Rules of Court
The following provisions shall govern the practice and procedure for the trial of criminal cases in the Red Lake Court of Indian Offenses:
Section 1
A criminal action shall be started by the filing of a complaint and before a complaint is filed or a warrant issued, the Judge before whom such matter is brought shall consider carefully:
a. Whether the Red Lake Court of Indian offenses has jurisdiction over
the person against whom the complaint is to be filed.
b. Whether the offense occurred within the boundaries of the Red Lake Indian Reservation.
c. Whether the alleged offense is one over which the United States District Court has exclusive jurisdiction (Murder, manslaughter, assault with intent to kill, assault with a deadly weapon, rape, arson, incest, burglary, robbery, larceny and embezzlement or theft from any Indian tribal organization).
d. Whether the alleged offense is barred by the Statute of Limitations as set forth in Section 2 of this chapter.
e. Whether the alleged offense is a criminal offense listed under the criminal code of the Red Lake Court of Indian Offenses or is a case involving a civil action for damages or other relief. No warrant of arrest shall be issued on a civil complaint.
f. Whether the defendant is presently in custody or is at large so as to require the issuance of a warrant of arrest.
b. Whether the offense occurred within the boundaries of the Red Lake Indian Reservation.
c. Whether the alleged offense is one over which the United States District Court has exclusive jurisdiction (Murder, manslaughter, assault with intent to kill, assault with a deadly weapon, rape, arson, incest, burglary, robbery, larceny and embezzlement or theft from any Indian tribal organization).
d. Whether the alleged offense is barred by the Statute of Limitations as set forth in Section 2 of this chapter.
e. Whether the alleged offense is a criminal offense listed under the criminal code of the Red Lake Court of Indian Offenses or is a case involving a civil action for damages or other relief. No warrant of arrest shall be issued on a civil complaint.
f. Whether the defendant is presently in custody or is at large so as to require the issuance of a warrant of arrest.
