25 U.S.C. § 346: Proceedings in actions for…

Summary

The plaintiff must give the U.S. attorney in the court's district a copy of the petition filed under section 345, and must mail a registered letter with the same copy to the Attorney General of the United States. The plaintiff must then file with the court clerk an affidavit saying he served the U.S. attorney and mailed the letter. The U.S. attorney must appear for the Government and, within 60 days after being served (unless the court extends time), file a plea, answer, or demurrer and notify the court of any counterclaims, set-offs, damage claims, or other defenses. If the U.S. attorney fails to do so, the plaintiff may proceed under the court’s rules, but cannot get a judgment unless the court is satisfied by proof of the claim.

Title 25, §346

Indians, Source: USLM XML via OLRC

The plaintiff shall cause a copy of his petition filed under section 345 of this title, to be served upon the United States attorney in the district wherein suit is brought, and shall mail a copy of same, by registered letter, to the Attorney General of the United States, and shall thereupon cause to be filed with the clerk of the court wherein suit is instituted an affidavit of such service and the mailing of such letter. It shall be the duty of the United States attorney upon whom service of petition is made as aforesaid to appear and defend the interests of the Government in the suit, and within sixty days after the service of petition upon him, unless the time should be extended by order of the court made in the case to file a plea, answer, or demurrer on the part of the Government, and to file a notice of any counterclaim, set-off, claim for damages, or other demand or defense whatsoever of the Government in the premises: Provided, That should the United States attorney neglect or refuse to file the plea, answer, demurrer, or defense, as required, the plaintiff may proceed with the case under such rules as the court may adopt in the premises; but the plaintiff shall not have judgment or decree for his claim, or any part thereof, unless he shall establish the same by proof satisfactory to the court.

Statutory Notes and Related Subsidiaries

Change of Name

“United States attorney” substituted in text for “district attorney of the United States” on authority of act June 25, 1948. See section 541 of Title 28, Judiciary and Judicial Procedure.

§346 Proceedings in Actions for Allotments

Summary

Title 25, §346

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Citations & Metadata