RULE 40. ASSIGNMENT OF CASES FOR TRIAL.

1. The Chief Judge shall be responsible to assign civil cases to the various Judges and shall be responsible to maintain a separate Court calendar for civil jury cases and civil Court Cases.  The Chief Judge shall review both calendars on a regular basis, but at least every six (6) months to assure himself and the Tribal Judiciary Committee that all pending civil actions are being disposed of as expeditiously as possible.  In the event that the Chief Judge determines that no activity has occurred in a pending civil case beyond two calendar reviews, the Court may fix a hearing time pursuant to Order to Show Cause why the action should not be dismissed without prejudice for failure to prosecute the claim.  If the Court finds that no good cause exists, the Court may in its discretion, giving due regard for the interests of justice, dismiss the case without prejudice for failure to prosecute.
2. Any party wishing to secure a trial date in a civil jury or non-jury case where a responsive pleading has been filed shall make his application for trial date by a certificate of readiness.  A certificate of readiness shall be served on the opposing party or his counsel and shall contain substantially the following information:
   1. That all responsive pleadings have been filed and that the case is ready for trial in all respects.
   2. That all necessary discovery has been completed.
   3. That sufficient time has elapsed to afford all parties the reasonable opportunity to be ready for trial.
   4. The case is either for jury trial or for trial by the Court
   5. There either is or is not a possibility of settlement of the case.
   6. That a pretrial conference either is or is not requested for the purpose of disposing of pretrial motions, jury instructions, or any other pertinent matter.

If the opposing party feels in good faith that the case is not in a posture for trial, he shall file a resistance to the certificate of readiness within ten (10) days after the receipt of the same and serve a copy of the same on all parties establishing by specific facts the reasons why the case is not ready for trial.  He may request a hearing date on the question of whether or not a trial date should be set.  If hearing date is requested, the Court shall fix a hearing date on the question of whether the case is ready for trial and make appropriate Orders.  If no hearing is requested, or no response or resistance is made to the certificate of readiness, the Court shall determine whether the case is ready for trial, and if so, enter an Order fixing a trial date.  If the Court determines that the case is not ready for trial, the Court shall attempt to ascertain what items need to be completed before the case is not ready for trial and enter an Order directed to the parties or their attorneys to complete such items within a reasonable time fixed by the Court so that the matter can be moved forward for trial.  Once a case has been approved by the Court for trial and a trial date has been fixed, no other certificate of readiness need be filed in order to fix trial dates if the initial trial date is postponed for any reason.  Once a certificate of readiness has been filed and the Court has fixed a trial date, no trial date shall be postponed without at the same time fixing a new trial date.