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Crow Court of AppealsCrow Tribal CourtP.O. Box 489Crow Agency, MT 59022 |
CROW
RULES OF CIVIL PROCEDURE
(ANNOTATED)
TITLE
5, CROW TRIBAL CODE
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Rule
18.
STAY OF PROCEEDINGS TO ENFORCE JUDGMENT.
(a.)
Automatic Stay. No writ of
execution shall issue nor shall any proceedings be allowed for enforcement of
judgment until ten (10) days after the entry of the judgment or mailing of
notice of judgment when required.
(b.)
Stay During Appeal. When an
appeal of a final judgment or order of the Crow Tribal Court is taken, the
court, upon appellant’s motion, may grant a stay of execution of judgment.
provided that appellant post a surety bond sufficient to guarantee performance
of the judgment, and payment of the costs of appeal, on or before the date of
filing his appeal.
(c.)
Injunction Pending Appeal. When
an appeal is taken from the granting of a temporary restraining order or a final
judgment, granting, dissolving, or denying an injunction, the court, in its
discretion, may suspend, modify, restore, or grant an injunction during the
pendency of the appeal upon such terms as the court considers proper for the
security of the rights of the adverse party.
Although
the Tribal Code does not specifically authorize Court of Appeals to issue a stay
of execution of judgment or waiver of supersedeas bond pending appeal, Crow
Court of Appeals will follow the policy in Rule 8(a) of the Federal Rules of
Appellate Procedure in reviewing Tribal Court’s orders with respect to stay
and bond. Tribal Court’s final
orders on stay of execution and bond pursuant to
Rule
18(b) of the Crow Rules of Civil Procedure
are thus subject to review only
for abuse of discretion, and may be considered by a single judge in exceptional
circumstances, but such orders will not be reviewed until the Tribal Court has
approved the bond and set its form and amount.
Estates
of Red Wolf and Bull Tail v. Burlington Northern Railroad Co.,
Civ. App. Docket No. 94-31 (Opinion and Order denying stay of judgment and
waiver of supersedeas bond, Feb. 21, 1996); 1996 CROW 3, ¶ 6.
In
a case involving a judgment for $250 million, Rule 18(b) of the Crow Rules of Civil Procedure allows Tribal Court
to consider alternative security arrangements for part of the judgment amount.
However, a substantial portion of the judgment should be secured by a
supersedeas bond, and the judgment debtor has the burden of proving that
alternate security for the remainder of the judgment will provide protections
equivalent to a surety bond. An
immediate partial bond should also be the prerequisite for extending the stay
until the alternate security arrangements are determined.
Id.; 1996 CROW 3 at ¶
23.
*Under Construction*