Document Type
Article
Publication Date
2025
Abstract
This Article argues civil procedure reform is a means of strengthening tribal sovereignty and economies. Although tribal civil procedure codes are largely consistent with their state and federal counterparts, tribal rules of procedure can be difficult to locate. The inability to locate tribal rules of procedure has led the Supreme Court to diminish tribal jurisdiction over non-Indians. Similarly, uncertainty about the rules governing tribal court operation deter businesses from investing in Indian country. By making greater efforts to publish tribal procedure rules and the jurisprudence interpreting them, tribes can enhance their sovereignty and their economies.
Tribes should also consider civil procedure reform. Tribal rules of procedure are based on other American codes of civil procedure, and the American legal system is unique in many ways. In the United States, pleading standards are lower, discovery provisions are more expansive, and jury trials are easier to obtain than in virtually any other country. The procedures governing civil trials in state and federal courts are a primary reason why the United States’ legal system is the world’s most expensive. While numerous reforms have been posited, state and federal courts have been slow to implement them. Accordingly, tribes have the opportunity to take the lead on civil procedure reform and, in so doing, can increase their sovereignty and economies and serve as models for justice reform in the United States.
Recommended Citation
Adam Crepelle, Tribal Civil Procedure: An Unexplored Path to Sovereignty and Economic Development, 77 Fla. L. Rev. 1737 (2025).