Council of the Cherokee Nation - File #: 16-073

• File #: 16-073
• Version: 1
• Name: COMPREHENSIVE ACCESS TO JUSTICE ACT OF 2016
• Type: Legislative Act
• Status: Passed
• File created: 5/12/2016
• In control: TRIBAL COUNCIL
• On agenda: 5/26/2016
• Final action: 7/13/2016
• Enactment date: 7/12/2016
• Enactment #: LA-16-16
• Title: A LEGISLATIVE ACT AMENDING TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED - CIVIL PROCEDURE
• Sponsors: Joe Byrd
• Indexes: CIVIL PROCEDURE
• Code sections: Title 12 - Civil Procedure
• Related files: CNCA-12, 17-136, 17-137

Date	Ver.	Action By	Action	Result
7/13/2016	1	OFFICE OF THE CHIEF	Signed
7/12/2016	1	TRIBAL COUNCIL	Approved	Pass
6/23/2016	1	RULES COMMITTEE	Referred	Pass
6/23/2016	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass
5/26/2016	1	RULES COMMITTEE	Tabled	Pass

Title
A LEGISLATIVE ACT AMENDING TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED - CIVIL PROCEDURE
Body
BE IT ENACTED BY THE CHEROKEE NATION:

SECTION 1. TITLE AND CODIFICATION

This Act shall be known as the “Comprehensive Access to Justice Act of 2016” (“Act”) and codified under Title 12 of the Cherokee Nation Code Annotated (CNCA).

SECTION 2. PURPOSE

The purpose of this Act is to amend Chapters 1, 2 and 3 of Title 12 of the Cherokee Nation Code Annotated.

SECTION 3. SUBSTANTIVE LAW

Title 12 of the Cherokee Nation Code Annotated shall be amended as follows:

CHAPTER 1
PRELIMINARY PROVISIONS

ADOPTION OF FEDERAL RULES OF CIVIL PROCEDURE-FEDERAL RULES OF
EVIDENCE

§ 1. Federal Rules of Civil Procedure-Federal Rules of Evidence

A. The Federal Rules of Civil Procedure shall be used in Cherokee Nation courts in all suits of a civil nature whether cases at law or in equity unless superseded by a Cherokee Nation rule of civil procedure.

B. The Federal Rules of Evidence shall be used in Cherokee Nation courts in all suits of a civil nature whether cases at law or in equity unless superseded by a Cherokee Nation rule of evidence.






CHAPTER 1
CIVIL PROCEDURE

§ 1 Title of Chapter
This chapter shall be known as the Code of Civil Procedure of the Cherokee Nation.
§ 2 Jurisdiction-General
The Courts of the Cherokee Nation may exercise jurisdiction on any basis consistent with the Cherokee Nation Constitution.
§ 3 Law to be Applied
The courts shall apply the laws of the Cherokee Nation. The laws of the Cherokee Nation shall include the Constitution of the Cherokee Nation, all statutes heretofore and hereafter enacted by the Tribal Council and the Cherokee common law. The Cherokee common law consists of the traditional customs and usages of the Cherokee people since time immemorial. In matters arising under the common law, the courts may request the advice of tribal elders, scholars and counselors familiar with the same. No state, or federal law, includin...