VIII. APPEAL

1. After imposing sentence in a case which has gone to trial on plea of not guilty, the Court shall advise the defendant of his or her right to appeal.
2. The defendant has the right to appeal from the following:
   1. A final judgment of conviction;
   2. From an order made, after judgment, affecting his substantial rights.
3. The Tribe has the right to appeal from the following:
   1. A judgment of dismissal in favor of the defendant upon a motion to dismiss based on any procedural irregularity occurring before a trial;
   2. An order arresting judgment or acquitting the defendant contrary to the verdict of the jury or before such a verdict can be rendered;
   3. An order of the Court directing the jury to find for the defendant;
   4. An order made after judgment affecting the substantial rights of the Tribe.
4. A notice of appeal must be filed within ten (10) days of entry of the final judgment or other appealable order and such must be served on all parties except the party filing the appeal.
5. The Clerk of Tribal Court shall prepare and submit to the Appellate Court the records of the case appealed including a list of the exhibits introduced at the trial and shall submit the same to the Appellate Court within thirty (30) days of the filing of the appeal. The name of the case shall be the same as used in the trial with the appealing party designated as Appellant and the responding party designated as Respondent.
6. Upon receipt of the transcript the Appellate Court shall determine what procedure shall be followed in regard to the Appeal and shall notify the parties as to the dates of any hearing.
7. Stay of Judgment and Relief Pending Review.
   1. A sentence of imprisonment may, in the Trial Court’s discretion, be stayed if an appeal is taken and the defendant may be given the opportunity to post bail. Any defendant not making bail or otherwise obtaining release pending appeal shall have all the time spent in incarceration counted towards his or her sentence in the matter under appeal.
   2. A sentence to pay a fine or a fine and costs, may be stayed pending appeal upon motion of the defendant, but the Court may require the defendant to pay such money subject to return if the appeal should favor the defendant and negate the requirements for paying such.
   3. An order placing the defendant on probation may be stayed on motion of the defendant if an appeal is taken.