FOREST COUNTY POTAWATOMI COMMUNITY

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TRIBAL COURT

RULES OF EVIDENCE

TABLE OF CONTENTS

ARTICLE I. GENERAL PROVISIONS

Rule 101, Scope

Rule 102: Purpose and Construction

Rule 103, Ruling on Evidence

Rule 104. Preliminary Questions

Rule 105. Judicial Notice of Adjudicative Facts

Rule 106. Remainder of or Related Writings or Recorded Statements

ARTICLE I! JUDICIAL NOTICE

Rule 201, Judicial Notice of Adjudicative Fact

ARTICLE IT PRESUMPTIONS IN CIVIL ACTIONS AND

PROCEEDINGS

Rule 301. Presumption in General Civil Actions and Proceedings

ARTICLE IV. RELEVANCY AND ITS LIMITS

Rule 401. Definition of "Relevant Evidence"

Rule 402. Relevant Evidence Generally Admissible: Irrelevant Evidence Inadmissible

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

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

Rule 405. Methods of Proving Character

Rule 406. Habit: Routine Practice

Rule 407. Subsequent Remedial Measures

Ride 408. Compromise and Offers to Compromise

Rule 409, Payment of Medical and Similar Expenses

Rule 410. Inadmissibility of Pleas, Plea Discussions and Related Statements

Rule 411. Liability Insurance

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

Predisposition

Rule 413. Evidence of Similar Crimes in Sexual Assault Cases

Rule 414. Evidence of Similar Crimes in Child Molestation Cases

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

ARTICLE V. WITNESSES

Rule 501 General Rule of Competency

Rule 502 Lack of Personal Knowledge

Rule 503 Oath or Affirmation

Rule 504 Interpreters

Rule 505 Competency of Judge as Witness

Rule 506 Competency of Juror as Witness

Rule 507 Who May Impeach

Rule 508 Evidence of Character and Conduct of Witness

Rule 509 Impeachment by Evidence of Conviction of Crime

Rule 510 Religious Beliefs or Opinions

Rule 511 Mode and Order of Interrogation and Presentation

Rule 512 Writing Used to Refresh Memory

Rule 513 Prior Statements of Witnesses

Rule 514 Calling and Interrogation of Witnesses by Court

Rule 515 Exclusion of Witnesses

ARTICLE VI. OPINIONS AND EXPERT TESTIMONY

Rule 601 Opinion Testimony by Lay Witnesses

Rule 602 Testimony by Experts

Rule 603 Bases of Opinion Testimony by Experts

Rule 604 Opinion on Ultimate Issue

Rule 605 Disclosure of Facts or Data Underlying Expert Opinion

Rule 606 Court Appointed Experts

ARTICLE VII. HEARSAY

Rule 701 Definitions

Rule 702 Hearsay

Rule 703 Hearsay Exceptions; Availability of Declarant Immaterial

Rule 704 Hearsay Exceptions: Declarant Unavailable

Rule 705 Hearsay Within Hearsay

Rule 706 Attacking and Supporting Credibility of Declarant

ARTICLE VIII AUTHENTICATION AND IDENTIFICATION

Rule 801 Requirement of Authentication or Identification

Rule 802 Self-authentication

Rule 803 Subscribing Witness' Testimony Unnecessary

ARTICLE IX. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS

Rule 901 Definitions

Rule 902 Requirement of Original

Rule 903 Admissibility of Duplicates

Rule 904 Admissibility of Other Evidence of Contents

Rule 905 Public Records

Rule 906 Summaries

Rule 907 Testimony or Written Admission of Party

Rule 908 Functions of Court and Jury

ARTICLE X. MISCELLANEOUS RULES

Rule 1001 Applicability of Rules

ARTICLE I. GENERAL PROVISIONS

Rule 101, Scope

These rules govern proceedings in the Forest County Potawatomi Community Tribal Court

Rule 102: Purpose and Construction

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

and delay, and promotion of growth and development of the law of evidence to the end that the truth may

be ascertained and proceedings justly determined

Rule 103, Ruling 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) Offer of proof. \n 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 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.

Injury cases, proceedings shall be conducted, to the extent 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 determination 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.

Hearings all the admissibility of confessions shall in all cases be conducted out of the hearing of the jury.

Hearings all other preliminary matters shill be so conducted when the interests of justice require, or when

an accused is a witness and so requests.

(d) 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.

(e) Weight and credibility.

ms rule does not limit the right of a party to introduce before the jury evidence relevant to weight or

credibility.

Rule 105. Judicial Notice of Adjudicative Facts

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 of 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.

ARTICLE IT JUDICIAL NOTICE

Rule 201. Judicial Notice of Adjudicative Fact

(a) Scope of rule

This rule governs only judicial notice of adjudicative facts.

(b) Kinds of facts

A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally

known within the territorial jurisdiction of the trial court or(2) capable of accurate and ready

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

A court may take judicial notice, whether requested or not.

(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 bas been taken.

(f) Time of taking notice

Judicial notice may be taken at any stage of the proceeding.

(g) Instructing jury.

In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact

judicially noticed. 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.

ARTICLE III PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS

Rule 301, Presumption in General Civil Actions and Proceedings

In all civil actions and proceedings not provided for by these rules, a presumption imposes on the party

against whom it is directed the burden of going forward with evidence to rebut or meet the presumption,

but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which

remains throughout the trial upon the party on whom it was originally cast.

ARTICLE IV. 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 these rules. 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 considerations 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 a 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; or evidence of a character trait of peacefulness of the

victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first

aggressor;

(3) Character of witness. Evidence of the character of a witness, as provided in rules 507, 508 and 509.

(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 as proof of

motive, opportunity, intent, preparation, plan, knowledge, identify, 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 pretrial 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 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 an essential element of a charge, claim, or

defense, proof may also be made of specific instances of that person's conduct

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 injury or harm allegedly caused by an event, measures are taken that if previously, would

have made the injury or harm less likely to occur, evidence of the subsequent measures is not admissible

to prove negligence, culpable conduct, a defect in a product, a defect in a product's design, or a need for a

warning or instruction. 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

Ride 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 for or invalidity of the claim of

its amount Evidence of conduct or statements made in compromise negotiations 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,

negativing 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, Inadmissibility of Pleas, Plea Discussions and Related Statements

Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal

proceeding, admissible against the defendant who made the plea or was a participant in the plea

discussions:

(1) a plea of guilty which was later withdrawn;

(2) a plea of nolo contendere; or

(3) any statement made in the course of plea discussions with an attorney for the prosecuting authority

which do not result in plea of guilty or which result in plea of guilty later withdrawn.

However, such a statement is admissible (i) 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 (ii) in 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 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 predisposition.

(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; and

(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 if 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 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 must conduct a hearing in camera and afford

the victim and parties a right to attend and be heard. The motion, related papers, and the record of the

hearing must be sealed and remain under seal unless the court orders otherwise.

Rule 413. Evidence of 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

defendants 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 prosecution intends to offer evidence under this rule, the attorney for the

prosecution 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.

(e) This rule shall not be construed to limit the admission or consideration of evidence under any other

rule.

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

(1) contact, without consent; between any part of the defendant's body or an object and the genitals or

anus of another person;

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

another person's body;

(3) deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on

another person; or

(4) an attempt or conspiracy to engage in conduct described in paragraphs (1)-(3).

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 all any matter to which it is relevant.

(b) In a case in which the prosecution intends to offer evidence under this rule, the attorney for the

prosecution shall disclose the evidence to the defendant, including statements of witnesses or 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.

rule.

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

of child molestation" means a crime that involved

(1) contact between any part of the defendant's body or an object and the genitals or anus of a child;

(2) contact between the genitals or anus of the defendant and any part of the body of a child;

(3) deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain

on a child; or

(4) an attempt or conspiracy to engage in conduct described in paragraphs (1)(3).

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

(a) In a civil case in which 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 413and 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.

rule.

ARTICLE V. WITNESSES

Rule 501 General Rule of Competency

Every person is competent to be a witness except as otherwise provided in these rules.

Rule 502 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 603, relating to

opinion testimony by expert witnesses.

Rule 503 Oath or Affirmation

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

or affirmation administered in a form calculated to awaken the witness' conscience and impress the

witness' mind with the duty to do so.

Rule 504 Interpreters

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

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

Rule 505 Competency of Judge as Witness

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.

Rule 506 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, 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 jurors mind or emotions as influencing the juror to assent to or dissent from the verdict or

indictment or concerning the jurors 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 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 507 Who May Impeach

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

Rule 508 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 509, 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 on cross-examination 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 bas testified.

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 509 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 death or imprisonment in excess of one year 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 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 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.

Evidence or a conviction 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.

(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 510 Religious Beliefs or Opinions

Evidence of the beliefs 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 511 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 interrogating 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 examination.

Leading questions should not be used on the direct examination of 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 512 Writing Used to Refresh Memory

If a witness uses a writing to refresh memory for the purpose of testifying, either--

(1) While testifying, or

(2) Before testifying, if the court in its discretion determines it is necessary in the interests of justice,

an adverse party is entitled to have the writing produced at the hearing, to inspect it to cross-examine the

witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness.

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. If a writing 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 513 Prior Statements of Witnesses

(a) Examining witness, concerning prior statement.

In examining a witness concerning a prior statement made by the witness, whether written or not, the

statement need not be shown nor its contents disclosed to the witness 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 701(d) (2).

Rule 514 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 witness thus called.

(b) Interrogation by court.

The court may interrogate witnesses, whether called by itself or by a party.

Objections to the calling of witnesses by the court or to interrogation by it may be made at the time or at

the next available opportunity when the jury is not present.

Rule 515 Exclusion of Witnesses

At the request of a party the court, shall order witnesses excluded so that they cannot hear the testimony

of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of

(I) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person

designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be

essential to the presentation of the party’s cause.

ARTICLE VI. OPINIONS AND EXPERT TESTIMONY

Rule 601 Opinion Testimony by Lay Witnesses

If the witness is not testifying as an expert, the witness testimony in the form of opinion, or inferences is

limited to those opinions or inferences which are (a) rationally based on the perception of the witness

and (b) helpful to a clean understanding of the witness! testimony or the determination of a fact in issue.

Rule 602 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 603 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 604 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.

Rule 605 Disclosure of Facts 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 606 Court Appointed Experts

(a) Appointment

The court may on its own motion or on the motion of any party enter an order to show cause why expert

witnesses should not be appointed, and may request the parties to submit nominations. The court may

appoint any expert witnesses agreed upon by the parties, and may appoint expert witnesses of its own

selection. An expert witness shall not be appointed by the court unless the witness consents to act. A

witness so appointed shall be informed of the witness' duties by the court in writing, a copy of which shall

be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. A

witness so appointed shall advise the parties of the witness findings, if any; the witness deposition may be

taken by any party; and the witness may be called to testify by the court or any party. The witness shall be

subject to cross-examination by each party, including a party calling the witness.

(b) Compensation.

Expert witnesses so appointed are entitled to reasonable compensation in whatever sum the court may

allow.

In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court

appointed the expert witness.

(d) Parties' experts of own selection.

Nothing in this rule limits the parties in calling expert witnesses of their own selection.

ARTICLE VII. HEARSAY

Rule 701 Definitions

The following definitions apply under Ihis 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.

"Hearsay" is a statement, other than one made by the declarant while testifying 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..,

(I) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to crossexamination 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 motive, or

(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

(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 coconspirator of a party during in furtherance of the conspiracy

The contents of the statement shall be considered but are not alone sufficient to establish the declarant|s

authority under subdivision (C), the agency or employment relationship and scope thereof under

subdivision (D), or the existence of the conspiracy and the participation therein of the declarant and the

party against whom the statement is offered under subdivision (E)

Rule 702 Hearsay

Hearsay is not admissible except as provided by these rules

Rule 703 Hearsay Exceptions; Availability of Declarant Immaterial

The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

(1) 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.

(2) 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.

(3) Then existing mental, emotional, or physical condition. A statement of the declarant’s 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.

(4) 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.

(5) Recorded recollection. A memorandum or record concerning a matter about which a witness once

had knowledge but now bas 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 read into evidence

but may not itself be received as an exhibit unless offered by an adverse party.

(6) 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.

(7) Absence of entry in record a kept in accordance with the provisions of paragraph (6).

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 (6), 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 circumstance or

indicate lack of trustworthiness.

(8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public

offices or agencies setting forth. (A) the activities of the office or agency. or (B) 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 (C) in civil

actions and proceedings and against the prosecution 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.

(9) 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.

(10) Absence of public record or entry. To prove the absence of a record, report, statement, or data

compilation, in tiny form, or the nonoccurrence or nonexistence of a matter of which a 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 802, or testimony, that diligent

search failed to disclose the record, report, statement, or data compilation, or entry.

(11) Records of religious organizations. Statements of births, marriages, divorces, deaths, legitimacy,

ancestry, relationship by blood or marriages, or other similar facts of personal or family history, contained

in a regularly kept record of a religious organization.

(12) 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.

(13) 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.

(14) 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.

(15) Statements in documents affecting an interest in property. A statement contained in a document

purporting to establish or meet 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.

(16) Statements in ancient documents. Statements in a document in existence twenty years or more the

authenticity of which is established.

(17) 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.

(18) Learned treatises. To the extent called to the attention of an expert witness upon cross-examination

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 but may not be received as exhibits.

(19) Reputation concerning personal or family history. Reputation among members of persons 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.

(20) 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 in which located.

(21) Reputation as to character. Reputation of person's character among associates or in the community.

(22) 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 punishable by

death or imprisonment in excess of one year, to prove any fact essential to sustain the judgment, but not

including, when offered by the prosecution in a criminal matter for purposes other than impeachment,

judgments against persons other than the accused. The pendency of an appeal may be shown but does not

affect admissibility.

(23) 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.

Rule 704 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; or

(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

preventing the witness from attending or testifying.

(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

declarants 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 personal 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 Rule 703 or 704 but having equivalent

circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, 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; end (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

the statement and the particulars of it, including the name and address of the declarant

Rule 705 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 706 Attacking and Supporting Credibility of Declarant

When a hearsay statement, or a statement defined in Rule 702 (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.

ARTICLE VIII AUTHENTICATION AND IDENTIFICATION

Rule 801 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.

(5) Voice identification. \dentification 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 self-identification, 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 compilation. 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 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.

Rule 802 Self-authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to

the following.

(1) 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 or 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 (1), (2), or (3) of this rule or complying

with any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority

(2) Official publications. Books, pamphlets, or other publications purporting to be issued by public

authority.

(3) Newspapers and periodicals. Printed materials purporting to be newspapers or periodicals.

(4) 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.

(5) Acknowledged documents. Documents accompanied by a certificate of acknowledgment executed in

the manner provided by law by a notary public or other officer authorized by law to take

acknowledgments.

(6) Commercial paper and related documents. Commercial paper, signatures thereon, and documents

relating thereto to the extent provided by general commercial law.

Rule 803. Subscribing Witness' Testimony Unnecessary

The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the

laws of the jurisdiction whose laws govern the validity of the writing.

ARTICLE IX. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS

Rule 901 Definitions

For purposes of this article the following definitions are applicable:

(1) Writings and recordings. “Writings” and “recordings” consist of letters, words, or numbers, or their

equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic

impulse, mechanical or electronic recording, or other form of data compilation.

(2) Photographs. "Photographs" Include still photographs, X-ray films, video tapes, and motion pictures.

(3) Original. An "original" of a writing or recording is the writing or recording itself or any 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”.

(4) 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.

Rule 902 Requirement of Original

To prove the content of writing, recording, or photograph, the original writing, recording, or photograph

is required, except as otherwise provided in these rules.

Rule 903 Admissibility of Duplicates

A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the

authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of

the original.

Rule 904 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

(1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or

destroyed them in bad faith; or

(2) Original not obtainable. No original can be obtained by any available judicial process or procedure;

(3) Original in possession of opponent. At a time when an original was under the control of the party

against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would

be a subject of proof at the hearing, and that party does not produce the original at the hearing; or

(4) Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue.

Rule 905 Public Records

The contents of an official record, or of document authorized to be recorded or filed and actually recorded

or filed, including data compilations in any form, if otherwise admissible, may be proved by copy,

certified as correct in accordance with Rule 802 or testified to be correct by a witness who has compared

it with the original. If copy which complies with the foregoing cannot be obtained by the exercise of

reasonable diligence, then other evidence of the contents may be given.

Rule 906 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 907 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 908 Functions of Court and Jury

When the admissibility of other evidence of contents of writing, 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, or (c) whether other evidence of contents

correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of

fact.

ARTICLE X. MISCELLANEOUS RULES

Rule 1001 Applicability of Rules

(a) Courts and judges.

These rules apply to the Tribal Court of the Forest County Potawatomi Community.

(b) Proceedings generally.

These rules apply generally to civil actions and proceedings, to criminal cases and proceedings, and to

contempt proceedings except those in which the court may act summarily.

The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.

(d) Rules inapplicable.

The rules (other than 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 when the issue is to be determined by the court under Rule 104.

(2) Miscellaneous proceedings. Proceedings for extradition or rendition; preliminary examinations in

criminal cases; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal

summonses, and search warrants; and proceedings with respect to release on bail or otherwise.

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.