COLORADO RIVER INDIAN TRIBAL COURT

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LOCAL RULES OF CIVIL PROCEDURE "LRCP"

{. SCOPE, DEFINITIONS AND CONSTRUCTION.

LRCP 1

Scope. These Rules apply to every proceeding in every action and

case in Courts of the Tribes filed after June 1, 1995, except as

superseded by specific provisions of the Local Rules of Child

Support and Paternity Procedure ("LRCSP"), Local Rules of

Procedure for Section 632 Actions, ("LRP632"), Local Rules of

Criminal Procedure ("LRCRP”), Local Rules of Juvenile Court

Procedure for Child in Need of Care (including Child Protective

Service) and Child Offender Actions ("LRJP"), Local Rules of

Subpoena Procedure ("LRSP"), Local Rules of Procedure for Contempt

of Court and Related Proceedings ("LRPOSC"), and amendments to any

of these Rules on Insert C, and the Local Rules of Appellate

Procedure ({"LRAP").

AHBOTAT IONS

LHCSP 1 (4); LAPS32 2; LRCAP 1; LAJP 1; LASP i; LRPOSC 1; LRAP 14

LRCP 2

Definitions and Construction. The definitions in these Rules and

in all other Tribal law including, but not limited to, L&O 104 and

DRG 102 are construed in pari materia.

(1) "Attorney" means anyone licensed or otherwise authorized under

Tribal law to practice in the Courts of the Tribes per LRCP 20 and

L&O 106.

(2) “Attorney General” means the Attorney General of the Colorado

River Indian Tribes, the Tribal Attorney, or other attorney

appointed by the Tribal Council and acting in such capacity, and

includes, unless the context requires otherwise, any assistant

attorney thereof. |

(3) "Bail Bondsman" means anyone authorized by the Clerk to post a

bond in lieu of cash to secure the appearance of a person, party

or property. .

Saab é 3 (Ade areaad?

(4) "Business Day" means all days excluding legal holidays.

{5) "But See" means the cited rule or other authority that follows

directly contradicts, or is superseded by, the rule stated, or

previously set forth.

(6) "Calendar Day" means all days identified on any accurate

current calendar, including both business days and legal holidays.

(7) "GE." means the cited rule or other authority that follows

supports a rule or proposition different from the rule stated, or

previously set forth, but sufficiently analogous to lend support.

Literally, -"ef." means compare.

(6) "Gitation" means a single summons and complaint form, including, but

not limited to, the Tribal citation and traffic ticket and complaint

forms, designed for completion and service by an officer, deputy, agent

or employee charged with enforcement of the Tribal law set forth

therein.

(9) "Civil" refers to all non-criminal issues, matters, subjects, cases

and controversies between or among persons, including, but not limited

to, all regulatory, child support, subpoena, civil contempts of Court as

defined in LRCP 2 (14)(i), and to Juvenile Court actions and cases, and

to the procedure for trial or other disposition of them, regardless of

how the law or possible. penalty therefor is denominated therein or

denominated in any other of law, order, notice, or warning.

(10) "Glerk" means the Judicial Clerk of the Tribal, Juvenile or Appeals

Courts, as the context requires, and includes, unless the context

requires otherwise, any deputy thereof.

(11) "CNG Action” means an action under the DRC alleging a Child In Need

of Care, as defined therein.

(12) "CO Action" means an action under the DRC alleging a Child

Offender, as defined therein.

(13) "Complaint, Application or Petition” means a written instrument,

including a citation, that commences an action or case, is signed by the

person making or completing it under oath or certificate that the

statements and allegations therein are true to the best of his or her

knowledge and belief, and states a claim against one or more

respondent/defendants and seeks relief from those

respondent/defendants(s}, by providing reasonable notice of the clain

and relief. It is reasonable notice of a claim and relief arising from .

laws or regulations to cite them and identify the approximate time, date

and location of the allegations. A sufficient certificate includes a

simple declaration by the signer such as found on Tribal citation forms.

(14) "Contempt" refers to either (i) a civil contempt of Court action

per L&O 107, or per the inherent powers of the Courts of the Tribes, for

which any individual may be subject to the maximum of up to 30 days

incarceration, and/or a penalty of up to $150, regardless of how such

incarceration or penalty is denominated in any law, order, notice, or

warning, and to the rules and procedure for trial or other disposition

of them per the LRPOSC, or (i1) a criminal contempt of Court per L&0

341, and to the rules and procedure for trial or other disposition of

them per the LRCRP, as the context so implies.

(15) "Criminal" refers to punishment for an offense and specifically to

all offenses See LRCP 2 (47), under the L&O, or other Tribal ordinance

or code, for which upon conviction a person may be subject to a fine per

LRCP 2 (22)(ii) or imprisonment per LRCP 2 (25)(ii), or both, and to the

cases involving such offenses or alleged offenses, and to the procedures

for trial or other disposition of them, including criminal contempts of

Court per LRCP 2 (14)(2i).

(16) "Customs of the Tribes" or "Traditional Customs and Usages of the-

Tribes", "Lawful Tradltion and Policies of the Tribes aad the Courts o

che Tribes" means the common law of the Colorado River Indian Tribes and

the Indians of the Colorado River and its tributaries, and the

interpretation and determination thereunder of Tribal law and the

language thereof, by the Courts of the Tribes. It does not include the

common law of England, the United States, or any State, nor any

interpretation thereunder of Tribal law or the language thereof, by any

courts other than Courts of the Tribes. The Courts of the Tribes have

the right and responsibility to interpret and determine Tribal law and

the language thereof prior and paramount to any other courts.

(17) "Deliver a Copy" or "Deliver an Original" means handing it to the

person, party, or attorney to be served; or leaving it at her office

with a secretary or other person in charge thereof; or, if there is no

one in charge, leaving it in a conspicuous place therein; or if the

office is closed or the person, party, or attorney to be served has no

office, leaving it at his dwelling house or uSual place of abode with

some person of suitable age and discretion then residing therein; or if

an attorney in her box at Court, or the person or party has no accurate

and specific mailing or home address of record, by leaving it in the

file or appropriate Court box, or as otherwise specifically required in

the applicable Rule or order of the Courts of the Tribes under which

that delivery is made.

(18) "Disclose" means to serve or deliver a copy, or, if required by

law, an original.

(19) "Domestic Restraining Order" means a preliminary injunction or

temporary restraining order per LRCP 12, and does not include any

provisional remedy per LRCP 15.

(20) "Domicile" means the place where the person is residing, located or

present.

(21) "DRG" means the Domestic Relations Code of the Colorado River

Indian Tribes and any amendment thereto.

(22) "Fine" means either (i) a forfeiture, penalty, damage, restitution,

sanction, fees, or costs, or (ii) a fine for purposes of punishing

persons for engaging in activities prohibited by laws, as the context so

implies.

(23) "Forfeiture", "Penalty", "Damage", "Restitution", "Sanction",

"Fees", "Gosts" means a lawfully imposed debt or loss of property for

purposes of compensation or coercing compliance with any Tribal law,

other than for purposes of punishing activities prohibited by laws.

(24) "Government" means both Colorado River Indian Tribal and non-tribal

governments, including any department, board, enterprise, corporation or

other subordinate entity thereof, unless the context requires otherwise.

(25) "Imprisonment" means either (i) incarceration or (ii) imprisonment

for purposes of punishing persons for engaging in activity prohibited by

lays, as the context so implies.

(26) "Incarceration" means commitment to the custody of the Tribal

Police or Court Bailiff for purposes of securing the attendance of

that witness or party and/or of the lawfully compelled testimony

or production of evidence therefrom, of coercing compliance with

any lawful order of the Courts of the Tribes, of maintaining the

integrity of the administration of justice by the Courts of the

Tribes, of ensuring due respect and decorum in the Courthouse and

providing for the safety and security of Court personnel and

property at the Courthouse or elsewhere engaged in the

administration of justice.

(27) “Law” means all law, including, but not limited to, every

statute, ordinance, regulation (including every executive order or

administrative order), resolution, rule of court (including, but

not limited to, TRCP 11 and any contempt of court, summons,

subpoena, discovery Rule and the entire LRCP, LRCSP, LRP632,

LRCRP, LRIP, LRSP and LRAP) and all applicable common law or

customs of the Tribes. Whenever the context implies, however, the

term refers to only Tribal law.

(28) "Laws" means statutes only. Whenever the context implies,

however, the term refers to only Tribal ordinances or codes.

(29) "Law of the Government to be Served" means the particular

government's own laws and rules of court to effect service

thereon, which in the case of the Colorado River Indian Tribal

Government is L&O 102 (D)(E) and (F), and TRCP 4 (i).

(30) "Legal Holiday" means all Saturdays, Sundays and holidays,

including New Year's Day, Birthday of Martin Luther King, Jr.,

Washington's Birthday, Memorial Day, Independence Day, Labor Day,

Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, and

any other day appointed by the President or Congress of the United

States, or by the State of Arizona, and confirmed as a holiday by

the Tribal Council and/or Chairman thereof, plus all additional

days on which less than Four (4) hours of Tribal government

business are required, as determined by the Tribal Council and/or

Chairman thereof, plus any day on which the weather or other

conditions, including, but not limited to, unanticipated closing

of the Tribal Court, have made the office of the Clerk

inaccessible.

(31) “Local Rules of Appellate Procedure" or "LRAP" means the

Rules set forth in that document.

{32} “Local Rules of Juvenile Court Procedure for Child in Need of

Care (including Child Protective Service) and Child Offender

Aetions" or "LRJP" means the Rules set forth in that document.

(33) "Local Rules of Child Support and Paternity Procedure" or

"LRCSP” means the Rules set forth in that document.

(34) "Local Rules of Civil Procedure" or "LRCP" mean the Rules set

forth in this document.

(35) "Local Rules of Criminal Procedure" or "LRCRP”’means the Rules

set forth in that document.

(36) "Local Rules of Procedure for Contempt of Court and Related Proceedings”

or "LRPOSC” mean the Rules set forth in that document.

(37) "“Leeal Rules of Procedure for Section 632 Actions” or "LRP632" means the

Rules set forth in that document.

(38) "Local Rules of Subpoena Procedure" or "LRSP” means the Rules set forth

that document.

(39) "Make Available" means.to have present in the office of the person, par

or attorney on whom this duty falls, or in her constructive presence at the

appropriate police department or other evidence depository, and to provide t)

person, or attorney whom this duty is intended to benefit, a reasonable

opportunity to inspect, hear, view and copy such, which may be done thereat

the extent its evidentiary value is not unreasonably diminished, or else sen

for copying or independent testing, or otherwise inspected, per Court order.

(40) "Manager" means, for purposes of service only, a supervisor in charge,

and includes any manager of process, such as a statutory agent or other pers

in the office of such agent authorized or designated to receive service of

process for a person, party, attorney corporation, association or government

to be served.

(41) "Member of His Family" means, for purposes of service only, a person of

suitable age and discretion then residing therein.

(42) "Natural Person" or "To a Natural Person" means, for purposes of servic

only, an adult individual.

(43) "Not a Party" means, for purposes of service only, any individual, pers

or entity neither named in, nor a real party in interest to, the action or

case in which the process arises. The attorney of a party, and the employee

or staff of such attorney, are not parties.

(44) "Notice" means a communication as may fairly and properly be expected c

required in the particular circumstances.

(45) "Written Notice" or "Written" or "In Writing" means a notice, warning c

order given either in writing, or by recorded, oral communication to any

person or party, or to the attorney or agent therefore, to whom the notice,

Warning or order is to be given, who is present, either in person or througt

the presence of his or her attorney or agent, in Court at the time given.

(46) “Notice of Trial or Hearing” means a notice reasonably identifying the

time, date, location, and issue or issues to be heard or tried, which may be

done by reasonable identification of the pleading or motion to be heard or t

incorporating or attaching the pleading or motion to the notice.

(47) "Offense" means any violation of laws that is either (1) specifically

declared by Tribal laws to be an "offense", such as charges per L&O Art. 3,

"Criminal Offenses", Driving Under the Influence per L&O 633 ("It is an

offense . . ."), and Failure to Give Information and Render Aid per L&0 621-

630 (". . . shall be guilty of an offense") per L&O, Art. 6, "Traffic Contre

and Operation of Vehicles”, or (2) involves moral turpitude as would prompt

che right to a jury trial under 25 USC § 1302 (10) were it also punishabie t

imprisonment, or (3) is punishable by more than six (6) months imprisonment

and a $500 fine.

(48) "Order to Show Cause” or “OSG” means a single notice of hearing and order

to appear thereon and defend. Am OSC is an order to appear, a summons, and a

notice of trial or hearing.

(49) "Per" means the rule or other provision previously set forth is pursuant

to, subject to, or under the provisions of, the cited rule or other authority

that follows.

(50) "Petition" see "Complaint, Application or Petition.”

(51) "Principal Employee, Agent or Representative” means, for purposes of

service only, a supervisor in charge at the time of service, and includes any

manager.

(52) "Provisional Remedy” means an interlocutory order of the Court in an

action or case, plead and filed per LRCP 15, and heard on an expedited basis,

and remaining subject to the opportunity for review, modification, or reversal

at final trial or hearing, or sooner as the adverse party May appear and move,

or the Court may order, per LRCP 26, LRCP 27, or LRCP 28 (j), and for any

relief authorized per LRCP 31 (b). A “provisional remedy" does not include

any of the following: a domestic restraining order per LRCP 12, an arrest on a

civil arrest warrant per LRCP 35, an arrest on a bench warrant per the LRPOSC,

an arrest per the LRCRP, a preliminary custody or detention per the LRJP, or a

regulatory seizure per LRCP 34, despite that such are for similar purposes.

(53) "Punishable" means actually subject to imposition under the laws and

Court orders, including, applicable standing orders, in effect in the case or

at the time of sentencing or liability determination.

(54) "Record" or "Recorded" means any written, taped, transcribed, or

stenographically reported transcript, or copy thereof, made by the Clerk of

the Tribal Court or any officer designated with the power to administer oaths

or take testimony per LRCP 42.

(55) "Regulatory" refers to all civil actions or cases arising under Tribal

law governing conduct that threatens or has some effect on the political

integrity, the economic security, or the health or welfare of the Tribes,

including, but not limited to, those arising under the Tribal Agriculture,

Business and Professions, Domestic Relations, Government, Health and Safety,

Labor, Land, Natural Resources, Welfare and Institutions, Gaming Code, and

L&0, Article 6 "Traffic Control and Operation of Vehicles, except for criminal

offenses thereunder, such as Driving under the Influence per L&0 633, and

Failure to Give Information and Render Aid per L&0 621-630.

(56) “Residence” or "Usual Place of Residence" means the home, dwelling, abode

or particular locality, where a natural person lives, stays, frequently

returns and inhabits, or is or was offered to the Court by the person or her

attorney as her most recent address of record.

(57) "Seetion 632 Action" or "632 Action” means the procedure for trial or

other disposition of any action, cite, affidavit, notice or other filing

relating to actions to suspend driving privileges under L&O 632 and the

LRP632.

(58) "See" or "See Also" means the cited rule or other authority that follows

directly supports, follows from, or is consistent with, the rule stated or

previously set forth.

(59) "Summons" means a written notice, including a ecltation, order to

show cause, or notice of hearing, that informs the party named therein

that am action or case has been commenced against him and he is required

to answer, in the time and manner stated therein, or appear at the time

and location specified therein.

(60) “Tribal Probation Officer" means any employee of the Tribes

Probation or Tribes Department of Health and Social Services, including

Child Protective Services, having, in addition to the duties and powers

found elsewhere in Tribal law, the duties and powers set forth in DRC 1-

103 (E) and DRC Chapter 4.

(61) "Tribal Prosecutor" or "Prosecutor" means the person appointed by

the Tribal Council to conduct the prosecution of any criminal offense

per L&O 106 (E)(2)}, L&O 106 (F) or regulatory action, or driving

privilege suspension or other action, and the Attorney General, as

defined per LRCP 2 (2), or any other attorney appointed or designated by

Tribal Council to prosecute any Child Offender or Child in Need of Care

action, and includes, unless the context requires otherwise, any deputy

thereof.

(62) "Tribal Public Defender" or "Public Defender" means the person

appointed by Tribal Council to defend persons charged with any criminal

offense or Child Offender or Child in Need of Care action, and includes,

unless the context requires otherwise, any deputy thereof.

(63) "Trials of... Matters" means, for purposes of L&O 203 (h), the

final adjudication of all disputed matters of material fact in a civil

or criminal case triable before a jury, whether the right to such jury

has been invoked or not.

(64) "Trial or Hearing" means, for purposes of L&O 108 (e), the final

adjudication of all disputed matters of material fact in any action or

case.

(65) "Tribal Rules of Appellate Procedure” or "TRAP" means the Federal

Rules of Appellate Procedure as set forth in LRAP.

(66) "Tribal Rules of Civil Procedure" or "TRCP" per L&0 202 (f), means,

the Federal Rules of Civil Procedure, as amended through 1993, and as

thereafter amended, that are not inconsistent with another provision of

L&0, nor otherwise locally inapplicable because they refer to any

special federal procedure or laws having no counterpart in the Courts of

the Tribes. If a conflict exists between the TRCP and the LRCP or other

local rule, the local rule shall control. Unless either the context

requires otherwise, or because a party in a particular case is actually

the United States, the words "Attorney General", "United States",

"State", "Court", "Judicial District", and any similar designation, in

the applicable TRCP or the federal statutes to which they refer, are

deemed hereby to refer to their counterparts under Tribal law, for

example, to the "Tribal Attorney General", the "Colorado River Indian

Tribes’, "Tribal Court”, and "Colorado River Indian Reservation", and

any similar corresponding designation, and likewise, when the applicable

TRCP refers to other federal Rules of Civil Procedure that are not

applicable, that is, not set forth herein, they refer to the applicable

counterpart set forth the local rule.

The following are the applicable federal rules:

PRCP 4 (1) Service on the United States

TRGP 8 General Rules of Pleading

(a) Glaims for Relief

(b) Defenses; Form.of Denial

)} Effect of Failure to Deny

(e) Pleading to Be Concise and Direct;

Consistency

{f£) Construction of Pleading

TRCP 9 Pleading Special Matters

) Capacity

) Fraud, Mistake, Condition of the Mind

} Gonditions Precedent

) Official Document or Act

) Judgment

) Time and Place

) Special Damage

TROP 10 Form of Pleading

(b) Paragraphs; Separate Statements

TRCP 11 Signing. of Pleading, Motion, and Other Papers; Representation to

Gourt; Sanction

(a) Signature, TRCP 11

(b) Representation to Court, TRCP 11

(1) How Initiated

{A) By Motion

(B) On Court's Initiative

(2) Nature of Sanction; Limitation

(3) Order

(d) Inapplicability to Discovery, TRCP 11

TRGP 12 Defense and Objection--When and How Presented--By Pleading or

Motion-~-Motion for Judgment on the Pleading

(a) When Presented

{b) How Presented

{c) Motion for Judgment on the Pleading

(d} Preliminary Hearing, TRCP 12

(e) Motion for More Definite Statement

{f£) Motion to Strike

(g) Consolidation of Defenses in Motion

(h) Waiver or Preservation of Certain Defense

TROP

TRCP

TRGP

TRCEP

TREP

TRGP

13 Counterclaim and Cross-Clain

Compulsory Counterclaim

Permissive Counterclaim

Counterclaim Exceeding Opposing Clain

Counterclaim Against the United States

Counterclaim Maturing or Acquired After Pleading

Omitted Counterclaim

Cross-Claim Against Co-party

Joinder of Additional Parties

Separate Trial; Separate Judgment

ON ON NN ON et EN

erg rho an oOo

ee ee Nee Nee ee Near ee eet

When Defendant May Bring in Third Party

Third-Party Practice

)

) When Defendant May bring in Third Party

Amended and Supplemental Pleading

) Amendment

} Amendment to Conform to the Evidence

) Relation Back of Amendment

) Supplemental Pleading

Pretrial Conference; Scheduling; Management

) Pretrial Conferences: Objective

) Scheduling and Planning

) Subjects for Consideration at Pretrial Conference

) Final Pretrial Conference

) Pretrial Order

) Sanction, TRCP 16

Parties Plaintiff and Defendant; Capacity

) Real Party in Interest

) Capacity to Sue or Be Sued

) Infants or Incompetent Person

Joinder of Glaim and Remedy

) Joinder of Claim

) Joinder of Remedy; Fraudulent Conveyances

Joinder of Person Needed for Just Adjudication

) Persons to Be Joined if Feasible

) Determination by Court Whenever Joinder Not Feasible

)} Pleading Reason for Nonjoinder

) Exception of Class Actions

Q Permissive Joinder of Parties

(a) Permissive Joinder

(b) Separate Trial

21 Misjoinder and Non-Joinder of Parties

22 interpleader

TRCP 23 Class Actions

(a) Prerequisite to Class Actions

(b} Class Actions Maintainable

Maintained; Notice; Judgment; Actions Conducted Partially as

Class Actions

(d) Order (Ss) in Conduct of Actions

e) Dismissal or Compromise

TRCP 23.1 Derivative Actions by Shareholder

TROP 23.2 Action Relating to Unincorporated Association

TRCP 24 Intervention

(a) Intervention of Right

({b) Permissive Intervention

TRGP 25 Substitution of Parties

(a) Death

(b) Incompetency

(d) Public Officer; Death or Separation from Office

TRCP 26 Civil Case, General Provision Governing Discovery; Civil Case,

Duty of Disclosure; Civil Case, Disclosure

(a) Civil Gase, Required Disclosure; Civil Case, Method to

Discover

Additional Matter

(1) Givil Case, Initial Disclosure

(2) Civil Case, Disclosure of Expert Testimony

(3) Givil Case, Pretrial Disclosure

(4) Civil Case, Form of Disclosure; Filing

(5) Civil Gase, Method to Discover Additional Matter

(b) CGivil Case, Discovery Scope and Limit

(1) In General

(2) Civil Case, Limitation on Disclosure

(3) Civil Case, Trial Preparation: Material

(4) Givil Case, Trial Preparation: Expert

(5) Claims of Privilege or Protection of Trial

Preparation Material

Civil Case, Protective Order

Civil Case, Timing and Sequence of Discovery

Givil Case, Supplementation of Disclosure and Response

Civil Case, Meeting of Parties; Planning for Discovery

Civil Case, Signature of Disclosure, Discovery Request,

Response, and Objection

mar 2 AO

TRCP 27 Deposition Before Actions or Pending Appeal

(a) Before Actions

(1) Petition

(2) Notice and Service

(3) Order and Examination

(4) Use of Deposition

(b) Pending Appeal

(c} Perpetuation by Actions

TRCP 28 Person Before Whom Deposition May Be Taken

(a) Within the United States

(b) In Foreign County

({c) Disqualification for Interest

TRCP 29 Stipulation Regarding Discovery Procedure

TRCP 30 Deposition upon Oral Examination

(a) When Deposition May Be Taken; When Leave

Required

(b) Notice of Examination: General Requirement;

Method of Recording; Production of

Document and Thing; Deposition of

Organization; Deposition by Telephone

({c) Examination and Cross-Examination; Record of

Examination; Oath; Objection

(d) Schedule and Duration; Motion to Terminate or Limit

Examination

(e) Review by Witness; Changes; Signing

(f) Gertification and Filing by Officer;

Exhibit; Copy; Notice of Filing

(g) Deposition Upon Oral Examination, Failure to Attend or to

Serve Subpoena; Expense

TRCP 31 Deposition upon Written Question

(a) Serving Question; Notice

(b) Officer to Take Response and Prepare Record

TRCP 32 Use of Deposition in Court Proceeding

( Use of Deposition

Objection to Admissibility

Form of Presentation

Effect of Error and Irregularity in

Deposition

(1) As to Notice

(2) As to Disqualification of Officer

(3) As to Taking of Deposition

(4) As to completion and Return of Deposition

ao Mh

TROP 23 interrogacory to Parties

(a) Availability

(b) Answers and Objection

(c}) Scope; Use at Trial

(d) OQption to Produce Business Record

TRCP 34 Production of Document and Thing and Entry upon Land for

Inspection and Other Purpose

(a) Scope

(b) Procedure

TRCP 35 Physical and Mental Examination of Person

(a) Order for Examination

(b) Report of Examiner

TRCP 36 Request for Admission

(a) Request for Admission

(b) Effect of Admission

TRCP 37 Civil Case, Failure to Make Disclosure or Cooperate in

Discovery: Sanction, TRCP 37

(a) Civil Case, Motion for Order Compelling Disclosure or

Discovery

(1) Appropriate Court

(2) Motion

(3) Evasive or Incomplete Disclosure, Answer

or Response

(4) Expense and Sanction

(b}) Civil Case, Failure to Comply with Order

(1) Sanction by Court in District Where Deposition Is Taken

(2) Sanction by Court in Which Action Is Pending

Disclosure; Refusal to Admit

(d) Civil Case, Failure of Party to Attend at Own Deposition or

Serve Answer to Interrogatory or Respond to Request for

Inspection

(g) Civil Case, Failure to Participate in the Framing of a

Discovery Plan

TRCP 41 Dismissal of Actions

(a) Voluntary Dismissal: Effect Thereof

(1) By Plaintiff; by Stipulation

(2) By Order of Court

(b) Involuntary Dismissal: Effect Thereof

(d) Costs of Previously Dismissed Actions

TROP 42 Consolidation; Separate Trial

(a) Consolidation

(b) Separate Trial

TROP 43 Taking of Testimony

(a) Form

(d) Affirmation in Lieu of Oath

(e) Evidence on Motions

(f)

Interpreter

TRCP 44 Proof of Official Record

(a) Authentication

(1) Domestic

(2) Foreign

(b) Lack of Record

TRCP 44.1 Determination of Foreign Law

TRCP 46 Exception Unnecessary

TROP 49 Special Verdicts and Interrogatories

(a) Special Verdict

(b) General Verdict Accompanied by Answer to Interrogatory

TRCP 50 Judgment as a Matter of Law in Actions Tried by Jury;

Alternative Motion for New Trial; Conditional Ruling

(a) Judgment as a Matter of Law

(b) Renewal of Motion for Judgment After Trial;

Alternative Motion for New Trial

Matter of Law

(d) Same: Denial of Motion for Judgment as a Matter of Law

TRGP 51 Instruction to Jury: Objection

TRCP 52 Findings by the Court; Judgment on Partial Findings

(a) Effect

(b) Amendment .

TRCP 54 Judgment; Costs

(a) TRCP 54, Definitions and Construction, TRCP 54; Form

(b) Judgment upon Multiple Claim or Involving Multiple Parties

{c) Demand for Judgment

(d) Costs; Attorney Fees

(1) Costs Other than Attorney Fees

(2) Attorney Fees

TRCP 55 Default

(a) Entry

(b) Judgment

(2) By the Court

(d) Plaintiff, Counterclaimant, Cross-Claimant

(e) Judgment Against the United States

TROP 56 Summary Judgment

(a) For Claimant

(ob) For Defending Party

(d) Gase Not Fully Adjudicated on Motion

(e) Form of Affidavit; Further Testimony;

Defense Required

(f£) When Affidavit is Unavailable

(zg) Summary Judgment, Affidavit Made in Bad Faith

TRCP 58 Entry of Judgment

TRCP 59 New Trial; Amendment of Judgment

(a) Grounds

(b) Time for Motion

{c) Time for Serving Affidavit

(d) On Initiative of Court

{e) Motion to Alter or Amend a Judgment

TRCP 60 Relief from Judgment or Order

(a) Glerical Mistake

(b) Mistake; Inadvertence; Excusable Neglect; Newly Discovered

Evidence; Fraud, etc.

TRCP 61 Harmless Error

TRCP 62 Stay of Proceeding to Enforce a Judgment

(a) Automatic Stay; Exception--~Injunction,

Receivership (Patent Accountings Omitted}

(b) Stay on Motion for New Trial or for Judgment

{c) Injunction Pending Appeal

(d) Stay upon Appeal

(e) Stay in Favor of the United States or Agency

Thereof

(£) Stay According to State Law

(g) Power of Appellate Court Not Limited

(h) Stay of Judgment as to Multiple Claims or

Multiple Parties

TRCP 63 Inability of a Judge to Proceed

TROP 65 Injunction (Net applicable to sa Domestic Restraining Order)

(a) Preliminary Injunction

{1} Notice

(2) Consolidation of Hearing with Trial on

Merit

{o) Temporary Restraining Order; Notice;

Hearing; Duration

{d} Form and Scope of Injunction or Restraining

Order

(e) Employer and Employee; Interpleader;

Constitutional Cases

TRCP 65.1 Security: Proceedings Against Sureties

TRCP 66 Receiver appointed by Federal Courts

TROP 67 Deposit in Court

TROP 68 Offer of Judgment

TRCP 71.A Condemnation of Property

(a) Applicability of Other Rules

(6b) Joinder of Property

(1) Caption

(2) Content

(3) Filing

(d) Process

(1) Notice; Delivery

(2) Same; Form

(3) Service of Notice

(A) Personal Service

(B) Service by Publication

(4) Return; Amendment

Appearance or Answer

Amendment of Pleading

Substitution of Parties

Trial

Dismissal of Actions

(1) As of Right

(2) By Stipulation

(3) By Order of the Court

(4) Effect

}) Deposit and Its Distribution

.{k) Condemnation Under a State's Power of Eminent

SONOS SN

B- OFoa rho

Domain

) Costs

TRGP 80 Stenographer; Stenographic Report or Transcript as

Evidence

ANHOTATIONS

LGO 104 (Dafiaitiona), BRC 102 (Dafinitiona)

II. GENERAL RULES OF PLEADING AND FILING

LECP 3

Pleading and Caption. All filings in any action or case shall

contain a heading stating the name of the Tribal Court of the

Colorado River Indian Tribes, the name of the first party on each

Side with an appropriate indication of other parties and the

status of each party, the case or file number, and a title that

readily identifies to the Clerk the substance and type of relief

sought or process to be issued.

AHROTATIONS

3eao Aleao TROP 10 and THCP 11; L&O 102 (D0) and (f)(Actions Against tha Tribea): CL. LHCRP 2

LRCP 4

Filing, When Required. The initial complaint, application or

petition and all papers intended to be seen by a Judge or used in

a proceeding, or otherwise required by Tribal law to be filed,

shall be filed with the Clerk as required by law and within a

reasonable time of service, except that requests for documents or

discovery, depositions upon oral examination per TRCP 30,

interrogatories per TRCP 33, request for admission per TRCP 36,

and answers or responses thereto, shall not be filed with the

Court, unless on order of the Court or for use in the proceeding.

ABHOTATLIONS

Cf&. LRCRP 3 (b) (Search and Arrast Warrante Avtar Business Houre )

LRCP 5

(a)(1)(i) Complaint, Application or Petition, Pleading. An

initial pleading may be denominated either a complaint,

LROP § (a}(1)(1) (Cont. } application or petition, and shall include

the names of all parties. A complaint, application or petition

shall be signed by the person making it per LRCP 2 (13), and per

TRCP 11, but need not be verified, except a Petition for

Dissolution of Marriage or Legal Separation, which shall be

verified. Any substantially completed or amended complaint,

application or petition is deemed to satisfy the requirements of

Tribal law, including, but not limited to, L&O 202 (d) and DRC 1-

313 (c) and 1-412 (c).

(ii) Gomplaint, Application or Petition, Amendment. A

complaint, application or petition may be amended per TRCP 15; or

other process in any case or action.

(2) {1} Gitation, Pleading. A citation shall, at a minimun,

state the name of the respondent/defendant, each alleged claim or

charge, which may include or be solely by reference to the Section

and Subsection of the applicable Code therefor, if any, the

approximate location where the alleged claim or charge arose or

occurred, the approximate date and time of the alleged claim or

charge, and its summons information per LRCP 2 (8). Any

substantially completed or amended citation is a complaint deemed

to satisfy the requirements of Tribal law, including, but not

limited to, L&O 202 (d).

(ii) Citation, Amendment. A citation may be amended per

LRGP 5 (a)(1)(ii) or by the Court at initial appearance or

arraignment to correct misspellings, reflect the correct address

of persons, or upon motion of the Tribal Prosecutor or Attorney

General, to specify a Section or Subsection of the applicable

Tribal Ordinance or Code for the alleged charge or offense and per

LRCP 38 (c).

(3) Dissolution of Marriage, Legal Separation. Child Custody

or Support, Pleading. A proceeding for dissoiution of marriage

("divorce"), legal separation, or annulment shall be commenced in,

and state the heading of the Tribal Court of the Colorado River

Indian Tribes, but shall denominated a "Petition" instead of a

complaint and shall identify the parties as "In Re the Marriage of

and ". Actions for child support, or child custody

arising out of a dissolution or legal separation cf. LRCP 5

(a)(4), shall identify the parties as "In Re the (Custody)

(Support) of » by » Petitioner v. , Respondent".

* Some examples of sufficient titles for complaints and petitions so denominated are "Complaint for Daaages

in Contract", "Petition for Forcible Detainer and Eviction", "Complaint for Damages in Tort (motor vehicle)",

"Complaint for Domestication of Foreign Judgment*, "Petition for Establishment of Child Support Order", “Petition

for Assignment of Child Support", “Petition for Domestication of Foreign Child Support Judgment".

(4) Juvenile Court, Pleading. A proceeding alleging a ©O

Action or CNC Action or "Termination of Parental Rights",

"Adoption" or for the “Establishment of Paternity” or

determination of "Custody of a Child" not arising in a dissolution

or legal separation proceeding cf. LRCP 5 (a)(3), or for the

"Appointment of a Custodian or Guardian of a Child”, or the

"Commitment of Mentally Retarded or Mentally [11 Child”, or for

"Emancipation" or arising under the Indian Child Welfare Act,

shall be commenced in, and state the heading of the Juvenile Court

of the Colorado River Indian Tribes; and shall be denominated a

"Patition" therefor.

(5) Small Claims Division, Pleading. A proceeding for

contract, tort or equitable relief under $1,000.00 may, but need

not, be commenced in, and shall be denominated a complaint and

shall contain the heading of the Small Claims Division of the

Tribal Court of the Colorado River Indian Tribes.

(b) Complaint, Application or Petition, Citation, Filing, When

Required, Limitation of Action. All actions or cases shall be

commenced by filing an original complaint, application or petition

or citation with the Clerk. A citation shall be filed not later

than the time and date of initial appearance or arraignment, or be

subject to dismissal, usually without prejudice. A complaint,

application or petition or citation shall be filed prior to the

time barred under the doctrine of laches, which applies in the

Courts of the Tribes.

ABBOTATIONS

LRCP 2 (8) C*’Citation®):; LRCP 2 (13) (°Complaint’); LROP 2 (50) ("Patition"); LRP632 4 (632

Citation); URCRE Z, LRCRP 3 and LACHP 4 (Criminal Complaint): LRIP 3 (Juvenil’c Petition);

Heechura an Domestic Relations Cases, p. 57; LEGG 2-201 (Damestic Relations and Custody and

Buepport Patitions); Brochures on Small Claima, p. 56: 3maill Claims Division, Saeection 4-102, pp.

166; LROP 22 (Domestication of Foreign Process) and LASP 3 (b)(Foraign Bubpoenes); LHCF 36 (¢)

amg Annotations (Amendmanta at Arraignmanta and Initial Appaarances); But Sea LACSP (Laches in

Child Support and Paternity); LRPG32 4 (Reasonably Short Filing Tima); LRCRP 26 {Speedy

Trial); LAIP 2 (c) and LRIP 23 (Speady Filing and A@judication); LHAP 7 (Patition for Appeal).

LRCP 6

(a) (1) Sumnons , Pleading. A summons shall contain the form or

space for signature by the Clerk and the seal of the Court, and

shall identify the Court and the parties, be directed to the

respondent/defendant, State the name and address of the

plaintiff's attorney or, if unrepresented, of the plaintiff, and

state the time and manner in which the respondent/defendant must

appear and defend, and notify her, that failure to do so will

result in a judgment by default against her for the relief

demanded in the complaint, application or petition. The party on

whose behalf a summons 1s issued remains responsible for its

content, even if prepared by the Clerk. Any substantially

completed or amended summons is deemed to satisfy the requirements

of Tribal law, including but not limited to, a citation per LRCP 2

He L&O 202 (d), and DRC 1-314 (D), DRC 1-407 (D), and DRC 1-505

(2) Summons by Citation, Pleading. A citation shall summons

the respondent/defendant to whom it is directed to appear at the

location and on the time and date set by the officer signing the

citation on the regular initial appearance or arraignment sat per

LRCP 38 (c).

(i) on the next business day after arrest for any adult, and

on the same or next business day after commencement of

detention, whichever is sooner, for any juvenile, or

(ii) on any business day set by the officer not less than

Six (6), nor more than Twenty-One (21), business days later,

when the respondent/defendant or juvenile is not in custody.

In addition, the citation shall be signed by the officer and

the respondent/defendant or juvenile and/or parent of the juvenile

to whom it is directed, which constitutes her promise to appear as

directed therein. Any substantially completed or amended summons

by citation is deemed to satisfy the requirements of Tribal law,

including but not limited to, L&O 202 ({d).

(3) Summons, Citation, Amendment. A summons, including by

citation, may be amended or supplemented by the Court per LRCP 38

LRCP 28 (j).

(b) Summons, Summons by Citation, Filing, When Required. Upon or

after filing an initial complaint, application or petition

commencing an action or case, the plaintiff shall present a

summons to the Clerk for signature and seal, ef. summons by

citation per LRCP 6 (a)(2). If a summons is in proper form, the

Clerk shall sign, seal, and issue it to the plaintiff for service

on the respondent/defendant. A summons, or a copy thereof, shall

be issued for each respondent/defendant to be served.

AHHOTATIGRS

LACF 24 (a)(120 Daga to Serva Sumesons), LRCP 26 (3) ang L660 108 (D)(Court Amendmant of

Surpsona )

LRCP 7

(a) Answer or Response to Summons and Complaint, Application or

Petition, Pleading. An Answer is filed to a Complaint. A

Response is filed to a Petition. An answer or response to a

summons and complaint, application or petition, shall be in

writing and signed per TRCP 11, but need not be verified, except

that a Response to a Petition for Dissolution of Farriage or Legal

Separation shall be verified.

(bo) Answer or Response to Summons and Complaint, Application or Petition, Filing,

When Required. Whenever a summons and complaint application or Petition has been

issued, filed and served on a defendant/respondent, that defendant/respondent is

required to file with the Court, a written answer, or response, thereto within

Twenty calendar (20) days of delivery on, or receipt by, him of that process, prior

to the entry of a default or final trial or hearing in such action or case. Service

of a summons and complaint, application or petition initiating an action or case off

the Colorado River Indian Reservation by personal service per LRCP 28 (a)(3), or by

registered mail off the Reservation per LRCP 28 (a)}(4), or by publication per LRCP

28 (a)(5), or in Small Claims Division cases served by registered mail whether on or

off the Reservation per Small Claims Division, Section 202 (A), requires the

addition of Ten (10) calendar days to the time period prescribed or allowed, for a

total of Thirty (30) calendar days, required to file an answer or response thereto

prior to entry of default or final trial or hearing in the case, except by consent

per LRCP 27. Service by waiver per LRCP 28 (h) shall require the addition of thirty

(30) to sixty (60) calendar days prior to entry of a default or final trial or

hearing in the case. Fully stipulated cases per LRCP 13 {a)(1) may be delivered to

the judge for review and/or judgment at any time per Insert B.

Filing, When Required. Whenever a summons and complaint in a small claims division

case have been issued, filed and served on a defendant, that defendant is required

to file with the Court and serve an answer in the same time and manner as any other

answer or response per LRCP 24 (b), except a defendant also has Thirty (30) total

calendar days to respond to service by registered mail on the Reservation,

notwithstanding Small Claims Division, Section 4-203, except by consent per LRCP 28.

ANHOTATIONS

LROP 5 (a) (1)(44) (Ampendaant): LURCP 24 (6b) and (c)(Service of Answer/Response Required), LEQ 202 (dad), L&O 108 (D)

(Agandmant of Suasons and Notice)

LRCP 8

Answer or Response to Complaint, Application or Petition or Citation, Criminal,

Juvenile CO or CNC Action or Regulatory Action, Pleading and Filing. Except to

enter a plea of admission or denial and to appear therefore and at trial or hearing

as required, no answer or response from any respondent/defendant in any criminal,

juvenile CNC or Co or regulatory action or case shall be required, except to go

forward with an affirmative defense per L&0 307, or as otherwise required by law,

including discovery rules, nor shall any failure to answer or respond he used

against such a respondent/defendant; provided, however, such respondent/defendant

shall not be prohibited from filing or otherwise answering or responding, which

motion or other answer/response:or-shall be per applicable law.

ABHOTATIONS

uRCP S (a) (1)(41) (Amendment); Cf. LAJP 24, DRC 1-315 and DRC 1-414

LRCP 9

Order to Show Cause, Pleading, Filing and Amendment. Any order to show cause shall

be plead, filed and proceed per the LRPOSG and may be amended per LRCP 38 {c) a

thereafter per LRCP (a) (1) (ii) or LRCP 6 (a) (3) or otherwise, at any time per

LRCP 28 (j]). No order to show cause shall be requested as a provisional remedy. In

general civil actions per LRCP 32 (a) Process to enforce a judgment for the payment

of money directly to a party shall not be by OSC, unless the Court orders otherwise.

AHHOTATIONS

LACP 2 (4B8)(O8SC is alno Suemons); LACP 25 (Service of OSC); L&O 107: Lea 108 (G) (Amendment); Saqe LRCP 12 (Domaatic

Reagtraining Order OSC). Dut Sea LRPOSC 2 (Esceptiona YUbere O8C for Paymagnt of Money Allowad)

LRCP 10

(a)(1) Notice of Trial or Hearing, Pleading. Any notice of a trial

or hearing shall be per LRCP 2 (46). Any substantially completed

or amended notice of trial or hearing is deemed to satisfy the

requirements of Tribal law, including but not limited to L&O 108

(e).

(2) Notice of Trial or Hearing, Amendment. Any notice of trial or

hearing may be amended or supplemented by the parties or by the

Court, LRCP § (a) (1) (ii) or LRCP 6 (a) (3) or otherwise at any

time per LRCP 28 (j).

(b) Notice of Trial or Hearing, Filing, When Required. A written

notice of trial or hearing may be completed and filed by a party

per LRCP 10 (a)(1) except it shall contain a blank time and date

to be completed by the Clerk. The completed notice shall be

served by the party seeking the trial or hearing date, except the

Court, upon its own motion or motion of a party made at a trial or

hearing in that action or case, may set and serve by notice given

in Court or other service, a trial or hearing date, or as the

Court may order otherwise.

ARBOTASIONS

L460 3068 (D) (Amendaant); L&aG 168; LRCP 2 (44) ("Rotica’}); LRCP 2 (46) (Usittan Kotice) LRCP 2

(48) (°Rotdce of Trial or Hearing"); LROP 25 (Sarvice of Notice of Trial of Wearing)

LEGP 11

Answer or Response to Order to Show Cause, Notice of Trial or

Hearing, Pleading, Filing, When Required. Whenever a notice of

trial or hearing has been issued and served on a

defendant/respondent, that defendant/respondent is not required,

unless otherwise ordered by the Court, or otherwise pursuant to

applicable law, to file with the Court or to serve on the party

initiating the trial setting or hearing, any written answer, reply

or other response thereto; however, a timely served

defendant/respondent is required to appear and defend at such

trial or hearing.

ABROPATIONS

LRCP 8; L&G 202 (D); URCP S (a)(1)(14) (Amendasnt}

(2) Domestic Restraining Order, Pleading. There are two (2) types of

domestic restraining orders:

(1) Preliminary Injunctions, as set forth in this Rule, and that

arise at the commencement of a proceeding for dissolution of marriage or

legal separation or maintenance or support in such actions. Application

therefor shall be accompanied by an affidavit per DRC 202-5, and may

request any of the relief permitted therein, such as, restraining the

parties from molesting or disturbing the peace of each other, or of any

child, from transferring or removing property from the Reservation, from

removing a child from the Reservation, -or for excluding a party from the

family home or the other's residence or work, or restraining other

similar conduct. Upon receipt of the affidavit, the judge assigned, or

if unavailable, another judge, shall review it, and if sufficient, issue

a preliminary injunction, which the Tribal Police per LRCP 22 (a) shall

serve personally, or by personal service on the attorney of any party,

and the Preliminary Injunction shall remain in effect until a final

decree or dismissal is entered, unless the party against whom it is

directed moves the Court to modify or quash it per DRC 2-205 (E).

(2) Domestic Temporary Restraining Orders, as set forth in this

Rule and per LRCP 31 (a) -- Which are NOT civil TROs per LRCP 15, LRCP

31 (b) and TRCP 65 -- and arise as independent actions, not out of a

pending proceeding for dissolution or legal separation, and are

essentially for the same purposes as preliminary injunctions, and

likewise shall be accompanied by a similar affidavit. Upon receipt of

the affidavit, the judge assigned, or if unavailable, any judge, shall

review it, and if sufficient, issue a temporary restraining order, which

the Tribal Police shall serve personally, or by personal service on the

attorney of any party. The temporary restraining order shall be issued

with an order to the party against whom it is directed to appear and

show cause why the ordered relief should not have been granted. The

temporary restraining order shall be vacated, unless the party on whose

behalf it was issued shows by a preponderance of the evidence why it

should be continued for up to Six (6) months duration, unless the Court

orders a longer period.

(b) Domestic Restraining Order, Filing, When Required. A domestic

restraining order is issued by the Court only upon the filing of a

sufficient affidavit with the Court. Note in criminal cases involving

victims, the Court automatically issues a standard release condition

order that restrains the criminal defendant from substantially the same

conduct as most temporary restraining orders, and which release order

can provide cause for immediate arrest by the Tribal Police for criminal

contempt per L&O 341 for any violation thereof.

Restraining Order process to the Tribal Police for service. The Tribal

Police serve only Domestic Restraining orders and attachments thereto

and do not provide free service of other process simply because a

Domestic Restraining Order has been issued.

ANHOTATLONS

ne Clark of Court hao forss available to agsist parties. tn applying for Domestic Reetraining Ordere.

PORNS: LRCP 312 (A){(1)(°Preliainary Injunetion’"), p. 233=235; LROP 12 (a)(2)(“Restraining Order”), p.

203-205.

LRCP 13

(a) Fully Stipulated, Pleading. There are two types of agreement,

stipulation, or consent between parties and/or any attorney:

(1) The first is to commence and at the same time enter a

final order, judgment or sentence. Only the following actions or

cases may be both commenced and judgment entered at the same time

by stipulation: any Order or Judgment for the Establishment of

Paternity, or Establishment of Child Support, or the Assignment of

Child Support, or for Emancipation, ‘ or as particularly found to

be appropriate by the assigned judge. Such pleading shall express

all relief to be ordered by the Court and contain the duly

notarized Signatures of all parties requesting same, and shall

contain the fitle "FULLY STIPULATED" followed by the relief

requested.

(2) The second is for any other purpose, including but not

limited to, stipulate to any particular fact or issue in any

pending action or case, to modify any order, judgment or sentence,

to enter any final order, judgment, or sentence in an already

commenced action or case. Any agreement, stipulation or consent

between parties or any attorney herein may occur, but shall not

cofitain the word "FULLY" in the title and may be approved by the

Judge, unless illegal or contrary to the interests of justice. In

addition, a continuance may be moved for by one party and shall be

granted by the Judge if it contains the correct statement that the

opposing party or attorney has beep contacted and does not oppose

the continuance or other matter.

(b) Fully Stipulated, Filing, When Required. No agreement,

Stipulation or consent, between parties or any attorney in any

matter is binding if disputed, unless it is in writing, or made

orally in open court, or recorded, or entered in a minute order.

ABROTATIONS

Aecaptenca of Sarvice and Baiver of Appearance for Dagaulit Porm p. 20 {Hot in Domaatic

Relations) and p. 232 (Domacric Relationa); LRCP 28 (kh) Hot4dce of Lawauit and Yaiver of

Summeans and Courte Fors (Save Coats of Services but Not for Daegault), p. 325+329.,

‘ Other actions and cases, in which Fully Stipulated pleadings and judgments

per LRCP 13 (a)(1) may not be filed, may, of course, be served by waiver of

process and proceed by default under TRCP 55.

° Sufficient examples of titles are the following: "FULLY STIPULATED PETITION FOR ESTABLISHMENT OF PATERNITY”

or "FULLY STIPULATED PETITION FOR ESTABLISHMENT OF CHILD SUPPORT” or “FULLY STIPULATED PETITION FOR ASSIGNMENT OF

CHILD SUPPORT’, "FULLY STIPULATED PETITION FOR EMANCIPATION”.

° A sufficient examples are the following: "STIPULATED MODIFICATION OF CHILD SUPPORT ORDER {or} "STIPULATED

MODIFICATION OF JUDGHENT® or “STIPULATED YODIFICATION OF CIVIL JUDGHENT’.

LRGP 14

(a) Attorney General Notification, Pleading. All notifications

shail be in writing, state the name of the person or party doing

the notification, and shall identify the issue causing

notification, the actual and proper parties to the action or case,

and should briefly summarize the relevant facts.and procedural

posture of the case or action at the time of notification, and may

have attached, or refer to, pertinent Court records. Notification

Shall identify one or more of the following issues: "TRCP 24 (e)",

which are those in which the U.S. Attorney General would be

required to be notified or intervene under TRCP 24 (c) and

Title 28 U.S.C. § 2403; "“Intergovernmental Agreement" or

"Intergovernmental Relationship", which are those in which an

agreement or relationship of the Colorado River Indian Tribes with

any other government is substantially involved, including, but not

Limited to, Law Enforcement Agreements and Indian Child Welfare

Act cases; "Constitutional Interpretation", which are those in

which the Court is actually almost certain to decide the issues of

separation of powers, judicial review, or fundamental rights;

"Sovereignty Issue", which are those in which the sovereignty,

jurisdiction, or power, of the Tribes is likely to be materially

limited or affected by the possible outcome of the action or case.

(b} Attorney General Notification, Filing, When Required.

Notification herein is required by any party raising the issue(s)

causing notification within a short and reasonable time of so

raising it.

Attorney General has the right to intervene at any stage of any

action or case, and to petition the Court to review or reconsider

any order or judgment issued prior to intervention, where such

notification to the Attorney General has not been promptly made by

the party required to do so.

({d) Advice of Tribal Members on Traditional Customs and Usages and

Lawful Tradition and Policies of the Tribes. At any time, and in

any action or case, upon motion of the Attorney General, any

party, or sua sponte, and upon a finding of any doubt as to any

traditional customs and usages or lawful tradition and policies of

the Tribes, the Court may convene a panel of Fifteen (15) to

Thirty (30) Tribal-member elders, who the Court, in its sole and

unfettered discretion, determines are familiar with customs and

usages, to advise the Court thereon, and who shall decide by

either the eldest or majority opinion, whichever is more

appropriate under the particular facts of the case.

ANNOTATIONS

LRGP 2 (16): L&6 130 (a) (Advice of Tribal Hembera in Civil Caseo); L&O 312 (Establishing

O4@Zering Standarde and Lawful Tradition and Policies af tha Tribes in Criminal Capea}

(a) Motion for Provisional Remedy, Pleading. As defined in LRCP 2 (52),

every provisional remedy shall be plead as follows:

(1) When anclllary to a pending action or case out of which it arises -- a

provisional remedy is not available as an independent action,

(2) By filing a notice of hearing, per jRCP 10, an@ motion, entitled the same

as, or Similar to, the examples below,

(3) For one or more of the remedies set forth in LECP 31 (b},

(4) Accompanied by either one or more separate affidavit(s), or

by incorporation in the motion of a verified complaint, application or

petition, that sets forth specific facts from which it clearly appears that

immediate and irreparable injury, loss or damage will result to

the applicant if not granted, as requested, and, including such further

affidavit, bonds or other supporting documents, if any, as may be warranted t

the particular relief sought, ° and

(5) Set for an expedited hearing per Insert B by the Clerk at the time of

filing the notice of hearing, motion and accompanying affidavit(s), bonds or