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(a) Any party dissatisfied with a decision of the Tribal Court, except the prosecution in a criminal case, may appeal by filing a written notice of appeal with the Clerk within 30 days of the judge’s decision. Where a decision is not delivered at a hearing with both parties present, the 30 days does not begin to run until the party who wishes to appeal receives formal notice of the decision.

(b) Upon receiving the notice of appeal, the Clerk shall create an appellate case file and transfer the entire record, including any notation indicating the existence of a recording of the proceedings, to the Tribal Court of Appeals.

(c) Whenever possible, appeals shall be decided on the record of the case, including the decision form and any recording of the proceedings, in order to eliminate unnecessary travel and delay. The Tribal Court of Appeals may require a hearing or oral argument if it considers that such would be necessary or helpful.

(d) After the decision by the Tribal Court of Appeals, one judge thereof shall fill out a decision form stating the result and reason for the result on appeal. A copy of the completed decision form shall be sent to each party to the appeal by certified mail. The original form of decision shall be filed in the appellate case file and remain a part of the record of the case in any further proceedings.

Comment: This section entirely restates and supersedes its prior version as originally adopted pursuant to Tribal Council Resolution No. 7/5/77A and all amendments thereto.

[Res. 94-021, 1994. Prior Code § 1-90-020.]