Certificate of irreconcilable dispute

A.S.C.A. § 43.0302 — under Procedure in Lands and Titles Division.

A.S.C.A. § 43.0302

(a) Before any action relating to controversies over communal land or matai titles may be commenced in the Land and Titles Division, each party shall file with his complaint a certificate signed and attested by the Secretary of Samoan Affairs or his deputy, in which the Secretary or his deputy affirms and states:

(1) that on at least 2 occasions, the parties have appeared personally before him and 2 persons designated by him, without an attorney or counsel, and that an attempt was made to resolve the controversy;

(2) that all parties to the controversy received at least 20 days notice for each of the 2 required appearances;

(3) the date and hour of the beginning and conclusion of each appearance;

(4) the findings and conclusions of the Secretary or his deputy and the 2 designees with respect to the controversy heard before them, including a statement of the reason why the controversy could not be resolved.

(b) The certification mentioned in subsection (a) may not be required prior to the issuance of a temporary restraining order issued by the Chief Justice or an Associate Justice to prevent the occurring of irreparable damage.

History: 1972, PL 12-59 § l; and 1973, PL 13-39.

Amendments: 1973 Designated original section subsection (a) and added subsection (b).