Civil Proceedings
Appeals
Yes.
Yes, 20 days from the entry of the judgment. The court will provide the forms for the appeal.
Yes. Please refer to our Fees Page.
It is a verbatim record of the hearing.
Child Support
You will have to file a petition.
Yes. Please refer to our Fees Page.
You will be able to file for paternity as you file for child support. The Court will provide you with the necessary paperwork.
The petition and a summons will be sent to the alleged father. He will be given 21 days to answer the petition. After the allowed time, a hearing will be set for the matter.
Divorce
Yes. Please refer to our Fees Page.
Before you can file, the defendant must reside on the Bay Mills Indian Reservation or you will have to file in State Court.
Yes, forms will be provided by the court. Once the form is completed and filed, a copy will be mailed to the defendant, giving them 21 days to respond.
If there are no children from the marriage, it will take 3 months. If there are children, it will take 6 months.
You can file a motion for an Interim Order to be in place stating to keep everything as is until the finalization of the divorce.
Marriage License and Ceremony
Yes. Please refer to our Fees Page.
Tribal Chairperson; Tribal Court Judge of any federally recognized Indian tribe authorized to perform marriages; Member of Clergy; Medicine or Spiritual Leader (in this case, both parties must be Indian); or any individual authorized by license to perform marriages.
It is required to be performed within boundaries of Bay Mills Reservation.
Paternity
Yes. Please refer to our Fees Page.
The father can file action if the mother and child reside on the Bay Mills Reservation; or the mother can file action if the father resides on the Bay Mills Indian Reservation. The Court will provide necessary forms.
Personal Protection Order (PPO)
No.
You as the plaintiff residing on tribal lands can still file here, as the PPO is put into lien or you may file in state court.
You will be given a form and an affidavit and sworn statement of facts form to complete.
You may ask for a hearing to provide reasons why it should be terminated.
Probate
Yes. Please refer to our Fees Page.
You will need a death certificate; a copy of the Will, if any; and documentation that the deceased had property on Reservation and a member of Tribe.
Yes, the clerk will provide you with the proper forms and an instruction sheet.
After the clerk mails out the Consent/Waiver Form to all listed heirs or devisees, they are given 21 days to return the signed Consent/Waiver Form. If the court receives all Consent/Waiver forms within 21 days, a hearing will be set earlier. If the court does not receive the form from all heirs and devisees in time allowed, a hearing notice will go to all parties involved.
This is a form sent to all heirs and devisees to be signed if they are consenting to the appointment of the proposed Personal Representative and whether they waive notice of hearing for the appointment of the Personal Representative and the admission of the Will.
Criminal Proceedings
Appeals
Yes.
Yes, 30 days from the entry of the judgment. The court will provide the forms for the appeal.
Yes. Please refer to our Fees Page.
It is a verbatim record of the hearing.
Arraignment (Charge(s); Rights; Plea; and Bond)
You will be read the charge(s) filed against you. The Judge will also read you your rights, set bond conditions and take your plea.
You have the right to have an attorney represent you at your own expense. If you wish to engage an attorney, you have the right for a continuance until you have had a chance to speak with your counsel. You have the right to testify or not testify on your behalf; guilty will not be presumed if you wish to remain silent. You have the right to confront and cross-examine witnesses against you. You have the right to subpoena witnesses on your behalf. You have the right for a trial (criminal cases by jury). You have the right to appeal.
You can plead not guilty and the court will set the matter for a pretrial. You can plead guilty in which sentencing can be done at the arraignment or at a later date; or you can plead no contest of which the court will treat as a guilty. Here you are simply stating that you do not contest the charge(s).
Where you may be released on your own recognizance, but need to follow certain requirements. This may include no drinking; no entry of an establishment that serves alcohol (except for employment); no use of any illegal controlled substance; no violation of any tribal, local, state or federal laws; no driving within the boundaries of the Bay Mills Reservation without a valid driver’s license; must inform the court of any address or telephone number changes within 48 hours; must have a curfew; no contact with the victim; and any other conditions the court deems necessary and appropriate.
Bench Trial
The prosecutor presents the case identifying all evidence and witnesses before the Judge, and the defense can cross-examine witnesses and present his/her defense. The Judge will take all the testimony into consideration and render a decision as to whether you will be found not guilty or guilty.
Community Service
In some cases. You will need to address the Judge, giving reasons why you are unable to pay the fines. This request may be denied, granted or granted in part which you may have to pay partial fine and community service to cover the rest owed.
Criminal Complaint
A document that sets forth the basis upon which a person is to be charged with a crime. This document clearly informs the defendant of the alleged charges against him/her.
You will be notified of an arraignment when you receive the complaint. The complaint and arraignment notice will be served to you personally
Jury Trial
This is where jurors render the decision.
Tribal members residing in Chippewa County.
The Court receives a list of eligible tribal members ages 18-74 from the enrollment clerk. Upon receiving the list, they are randomly selected.
The court administrator uses an Excel format that allows a key strike and names are randomly drawn from the list provided.
Motions
It is either written or oral application requesting the court to make specified ruling or order.
Pretrial
The prosecutor and your attorney, if you have obtained one (or qualified for a court appointed attorney), set deadlines such as when witnesses and exhibit list is to be filed; motions to be filed and dates to be heard; discovery deadline; deadline to withdraw jury trial (if requested); and set date and time of trial.
Probation
If placed on probation, the probation officer will set up times he/she will meet with you.
Sentencing
The court may impose jail, fines, restitution, court costs, community service, probation and other penalties.
Not necessarily. If jail is not held in abeyance, the judge may allow some time before reporting to the Chippewa County Jail.
Probation can be anywhere from 30 days to one year.
Yes. If you break probation you may have to serve jail time, pay additional fines, serve additional probation time or other consequences.