.

          (iii) From an order, decree, or judgment of the Juvenile Division of the District Court which terminates parental rights. Ninety (90) days.

          (iv) From A finAl nretesttest, commitment, judgment or other appealable order in any civil case not hereinabove provided for. Twenty (20) Days.

          (2) Except as provided in subsection (a)(4) of this Section, a notice of appeal filed after the announcement of a decision or order but before the formal entry of the judgment or order shall be treated as filed after such entry and on the day thereof.

          (3) If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days after the date on which the first notice of appeal was filed, or within the time otherwise prescribed by this Section, whichever period last expires.

          (4) If a timely motion under the Civil Procedure Act is filed in the Tribal District Court by any party.

          (i) for judgment notwithstanding the verdict, or

          (ii) to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted, or

          (iii) to alter or amend the judgment or for a new trial,

then, and in that event, the time for appeal for all parties shall run from the entry of the order denying a new trial or granting or denying any other such motion. A notice of appeal filed before the disposition of any of the above motions shall have no effect. A new notice of appeal must be filed within the prescribed time measured from the entry of the order disposing of the motion as provided above. No additional fees shall be required for such filing.

          (5) The Tribal District Court, upon a showing of excusable neglect or good cause, may extend the time for filing a notice of appeal in a civil action upon motion filed not later than 30 days after the expiration of the time prescribed by this Section. Any such motion which is filed before expiration of the prescribed time for the filing of a notice of appeal may be ex parte unless the Tribal District Court otherwise requires. Notice of any such motion which is filed after expiration of the prescribed time shall be given to the other parties in accordance with the Civil Procedure Act. No such extension shall exceed 30 days past such prescribed time or 10 days from the date of entry of the order granting the motion, whichever occurs later.

          (6) A judgment or order is entered within the meaning of this Section when it is entered in compliance with the Civil Procedure Act.

          (b) Appeals In Criminal Cases. In a criminal case, the notice of appeal by a defendant shall be filed in the Tribal District Court within 10 days after the entry of the final judgment and sentence or other order appealed from. A notice of appeal filed after the announcement of a decision, sentence, or order, but before formal entry of the judgment or order shall be treated as filed after such entry and on the day thereof. If a timely motion in arrest of judgment, or a motion for a new trial on any ground other than newly discovered evidence has been made, an appeal from a judgment of conviction may be taken within 10 days after the entry of an order denying the motion. A motion for a new trial based on the ground of newly discovered evidence will similarly extend the time for appeal from a judgment of conviction if the motion Is made before or within 10 days after entry of the judgment. When an appeal by the Tribe is authorized by statute, the notice of appeal shall be filed by the Tribe In the Tribal District Court within 10 days after the entry of the judgment or order appealed from unless a different time Is specifically set by the statute authorizing the appeal. A judgment or order is entered within the meaning of this subdivision when it is entered in the criminal docket pursuant to the Criminal Procedure Act. Upon a showing of excusable neglect Tribal District Court may, before or after the time has expired, with or without motion and notice, extend the time for filing a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this subdivision of this Section.

          (1) An order that grants or refuses a new trial or vacates or refuses to vacate a judgment on any grounds including that of newly discovered evidence or the impossibility of making a record.

          (2) An order that discharges, vacates, or modifies or refuses to discharge, vacate, or modify an attachment.

          (3) An order that denies, grants, or modifies a temporary injunction, discharges, vacates, or modifies, or refuses to discharge, vacate, or modify a temporary injunction.

          (4) An order that discharges, vacates, or modifies, or refuses to discharge, vacate, or modify a provisional remedy which affects the substantial rights of the parties.

          (5) An order that appoints a receiver, except where the receiver was appointed at an ex parte hearing where a full hearing will be held upon application therefore, refuses to appoint a receiver, or vacates or refuses to vacate the appointment of a receiver, or refuses or grants orders to wind up receiverships or to take steps to accomplish the purposes thereof, such a directing sales or other disposals of property.

          (6) An order that directs the payment of money pendente lite, except where granted at an ex parte hearing where a full hearing will be held upon application therefore, refuses to direct the payment of money pendente lite, or vacates or refuses to vacate an order directing the payment of money pendente lite.

          (7) An order that certifies of refuses to certify an action to be maintained as a class action.

          (8) An order with regard to probate matters:

          (i) granting, or refusing, or revoking letters testamentary or of administration, or of guardianship, or conservatorship, or
          (ii) admitting, or refusing to admit, a will to probate, or

          (iii) against or in favor of the validity of a will or revoking the probate thereof, or

          (iv) against or in favor of setting apart property, or making an allowance for a widow or child, or

          (v) against or in favor of directing the partition, sale or conveyance of any interest in real property, or
          (vi) settling an account of an executor, or administrator or guardian, or

          (vii) refusing, allowing or directing the distribution or partition of an estate, or any part thereof or the payment of a debt, claim, legacy or distributive share, or

          (viii) refusing or allowing the release of any tax liability, or

          (ix) from any other judgment, decree, or order of the Court in a probate case, or of the Judge thereof, affecting a substantial right.

          (9) Any interlocutory order or decree made immediately appealable by Tribal statute.

(b) Time for Piling Interlocutory Appeals as of Right and Special Rules.

          (1) The party aggrieved thereby may appeal the order to the Supreme Court without awaiting the final determination of the action, by filing the notice of appeal with the District Court Clerk within twenty (20) days after the order is issued.

          (2) If the order discharges or modifies an attachment or preliminary injunction and it becomes operative, the undertaking given upon the allowance of an attachment or preliminary injunction shall stay the enforcement of said order and said order shall remain in full force and effect until final order of discharge after appeal shall take effect.

          (3) If the order grants a preliminary injunction, the party seeking to appeal, if he desires to stay said order, shall give within ten (10) days after the order is rendered, an undertaking, with sufficient surety, in such sum as the Court deems proper, to secure the party procuring the injunction the damages he may sustain, including reasonable attorneys fees, if it is finally decided that the preliminary injunction was properly granted. The undertaking shall stay the effect of the preliminary injunction pending appeal.

          (4) Where a receiver shall be or has been appointed, upon the appellant filing an appeal bond, with sufficient sureties, in such sum as may have been required of the receiver by the Court or a Judge thereof, conditioned for the due prosecution of the appeal and the payment of all costs, or damages that may accrue to the Tribe or any officer or person by reason thereof, the authority of the receiver shall be suspended until the final determination of the appeal, and if the receiver has taken possession of any property, real or personal, it shall be returned and surrendered to the appellant upon the filing and approval of the bonds.

          (1) The petition shall contain a statement of the facts necessary to an understanding of the controlling question of law determined by the order of the District Court; a statement of the question itself; and a statement of the reasons why a substantial basis exists for a difference of opinion on the question and why an immediate appeal may materially advance the termination of the litigation. The petition shall include or have annexed thereto a copy of the order from which the appeal is sought and any findings of fact, conclusions of law and opinion relating thereto. Within 7 days after service of the petition, an adverse party may file an answer in opposition. The application and answer shall be submitted without oral argument unless otherwise ordered.

          (2) All papers may be typewritten. Ten copies shall be filed with the original, but the Court may require that additional copies be furnished.

          (3) Within 10 days after the entry of an order granting permission to appeal, the appellant shall:

          (i) pay to the Clerk of the District Court the fees established by rule of the Supreme Court for the filing of appeals by permission.

          (ii) file a bond for costs if required by the Supreme Court.

          The Clerk of the Tribal District Court shall notify the Clerk of the Supreme Court of the payment of the fees. Upon receipt of such notice the Clerk of the Supreme Court shall enter the appeal upon the docket. The record shall be transmitted and filed as in cases of direct appeal by right. A notice of appeal need not be filed.

          (1) Upon judgment for the defendant quashing or setting aside the criminal complaint prior to trial.

          (2) Upon an order of the Court arresting the judgment.

          (3) Upon a question of law reserved by the Tribe,

provided, that the criminal complaint shall be reinstated and the case shall proceed if the Tribe' appeal is upheld under subsection (a)(1) of this Section, the judgment and sentence arrested shall be entered and enforced if the Tribe' appeal is upheld under subsection (a)(2) of this Section, and a defendant may not be tried again for the same offense if the Tribe' appeal is upheld under subsection (a)(3) of this Section.

          (1) Within 10 days after filing the notice of appeal the appellant shall order from the Clerk or reporter a transcript of such parts of the proceedings not already on file as he deems necessary. The order shall be in writing and within the same period a copy shall be filed with the Clerk of the Tribal District Court. If no such parts of the proceedings are to be ordered, within the same period the appellant shall file a certificate to that effect.

          (2) If the appellant intends to urge on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, he shall include in the record a transcript of all evidence relevant to such finding or conclusion.

          (3) Unless the entire transcript to be included, the appellant shall, within the 10 days time provided in subsection (b)(1) of this Section, file a statement of the issues he intends to present on the appeal and shall serve on the appellee a copy of the order or certificate and of the statement. If the appellee deems a transcript of other parts of the proceedings to be necessary, he shall, within 10 days after the service of the order or certificate and the statement of the appellant, file and serve on the appellant a designation. of additional parts to be included. Unless within 10 days after service of such designation the appellant has ordered such parts, and has so notified the appellee, the appellee may within the following 10 days order the parts or move In the Tribal District Court for an order requiring the appellant to do so.

          (4) At the time of ordering, a party must make satisfactory arrangements with the reporter for payment of the cost of the transcript. If a typewritten transcript is ordered, the Clerk or Reporter shall charge a fee to be set by the Court for each original page and an additional fee for each copy of an original page. If a copy of a tape recording of the proceedings is ordered, the Clerk or Reporter shall charge a fee to be set by the Court for each tape copy ordered. All such fees paid on behalf of a Clerk or reporter who is employed by the Tribe and paid a salary from tribal monies shall be deposited in the Court fund, unless specific statutory authority for other disposition of such monies is provided. All such fees paid on behalf of an independent reporter appointed or authorized by the Tribal District Court to record its proceedings, but not paid from tribal funds shall be paid over to such reporter.

          (1) the name of the Court and the number of the case;

          (2) the title of the case;

          (3) the nature of the proceedings in the Court (e.g., Appeal; Petition for Review) and the name of the Court below;

          (4) the title of the document (e.g. Brief for Appellant, Appendix); and

          (5) the names, addresses, and telephone number of counsel representing the party on whose behalf the document is filed.

          (1) When a public officer is a party to an appeal or other. proceeding in the Supreme Court in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.

          (2) When a public officer is a party to an appeal or other proceeding in his official capacity he may be described as a party by his official title rather than by name; but the Court may require that his name be added.

          1. That the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or

          2. that there was such a infirmity of proof establishing the misconduct as to give rise to the clear conviction that the Court could not, consistent with its duty, accept as final the conclusion on that subject; or

          3. that the imposition of the same discipline by the Court would result in grave injustice; or

          4. that the misconduct established is deemed by the Court to warrant substantially different discipline,

          1. Be punctual in attendance at Court.

          2. Refrain from addressing one another in Court by their first names.

          3. Refrain from leaving the courtroom while Court is in session, unless it is absolutely necessary, and then only if the Court's permission has been first obtained.

          4. See that only one of them is on his feet at a time unless an objection is being made.
          5. Refrain from approaching jurors who have completed a case unless authorized by the Court.

          6. Avoid approaching the bench as much as possible. In this connection, counsel should try to anticipate questions which will arise during the trial, and take them up with the Court and opposing counsel in chambers. If however, it becomes necessary for an attorney to confer with the Court at the bench, the Court's permission should be obtained, and opposing counsel should be openly invited to accompany him.

          7. Refrain from employing dilatory tactics.

          8. Deliver jury arguments from the lectern placed in a proper position facing the jury. If it is necessary to argue from an exhibit, the Court will, upon request, grant permission to do so.

          9. Hand all papers intended for the Court to see to the Clerk, who, in turn will pass them up to the judge.

          10. Hand to the Clerk, rather than the Court Reporter, any exhibits to be marked which have not previously been identified.

          11. Advise clients, witnesses, and other interested persons concerning rules of decorum to be observed in Court.

          12. Stand and use the lectern when interrogating witnesses, unless otherwise instructed by the Court. However, when interrogating a witness concerning an exhibit the Court may, upon request, grant permission to approach the witness stand or the exhibit, as the case may be, for that purpose.

          13. Never conduct or engage in experiments involving any use of their own persons or bodies except to illustrate in argument which has been previously admitted in evidence.

          14. Not conduct a trial when they know, prior thereto, that they will be necessary witnesses, other than as to merely formal matters such as identification or custody of a document or the like. If, during the trial, they discover that the ends of justice require their testimony, they should from that point on, if feasible and not prejudicial to their client's case, leave further conduct of the trial to other counsel. If circumstances do not permit withdrawal from the conduct of the trial, lawyers should not argue the credibility of their own testimony.

          15. Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly uninfluenced by any ill-feeling between the respective clients. They should abstain from any allusion to personal peculiarities and idiosyncrasies of opposing counsel.

          16. Rise when addressing, or being addressed by the Court.

          17. Refrain from assuming an undignified posture. They should always be attired in a proper and dignified manner as befits an officer of the Judicial Branch of the Government and should abstain from any apparel or ornament calculated to attract attention to themselves.

          18. Comply, along with all other persons in the courtroom, with the following:

          (i) No tobacco in any form will be permitted at any time.

          (ii) No propping of feet on tables or chairs will be permitted at any time.

          (iii) No bottles, beverage containers, paper cups or edibles should be brought into the courtroom, except with permission of the bailiff.

          (iv) No gum chewing or reading of newspapers or magazines (except as a part of the evidence in a case) will be permitted while Court is in session.

          (v) No talking or other unnecessary noises will be permitted while Court is in session.

          (vi) Everyone must rise when instructed to do so, upon opening, closing, or declaring recesses of Court.

          (vii) All male lawyers and male Court personnel must wear both coats and ties, women lawyers and women Court personnel must be suitably attired.

          (viii) Any attorney who appears in Court intoxicated or under the influence of intoxicants, drugs or narcotics may be summarily held in contempt.

          (1) The prior criminal record (including arrests, indictments, or other charges of crime), or the character or reputation of the accused, except that the lawyer or law firm may make a factual statement of the accused's name, age, residence, occupation, and family status and, if the accused has not been apprehended, a lawyer associated with the prosecution may release any information necessary to aid in his apprehension or to warn the public of any dangers he may present;

          (2) The existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement;

          (3) The performance of any examinations or tests or the accused's refusal or failure to submit to an examination or test;

          (4) The identity, testimony, or credibility of prospective witnesses, except that the lawyer or law firm may announce the identity of the victim if the announcement is not otherwise prohibited by law;

          (5) The possibility of a plea of guilty to the offense charged or a lesser offense;

          (6) Any opinion as to the accused's guilt or innocence or as to the merits of the case or the evidence in the case.

          (1) A proscription of extrajudicial statements by participants in the trial (including lawyers, parties, witnesses, jurors and court officials) which might divulge prejudicial matter not of public record in the case.

          (2) Specific directives regarding the clearing of entrances to and hallways in the courthouse and respecting the management of the jury and witnesses during the course of the trial, to avoid their mingling with or being in the proximity of reporters, photographers, parties, lawyers and others, both in entering and leaving the courtroom or courthouse and during recesses in the trial.

          (3) A specific direction that the jurors refrain from reading, listening to, or watching news reports concerning the case, and that they similarly refrain from discussing the case with anyone during the trial and from communicating with others in any manner during their deliberations.

          (4) Sequestriation of the jury on motion of either party or by the Court, without disclosure of the identity of the movant.

          (5) Direction that the names and addresses of jurors or prospective jurors not be publicly released except as required by the Tribal Court, and that no photograph be taken or sketch made of any juror within the environs of the Court.

          (6) Insulation of witnesses during the trial.

          (7) Specific provisions regarding the seating of spectators and representatives of news media, including:

(i) An order that no member of the public or news media representative be at any time permitted within the bar railing;

(ii) The allocation of seats to news media representatives in cases where there are an excess of requests, taking into account any pooling arrangement that may have been agreed to among the newsmen.