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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118773
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In tribal court, an appeal was filed in 2008, until 2014, in

Customer Question

In tribal court, an appeal was filed in 2008, until 2014, in May 2015 the Appeals court ordered a brief be filed by June 5. Their brief was filed before June 5, 2015. My question is since the actural appeal was filed in 2008, can case law after 2008 be used to argue their case, i.e. they citied 2009 and 2011 case law.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
From having to deal with tribal courts, this is one of the huge problems, they do what they want for the most part. There is no body of written case law as there is in the US courts to go by. In fact, they do not even have to follow prior rulings. Attorneys who practice frequently in tribal court have copies of rulings from prior cases for what they are worth, but they do not have everything issued by the tribal courts and many times they have to rely on US court rulings to try to argue their cases.
Yes, you can cite new case law if the law has changed since the appeal was filed and then it is up to the court to decide if the law being cited from 2009 and 2011 was intended by the court to be a retroactive change or if it was only meant to be prospective. This is the same as in the regular US courts. People cite new case law all the time because courts change their views or expound on the laws and it is up to the court to determine if the new case law was meant to change everything pending from before the new case ruling or not.