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A. In all civil cases the judgment shall consist of an order of the Court awarding damages to be paid to the injured party, or civil penalties or fines to be paid to entities of the Osage Nation government such as are provided by Osage Nation law, or directing the surrender of certain property to the injured party, or the performance of some other act for the benefit of the injured party, including injunctive relief and declaratory judgments.

B. Where the injury inflicted is the result of carelessness or negligence of the defendant the judgment shall fairly compensate the injured party for the loss sustained.

C. Where the injury was deliberately inflicted, the judgment may impose an additional penalty upon the defendant which additional penalty may run in favor of the injured party or in favor of the Nation.

D. Where the injury was inflicted as the result of an accident, or where both the complainant and the defendant were at fault, the judgment shall compensate the complainant for a reasonable part of the loss sustained.

E. No judgment shall be given on a lawsuit unless the defendant has received lawful notice of such a lawsuit under the applicable Federal Rules of Civil Procedure to afford the defendant an opportunity to appear in Court to defend the action. ONCA 11-41, eff. Apr. 12, 2011.