TITLE IV – CIVIL PROCEDURE

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CHAPTER 1. PRETRIAL PROCEEDINGS

Sec. 101.

Commencement of Civil Action

(a) A civil action is commenced by filing a written complaint with the Clerk of the Tribal

Court and by service of copies of the complaint on the defendants.

(b) A complaint is a concise written statement of the essential facts constituting the claim.

(d) The complaint shall be verified before the Judge, Clerk or any notary public.

(Revised by Ordinance #4-98; Adopted: June 18, 1998; Effective: June 18, 1998)

Sec. 102.

Service of process

(a) Each defendant shall be served with a copy of the complaint.

(b) Service shall be made in one of the following ways:

(1) to the defendant personally;

(2) to a person of suitable age and discretion at the defendant's residence or usual

place of business who also resides or works there;

(3) to an agent authorized by appointment or by law to receive service of process;

(4) by registered or certified mail, return receipt requested, to the defendants' usual

residence or principal place of business;

(5) if the Court orders, by certified mail to a Tribal member defendant at their lastknown mailing address on file with the Tribe;

(6) if the Court orders and the defendant lives on the Reservation, by publication of

the complaint and notice of hearing in the tribal newsletter or a local newspaper of

general circulation on the Reservation designated by the Court at least once per

week for four (4) consecutive weeks; or

(7) if the Court orders and the defendant lives off the Reservation, by publication

of the complaint and notice of hearing in the local newspaper of general circulation

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in the defendant’s place of residence at least once per week for four (4) consecutive weeks.

shall be made by delivering a copy of the complaint to the Tribal Chairman, the tribal attorney and

the officer named in the manner prescribed in Subsection (b) above, except that service by

publication is not permitted.

(d) Service in person shall be made by any law enforcement officer or by any adult not a

party to the case.

(e) Where the Court has jurisdiction of the cause of the action, service may be made

anywhere within the United States.

(f) The return postal receipt shall be filed in the case record and shall constitute proof of

service by mail. The affidavit of service by the person making service shall be filed in the case

record and shall constitute proof of service.

(g) If a defendant is two or more persons associated in business together and transacting

such business under a common name, service of process need be made on only one of the

associates; each associate need not be served.

(h) If a defendant is a corporation, service of process may be made on any officer, person

in charge of any office, or registered agent thereof.

(i) If a defendant is a minor, service of process may be made on a parent, person having

custody of such minor, or the legally appointed guardian of such minor. If a guardian ad litem has

been appointed, service shall also be made on the guardian ad litem.

(j) If a defendant has been judicially declared to be of unsound mind, and is either an inmate

of an institution for the mentally incompetent, or has a legally appointed guardian, service of

process may be on the superintendent of such institution or on such guardian.

(Revised by Ordinance #05-23; Adopted: November 2, 2023; Effective: November 2, 2023).

Sec. 103.

Hearing

(a) At the time the verified complaint is filed, the Clerk shall schedule a hearing on the

complaint not less than fifteen (15) days after the complaint is filed. The Clerk shall furnish the

plaintiff with a copy of the notice showing the time and place of the hearing and shall affix such

notice to the copy of the complaint to be served on each defendant. At the hearing, the presiding

Judge shall ascertain whether:

(1) the defendant has any defenses to the claim or wishes to present any

counterclaim against the plaintiff or cross-claim against any other party or person

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concerning the same transaction or occurrence;

(2) any party wishes to present evidence to the Court concerning the facts of the

transaction or occurrence;

(3) the interests of justice require any party to answer written interrogatories, make

or answer requests for admissions, produce any documents or other evidence, or

otherwise engage in pre-trial discovery considered proper by the Judge;

(4) some or all of the issues in dispute can be settled without a formal adjudication;

and

(5) the claim is ready for trial.

(b) if the claim is ready for trial, the Judge may try it immediately or set a subsequent date

for trial.

such preparation or other actions to be undertaken by the parties as the Judge deems necessary.

Sec. 104.

Issuance of subpoenas

(a) Upon request of any party or upon the Court's own initiative, the Court shall issue

subpoenas to compel the testimony of witnesses, or the production of books, records, documents

or any other physical evidence relevant to the determination of the case that does not impose an

undue burden on the person possessing the evidence.

(b) A subpoena shall bear the signature of the Chief Judge or his/her designee, and shall

state the name of the Court, the name of the person or description of the physical evidence to be

subpoenaed, the title of the proceeding, and the time and place where the witness is to appear or

the evidence is to be produced.

(Revised by Ordinance #4-93; Adopted: May 10, 1993; Effective: May 10, 1993)

Sec. 105.

Service of subpoenas

A subpoena may be served in the manner prescribed in Section 102, except that service by

publication is not permitted. A subpoena must ordinarily be served at least five (5) days in advance

of the time set for appearance and must be served sufficiently in advance of the date when the

appearance of the witness is required to enable the witness to reach the appearance place by the

ordinary or usual method of transportation.

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Sec. 106.

Failure to obey subpoena

In the absence of a justification satisfactory to the Court, a person who fails to obey a

subpoena issued and served in accordance with the provisions of this Code may be cited and held

in contempt of court.

Sec. 107.

Witness Fees

(a) Each witness answering a subpoena shall be entitled to a fee as set by the Court for each

day the witness’ services are required.

(b) The fees and expenses provided in this section shall be taxed as court costs and assessed

against the parties in the judgment in the case.

(Revised by Ordinance #4-98; Adopted: June 18, 1998; Effective: June 18, 1998)

Sec. 108.

Intervention

Upon timely application, any person shall be permitted to intervene in an action if the Court

determines that justice cannot otherwise be granted or that without such intervention the rights of

the person cannot be properly protected. Any person desiring to intervene shall serve a motion to

intervene upon the parties. A motion to intervene shall state the grounds for intervention and shall

be accompanied by a pleading setting forth the claim or defense for which intervention is ought.

Upon hearing or stipulation of the parties, the Court shall determine whether or not intervention

will be allowed.

CHAPTER 2. TRIALS

Sec. 201.

Trial procedure

(a) The time and place of court sessions, and all other details of judicial procedure may be

set out in rules of court.

(b) All testimony of witnesses shall be given orally under oath in open court and subject to

the right of cross-examination. Documentary and tangible evidence shall also be received in open

court.

discretion may grant a jury trial upon timely request of a party where the amount in controversy is

more than Twenty Thousand ($20,000.00) Dollars. Within ten (10) days from the execution of the

Jury Order, a bond as specified and determined by the Court must be posted with the Clerk of

Court by the party requesting same. If the bond is not received within the required time the jury

request shall be considered waived. If a jury trial is granted, the Court shall follow the provisions

of Section 507 of Title II, and the compensation and expenses of the jurors shall be taxed as court

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cost, and assessed against the parties in the final judgment.

(d) The case of the plaintiff shall be presented first, followed by the case of the defendant.

If rebuttal is required, the plaintiff shall proceed first, followed by the defendant.

(e) At the conclusion of the evidence, the plaintiff, and the defendant may, in turn,

summarize the proof and make final argument.

(Revised by Ordinance #4-98; Adopted: June 18, 1998; Effective: June 18, 1998; Revised by

Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 202.

Consolidated and separate trials

(a) Consolidation. The Court may, upon motion of any party or upon on its own motion,

order some or all of the issues raised in separate actions tried together when there is a common

issue of fact or law relating to the actions and consolidation would tend to avoid unnecessary cost

or delay.

(b) Separate trials. The Court may, to avoid prejudice or in furtherance of convenience,

order a separate trial of a claim or issue.

Sec. 203.

Substitution of parties

If a party dies, becomes incompetent, or transfers his interest, a substitute or successor

party may be joined or substituted as justice requires.

CHAPTER 3. JUDGMENTS

Sec. 301.

Judgments

A judgment shall be entered in each civil case. The judgment shall be for money or other

relief or for dismissal. A judgment is complete and shall be deemed entered when it is signed by

the Judge and filed with the Clerk.

Sec. 302.

Judgment by default

(a) If a defendant, after being served with a copy of the complaint as provided in Section

102, and notice of a hearing as provided in Section 103 fails to appear at the hearing or trial or

otherwise to defend the case the Court may enter a default judgment granting the relief sought in

the complaint upon such showing of proof by the plaintiff as the Court deems appropriate.

(b) If a plaintiff, after being notified of the time and place of the hearing as provided in

Section 103, fails to appear at the hearing or trial, or otherwise to prosecute the case, the Court

may dismiss the case for failure to prosecute.

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for failure to prosecute.

Sec. 303.

Proof of satisfaction

Proof that a judgment has been satisfied in whole or in part as to any or all judgment debtors

may be executed under oath and filed by an attorney of record. The Clerk shall file all satisfactions

of judgment and note the amount thereof in the judgment docket.

Sec. 304.

Execution

(a) If any final judgment for money rendered by the Court is not satisfied within sixty (60)

days of entry or such other time fixed by the Court, the judgment creditor may apply to the Court

for an order directing the judgment debtor to appear before the Court for purposes of itemizing his

property.

(b) After giving the judgment debtor an opportunity for hearing, the Court shall determine

what property is available for execution and shall order tribal law enforcement officers to seize

such property as may be necessary to satisfy the judgment.

Sec. 305.

Judgment constitutes a lien

A judgment shall constitute a lien on any nonexempt property of the judgment debtor.

Notice of this lien may be entered by the judgment creditor in the public records of any county or

state where such property is located.

Sec. 306.

Life of judgment

No judgment of the Court for money shall be enforceable after ten (10) years from the date

of entry unless application to renew the judgment shall have been filed before the date of expiration

pursuant to Section 307.

Sec. 307.

Renewal of judgment

Upon application of the judgment creditor prior to the expiration of ten (10) years after the

date of the entry of a judgment for money, the Court shall order the judgment renewed and

extended for an additional ten (10) years.

(Revised by Ordinance#4-98; Adopted: June 18, 1998; Effective: June 18, 1998)

Sec. 308.

Stay of judgment

Except as provided herein, no execution or enforcement shall issue on any judgment in a

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civil case until the expiration of ten (10) days after its entry. When a petition for review has been

filed with the Court of Appeals following a judgment, the trial Court may stay its judgment or stay

or grant an injunction during the pendency of the petition and any ensuing appeal on such terms,

bond, or other conditions it considers proper to secure the rights of the adverse party as provided

in Section 207 (d) of Title I of this Code.

Sec. 309.

Costs and attorneys fees

In civil actions, costs shall be awarded the prevailing party as part of the final judgment

unless the Court determines that the case has been prosecuted or defended solely for harassment

and without any reasonable expectation of success. No costs shall be awarded against the Tribe or

against any officer of the Tribe or member of the Tribal Council sued in his official capacity. Costs

shall include filing fees, reasonable and necessary expenses of involuntary witnesses, costs

associated with compensation and expenses of the jury, and such other proper and reasonable

expenses, exclusive of attorneys' fees.

Sec. 310.

Property exempt from judgments for money

(a) Except for judgments for the support of a spouse or child, the following property of the

judgment debtor or the debtor's spouse shall be exempt from execution under Section 304:

(1) provisions and fuel necessary to supply the debtor and his immediate family for

one (1) year, or the monetary equivalent of such provisions and fuel;

(2) all clothing and personal effects;

(3) all household furnishings;

(4) one (1) dwelling place whether it be a house, cabin, trailer or other structure;

(5) one (1) truck or other motor vehicle valued at not more than Eight Thousand

($8,000.00) Dollars;

(6) except for a farmer or rancher, one (1) horse, one (1) saddle and bridle, one (1)

wagon, two (2) cows and their calves, four (4) hogs and fifty (50) domestic fowls,

and feed for such animals for three (3) months;

(7) for a farmer or rancher, livestock, farm equipment, machinery, and seed, grain

or vegetables not exceeding Fifteen Thousand ($15,000.00) Dollars in value;

(8) or a mechanic or artisan, tools or implements necessary to carry on his trade;

(9) all moneys, benefits, privileges or immunities derived from life insurance on

the debtor’s life;

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(10) all retirement allowances, benefits and pensions;

(11) all family pictures;

(12) a pew or other sitting in any house of worship;

(13) a lot or lots in any burial ground;

(14) one (1) Bible, all school books, and all other books not exceeding Two

Hundred Fifty ($250.00) Dollars in value;

(15) one (1) rifle or handgun;

(16) real property held in trust by the United States; and

(17) property acquired with a loan or loan guaranty from the United States

Department of Interior, Bureau of Indian Affairs.

(b) Property described in Subsection (a) of this Section may, however, be subject to

execution where the judgment debtor has executed a valid and lawful mortgage or security

agreement with the judgment creditor, specifically pledging such property as collateral.

Sec. 311.

Garnishment of wages for satisfaction of judgment

(a) In a civil action for garnishment filed by a judgment creditor, the Court may order

garnishment of unpaid past or future wages of the judgment debtor for satisfaction of the judgment.

No garnishment action shall be filed unless the judgment remains unsatisfied sixty (60) days after

it was entered. In an action for garnishment the judgment debtor and the judgment debtor's

employer shall be named as defendants.

(b) The maximum amount of wages subject to garnishment in any one (1) work week shall

be the lesser of:

(1) twenty-five (25%) percent of the judgment debtor's disposable wages for one

(1) work week, or

(2) the amount by which the judgment debtor's disposable wages for one (1) work

week exceed forty (40) times the federal minimum hourly wage prescribed by

Section 6(a)(1) of the Fair Labor Standards Act of 1938.

debtor resigns or is dismissed from his employment provided that if the judgment debtor is rehired

within ninety (90) days after such resignation or dismissal, the garnishment order shall continue in

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effect.

(d) No employer shall discharge an employee for the reason that a judgment creditor of the

employee has garnished or attempted to garnish unpaid earnings of the employee.

(e) For the purposes of this Section:

(1) "Wages" means compensation paid or payable for personal services whether

denominated as wages, salary, commission, bonus or otherwise.

(2) "Disposable wages" means that part of the wages of an individual left after

deduction of federal tax withholding, and any other amounts required by applicable

law to be withheld by the employer.

CHAPTER 4. EXTRAORDINARY WRITS

Sec. 401.

Temporary restraining orders without notice

(a) No temporary restraining order or other injunction without notice shall be granted where

the Tribe or a tribal official in his official capacity is a defendant. Otherwise, except as provided

in Subsection (c), no temporary restraining order shall be granted without notice to the adverse

party unless it clearly appears from specific facts shown by oral testimony, affidavit, or the verified

complaint that immediate and irreparable injury will result to the applicant before notice can be

served and a hearing had thereon.

(b) Where a temporary restraining order is granted without notice, the motion for a

preliminary injunction shall be set for hearing at the earliest possible time and shall take

precedence over all matters except previously filed matters of the same character. When the motion

is heard, the party who obtained the temporary restraining order shall proceed with the application

for a preliminary injunction; if he fails to do so, the court shall dissolve the temporary restraining

order. On two (2) days notice to the party who obtained the temporary restraining order without

notice, or on such shorter notice to that party as the Court may prescribe, the adverse party may

appear and move for dissolution or modification of the temporary restraining order and the Court

shall proceed to hear and determine such motion as expeditiously as possible.

hour of issuance and shall expire within such time after entry, not to exceed ten (10) days, as

provided in the order.

Sec. 402.

Preliminary injunctions

A preliminary injunction restrains activities of a defendant until the case can be determined

on the merits. No preliminary injunction shall be issued without notice to the adverse party and an

opportunity to be heard, and no preliminary injunction shall be issued absent clear and convincing

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proof by specific evidence that the applicant will suffer irreparable harm during the pendency of

the litigation unless a preliminary injunction is issued, that the balance of equities favors the

applicant over the party sought to the enjoined. The Court may dissolve or modify a preliminary

injunction at any time as the interests of justice require.

Sec. 403.

Security

Except as otherwise provided by law, no temporary restraining order or preliminary

injunction shall issue except upon the giving of security by the applicant in such sum as the Court

deems proper for the payment of such costs and damages as may be incurred or suffered by any

party who is found to have been wrongfully enjoined or restrained. No such security shall be

required of the United States, the Tribe, or of an agency or officer of either.

Sec. 404.

Habeas Corpus

(a) Availability.

(1) Except as provided in Section 404(a)(2), every person within the Tribe’s

jurisdiction who is imprisoned or otherwise deprived of liberty may file in the

Tribal Court a petition for writ of habeas corpus to inquire into the lawfulness of

their imprisonment or restraint.

(2) The writ of habeas corpus is not available to attack the validity of the conviction

or sentence of a person who has been convicted of an offense by a court of

competent jurisdiction and has exhausted the remedy of appeal, nor is it available

to attack the legality of an order revoking a suspended or deferred sentence.

Moreover, a person may not be released on a writ of habeas corpus due to any

technical defect in commitment that does not affect the person’s substantial rights.

(b) Issuance.

(1) The petition for a writ of habeas corpus shall be signed by the petitioner and

must be filed with the Tribal Court. It must specify:

i. That the petitioner is unlawfully imprisoned or deprived of liberty;

ii. Why the imprisonment or deprivation is unlawful; and

iii. Where or by whom the petitioner is confined or restrained.

(3) The petitioner must be verified by declaration under penalty of perjury that the

contents of the petition are true to the best of the petitioner’s belief.

whenever it appears to the Tribal Court that the petitioner is unjustly imprisoned or otherwise

unlawfully deprived of liberty. When the Tribal Court decides that a writ ought to issue, it shall be

granted without delay.

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(d) Requirements for Service. The writ must be served upon the person to whom it is

directed in accordance with Section 102(c) of this Title IV. It must direct that person to bring the

petitioner before the Tribal Court at a time and place therein specified for a hearing.

(f) Hearing. The Tribal Court shall proceed to hear the matter and render judgment

accordingly. Evidence may be produced and compelled as provided by the laws governing criminal

procedures and evidence.

(h) Disposition of the Petitioner. If the Tribal Court finds in favor of the petitioner, any

appropriate orders must be entered as may be necessary and proper. If the Tribal Court finds

against the petitioner, the petitioner must be returned to the custody of the person to whom the writ

was directed.

(Revised by Ordinance #05-23; Adopted: November 2, 2023; Effective: November 2, 2023)

CHAPTER 5. PETITIONS TO CHALLENGE THE MEMBERSHIP QUALIFICATION

OF AN ENROLLED MEMBER

(Added by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002; Revised

by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 501.

Petition to Challenge the Membership Qualification of an Enrolled Member

(a) Subject to a one (1) year statute of limitation, any enrolled member of the Chitimacha

Tribe may file a petition challenging the eligibility for enrollment of another tribal member with

the Clerk for the Tribal Court.

(b) Any such Petition shall include:

(1) Proof of the Petitioner’s enrollment in the Chitimacha Tribe;

(2) A sworn affidavit stating the facts and circumstances upon which the Petition is

based and any other information that the Petitioner has to substantiate his/her

allegations;

(3) A statement of any relationship between the Petitioner and the person that is the

subject of the Petition;

(4) Proof that a copy of the Petition was mailed First Class mail return receipt

requested to the person that is the subject of the Petition; and

(5) The name and address of the Petitioner.

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Any Petition not filed in accordance with these procedures shall not be accepted and shall be

returned to the Petitioner with a notice from the Court clerk of its deficiencies.

(Added by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002; Revised

by Ordinance #02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Sec. 502.

Petitions challenging the Paternity of an enrolled member

If a Petition challenges the paternity of an enrolled member, the acknowledged paternal

father of the person, who is the subject of the Petition, must be living in order for the Petition to

be valid.

(Added by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002)

Sec. 503.

Receipt of a valid petition

Upon receipt of a valid Petition, the Trial Court shall in not less than fifteen (15) days of

receipt of the Petition, direct by Order of the Court, the Chitimacha Enrollment Officer to conduct

an investigation of the allegations in the Petition.

(Added by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002)

Sec. 504.

Enrollment Officer’s Action

Within thirty (30) days of the issuance of such Order, the Enrollment Officer shall present

his written findings to the Trial Court.

(Added by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002)

Sec. 505.

Additional hearing

Upon receipt of the Enrollment Officer’s findings, the Trial Court may adopt those findings

or may conduct a hearing to take additional testimony for the record, such a hearing shall be held

within not less than thirty (30) days of receipt of the Enrollment Officer’s findings. Notice of the

hearing shall be mailed to the Petitioner and the person, who is the subject of the Petition. Either

party may present testimony and evidence.

(Added by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002)

Sec. 506.

Authority to issue subpoenas

If the Trial Court elects to hold a hearing, it may issue a subpoena to compel the testimony

of witnesses or the production of records, documents or any other physical evidence relevant to

the Petition.

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(Added by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002)

Sec. 507.

Findings of Fact

Within fifteen (15) days of any hearing under Section 505 or receipt of the Enrollment

Officer’s findings, if no such hearing is held, the Trial Court shall issue its Findings of Fact on the

Petition and shall certify these findings to the Tribal Council.

(Added by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002)

CHAPTER 6. APPLICABLE LAWS

(Revised by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002)

Sec. 601.

Applicable laws

(a) In determining any case over which it has jurisdiction the Court shall give binding effect

to:

(1) any applicable constitutional provision, treaty, law, or valid regulation of the

United States;

(2) any applicable provision of the Tribal Constitution or law of the Tribe not in

conflict with federal law;

(3) any applicable custom or usage of the Tribe not in conflict with any law of the

Tribe or of the United States. Where doubt arises as to such custom and usage, the

Court may request the testimony, as witnesses of the Court, of persons familiar with

such custom and usage.

(b) Where appropriate, the Court may, in its discretion, be guided by statutes, common law,

or rules of decision of the State in which the transaction or occurrence giving rise to the

cause of action took place.

(Added by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002)

CHAPTER 7. STATUTE OF LIMITATIONS

(Revised by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002)

Sec. 701.

Limitations of actions

The Court shall have no jurisdiction over any action brought more than one (1) year after

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the occurrence or event giving rise to the cause of action, except that no statute of limitation shall

bar an action commenced by the Tribe.

(Revised by Ordinance # 2-95; Adopted: January 12, 1995; Effective: January 12, 1995; Revised

by Ordinance #3-01; Adopted: December 18, 2001; Effective: November 8, 2002)

CHAPTER 8. CHITIMACHA RULES OF EVIDENCE

(Added by Ordinance # 02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

Section 1. General Provisions

Rule 101. Scope

These rules govern proceedings in the courts of the Chitimacha Tribe of Louisiana and

before Chitimacha judges, to the extent and with the exceptions stated in Rule 1101.

Rule 102. Purpose and Construction

These rules shall be construed to secure fairness in administration, elimination of

unjustifiable delay and expense, and promotion of growth and development of the Chitimacha

tribal law of evidence to the end that the truth may be ascertained and proceedings justly

determined. Decisional law from other jurisdictions interpreting similar rules may guide the

Chitimacha courts but shall not be binding.

Rule 103. Rulings on Evidence

(a) Effect of Erroneous Ruling. Error may not be predicated upon a ruling which admits or

excludes evidence unless a substantial right of the party is affected, and:

(1) Objection. In case the ruling is one admitting evidence, a timely objection or

motion to strike appears of record, stating the specific ground of objection, if the

specific ground was not apparent from the context; or

(2) Offers of Proof. In case the ruling is one excluding evidence, the substance of

the evidence was made known to the court by offer or was apparent from the context

within which the questions were asked.

(b) Record of Offer and Ruling. The court may add any other or further statement which

shows the character of the evidence, the form in which it was offered, the objection made, and the

ruling thereon. It may direct the making of an offer in question and answer form. The court shall

mark as an exhibit for identification anything offered by a party.

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practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means,

such as making statements or offers of proof or asking questions in the hearing of the jury.

(d) Plain Error. Nothing in this rule precludes taking notice of plain errors affecting

substantial rights although they were not brought to the attention of the court.

Rule 104. Preliminary Questions

(a) Questions of Admissibility Generally. Preliminary questions concerning the

qualification of a person to be a witness, the existence of a privilege, or the admissibility of

evidence shall be determined by the court, subject to the provisions of subdivision (b). In making

its determinations it is not bound by the rules of evidence except those with respect to privileges.

(b) Relevancy Conditioned on Fact. When the relevancy of evidence depends upon the

fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of

evidence sufficient to support a finding of the fulfillment of the condition.

conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so

conducted when the interests of justice require, or when an accused is a witness and so requests.

(d) Juvenile Confession. Any confession by a juvenile must be made in the presence of a

parent or guardian after advising both of the rights of the child.

(e) Testimony by Accused. The accused does not, by testifying upon a preliminary matter,

become subject to cross-examination as to other issues in the case.

(f) Weight and Credibility. This rule does not limit the right of a party to introduce before

the jury evidence relevant to weight or credibility.

Rule 105. Limited Admissibility

When evidence which is admissible as to one party or for one purpose but not admissible

as to another party or for another purpose is admitted, the court, upon request, shall restrict the

evidence to its proper scope and instruct the jury accordingly.

Rule 106. Remainder or Related Writings or Recorded Statements

When a writing or recorded statement or part thereof is introduced by a party, an adverse

party may require the introduction at that time of any other part or any other writing or recorded

statement which ought in fairness to be considered contemporaneously with it.

Section 2. Judicial Notice

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Rule 201. Judicial Notice of Adjudicative Facts

(a) Scope of Rule. This rule governs only judicial notice of adjudicative facts.

(b) Kinds of Facts May Include. A judicially noticed fact must be one not subject to

reasonable dispute in that it is either (1) generally known or (2) capable of accurate and ready

determination by resort to sources whose accuracy cannot reasonably be questioned.

(d) When Mandatory. A court shall take judicial notice if requested by a party and supplied

with the necessary information.

(e) Opportunity to Be Heard. A party is entitled upon timely request to an opportunity to

be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the

absence of prior notification, the request may be made after judicial notice has been taken.

(f) Time of Taking Notice. Judicial notice may be taken at any stage of the proceeding.

(g) Instructing Jury. In a criminal case, the court shall instruct the jury that it may, but is

not required to, accept as conclusive any fact judicially noticed.

Section 3. Presumptions

Rule 301. Presumption in General in Civil Actions and Proceedings

(a) Effect. In all civil actions and proceedings, except as otherwise provided by tribal law

or by these rules, a presumption imposes on the party against whom it is directed the burden of

proving that the nonexistence of the presumed fact is more probable than its existence.

(b) Prima Facia Evidence. A tribal law providing that a fact or group of facts is prima facia

evidence of another fact establishes a presumption within the meaning of this rule.

other, the court shall apply the presumption which is founded on the weightier considerations of

policy and logic. If there is no such preponderance, both presumptions shall be disregarded.

Rule 302. Presumptions in Criminal Cases

(a) Scope. Except as otherwise provided by tribal law, in criminal cases presumptions

against an accused, created by ordinance, including statutory provisions that certain facts are prima

facia evidence of other facts or of guilt, are governed by this rule.

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(b) Submission to Jury. The court is not authorized to direct the jury to find a presumed

fact against the accused. The court may submit the question of guilt or of the existence of the

presumed fact to the jury, if, but only if, a reasonable juror on the evidence on the whole, including

the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt.

submitted to the jury, the court in instructing the jury should avoid charging in terms of a

presumption. The charge shall include an instruction to the effect that the jurors have a right to

draw a reasonable inferences from the facts proved beyond a reasonable doubt and may convict

the accused in reliance upon an inference of fact if they conclude that such inference is valid and

if the inference convinces them of guilt beyond a reasonable doubt and not otherwise.

Section 4. Relevancy and its Limits

Rule 401. Definition of "Relevant Evidence"

"Relevant evidence" means evidence having any tendency to make the existence of any

fact that is of consequence to the determination of the action more probable or less probable than

it would be without the evidence.

Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible

All relevant evidence is admissible, except as otherwise provided by tribal law or by these

rules or by other rules applicable in the Chitimacha courts or as limited by requirements of the

Indian Civil Rights Act, 25 U.S.C. §1301-1303. Evidence which is not relevant is not admissible.

Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of

Time

Although relevant, evidence may be excluded if its probative value is substantially

outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or

by consideration of undue delay, waste of time, or needless presentation of cumulative evidence.

Rule 404. Character Evidence not Admissible to Prove Conduct; Exceptions; Other Crimes

(a) Character Evidence Generally. Evidence of a person's character or trait of character is

not admissible for the purpose of proving action in conformity therewith on a particular occasion,

except:

(1) Character of Accused. Evidence of a pertinent trait of character offered by an

accused, or by the prosecution to rebut the same;

(2) Character of Victim. Evidence of a pertinent trait of character of the victim of

the crime offered by an accused, or by the prosecution to rebut the same.

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(3) Character of Witness. Evidence of the character of a witness, as provided in

Rules 607, 608 and 609.

(b) Other Crimes, Wrongs, or Acts. Evidence of other crimes, wrongs, or acts is not

admissible to prove the character of a person in order to show action in conformity therewith. It

may, however, be admissible for other purposes, such a proof of motive, opportunity, intent,

preparation, plan, knowledge, identity, or absence of mistake or accident, provided that upon

request by the accused, the prosecution in a criminal case shall provide reasonable notice in

advance of trial, or during trial if the court excuses pre-trial notice on good cause shown, of the

general nature of any such evidence it intends to introduce at trial.

Rule 405. Methods of Proving Character

(a) Reputation or Opinion. In all cases in which evidence of character or a trait of character

of a person is admissible, proof may be made by testimony as to reputation of the individual in the

individual's community or by testimony in the form of an opinion. On cross-examination, inquiry

is allowable into relevant specific instances of conduct.

(b) Specific Instances of Conduct. In cases in which character or a trait of character of a

person is directly in issue, proof may be made of specific instances of that person's conduct in a

similar situation.

Rule 406. Habit; Routine Practice

Evidence of the habit of a person or of the routine practice of an organization, whether

corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the

conduct of the person or organization on a particular occasion was in conformity with the habit or

routine practice.

Rule 407. Subsequent Remedial Measures

When, after an event, measures are taken which, if taken previously, would have made the

event less likely to occur, evidence of the subsequent measures is not admissible to prove

negligence or culpable conduct in connection with the event. This rule does not require the

exclusion of evidence of subsequent measures when offered for another purpose, such as proving

ownership, control or feasibility of precautionary measures, if controverted, or impeachment.

Rule 408. Compromise and Offers to Compromise

Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering

or promising to accept, a valuable consideration in compromising or attempting to compromise a

claim which was disputed as to either validity or amount, is not admissible to prove liability or

invalidity of the claim or its amount.

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Evidence of conduct or statements made in compromise negotiations, except when

information communicated during compromise negotiations is asserted as a fact, is likewise not

admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely

because it is presented in the course of compromise negotiations. This rule also does not require

exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a

witness, negating a contention of undue delay, or proving an effort to obstruct a criminal

investigation or prosecution.

Rule 409. Payment of Medical and Similar Expenses

Evidence of furnishing or offering or promising to pay medical, hospital or similar

expenses occasioned by an injury is not admissible to prove liability for the injury.

Rule 410. Withdrawn Pleas and Offers

Except as otherwise provided, evidence of a plea later withdrawn, or guilty or no contest,

of an offer so to plead to the crime charged or any other crime, or of statements made in connection

with any of the foregoing pleas or offers, is not admissible in any civil or criminal action, case, or

proceeding against the person who made the plea or offer.

However, such a statement is admissible (1) in any proceeding wherein another statement

made in the course of the same plea or plea discussions has been introduced and the statement

ought in fairness be considered contemporaneously with it, or (2) in a criminal proceeding for

perjury or false statement if the statement was made by the defendant under oath, on the record

and in the presence of counsel.

Rule 411. Liability Insurance

Evidence that a person was or was not insured against liability is not admissible upon the

issue whether the person acted negligently or otherwise wrongfully. This rule does not require the

exclusion of evidence of insurance against liability when offered for another purpose, such as proof

of agency, ownership, or control, or bias or prejudice of a witness.

Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged

Sexual Predisposition

(a) Evidence Generally Inadmissible. The following evidence is not admissible in any civil

or criminal proceeding involving alleged sexual misconduct except as provided in subdivisions (b)

and (c):

(1) Evidence offered to prove that any alleged victim engaged in other sexual

behavior.

(2) Evidence offered to prove any alleged victim's sexual predispositions.

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(b) Exceptions.

(1) In a criminal case, the following evidence is admissible, if otherwise admissible

under these rules: (A) evidence of specific instances of sexual behavior by the

alleged victim offered to prove that a person other than the accused was the source

of semen, injury or other physical evidence; (B) evidence of specific instances of

sexual behavior by the alleged victim with respect to the person accused of the

sexual misconduct offered by the accused to prove consent or by the prosecution;

Chitimacha tribal law or the Indian Civil Rights Act, 25 U.S.C. §1301-1303; (D)

evidence tending to establish affirmative defenses which take into account the

alleged victim's physical or mental incapacity and the accused's lack of knowledge

thereof; and the past conduct of the victim and the accused regarding consensual

cohabitation; and (E) evidence of the adjudication of the defendant as a delinquent

for the offense of sexual assault, assault and/or child abuse, when the defendant is

being prosecuted as an adult in a child abuse case.

(2) In a civil case, evidence offered to prove the sexual behavior or sexual

predisposition of any alleged victim is admissible if it is otherwise admissible under

these rules and its probative value substantially outweighs the danger of harm to

any victim and of unfair prejudice to any party. Evidence of an alleged victim's

reputation is admissible only it has been placed in controversy by the alleged

victim.

(1) A party intending to offer evidence under subdivision (b) must (A) file a written

motion at least fourteen (14) days before trial specifically describing the evidence

and stating the purpose for which it is offered unless the court, for good cause,

requires a different time for filing or permits filing during trial; and (B) serve the

motion on all parties and notify the alleged victim or, when appropriate, the alleged

victim's guardian or representative.

(2) Before admitting evidence under this rule the court shall conduct a hearing in

camera and afford the victim and the parties a right to attend and be heard. If a

victim is below the age of twelve (12) years, the testimony may be taped without

the defendant being heard or seen by the victim. The motion, related papers, and

the record of the hearing must be sealed and remain under seal unless the court

orders otherwise. This rule does not prohibit the use of the testimony of a defendant

given at the hearing on the motion of sexual conduct of the victim to impeach the

credibility of such defendant, if the defendant elects to testify at the trial in chief.

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(3) If the court determines on the basis of the hearing described in paragraph (2)

that the evidence which the accused seeks to offer is relevant and that the probative

value of such evidence outweighs the danger of unfair prejudice, such evidence

shall be admissible in the trial to the extent an order made by the court specifies

evidence which may be offered and areas with respect to which the alleged victim

may be examined or cross-examined.

Rule 413. Evidence or Similar Crimes in Sexual Assault Cases

(a) In a criminal case in which the defendant is accused of an offense of sexual assault,

evidence of the defendant's commission of another offense or offenses of sexual assault is

admissible, and may be considered for its bearing on any matter to which it is relevant.

(b) In a case in which the Chitimacha Tribe of Louisiana intends to offer evidence under

this rule, the tribal prosecutor shall disclose the evidence to the defendant, including statements of

witnesses or a summary of the substance of any testimony that is expected to be offered, at least

fifteen days before the scheduled date of trial or at such later time as the court may allow for good

cause.

under any other rule.

(d) For purposes of this rule and Rule 415, "offense of sexual assault" means a crime under

Chitimacha tribal law, Federal law or the law of a state that involved:

(1) any conduct proscribed by Chapter 109A of Title 18, United States Code;

(2) contact, without consent, between any part of the defendant's body or an object

and the genitals or anus of another person;

(3) contact, without consent, between the genitals or anus of the defendant and any

part of another person's body;

(4) deriving sexual pleasure or gratification from the infliction of death, bodily

injury, or physical pain on another person; or

(5) an attempt or conspiracy to engage in conduct described in paragraphs (1)-(4).

Rule 414. Evidence of Similar Crimes in Child Molestation Cases

(a) In a criminal case in which the defendant is accused of an offense of child molestation,

evidence of the defendant's commission of another offense or offenses of child molestation is

admissible, and may be considered for its bearing on any matter to which it is relevant.

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(b) In a case in which the Chitimacha Tribe of Louisiana intends to offer evidence under

this rule, the tribal prosecutor shall disclose the evidence to the defendant, including statements of

witnesses or a summary of the substance of any testimony that is expected to be offered, at least

fifteen (15) days before the scheduled date of trial or at such later time as the court may allow for

good cause.

under any other rule.

(d) For purposes of this rule and Rule 415, "child" means a person below the age of fourteen

(14), and "offense of child molestation" means a crime under Chitimacha tribal law, Federal law

or the law of a state (as defined in section 513 of Title 18, United States Code) that involved

(1) any conduct proscribed by Chapter 109A of Title 18, United States Code, that

was committed in relation to a child;

(2) any conduct proscribed by Chapter 110 of Title 18, United States Code;

(3) contact between any part of the defendant's body or an object and the genitals

or anus of a child;

(4) contact between the genitals or anus of the defendant and any part of the body

of a child;

(5) deriving sexual pleasure or gratification from the infliction of death, bodily

injury, or physical pain on the body of a child; or

(6) an attempt or conspiracy to engage in conduct described in paragraphs (1)-(5).

Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child

Molestation

(a) In a civil case in which a claim for damages or other relief is predicated on a party's

alleged commission of conduct constituting an offense of sexual assault or child molestation,

evidence of that party's commission of another offense or offenses of sexual assault or child

molestation is admissible and may be considered as provided in Rule 413 and Rule 414 of these

rules.

(b) A party who intends to offer evidence under this rule shall disclose the evidence to the

party against whom it will be offered, including statements of witnesses or a summary of the

substance of any testimony that is expected to be offered, at least fifteen days before the scheduled

date of trial or at such later time as the court may allow for good cause.

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under any other rule.

Section 5. Privileges

Rule 501. Privileges Recognized Only as Provided

Except as otherwise provided by Chitimacha tribal law, the Indian Civil Rights Act, 25

U.S.C. §1301-1303, or other rules applicable to the courts of the Chitimacha Tribe of Louisiana,

no person has a privilege to:

(a) Refuse to be a witness; or

(b) Refuse to disclose any matter; or

(d) Prevent another from being a witness or disclosing any matter or producing any object

or writing.

Rule 502. Attorney-Client Privilege

(a) Definitions. As used in this rule:

(1) A "client" is a person, public officer, or organization, either public or private,

who is rendered professional legal services by an attorney, or who consults an

attorney with a view to obtaining professional legal services from that attorney.

(2) A "representative of the client" is one having authority to obtain professional

legal services, or to act on advice rendered pursuant thereto, on behalf of the client.

(3) An "attorney" is a person authorized, or reasonably believed by the client to be

authorized, to practice law in the courts of any state or nation or Indian tribe.

(4) A "representative of the attorney" is one employed by the attorney to assist the

attorney in the rendition of professional legal services.

(5) A communication is "confidential" if not intended to be disclosed to third

persons other than those to whom disclosure is made in furtherance of the rendition

of professional legal services to the client or those reasonably necessary for the

transmission of the communication.

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(b) General Rule of Privilege. A client has a privilege to refuse to disclose and to prevent

any other person from disclosing confidential communications made for the purpose of facilitating

the rendition of professional legal services to the client:

(1) between the client or the client's representative and the client's attorney or the

client's attorney's representative, or

(2) between the client's attorney and the attorney's representative, or

(3) by the client or the client's representative or the client's attorney or a

representative of the attorney to an attorney or a representative of an attorney

representing another party in a pending action and concerning a matter of common

interest therein, or

(4) between representatives of the client or between the client and a representative

of the client, or

(5) among attorneys and their representatives representing the same client.

or conservator or similar agent or legal representative, the personal representative of the deceased

client, or the successor, trustee, or similar representative of a corporation, association or other

organization, whether or not in existence. The person who was the attorney or the attorney's

representative at the time of the communication is presumed to have authority to claim the

privilege but only on behalf of the client.

(d) Exceptions. There is no privilege under this rule:

(1) Furtherance of Crime or Fraud. If the services of the lawyer were sought or

obtained to enable or aid anyone to commit or plan to commit what the client knew

or reasonably should have known to be a crime or fraud; or

(2) Claimants Through Same Deceased Client. As to a communication relevant to

an issue between parties who claim through the same deceased client, regardless of

whether the claims are by testate or intestate succession or by inter vivos

transaction; or

(3) Breach of Duty by an Attorney or Client. As to a communication relevant to an

issue of breach of duty by the attorney to the client or by the client to the attorney;

(4) Document Attested by Attorney. As to a communication relevant to an issue

concerning an attested document to which the attorney is an attesting witness; or

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(5) Joint Clients. As to a communication relevant to a matter of common interest

between two or more clients if the communication was made by any of them to an

attorney retained or consulted in common, when offered in an action between any

of the clients.

Rule 503. Physician and Psychotherapist - Patient Privilege

(a) Definitions. As used in this rule:

(1) A "patient" is a person who consults or is examined or interviewed by a

physician or psychotherapist.

(2) A "physician" is a person authorized to practice medicine in any state or nation,

or is recognized by the Chitimacha Tribe of Louisiana, or another Indian nation or

tribe, as a traditional healer, or reasonably believed by the patient to be such.

(3) A "psychotherapist" is (A) a person authorized to practice medicine in any state

or nation, or reasonably believed by the patient so to be, while engaged in the

diagnosis or treatment of a mental or emotional condition, including alcohol or drug

addiction, or (B) a person licensed or certified as a psychologist or psychological

examiner under the laws of any state or nation, while similarly engaged.

(4) A communication is "confidential" if not intended to be disclosed to third

persons other than those present to further the interest of the patient in the

consultation, examination, or interview, or persons reasonably necessary for the

transmission of the communication, or persons who are participating in the

diagnosis and treatment under the direction of the physician or psychotherapist,

including members of the patient's family.

(b) General Rule of Privilege. A patient has a privilege to refuse to disclose and to prevent

any other person from disclosing confidential communications made for the purpose of diagnosis

or treatment of the patient's physical, mental or emotional condition, including alcohol or drug

addiction, among the patient, the physician or psychotherapist, and persons who are participating

in the diagnosis or treatment under the direction of the physician or psychotherapist, including

member of the patient's family.

criminal proceeding is ordered by the court for the purpose of determining the accused's criminal

responsibility, the accused has a privilege to refuse to disclose and to prevent any other person

from disclosing any communication concerning the offense with which he is charged, made in the

course of the examination.

(d) Who May Claim the Privilege. The privilege may be claimed by the patient, by his

guardian or conservator or similar agent or legal representative, or by the personal representative

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of a deceased patient. The person who was the physician or psychotherapist at the time of the

communication is presumed to have authority to claim the privilege but only on behalf of the

patient.

(e) Exceptions.

(1) Proceedings for Hospitalization. There is no privilege under this rule for

communications relevant to an issue in proceedings to hospitalize the patient for

mental illness, if the psychotherapist in the course of diagnosis or treatment has

determined that the patient is need of hospitalization.

(2) Examination by Order of Court. Except as otherwise provided in subdivision

(c), if the court orders an examination of the physical, mental or emotional

condition of a patient, whether a party or witness, communications made in the

course thereof are not privileged under this rule with respect to the particular

purpose for which the examination is ordered unless the court orders otherwise.

(3) Condition an Element of Claim or Defense. There is no privilege under this rule

as to communications relevant to an issue of the physical, mental or emotional

condition of a patient in any proceeding in which the condition of the patient is an

element of the claim or defense of the patient, or of any party claiming, through or

under the patient or because of the patient's condition, or claiming as a beneficiary

of the patient, through a contract to which the patient is or was a party, or after the

patient's death, in any proceeding in which any party puts the condition in issue.

(4) Neglect or Abuse Proceedings. There is no privilege under this rule as to

communications or records relevant to any investigation into or proceedings

involving allegations of abuse or neglect of children, the elderly, the disabled or the

incompetent.

Rule 504. Husband - Wife Privilege

(a) Definition. A communication is confidential if it is made privately by any person to his

or her spouse and is not intended for disclosure to any other person.

(b) Who May Claim Privilege. The privilege may be claimed by the person who made the

communication or by the spouse in his or her behalf. The authority of the spouse to do so is

presumed.

is charged with a crime against the person or property of:

(1) the other,

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(2) a child of either,

(3) any person residing in the household of either, or

(4) a third person committed in the course of committing a crime against any of

them; in a civil proceeding in which the spouses are adverse parties; or in child

custody proceedings in which the minor child of either spouse is alleged to be the

victim of abuse or neglect.

Rule 505. Religious Privilege

(a) Definitions. As used in this rule:

(1) A "clergy person" is (A) a priest, minister, rabbi, or practitioner of any religious

denomination accredited by the religious body to which he or she belongs, or an

individual reasonably believed so to be by the person consulting him or her or (B)

a traditional spiritual adviser recognized by the tribe or nation to which the adviser

belongs, or an individual reasonably believed so to be by the person consulting the

adviser.

(2) A communication is "confidential" if it is made privately and not intended for

further disclosure except to other persons present in furtherance of the

communication.

(b) General Rule of Privilege. A person has a privilege to refuse to disclose and to prevent

another from disclosing a confidential communication by the person to the clergyperson in his or

her professional character as spiritual adviser.

person's guardian or conservator or similar agent or legal representative, or the person's personal

representative if he or she is deceased. The person who was the clergyperson at the time of the

communication is presumed to have authority to claim the privilege but only on behalf of the

communicant.

Rule 506. [RESERVED]

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Rule 507. Trade Secrets

A person has a privilege, which may be claimed by the person, the person's agent or

employee, to refuse to disclose and to prevent other persons from disclosing a trade secret owned

by the person, if the allowance of the privilege will not tend to conceal fraud or otherwise work

injustice. When disclosure is directed, the court shall take such protective measures as the interest

of the holder of the privilege and of the parties and the furtherance of justice may require.

Rule 508. Tribal Governmental Privilege; Executive Privilege

(a) If the Chitimacha Tribal Council resolves that a matter is private, the courts of the

Chitimacha Tribe of Louisiana must recognize the matter as privileged. Communications made

during an announced executive session of the Chitimacha Tribal Council are privileged.

(b) Executive privilege in any matter relating to official Chitimacha tribal business shall be

extended to:

(1) Present and former members of the Chitimacha Tribal Council.

(2) Staff members of the Chitimacha Tribal Council.

(3) Any employee reporting to the Chitimacha Tribal Council.

(4) Attorneys employed by the Chitimacha Tribe of Louisiana as Legal Counsel.

(5) Chitimacha Peacemakers and their direct report staff.

Persons covered by executive privilege cannot, without authorization by the Chitimacha

Tribal Council, testify in a Tribal Court proceeding, including, but not limited to: court testimony,

interrogatories, depositions or other discovery proceedings. Only the Chitimacha Tribal Council

shall be authorized to waive executive privilege. Determinations by the Chitimacha Tribal Council

as to whether executive privilege shall apply shall be conclusive and not subject to judicial review.

Rule 509. Identity of Informer

(a) Rule of Privilege. An Indian tribe or nation, the United States, a state or subdivision

thereof, or any foreign country has a privilege to refuse to disclose the identity of a person who

has furnished information relating to or assisting in an investigation of a possible violation of a

law to a law enforcement officer or member of a legislative committee or its staff conducting an

investigation.

(b) Who May Claim. The privilege may be claimed by an appropriate representative of the

public entity to which the information was furnished.

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(1) Voluntary Disclosure; Informer a Witness. No privilege exists under this rule if

the identity of the informer or his or her interest in the subject matter of his or her

communication has been disclosed to those who would have cause to resent the

communication by a holder of the privilege or by the informer's own action, or if

the informer appears as a witness for the Chitimacha Tribe of Louisiana.

(2) Testimony on Relevant Issue. If it appears in the case that an informer may be

able to give testimony relevant to any issue in a civil or criminal case to which a

public entity is a party and the informed public entity invokes the privilege, the

court may give the public entity an opportunity to show in camera and on the record

facts relevant to determining whether the informer can, in fact, supply that

testimony.

The showing may be in the form of affidavits, but the court may direct that testimony be

taken if it finds that the matter cannot be resolved satisfactorily upon affidavit. If the court finds

there is a reasonable probability that the informer can give relevant testimony, the court on motion

of a party or on its own motion may enter a conditional order for appropriate relief, to be granted

if the public entity elects not to disclose within the time specified the identity of such informer.

In a criminal case such relief may include one or more of the following: granting the

defendant additional time or a continuance, relieving the defendant from making disclosures

otherwise required of him or her, prohibiting the prosecuting attorney from introducing specified

evidence, and dismissing the charges.

In a civil case the court may provide any relief that the interests of justice require. Evidence

submitted to the court shall be sealed and preserved to be made available to the appellate court in

the event of an appeal, and a docket entry shall be made specifying the form of such evidence but

not its content or the identity of any declarant. The contents shall not otherwise be revealed without

consent of the informed public entity. All counsel and parties are permitted to be present at every

stage of proceedings under this subdivision except at a showing in camera at which only counsel

for the public entity shall be permitted to be present.

Rule 510. Waiver of Privilege by Voluntary Disclosure

A person upon whom these rules confer a privilege against disclosure waives the privilege

if he or she or his or her predecessor while holder of the privilege voluntarily discloses or consents

to disclosure of any significant part of the privileged matter. This rule does not apply if the

disclosure itself is privileged.

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Rule 511. Privileged Matter Disclosed Under Compulsion Without Opportunity to Claim

Privilege

A claim of privilege is not defeated by a disclosure which was:

(a) compelled erroneously or

(b) made without opportunity to claim the privilege.

Rule 512. Comment Upon or Inference From Claim of Privilege in Criminal Cases;

Instruction

(a) Comment or Inference Not Permitted. The claim of privilege, whether in the present

proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel in a

criminal case. No inference may be drawn therefrom.

(b) Claiming Privilege Without Knowledge of Jury. In criminal case tried to a jury,

proceedings shall be conducted, to the extent practicable, so as to facilitate the making of claims

of privilege without the knowledge of the jury.

might draw an adverse inference from a claim of privilege is entitled to an instruction that no

inference may be drawn therefrom.

Rule 513. Claim of Privilege in Civil Cases

(a) Comment or Inference Permitted. The claim of privilege by a party in a civil action or

proceeding, whether in the present proceeding or upon a prior occasion, is a proper subject of

comment by judge or counsel. An appropriate inference may be drawn therefrom.

(b) Claim of Privilege by Nonparty Witness. The claim of a privilege by a nonparty witness

in a civil action or proceeding shall be governed by the provisions of Rule 512.

Section 6. Witnesses

Rule 601. Competency in General: Disqualification

(a) General Rule of Competency. Every person is competent to be a witness except as

otherwise provided in these rules.

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(b) Disqualification of Witness. A person is not qualified to be a witness if the court finds

that:

(1) the proposed witness is incapable of expressing himself concerning the matter

so as to be understood by the judge and jury either directly or through interpretation

by one who can understand him,

(2) the proposed witness is incapable of understanding the duty of a witness to tell

the truth,

(3) the proposed witness lacked any reasonable ability to perceive the matter or

(4) the proposed witness lacks any reasonable ability to remember the matter. An

interpreter is subject to all the provisions of these rules relating to witnesses.

Rule 602. Lack of Personal Knowledge

A witness may not testify to a matter unless evidence is introduced sufficient to support a

finding that the witness has personal knowledge of the matter. Evidence to prove personal

knowledge may, but need not, consist of the witness' own testimony. This rule is subject to the

provisions of Rule 703, relating to opinion testimony by expert witnesses.

Rule 603. Oath or Affirmation

Before testifying, every witness shall be required to declare that the witness will testify

truthfully, by oath or affirmations administered in a form calculated to awaken the witness'

conscience and impress the witness' mind with the duty to do so.

Rule 604. Interpreters

An interpreter is subject to the provisions of these rules relating to qualification as an expert

and the administration of an oath or affirmation to make a true translation.

Rule 605. Competency of Judge and Council Member as Witness

(a) Presiding Judge. The judge presiding at the trial may not testify in that trial as a witness.

No objection need be made in order to preserve the point.

(b) Legislative Intent. No Chitimacha Tribal Council member may testify in a proceeding

with respect to legislative intent or history of any Chitimacha tribal law.

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Rule 606. Competency of Juror as Witness

(a) At the Trial. A member of the jury may not testify as a witness before that jury in the

trial of the case in which the juror is sitting. If the juror is called so to testify, the opposing party

shall be afforded an opportunity to object out of the presence of the jury.

(b) Inquiry Into Validity of Verdict or Indictment. Upon an inquiry into the validity of a

verdict or indictment, a juror may not testify as to any matter or statement occurring during the

course of the jury's deliberations or to the effect of anything upon that or any other juror's mind or

emotions as influencing the juror to assent to or dissent from the verdict or indictment or

concerning the juror's mental processes in connection therewith, except that a juror may testify on

the question whether extraneous prejudicial information was improperly brought to the jury's

attention or whether any other outside influence was improperly brought to bear upon any juror.

Nor may a juror's affidavit or evidence of any statement by the juror concerning a matter about

which the juror would be precluded from testifying be received for these purposes.

Rule 607. Who May Impeach

The credibility of a witness may be attacked by any party, including the party calling the

witness.

Rule 608. Evidence of Character and Conduct of Witness

(a) Opinion and Reputation Evidence of Character. The credibility of a witness may be

attacked or supported by evidence in the form of opinion or reputation, but subject to these

limitations:

(1) the evidence may refer only to character for truthfulness or untruthfulness, and

(2) evidence of truthful character is admissible only after the character of the

witness for truthfulness has been attacked by opinion or reputation evidence or

otherwise.

(b) Specific Instances of Conduct. Specific instances of the conduct of a witness, for the

purpose of attacking or supporting the witness' credibility, other than conviction of crime as

provided in Rule 609, may not be proved by extrinsic evidence. They may, however, in the

discretion of the court, if probative of truthfulness or untruthfulness, be inquired into crossexamination of the witness:

(1) concerning the witness' character for truthfulness or untruthfulness, or

(2) concerning the character for truthfulness or untruthfulness of another witness as

to which character the witness being cross-examined has testified.

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The giving of testimony, whether by an accused or by any other witness, does not operate

as a waiver of the accused's or the witness' privilege against self-incrimination when examined

with respect to matters which relate only to credibility.

Rule 609. Impeachment by Evidence of Conviction of Crime

(a) General Rule. For the purpose of attacking the credibility of a witness,

(1) evidence that a witness other than an accused has been convicted of a crime

shall be admitted, subject to Rule 403, if the crime was punishable by imprisonment

in excess of six (6) months under the law under which the witness was convicted,

and evidence that an accused has been convicted of such a crime shall be admitted

if the court determines that the probative value of admitting this evidence outweighs

its prejudicial effect to the accused; and

(2) evidence that any witness has been convicted of a crime shall be admitted if it

involved dishonesty or false statement, regardless of the punishment.

(b) Time Limit. Evidence of a conviction under this rule is not admissible if a period of

more than ten (10) years has elapsed since the date of the conviction or of the release of the witness

from the confinement imposed for that conviction, whichever is the later date, unless the court

determines, in the interests of justice, that the probative value of the conviction supported by

specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence

of a conviction more than ten (10) years old as calculated herein, is not admissible unless the

proponent gives to the adverse party sufficient advance written notice of intent to use such

evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.

is not admissible under this rule if:

(1) the conviction has been the subject of a pardon, annulment, certificate of

rehabilitation, or other equivalent procedure based on a finding of the rehabilitation

of the person convicted, and that person has not been convicted of a subsequent

crime which was punishable by death or imprisonment in excess of one year, or

(2) the conviction has been the subject of a pardon, annulment, or other equivalent

procedure based on a finding of innocence.

(d) Juvenile Adjudications. Evidence of juvenile adjudications is generally not admissible

under this rule. The court may, however, in a criminal case allow evidence of a juvenile

adjudication of a witness other than the accused if conviction of the offense would be admissible

to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary

for a fair determination of the issue of guilt or innocence.

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(e) Pendency of Appeal. The pendency of an appeal therefrom does not render evidence of

a conviction inadmissible. Evidence of the pendency of an appeal is admissible.

Rule 610. Religious Beliefs or Opinions

Evidence of the belief or opinions of a witness on matters of religion is not admissible for

the purpose of showing that by reason of their nature the witness' credibility is impaired or

enhanced.

Rule 611. Mode and Order of Interrogation and Presentation

(a) Control by Court. The court shall exercise reasonable control over the mode and order

of interrogating witnesses and presenting evidence so as to:

(1) make the interrogation and presentation effective for the ascertainment of the

truth,

(2) avoid needless consumption of time, and

(3) protect witnesses from harassment or undue embarrassment.

(b) Scope of Cross-Examination. Cross-examination should be limited to the subject matter

of the direct examination and matters affecting the credibility of the witness. The court may, in the

exercise of discretion, permit inquiry into additional matters as if on direct examinations.

a witness except as may be necessary to develop the witness' testimony. Ordinarily leading

questions should be permitted on cross-examination. When a party calls a hostile witness, an

adverse party, or a witness identified with an adverse party, interrogation may be by leading

questions.

Rule 612. Writing or Object used to Refresh Memory

(a) While Testifying. If, while testifying, a witness uses a writing or object to refresh his

or her memory, an adverse party is entitled to have the writing or object produced at the trial,

hearing, or deposition in which the witness is testifying.

(b) Before Testifying. If, before testifying, a witness uses a writing or object to refresh his

memory for the purpose of testifying and the court in its discretion determines that the interests of

justice so require, an adverse party is entitled to have the writing or object produced, if practicable,

at the trial, hearing, or deposition in which the witness is testifying.

object produced under this rule is entitled to inspect it, to cross-examine the witness thereon, and

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to introduce in evidence those portions which relate to the testimony of the witness. If production

of the writing or object at the trial, hearing or deposition is impracticable, the court may order it

made available for inspection. If it is claimed that the writing contains matters not related to the

subject matter of the testimony the court shall examine the writing in camera, excise any portions

not so related, and order delivery of the remainder to the party entitled thereto. Any portion

withheld over objections shall be preserved and made available to the appellate court in the event

of an appeal. If a writing or object is not produced or delivered pursuant to order under this rule,

the court shall make any order justice requires, except that in criminal cases when the prosecution

elects not to comply, the order shall be one striking the testimony or, if the court in its discretion

determines that the interests of justice so require, declaring a mistrial.

Rule 613. Prior Statements of Witnesses

(a) Examining Witness Concerning Prior Statement. In examining a witness concerning a

prior statement made by him or her, whether written or not, the statement need not be shown nor

its contents disclosed to him or her at that time, but on request the same shall be shown or disclosed

to opposing counsel.

(b) Extrinsic Evidence of Prior Inconsistent Statement of Witness. Extrinsic evidence of a

prior inconsistent statement by a witness is not admissible unless the witness is afforded an

opportunity to explain or deny the same and the opposite party is afforded an opportunity to

interrogate the witness thereon, or the interests of justice otherwise require. This provision does

not apply to admissions of a party-opponent as defined in Rule 801(d)(2).

Rule 614. Calling and Interrogation of Witnesses by Court

(a) Calling by Court. The court may, on its own motion or at the suggestion of a party, call

witnesses, and all parties are entitled to cross-examine witnesses thus called.

(b) Interrogation by Court. The court may interrogate witnesses, whether called by itself or

by a party.

may be made at the time or at the next available opportunity when the jury is not present.

Rule 615. Exclusion of Witnesses

At the request of a party or upon its own motion, the court shall order witnesses excluded

so that they cannot hear the testimony of other witnesses. This rule does not authorize exclusion

of:

(a) a party who is a natural person, or

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(b) an officer or employee of a party which is not a natural person designated as its

representative by its attorney, or

party's cause.

Section 7. Opinions and Expert Testimony

Rule 701. Opinion Testimony by Lay Witnesses

If the witness is not testifying as an expert, the witness' testimony in the form of opinions

or inference is limited to those opinions or inferences which are:

(a) rationally based on the perception of the witness and

(b) helpful to a clear understanding of the witness' testimony or the determination of a fact

in issue.

Rule 702. Testimony by Experts

If scientific, technical, or other specialized knowledge will assist the trier of fact to

understand the evidence or to determine a fact in issue, a witness qualified as an expert by

knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion

or otherwise.

Rule 703. Bases of Opinion Testimony by Experts

The facts or data in the particular case upon which an expert bases an opinion or inference

may be those perceived by or made known to the expert at or before the hearing. If of a type

reasonably relied upon by experts in the particular field in forming opinions or inferences upon

the subject, the facts or data need not be admissible in evidence.

Rule 704. Opinion on Ultimate Issue

(a) Except as provided in subdivision (b), testimony in the form of an opinion or inference

otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by

the trier of fact.

(b) No expert witness testifying with respect to the mental state or condition of a defendant

in a criminal case may state an opinion or inference as to whether the defendant did or did not have

the mental state or condition constituting an element of the crime charged or of a defense thereto.

Such ultimate issues are matters for the trier of fact alone.

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Rule 705. Disclosure of Fact or Data Underlying Expert Opinion

The expert may testify in terms of opinion or inference and give reasons therefor without

first testifying to the underlying facts or data, unless the court requires otherwise. The expert may

in any event be required to disclose the underlying facts or data on cross-examination.

Rule 706. Court Appointed Experts

(a) Compensation. Expert witnesses so appointed are entitled to reasonable compensation

in whatever sum the court may allow. Except as otherwise provided by law, the compensation shall

be paid by the parties in such proportion and at such time as the court directs, and thereafter charged

in like manner as other costs.

(b) Disclosure of Appointment. In the exercise of its discretion, the court may authorize

disclosure to the jury of the fact that the court appointed the expert witness.

witnesses of their own selection.

Section 8. Hearsay

Rule 801. Definition

The following definitions apply under this Article:

(a) Statement. A "statement" is:

(1) an oral or written assertion or

(2) nonverbal conduct of a person, if it is intended by the person as an assertion.

(b) Declarant. A "declarant" is a person who makes a statement.

at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

(d) Statements Which Are Not Hearsay. A statement is not hearsay if:

(1) Prior Statement by Witness. The declarant testifies at the trial or hearing and is

subject to cross-examination concerning the statement, and the statement is (A)

inconsistent with the declarant's testimony, and was given under oath subject to the

penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B)

consistent with the declarant's testimony and is offered to rebut an express or

implied charge against the declarant of recent fabrication or improper influence or

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motive, or (C) one of identification of a person made after perceiving the person;

(2) Admission by Party-Opponent. The statement is offered against a party and is

(A) the party's own statement in either an individual or a representative capacity or

(B) a statement of which the party has manifested an adoption or belief in its truth,

or (C) a statement by a person authorized by the party to make a statement

concerning the subject, or (D) a statement by the party's agent or servant concerning

a matter within the scope of the agency or employment, made during the existence

of the relationship, or (E) a statement by a co-conspirator of a party during the

course and in furtherance of the conspiracy.

Rule 802. Hearsay Rule; Child’s Statements

(a) Hearsay is not admissible except as provided by law or by these rules. The words "as

provided by law" include applicable federal statutes, Chitimacha tribal ordinances, the Chitimacha

Rules of Criminal Procedure and the Chitimacha Rules of Civil Procedure.

(b) In any proceeding before the court wherein it is alleged that a child is the victim of child

abuse or neglect, the court may admit and consider oral or written evidence of out-of-court

statements made by the child and rely on that evidence to the extent of its probative value.

Rule 803. Hearsay Exceptions: Availability of Declarant Immaterial

The following are not excluded by the hearsay rule, even though the declarant is available

as a witness:

(a) Present Sense Impression. A statement describing or explaining an event or condition

made while the declarant was perceiving the event or condition, or immediately thereafter.

(b) Excited Utterance. A statement relating to a startling event or condition made while the

declarant was under the stress of excitement caused by the event or condition.

then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive,

design, mental feeling, pain, and bodily health), but not including a statement of memory or belief

to prove the fact remembered or believed unless it relates to the execution, revocation,

identification, or terms of declarant's will.

(d) Statements for Purposes of Medical Diagnosis or Treatment. Statements made for

purposes of medical diagnosis or treatment and describing medical history, or past or present

symptoms, pain, or sensations, or the inception or general character of the cause or external source

thereof insofar as reasonably pertinent to diagnosis or treatment.

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(e) Recorded Recollection. A memorandum or record concerning a matter about which a

witness once had knowledge but now has insufficient recollection to enable the witness to testify

fully and accurately, shown to have been made or adopted by the witness when the matter was

fresh in the witness' memory and to reflect that knowledge correctly. If admitted, the memorandum

or record may be received as an exhibit. If a witness, when testifying uses a document to refresh

his or her recollection, that document thereby shall be made available for examination by the

opposing party.

(f) Records of Regularly Conducted Activity. A memorandum, report, record, or data

compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the

time by, or from information transmitted by, a person with knowledge, if kept in the course of a

regularly conducted business activity, and if it was the regular practice of that business activity to

make the memorandum, report, record, or data compilation, all as shown by the testimony of the

custodian or other qualified witness, unless the source of information or the method or

circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this

paragraph includes business, institution, association, profession, occupation, and calling of every

kind, whether or not conducted for profit.

(g) Absence of Entry in Records Kept in Accordance With the Provisions of paragraph (f).

Evidence that a matter is not included in the memoranda reports, records, or data compilations, in

any form, kept in accordance with the provisions of paragraph (f), to prove the nonoccurrence or

nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or

data compilation was regularly made and preserved, unless the sources of information or other

circumstances indicate lack of trustworthiness.

(h) Public Records and Reports. Records, reports, statements, or data compilations, in any form,

of public offices or agencies, setting forth:

(1) the activities of the office or agency, or

(2) matters observed pursuant to duty imposed by law as to which matters there was

a duty to report, excluding, however, in criminal cases matters observed by police

officers and other law enforcement personnel, or

(3) in civil actions and proceedings and against the Tribe in criminal cases, factual

findings resulting from an investigation made pursuant to authority granted by law,

unless the sources of information or other circumstances indicate lack of

trustworthiness.

(i) Records of Vital Statistics. Records or data compilations, in any form, of births, fetal

deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to

requirements of law.

(j) Absence of Public Record or Entry. To prove the absence of a record, report, statement,

or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a

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record, report, statement, or data compilation, in any form, was regularly made and preserved by

a public office or agency, evidence in the form of a certification in accordance with Rule 902, or

testimony, that diligent search failed to disclose the record, report, statement, or data compilation,

or entry.

(k) Records of Religious Organizations. Statements of births, marriages, divorces, deaths,

legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family

history, contained in a regularly kept record of a religious organization.

(l) Marriage, Baptismal, and Similar Certificates. Statements of fact contained in a

certificate that the maker performed a marriage or other ceremony or administered a sacrament,

made by a clergyman, public official, or other person authorized by the rules or practices of a

religious organization or by law to perform the act certified, and purporting to have been issued at

the time of the act or within a reasonable time thereafter.

(m) Family Records. Statements of fact concerning personal or family history contained in

family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings

on urns, crypts, or tombstones, or the like.

(n) Records of Documents Affecting an Interest in Property. The record of a document

purporting to establish or affect an interest in property, as proof of the content of the original

recorded document and its execution and delivery by each person by whom it purports to have

been executed, if the record is a record of a public office and an applicable statute authorizes the

recording of documents of that kind in that office.

(o) Statements in Documents Affecting an Interest in Property. A statement contained in a

document purporting to establish or affect an interest in property if the matter stated was relevant

to the purpose of the document, unless dealings with the property since the document was made

have been inconsistent with the truth of the statement or the purport of the document.

(p) Statements in Ancient Documents. Statements in a document in existence twenty (20)

years or more the authenticity of which is established.

(q) Market Reports, Commercial Publications. Market quotations, tabulations, lists,

directories, or other published compilations, generally used and relied upon by the public or by

persons in particular occupations.

(r) Learned Treatises. To the extent called to the attention of an expert witness upon crossexamination or relied upon by the expert witness in direct examination, statements contained in

published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or

art, established as a reliable authority by the testimony or admission of the witness or by other

expert testimony or by judicial notice. If admitted, the statements may be read into evidence and

received as exhibits.

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(s) Reputation Concerning Personal or Family History. Reputation among members of a

person's family by blood, adoption, or marriage, or among a person's associates, or in the

community, concerning a person's birth, adoption, marriage, divorce, death, legitimacy,

relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family

history.

(t) Reputation Concerning Boundaries or General History. Reputation in a community,

arising before the controversy, as to boundaries of or customs affecting lands in the community,

and reputation as to events of general history important to the community or tribe or State or nation

in which located. Before such reputation evidence is admitted the court must find:

(1) The declarant is dead;

(2) The declarant would have been qualified as a witness to testify if present, and

that he or she had peculiar means of knowing the boundary;

(3) The statement was made before the controversy in question arose;

(4) The declarant had no interest in misrepresenting the declaration.

(u) Reputation as to Character. Reputation of a person's character among associates or in

the community.

(v) Judgment of Previous Conviction. Evidence of a final judgment, entered after a trial or

upon a plea of guilty (but not upon a plea of nolo contendere), adjudging a person guilty of a crime

to prove any fact essential to sustain the judgment, but not including, when offered by the Tribe in

a criminal prosecution for purposes other than impeachment, judgments against persons other than

the accused; provided, however, unless the Chitimacha Tribal Court, after finding good cause,

previously ordered that the guilty plea be inadmissible in any subsequent civil proceeding. The

pendency of an appeal may be shown but does not affect admissibility.

(w) Judgment as to Personal, Family, or General History, or Boundaries. Judgments as

proof of matters of personal, family or general history, or boundaries, essential to the judgment, if

the same would be provable by evidence of reputation.

(x) Medical and Hospital Records.

(1) In all actions, whether, civil, criminal or juvenile, for the recovery of damages

for personal injuries or death, any party offering in evidence a signed report and

bill for treatment of any treating physician, dentist, chiropractor, osteopath,

naturopath, physical therapist, podiatrist, psychologist, emergency medical

technician or optometrist may have the report and bill admitted into evidence as a

business record. It shall be presumed that the signature on the report is that of the

treating physician, dentist, chiropractor, osteopath, naturopath, physical therapist,

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podiatrist, psychologist, emergency medical technician or optometrist and that the

report and bill were made in the ordinary course of business. The use of such report

or bill in lieu of the testimony of such physician, dentist, chiropractor, osteopath,

naturopath, physical therapist, podiatrist, psychologist, emergency medical

technician or optometrist shall not give rise to any adverse inference concerning the

testimony or lack of testimony of such treating physician, dentist, chiropractor,

osteopath, naturopath, physical therapist, podiatrist, psychologist, emergency

medical technician or optometrist.

This exception shall not be construed as prohibiting either party or the court from

calling the treating physician, dentist, chiropractor, osteopath, naturopath, physical

therapist, podiatrist, psychologist, emergency medical technician or optometrist as

a witness.

Any and all parts of any hospital record or bill for treatment or copy thereof made

by a hospital in connection with the treatment of a patient, if not otherwise

inadmissible, shall be admissible in evidence without any preliminary testimony if

there is attached thereto the certification in affidavit form of the person in charge

of the record room of a hospital or his or her authorized assistant indicating that

such record, bill or copy is the original record or bill, or a copy thereof, made in the

regular course of the business of the hospital and that it was in the regular course

of such business to make such record or bill at the time of the transaction,

occurrence or event recorded therein or within a reasonable time thereafter.

(2) In all actions whether civil, criminal or juvenile, for the recovery of damages

for personal injuries or death, (A) if a physician, dentist, chiropractor, osteopath,

naturopath, physical therapist, podiatrist, psychologist, emergency medical

technician or optometrist has died prior to the trial of the action, or (B) if a

physician, dentist, chiropractor, osteopath, naturopath, physical therapist,

podiatrist, psychologist, emergency medical technician or optometrist is physically

or mentally disabled at the time of the trial of the action to such an extent that he is

no longer actively engaged in the practice of his or her profession, the party desiring

to offer into evidence the written records and reports of the physician, dentist,

chiropractor, osteopath, naturopath, physical therapist, podiatrist, psychologist,

emergency medical technician or optometrist concerning the patient who suffered

the injuries or death shall apply to the court in which the action is pending for

permission to introduce the evidence. Notice of the application shall be served on

the adverse party in the same manner as any other pleading. The court shall consider

the application and determine whether the person is disabled to the extent he or she

cannot testify in person in the action. Upon the court finding that the person is so

disabled, the matters shall be admissible in evidence as a business record when

offered by any party to the action.

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(y) Other Exceptions. A statement not specifically covered by any of the foregoing

exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court

determines that:

(1) the statement is offered as evidence of a material fact;

(2) the statement is more probative on the point for which it is offered than any

other evidence which the proponent can procure through reasonable efforts; and,

(3) the general purposes of these rules and the interests of justice will best be served

by admission of the statement into evidence. However, a statement may not be

admitted under this exception unless the proponent of it makes known to the

adverse party sufficiently in advance of the trial or hearing to provide the adverse

party with a fair opportunity to prepare to meet it, the proponent's intention to offer

the statement and the particulars of it, including the name and address of the

declarant.

Rule 804. Hearsay Exceptions: Declarant Unavailable

(a) Definition of Unavailability. "Unavailability as a witness" includes situations in which

the declarant:

(1) is exempted by ruling of the court on the ground of privilege from testifying

concerning the subject matter of the declarant's statement; or

(2) persists in refusing to testify concerning the subject matter of the declarant's

statement despite an order of the court to do so; or

(3) testifies to a lack of memory of the subject matter of the declarant's statement;

(4) is unable to be present or to testify at the hearing because of death or then

existing physical or mental illness or infirmity; or

(5) is absent from the hearing and the proponent of a statement has been unable to

procure the declarant's attendance (or in the case of a hearsay exception under

subdivision (b) (2), (3), or (4), the declarant's attendance or testimony) by process

or other reasonable means.

A declarant is not unavailable as a witness if exemption, refusal, claim of lack of memory,

inability, or absence is due to the procurement or wrongdoing of the proponent of a statement for

the purpose of presenting the witness from attending or testifying.

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(b) Hearsay Exceptions. The following are not excluded by the hearsay rule if the declarant

is unavailable as a witness:

(1) Former Testimony. Testimony given as a witness at another hearing of the same

or a different proceeding, or in a deposition taken in compliance with law in the

course of the same or another proceeding, if the party against whom the testimony

is now offered, or, in a civil action or proceeding, a predecessor in interest, had an

opportunity and similar motive to develop the testimony by direct, cross, or redirect

examination.

(2) Statement Under Belief of Impending Death. In a prosecution for homicide or

in a civil action or proceeding, a statement made by a declarant while believing that

the declarant's death was imminent, concerning the cause or circumstances of what

the declarant believed to be impending death.

(3) Statement Against Interest. A statement which was at the time of its making so

far contrary to the declarant's pecuniary or proprietary interest, or so far tended to

subject the declarant to civil or criminal liability, or to render invalid a claim by the

declarant against another, that a reasonable person in the declarant's position would

not have made the statement unless believing it to be true. A statement tending to

expose the declarant to criminal liability and offered to exculpate the accused is not

admissible unless corroborating circumstances clearly indicate the trustworthiness

of the statement.

(4) Statement of Person or Family History. (A) A statement concerning the

declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by

blood, adoption, or marriage, ancestry, or other similar fact of personal or family

history, even though declarant had no means of acquiring personal knowledge of

the matter stated; or (B) A statement concerning the foregoing matters, and death

also, of another person, if the declarant was related to the other by blood, adoption,

or marriage or was so intimately associated with the other's family as to be likely

to have accurate information concerning the matter declared.

(5) Other Exceptions. A statement not specifically covered by any of the foregoing

exceptions by having equivalent circumstantial guarantees of trustworthiness, if the

court determines that (A) the statement is offered as evidence of a material fact; (B)

the statement is more probative on the point for which it is offered than any other

evidence which the proponent can procure through reasonable efforts; and (C) the

general purposes of these rules and the interests of justice will best be served by

admission of the statement into evidence. However, a statement may not be

admitted under this exception unless the proponent of it makes known to the

adverse party sufficiently in advance of the trial or hearing to provide the adverse

party with a fair opportunity to prepare to meet it, the proponent's intention to offer

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the statement and the particulars of it, including the name and address of the

declarant.

Rule 805. Hearsay within Hearsay

Hearsay included within hearsay is not excluded under the hearsay rule if each part of the

combined statements conforms with an exception to the hearsay rule provided in these rules.

Rule 806. Attacking and Supporting Credibility of Declarant

When a hearsay statement, or a statement defined in Rule 801 (d) (2), (C), (D), or (E), has

been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be

supported, by any evidence which would be admissible for those purposes if declarant had testified

as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the

declarant's hearsay statement, is not subject to any requirement that the declarant may have been

afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been

admitted calls the declarant as a witness, the party is entitled to examine the declarant on the

statement as if under cross-examination.

Section 9. Authentication and Identification

Rule 901. Requirement of Authentication or Identification

(a) General Provision. The requirement of authentication or identification as a condition

precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in

question is what its proponent claims.

(b) Illustrations. By way of illustration only, and not by way of limitation, the following

are examples of authentication or identification conforming with the requirements of this rule:

(1) Testimony of Witness With Knowledge. Testimony that a matter is what it is

claimed to be.

(2) Nonexpert Opinion on Handwriting. Nonexpert opinion as to the genuineness

of handwriting, based upon familiarity not acquired for purposes of the litigation.

(3) Comparison by Trier or Expert Witness. Comparison by the trier of fact or by

expert witnesses with specimens which have been authenticated.

(4) Distinctive Characteristics and the Like. Appearance, contents, substance,

internal patterns, or other distinctive characteristics, taken in conjunction with

circumstances.

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(5) Voice Identification. Identification of a voice, whether heard firsthand or

through mechanical or electronic transmission or recording, by opinion based upon

hearing the voice at any time under circumstances connecting it with the alleged

speaker.

(6) Telephone Conversations. Telephone conversations, by evidence that a call was

made to the number assigned at the time by the telephone company to a particular

person or business, if (A) in the case of a person, circumstances, including selfidentification, show the person answering to be the one called, or (B) in the case of

a business, the call was made to a place of business and the conversation related to

business reasonably transacted over the telephone.

(7) Public Records or Reports. Evidence that a writing authorized by law to be

recorded or filed and in fact recorded or filed in a public office, or a purported

public record, report, statement, or data compilation, in any form, is from the public

office where items of this nature are kept.

(8) Ancient Documents or Data Compilations. Evidence that a document or data

compilation, in any form, (A) is in such condition as to create no suspicion

concerning its authenticity, (B) was in a place where it, if authentic, would likely

be, and (C) has been in existence twenty (20) years or more at the time it is offered.

(9) Process or System. Evidence describing a process or system used to produce a

result and showing that the process or system produces an accurate result.

(10) Methods Provided by Resolution or Rule. Any method of authentication or

identification provided by Resolution of the Chitimacha Tribal Council or by other

rules prescribed by this Court.

Rule 902. Self-Authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required

with respect to the following:

(a) Domestic Public Documents Under Seal. A document bearing a seal purporting to be

that of the United States, or of any State, Indian tribe or nation, district, Commonwealth, territory,

or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific

Islands, or of a political subdivision, department, officer, or agency thereof, and a signature

purporting to be an attestation or execution.

(b) Domestic Public Documents Not Under Seal. A document purporting to bear the

signature in the official capacity of an officer or employee of any entity included in paragraph (a)

hereof, having no seal, if a public officer having a seal and having official duties in the district or

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political subdivision of the officer or employee certifies under seal that the signer has the official

capacity and that the signature is genuine.

official capacity by a person authorized by the laws of a foreign country to make the execution or

attestation, and accompanied by a final certification as to the genuineness of the signature and

official position:

(1) of the executing or attesting person, or

(2) of any foreign official whose certificate of genuineness of signature and official

position relates to the execution or attestation or is in a chain of certificates of

genuineness of signature and official position relating to the execution or

attestation. A final certification may be made by a secretary of an embassy or

legation, consul general, consul, vice consul, or consular agent of the United States,

or a diplomatic or consular official of the foreign country assigned or accredited to

the United States. If reasonable opportunity has been given to all parties to

investigate the authenticity and accuracy of official documents, the court may, for

good cause shown, order that they be treated as presumptively authentic without

final certification or permit them to be evidenced by an attested summary with or

without final certification.

(d) Certified Copies of Public Records. A copy of an official record or report or entry

therein, or of a document authorized by law to be recorded or filed and actually recorded of filed

in a public office, including data compilations in any form, certified as correct by the custodian or

other person authorized to make the certification, by certificate complying with paragraph (a), (b),

or (c) of this rule or complying with any Resolution of the Chitimacha Tribal Council, law of the

United States or law of the State of Louisiana.

(e) Official Publications. Books, pamphlets, or other publications purporting to be issued

by public authority.

(f) Newspapers and Periodicals. Printed materials purporting to be newspapers or

periodicals.

(g) Trade Inscriptions and the Like. Inscriptions, signs, tags, or labels purporting to have

been affixed in the course of business and indicating ownership, control, or origin.

(h) Acknowledged documents. Documents accompanied by a certificate of

acknowledgment executed in a manner provided by law by a notary public or other officer

authorized by law to take acknowledgments.

(i) Commercial Paper and Related Documents. Commercial paper, signatures thereon, and

documents relating thereto to the extent provided by general commercial law.

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(j) Presumptions Created by Law. Any signature, document, or other matter declared by

any law of the Chitimacha Tribe of Louisiana, of the United States or of the State of Louisiana to

be presumptively or prima facia genuine or authentic.

Rule 903. Subscribing Witness' Testimony Unnecessary

Except as provided by statute, testimony of a subscribing witness is not necessary to

authenticate a writing.

Section 10. Contents of Writings, Recordings, and Photographs

Rule 1001. Definitions

For purposes of this article the following definitions are applicable:

(a) Writings and Recordings. "Writings" and "recordings" consist of letters, words, or

numbers, or their equivalent, set down by handwriting, typewriting, printing, photocopying,

photographing, magnetic impulse, mechanical or electronic recording, or other form of data

compilation.

(b) Photographs. "Photographs" include still photographs, X-ray films, video tapes, and

motion pictures.

counterpart intended to have the same effect by a person executing or issuing it. An "original" of

a photograph includes the negative or any print therefrom. If data are stored in a computer or

similar device, any printout or other output readable by sight, shown to reflect the data accurately,

is an "original".

(d) Duplicate. A "duplicate" is a counterpart produced by the same impression as the

original, or from the same matrix, or by means of photography, including enlargements and

miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other

equivalent techniques which accurately reproduces the original.

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Rule 1002. Requirement of Original

To prove the content of a writing, recording, or photograph, the original writing, recording,

or photograph is required, except as otherwise provided in these rules or by Chitimacha tribal law.

Rule 1003. Admissibility of Duplicates

A duplicate, executed at the same time as the original, is admissible to the same extent as

an original unless:

(a) a genuine question is raised as to the authenticity of the original or

(b) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

Rule 1004. Admissibility of Other Evidence of Contents

The original is not required, and other evidence of the contents of a writing, recording, or

photograph is admissible if:

(a) Originals Lost or Destroyed. All originals are lost or have been destroyed, unless the

proponent lost or destroyed them in bad faith; or

(b) Original Not Obtainable. No original can be obtained by any available judicial process

or procedure; or

of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that

the contents would be subject of proof at the hearing, and that party does not produce the original

at the hearing; or

(d) Collateral Matters. The writing, recording, or photograph is not closely related to a

controlling issue.

Rule 1005. Public Records

The contents of an official record, or of a document authorized to be recorded or filed and

actually recorded or filed, including data compilation in any form, if otherwise admissible, may be

proved by copy, certified as correct in accordance with Rule 902 or testified to be correct by a

witness who has compared it with the original. If a copy which complies with the foregoing cannot

be obtained by the exercise of reasonable diligence, then other evidence of the contents may be

given.

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Rule 1006. Summaries

The contents of voluminous writings, recordings, or photographs which cannot

conveniently be examined in court may be presented in the form of a chart, summary, or

calculation. The originals, or duplicates, shall be made available for examination or copying, or

both, by other parties at reasonable time and place. The court may order that they be produced in

court.

Rule 1007. Testimony or Written admission of Party

Contents of writings, recordings, or photographs may be proved by the testimony or

deposition of the party against whom offered or by that party's written admission, without

accounting for the nonproduction of the original.

Rule 1008. Functions of Court and Jury

When the admissibility of other evidence of contents of writings, recordings, or

photographs under these rules depends upon the fulfillment of a condition of fact, the question

whether the condition has been fulfilled is ordinarily for the court to determine in accordance with

the provisions of Rule 104. However, when an issue is raised:

(a) whether the asserted writing ever existed, or

(b) whether another writing, recording, or photograph produced at the trial is the original,

trier of fact to determine as in the case of other issues of fact.

Section 11. Miscellaneous Rules

Rule 1101. Applicability of Rules

(a) Rules Applicable. Except as otherwise provided in subdivision (b), these rules applies

to all actions and proceedings in the Chitimacha Court of Appeals, the Chitimacha Tribal Court

and before the judges of the Chitimacha Tribe of Louisiana.

(b) Rules Inapplicable. The rules other than those with respect to privileges do not apply

in the following situations:

(1) Preliminary Questions of Fact. The determination of questions of fact

preliminary to admissibility of evidence except as otherwise provided in Rule 104.

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(2) Miscellaneous Proceedings. Proceedings for sentencing; issuance of warrants;

proceedings with respect to release on bail or otherwise; proceedings for granting

of probation or parole; proceedings on probation or parole violations; proceedings

for determination of probable cause; proceedings for juvenile detention; and

extradition matters.

(3) Contempt Proceedings. Those contempt proceedings in which the court may act

summarily.

(4) Suspension of Rules of Evidence. For good cause, a court may suspend the rules

of evidence upon the motion of any party to a proceeding, provided the suspension

is consistent with the provisions of fairness and due process. A motion to suspend

the rules may be made at any stage of the proceeding.

Rule 1102. Title and Citation

These rules may be known and cited as the CHITIMACHA RULES OF EVIDENCE. The

official abbreviated citation form to these rules is: Ch.R.E.

Rule 1103. Amendments

Amendments to the CHITIMACHA RULES OF EVIDENCE may be made as provided in

tribal law and these rules.

Rule 1104. Repeal of Inconsistent Laws

Any provisions in the general laws of the Chitimacha Tribe of Louisiana which are

inconsistent with the provisions of these rules are repealed; provided, however, that nothing

contained in these rules shall be deemed to repeal provisions in the general laws which provide for

the confidentiality of records.

Rule 1105. Effective Date

These rules shall apply to all trials, hearings and depositions occurring on or after the

effective date adopted by the Chitimacha Tribal Council. Any subsequent amendments shall be

effective upon adoption by the Chitimacha Tribal Council.

(Added by Ordinance # 02-09; Adopted: December 3, 2009; Effective: December 3, 2009)

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.