Skip to main content
Loading…
This section is included in your selections.

Unless the code provisions require otherwise for time limits, the following rules apply:

(a) Time to Serve a Responsive Pleading. Unless another time is specified by this rule, a section of this code, or as specified in an ordinance of the Tribe a respondent must serve an answer within 20 days after being served with the summons and complaint/petition.

(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required, but a party may assert the following defenses by motion:

(1) Lack of subject-matter jurisdiction;

(2) Lack of personal jurisdiction;

(3) Improper venue;

(4) Insufficient process;

(5) Insufficient service of process; and

(6) Failure to state a claim upon which relief can be granted.

Defenses in subsections (b)(2) through (b)(5) of this section may be waived if not raised in the first response to the initial complaint. [Ord. 81, amended, 1/6/2023; Ord. 63, renumbered, 12/6/2019; Rule mod. dated 8/2018 dated 8/2018; Ord. 48 § 3.7, amended, 1/6/2017; Ord. 26, amended, 4/1/2012; Ord. 19, amended, 10/22/2008. Formerly 2.10.200.]