CHAPTER 1: GENERAL PROVISIONS (2008)

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CHAPTER 1: GENERAL PROVISIONS

RULE 1 TITLE, EFFECTIVE DATE

These rules shall be known and cited as the Rules of the Hoopa Valley Tribal

Court. These rules shall take effect on SEPTEMBER 8, 1998. They govern all

proceedings in actions brought after they take effect and also all further

proceedings in actions then pending, except to the extent that in the opinion

of the Court their application in a particular action pending when the

amended rules take effect would not be feasible or would work injustice, in

which the former procedure applies.

RULE 2 APPLICABILITY

These rules are applicable to all proceedings relating to the Constitution and

Bylaws of the Hoopa Valley Tribe; Law and Order Code of the Hoopa Valley

Tribe; other statutes, motions, and resolutions passed by the Hoopa Valley

Tribal Council; policies, procedures and actions taken by tribal entities; and

the common law and the traditional law of the Hoopa Valley Tribe.

[See Tribal case law for precedent. FRCP 81 may be looked to, and cases

pertaining to this rule may be cited to as persuasive argument]

RULE 3 GOVERNING PRINCIPLES

These Rules of Court are intended to provide for the just determination of

every proceeding and shall be construed to secure simplicity in procedure,

fairness in administration, and the elimination of unjustifiable expense or

delay. They shall be interpreted so as to be consistent with other provisions

of Tribal. law.

RULE 4 SCOPE OF RULES

These Rules govern the administration and procedures of the Hoopa Valley

Tribal Court. The Rules are subject to change by the Court with notice, but

such changes cannot be interpreted so as to prejudice the rights of parties in

pending cases. This Title is a part of the Hoopa Valley Tribal Code and copies

shall be maintained therein. Copies of these Rules shall be kept in the office

of the Clerk of the Court. Any person intending to file an action in Tribal

Court may request a copy of the Rules of Court during normal business

hours. The Court reserves the right to impose reasonable charges for

providing such copies.

RULE 5 LOCATION OF COURT

(a) The Clerk's office is located at :

Hoopa Valley Tribal Court

Tribal Court Building

Hoopa Shopping Center

Hoopa, California, 95546

(b) Court sessions are held at:

Hoopa Valley Tribal Court

Tribal Court Building

Hoopa Shopping Center

Hoopa, California, 95546

Or at such other place in Hoopa as may be determined by the Court.

Friday, and closed on all Tribal Holidays.

CHAPTER 2: COURT ADMINISTRATION

RULE 6 TRIBAL COURT CLERK

(a) Designation and Supervision

A Court Clerk shall be appointed by the Chief Judge to work under the

supervision of the Chief Judge. The Clerk before assuming his or her duties

must be bonded at Tribal expense in an amount determined by the Tribal

Council. The Clerk shall be responsible for the following:

(1) Books and Records Kept By the Clerk and Entries Therein.

The Clerk shall keep a book known as a "civil docket" and shall enter therein

each civil action to which these rules are made applicable. Actions shall be

assigned consecutive file numbers. The file number of each action shall be

noted on the folio of the docket whereon the first entry of the action is made.

All papers filed with the Clerk, all process issued and returns made thereon,

all appearances, orders, verdicts, and judgments shall be entered

chronologically in the civil docket on the folio assigned to the action and shall

be marked with its file number. These entries shall be brief but shall show

the nature of each paper filed or writ issued and the substance of each order

or judgment of the court and of the returns showing execution of process.

The entry of an order or judgment shall show the date the entry is made.

When in an action trial by jury has been ordered the Clerk shall enter the'

"jury" on the folio assigned to that action. The recordkeeping requirement of

this rule can be satisfied by the clerk's use of case management software.

(2) Dismissal Calendar.

The Clerk will maintain a dismissal or status conference calendar. Unless the

Chief Judge otherwise orders, semiannually each year the Clerk shall set an

order to show cause hearing as to whether a case should be dismissed for

lack of prosecution in of all civil cases which have been pending for more

than six months and in which the plaintiff has failed to take action for six .

months. In the discretion of the Judge, civil cases may be added to or

deleted from the call of cases on the dismissal calendar. This Rule does not

impair the right of a party to move for dismissal under the provisions of

Rules 35 or 38.

(4) Indices.

The clerk shall keep an index of the civil docket and an index of every civil

judgment and order referred to in subdivision (3) of this rule.

(5) Notice of Hearings

The clerk shall send out notices of the next court date and time to all parties

at the last known address listed in the case file. The notice of hearing shall

include all of the following: the date of the court hearing, the time of the

court hearing, and the type of hearing.

(6) Other Duties:

Other duties include, but are not limited to, receiving and maintaining

documents filed with the Court, issuing notices and summons to appear,

recording hearings, marking evidence, maintaining the Court calendar,

mailing Court decisions, and clerical support. The Court Clerk shall maintain a

record of all proceedings before the Court, administer the oaths to witnesses,

and perform such other duties as the Chief Judge may designate.

(A) Filing of Documents

The court clerk cannot refuse to accept a document for filing merely because

the time to respond has expired. Whenever a document is filed late

according to statutory or court ordered timelines, the clerk shall make a

notation of the late filing on the document.

(B) Copy Charge

The court clerk shall charge a fee for any documents copied by court staff.

Copies shall be free of charge for Petitioners in domestic violence protection

order cases.

(b) Prohibition on Providing Legal Advice.

The Clerk shall answer questions on Court procedure, but shall not provide

legal advice.

Before taking office the Court Clerk shall take the following oath:

"I,

, do solemnly swear:

1) I shall uphold the Law and order Code of the Hoopa Valley Tribe to the

best of my ability;

2) I shall perform the Clerk's duties faithfully and honestly;

3) I shall not let personal views and relationships affect the performance of

the Clerk's duties;

4) I shall not attempt to influence the course of any Court proceedings;

5) I shall not reveal any confidential matters which I learn in the course of

official duties."

"Subscribed and sworn to before me this

day of

, 20_,"

Tribal Court Judge

RULE 7 DROP BOX FOR FILING DOCUMENTS

(a) Use of drop box

Whenever a clerk's office filing counter is closed at any time between 8:00

a.m. and 5:00 p.m. on a court day, the court must provide a drop box for

depositing documents to be filed with the clerk. A court may provide a drop

box during other times.

Cb) Documents deemed filed on day of deposit

Any document deposited in a court's drop box up to and including 5 :00 p.m.

on a court day is deemed to have been deposited for filing on that day. A

court may provide for same-day filing of a document deposited in its drop

box after 5:00 p.m. on a court day. If so, the court must give notice of the

deadline for same-day filing of a document deposited in its drop box.

Cc) Documents Deemed Filed on Next Court Day

Any document deposited in a court's drop box is deemed to have been

deposited for filing on the next court day if:

(1) It is deposited on a court day after 5:00 p.m. or after the deadline for

same-day filing if a court provides for a later time; or

(2) It is deposited on a judicial holiday.

Cd) Date and Time Documents Deposited

A court must have a means of determining whether a document was

deposited in the drop box by 5:00 p.m., or after the deadline for same-day

filing if a court provides for a later time, on a court day.

RULE 8 COURT RECORDS

Ca) Record Keeping Requirements

The Tribal Court shall keep for its own information, and for inspection by duly

authorized and qualified officials, a record of all proceedings of the Court.

This record shall include the title of the case; the names of the parties; the

substance of the complaint; the names and addresses of all witnesses; the

date of the hearing or trial; the name of the trial or hearing judge; the

findings of the court or jury; and the judgment, together with any other facts

or circumstances deemed of importance to the case. These court records

shall be securely kept in the Court Clerk's Office. Unless the case is a

confidential juvenile matter, or sealed by court order, all records of the tribal

court are public records and open to inspection by anyone. Confidential

juvenile records and sealed records shall be open to inspection only by order

of the Hoopa Valley Tribal Court.

(b) Removal of Papers

Only the clerk may remove and replace papers in the court's files. Unless

otherwise ordered by the court, filed papers may only be inspected by the

public in the office of the clerk and released to a court officer or attache for

use in a court facility. No original papers filed with the clerk may be used in

any location other than a court facility, unless so ordered by the Chief Judge.

The clerk must not release any exhibit except on order of the court. The clerk

must require a signed receipt for a released exhibit.

Cd) Publication of Decisions

The Chief Judge shall designate decisions of the Court and the Court of

Appeals to be published in the Hoopa Valley Tribal Court Reporter.

RULE 9 PUBLIC ACCESS TO CASE LAW AND CODES

Ca) Copies of Law.

The Tribal Court shall maintain current copies of the Constitution and By

Laws of the Hoopa Valley Tribe, the Tribal Code, all pertinent resolution,

ordinances, or enactments of the Tribal Council, Title 2S of the Code of

Federal regulations, and such regulations as may be applicable to the

conduct of the business of the Court.

Cb) Court Library.

A complete Indian Law Library will be of high priority of the Tribal Court. This

library shall include all law described under subdivision (a), as well as any

other relevant Tribal or Federal material reasonably available to the Court.

The Court Library shall be open to any tribal member, party to a case, or

Tribal bar member, however the needs of the Tribal Court take precedence

over all others use of the material. No materials can be taken from the Tribal

Court office without prior approval. Each item must be signed out by an

authorized court employee who shall assign a return date for the item. The

Court shall set a fine schedule for overdue items, and may require the

delinquent user to pay the current replacement cost for any item more than

30 days overdue.

CHAPTER 3: TRIBAL BAR

RULE 10 TRIBAL BAR ADMISSION

(a) Requirement of Bar Membership

Any person who does any of the following within the exterior boundaries of

the Hoopa Valley Reservation, must be a member of the Tribal Bar:

(1) offers legal analysis to another;

(2) offers legal advice to another;

(3) represents another in a court proceeding.

(b) Types of Membership

A person may be admitted to the Hoopa Valley Tribal Bar either as an

attorney or a spokesperson.

(1) Attorney Members

Anyone licensed to practice law in any of the fifty states shall be admitted as

an attorney to the Hoopa Valley Tribal Bar, provided s/he has sat)sfied the

admission requirements.

(2) Spokesperson members

Anyone who is not licensed to practice law in any of the fifty states shall be

admitted to the bar as a spokesperson, provided s/he has satisfied the

admission requirements.

The court administrator shall verify the eligibility of bar member applicants

and issue bar cards to all applicants who meet the requirements set out in

this rule.

RULE 11 RIGHT TO LEGAL REPRESENTATION

Any person appearing in Tribal Court has the right to be represented by a

spokesperson or attorney at his or her own expense, provided that the legal

representative has been admitted to the Tribal Court Bar.

RULE 12 PERSONS PROHIBITED FROM REPRESENTING OTHERS

Members of the Tribal Council, employees of the Tribal Court, and of the

Tribal Police are prohibited from performing any of the tribal bar member

duties for another, but may represent themselves in their own cases. This

prohibition does not prevent a Tribal Police officer from acting as a

presenting officer as authorized by statute.

RULE 13 ADMISSION REQUIREMENTS

(a) Age and Character

(1) All Tribal Bar Applicants

To be eligible for admission to the Tribal Court Bar, a person must meet all of

the following requirements:

(A) be at least eighteen years of age;

(B) must not have been convicted of a felony; and

turpitude

(2) Attorney Applicants

In addition to the requirements listed in subsection (1), any attorney

applying for tribal bar membership must currently be in good standing in all

jurisdictions to which s/he is admitted to practice law, and have no serious

disciplinary record.

(b) Procedural Reauirements

To be admitted to the Tribal Court Bar, a person must apply for Bar

membership, pass a Tribal Bar examination, pay annual bar dues, and sign

the Tribal Bar Member Qath.

(1) Bar Exam

The Bar Exam fee is $50.00, to be paid prior to the clerk providing a copy of

the exam. The exam is a take home test, and the applicant may refer to

Hoopa Valley Tribal statutes while taking the exam.

(2) Bar Dues

Bar dues are $50.00 annually. Billing will occur in the preceding December,

to be paid by the following January 31. There will be only one billing per

year. Failure to pay the bar dues by the due date shall result in removal from

the Tribal Court Bar. If a bar member is removed from the bar for

nonpayment of dues, the former member must re-take the tribal bar exam

and pay the annual dues in full prior to re-admission.

(3) Hoopa Valley Tribal Bar Oath.

The following oath must be sworn by all persons seeking membership in the

Hoopa Valley Tribal Bar,

"HOOPA TRIBAL BAR MEMBER'S OATH"

"I, (state your name) , do solemnly swear that:

1. I have read, and am competent in my knowledge of, the Rules of Court;

2. I shall respect and obey the Constitution and Bylaws of the Hoopa Valley

Tribe in all respects;

3. I shall abide by the Rules established by the Hoopa Valley Tribal Court;

4. I shall, at all times, maintain the respect due the Hoopa Valley Tribal Court

and its officers;

5. I shall not counselor speak for any suit or proceedings which appear to

me to be unjust, or any defense except such as I believe to be honestly

debatable under the law of the Tribe;

6. I shall employ such means only as are consistent with truth and honor and

shall never seek to mislead a jUdge or jury by any false statement;

7. I shall abstain from all offensive conduct in the Hoopa Valley Tribal Court."

8. As a spokesperson or attorney, I shall attend all scheduled hearings on

behalf of the person or person's that I represent and shall be prepared to

represent their best interests at all times during all hearings. I understand

that failing to appear and failing to diligently carry out my duties as a

spokesperson or attorney are grounds for disbarment.

9. I shall comply with all orders of the court, and counsel my client or clients

to do the same.

"Subscribed and sworn to before me this

day of

, 20_,"

Judge or Clerk

RULE 14 TRIBAL COURT BAR ROSTER

The Clerk of the Tribal Court shall maintain a roster of all tribal bar members

admitted to practice before the Tribal Court, which shall be available to the

public. The Clerk shall also keep on file the signed oaths of all such persons

and the expiration date of each oath.

RULE 15 TRIBAL COURT BAR DISBARMENT

(a) Disbarment

Any tribal bar member who violates the Hoopa Valley Tribal Bar Member's

oath, or the Hoopa Valley Court Code of Ethics, or who fails to diligently or

competently represent the party that he represents, shall be subject to

disbarment. The wronged party or the trial judge shall prepare, in writing, a

complaint against the Tribal Bar Member, including the reasons for

disbarment. Within twenty (20) days of receipt of such complaint, the trial

judge shall hold a hearing at which time the spokesperson involved may

present witnesses and a defense of his/her actions.

Cb) Appeal.

(1) Denial of Admission to Tribal Bar

Any person denied admission to the Tribal Court Bar must be notified in

writing of the reasons for the denial of admission. Any person denied

admission to the Tribal Court Bar may file a written appeal with the Tribal

Court. The decision of the Tribal Court Judge is final, and there is no appeal.

(2) Appeal of Disciplinary Action

Any person subject to discipline, including disbarment, by the trial judge may

appeal the disciplinary action to the appellate court within 10 days of

receiving the written decision, if personally served with the decision, or

fift~en days if served with the decision by mail. The cost of appeal shall be

$150.00. The decision of a majority of the appellate panel shall be final.

CHAPTER 4: DUTY OF ALL PERSONS APPEARING BEFORE COURT

RULE 16 SERVICE AND FILING QF NOTICE OF CHANGE OF ADDRESS

A party or attorney whose address changes while an action is pending must

serve on all parties and file with the court a written notice of the change of

address.

RULE 17 DUTY TO READ AND COMpLY WITH TRIBAL CODES

Ca) Familiarity with Tribal Codes

All persons appearing before the court, whether representing themselves or

someone else, must familiarize themselves with the tribal codes; and any

other applicable law in order to competently present their case to the judge

or jury.

(b) Sanctions

All persons appearing before the court, whether representing themselves or

someone else, may be sanctioned for any of the following:

(1) Failure to Participate in Good Faith at a Pretrial Conference

If a party, or a party's legal representative, fails to obey a scheduling or pre

trial order; is substantially unprepared to participate in the conference; fails

to participate in good faith; or where no appearance is made on behalf of a

party; the court on its own motion or a motion of a party, may make such

orders as are just to address the non-compliant actions, including refusing to

allow the disobedient party to support or oppose designated claims or

defenses; prohibiting the disobedient party for introducing designated

matters into eVidence; striking out pleadings in whole or in part; staying

further proceedings until the order is obeyed; dismissing the action in whole

or in part; rendering a judgment by default against the disobedient party;

and/or, finding the disobedient party in contempt of court.

[See Tribal case law for precedent. FRCP 16 (f) may be looked to, and cases

pertaining to this rule may be cited as persuasive argument]

(2) Failure to Disclose; False or Misleading Disclosure.

A party, or their legal representative, who without substantial justice fails to

disclose information shall not, unless the failure is harmless, be permitted to

use at trial, at a hearing, or in a motion, any witness or information

previously not disclosed. In addition to, or in lieu of this sanction, the court,

on its own motion or·a motion of a party may require the non-disclosing

. party to pay reasonable expenses, including attorney's fees; and may inform

the jUry of the party's failure to make the disclosure.

(3) Refusal to Admit.

If a party, or their legal representative, fails to admit the genuineness of any

document or the truth of any matter, and if the party requesting the

admission thereafter proves the genuineness of the document or the trwth of

the matter, the court on its own motion or a motion of the requesting may

r~quire the non-admitting party pay reasonable expenses, including

attorney's fees incurred in making that proof, and may order any of the

sanctions available under subdivision (1) of this subsection. The court shall

order attorneys fees or other sanctions unless it finds that (A) the request

was held objectionable pursuant to Title 2, § 2.4.20, or (B) the admission

sought was of not substantial importance, or (C) the party failing to admit

had reasonable ground to believe that the party might prevail on the matter,

or (D) there was other good reason for the failure to admit.

(4) Failure to Participate in the Framing of a Discovery Plan; Discovery.

If a party or their legal representative fails to participate in good faith in

development and submission of a discovery plan pursuant to Title 2§ 2.4.08,

or fails to cooperate in discovery pursuant to Title 2, §§ 2.4.9 et seq., the

court may after opportunity for a hearing, require such party or their legal

representative to pay to any other party the reasonable expenses, including

attorney's fees, caused by the failure; and may impose any sanctions listed

under subdivision (1) of this subsection.

(5) Non-Compliance by Tribal Bar Member

If a failure to comply with an applicable rule is the responsibility of counsel

and not of the party, any penalty must be imposed on counsel and must not

adversely affect the party's cause of action or defense thereto.

(6) Notice and Procedure

Sanctions must not be imposed under this rule except on noticed motion by

the party seeking sanctions or on the court's own motion after the court has

provided notice and an opportunity to be heard. Any motion for sanctions

must: (1) state the applicable rule that has been violated, (2) describe the

specific conduct that is alleged to have violated the rule, and (3) identify the

attorney, law firm, party, witness, or other person against whom sanctions

are sought.

(7) Award of expenses

In addition to the sanctions awardable under subsection (b) of this rule, the

court may order the person who has violated an applicable rule to pay to the'

party aggrieved by the violation that party's reasonable expenses, including

reasonable attorney's fees and costs, incurred in connection with the motion

for sanctions or the order to show cause.

(8) Order

An order imposing sanctions must be in writing and must recite in detail the

conduct or circumstances justifying the order.

RULE 18 PROHIBITED EX PARTE COMMUNICATIONS

(a) Prohibition

Except as otherwise authorized by Hoopa Valley Tribal law, a party, or their

legal representative must not directly or indirectly communicate with, or

argue to, a judge upon the merits of a contested matter pending before such

judge or judicial officer, except:

(1) In open court; or

(2) With the written consent of all other parties in the matter; or

(3) In the presence of all other parties in the matter; or

(4) In writing with a copy furnished to the other parties in the matter.

(b) Contempt of Court

Parties who engage or attempt to engage in prohibited ex parte

communications with a judge are subject to the inherent judicial power of

contempt as set forth in Chapter 14 of this title.

Cd) Obligation of Court Staff to Screen for Ex Parte Contacts

Court staff shall screen telephone calls and visitors requesting to meet with a

judge, to determine jf the request is for ttie purpose of a prohibited ex parte

communication. Court staff shall refuse access to the judge if they believe it

likely that a prohibited ex parte communication will occur.

(e) Grounds for Disqualification

Any party who believes a judge has engaged in ex parte communications

with another party, and as a result of that communication has been biased as

to the substantive issues in the case, may move for disqualification of the

judge under subsections (2) and/or (3) of 1 HVTC § 1.2.09.

CHAPTER 5: PRELIMINARY PROVISIONS

RULE 19 SUBSTANTIVE LAW TO BE APPLIED

Cal Tribal Law; Federal Law.

The Court shall apply the laws of the Hoopa Valley Tribe in each case filed

with the Court unless the Court's jurisdiction over a matter is subject to

Federal law or is established by an intertribal agreement entered into

pursuant to Title I, § 1.2.15. Where jurisdiction is established by intertribal

agreement, the Court will apply the laws of the participating tribe.

Hoopa Valley Tribal case law shall be the contmlling precedent in all cases,

except for the following situations:

(1) The case is being decided under Hoopa Valley Tribal traditional law;

(2) the issue is subject to federal law or regulation; or

(3) an intertribal agreement exists which requires the application of another

jurisdiction's case law.

eb} precedent

Appellate decisions shall have precedent over the decisions of the trial court.

The Court shall look to prior judicial precedent consistent with this Rule in

deciding cases before it.

eel Applicability

In no situation shall any legislation or other act of the Tribal Council apply to

extinguish the substantive right of a 'party to have a previously filed case

decided in court.

RULE 20 FEES

(a) Filing

Unless waived by statute or by grant of a court fee waiver, any party filing

any document listed in the Hoopa Valley Tribal Court Fee Schedule, shall pay

the listed fee before the court clerk's office will accept the document for

filing.

(b) Services

The court may charge fees to compensate for the time spent by court staff

providing services to parties or completing necessary administrative tasks

such as the collection of fees, as well as to cover the costs of non-court

services provided by third parties. Any such fees shall be listed in the Hoopa

Valley Tribal Fee schedule.

RULE 21 CONTINUING JURISDICTION

The court has jurisdiction of the parties and control of all subsequent

proceedings from the time of service of the summons and a copy of the

petition. A general appearance of the defendant or respondent is equivalent

to personal service within this jurisdiction of the summons and a copy of the

petition upon him or her.

RULE 22 APPEARANCE

Ca) General Appearance

A party is deemed to have appeared in a proceeding when he or she makes a

general appearance.

Cb) Appearance by Filing

Except as provided in sUbsection (d) of this rule, a party is deemed to have

generally appeared in a proceeding when he or she files any of the following

documents with the court clerk:

(1) A petition or Complaint

(2) A response or answer;

(2) A notice of motion or motion;

(3) A written notice of his or her appearance.

A party is deemed to have made a general appearance whenever s/he

appears at a scheduled court hearing, other than those described in

subsection (d).

Cd) NQ Appearance

A respondent or defendant is not deemed to have appeared in a proceeding

when he or she only files or appears at a hearing to decide either of.the

following:

(1) A motion to dismiss for lack of subject matter jurisdiction; or

(2) A motion to dismiss for lack of personal jurisdiction.

Ce) Notice Reguired After Appearance

After appearance, the respondent or defendant or his or her attorney is

entitled to notice of all subsequent proceedings of which notice is required to

be given by these rules or in civil actions generally.

RULE 23 TELEPHONE APPEARANCE

Parties may appear by telephone at a hearing or conference with the

permission of the court. A Party must contact the court as soon as they are

aware of the need for a telephonic appearance, and confirm with the court

clerk whether a telephone appearance will be allowed in their case. .A party

must arrange with the clerk of the court for payment of any telephonic

appearance fees. The court may require the personal appearance of all

parties at any hearing or conference for which the court, in its discretion,

determines that a personal appearance would materially assist in a

determination of the proceeding or in resolution of the case.

RULE 24 COURT PROCEEDINGS: DEFINITIONS

Ca) Motion Hearings.

A motion hearing is a pretrial proceeding that takes place when a party has

asked the Court to order something to be done in connection with a pending

case. Hearings on motions are not automatic and shall be set only when oral

argument or resolution of evidentiary issues will be helpful to the court and

on the request of one of the parties or the Court's own motion. Motions must

be filed to request any action from the court. Typical motions include motions

to continue a court date; to set an order to show cause as to why the other

party should not be held in contempt of court for failing to comply with a

court order; to request a temporary court order; to modify a prior court

order; to request a court order requiring the other party to comply with a

discovery request; to request a summary judgment order from the court on a

matter of law in the absence of material disputed fact.

(b) Pre-Trial Conference Hearings.

Pre-trial conference hearings may be scheduled on a written request from

one of the parties, or on the Court's own initiative. The purpose of a

conference hearing is to simplify the resolution of the case, to discourage

wasteful pretrial activities, and to resolve procedural and evidentiary matters

before trial. The parties must in good faith discuss settlement prospects;

facts and issues not in dispute; eVidence to be presented, including

witnesses; and seek to resolve any ongoing disputes prior to filing pre-trial

motions. To encourage honest discussion, nothing said at a conference

hearing shall be admitted into evidence. Conference hearings may, at the

Court's discretion, on request of a party or on the Court's own motion, be

held off the record.

A trial is a hearing of the case on its merits, after the parties have had a

reasonable time to prepare their cases for submission to the Court.

Generally, trials will be set on a written request from one or more parties, or

at a conference hearing.

.CHAPTER 6: MOTIONS

RULE 25 FORM OF MOTIONS

Unless good cause to allow otherwise exists, all requests from parties, other

than those made at a noticed hearing, must be submitted in writing for

review by a judge and filed with the clerk's office.

RULE 26 EX PARTE MOTIONS

(a) Less than Five Days Notice

All motions served by mail less than 5 days in advance of a hearing date

shall be considered ex parte, and shall not be accepted for filing unless the

motion complies with these rules and any other applicable tribal statutes.

(b) Affirmative Factual Showing Required

An applicant must make an affirmative factual showing in a declaration

containing competent testimony based on personal knowledge of irreparable

harm, immediate danger, or any other statutory basis for granting relief ex

parte.

A party seeking an ex parte order must notify all parties no later than 10:00

a.m. the court day before the ex parte appearance, absent a showing of

exceptional circumstances that justify a shorter time for notice.

RULE 27 CONTENTS OF NOTICE AND DECLARATION REGARDING NOTICE

FOR EX PARTE REQUESTS

(a) Contents of Notice

When notice of an ex parte application is given, the person giving notice

must:

(1) State with specificity th e natu re of the rei ief to be req uested and the

date, time, and place for the hearing on the application; and

(2) Attempt to determine whether the opposing party will appear to oppose

the application.

(b) Declaration Regarding Notice

An ex parte application must be accompanied by a declaration regarding

notice stating:

(1) The notice given, including the date, time, manner, and name of the

party informed, the relief sought, any response, and whether opposition is

expected and that, within the applicable time under rule, the applicant

informed the opposing party where and when the application would be made;

(2) That the applicant in good faith attempted to inform the opposing party

but was unable to do so, specifying the efforts made to inform the opposing

party; or

(3) That, for reasons specified, the applicant should not be required to

inform the opposing party.

If notice was provided later than 10:00 a.m. the court day before the ex

parte appearance, the declaration regarding notice must explain the

exceptional circumstances that justify the shorter notice.

RULE 28 SERVICE OF PAPERS IN EX PARTE MATTERS

Parties appearing at the ex parte hearing must serve the ex parte application

or any written opposition on all other appearing parties at the first

reasonable opportunity. Absent exceptional circumstances, no hearing may

be conducted unless such service has been made.

RULE 29 APPLICATION FOR AN ORDER EXTENDING OR SHORTENING TIME

Ca) Application-to whom made

An application for an order extending or shortening the time within which any

act is required by law to be done must be heard and determined by the judge

before whom the matter is pending; provided, however, that in case of the

inability, death, or absence of such judge, the application may be heard and

determined by another judge of the same court.

Cbl Contents of Motion

An application for an order extending or shortening time must state in writing

the time line under which the act is required by law to be done and the

specifiC reasons, declared under penalty of perjury, that an extension or

shortening of time is needed in the current case.

RULE 30 FORMAT OF DISCOVERY MOTIONS

Cal Separate Statement Required

Any motion involving the content of a discovery request or the responses to

such a request must be accompanied by a separate statement. The motions

that require a separate statement include a motion:

(l)To compel further responses to requests for admission;

(2) To compel further responses to interrogatories;

(3) To compel further responses to a demand for inspection of documents or

tangible things;

(4) To compel answers at a deposition;

(5) To compel or to quash the production of documents or tangible things at

a deposition;

(6) For medical examination over objection; and

(7) For issue or evidentiary sanctions.

Cbl Separate Statement Not Required

A separate statement is not required when no response has been provided to

the request for discovery.

Ccl Contents of Separate Statement

A separate statement is a separate document filed and served with the

discovery motion that provides all the information necessary to understand

each discovery request and all the responses to it that are at issue. The

separate statement must be full and complete so that no person is required

to review any other document in order to determine the full request and the

full response. Material must not be incorporated into the separate statement

by reference. The separate statement must include the following for each

discovery request (e.g., each interrogatory, request for admission, deposition

question, or inspection demand) to which a further response, answer, or

production is requested:

(1) The text of the request, interrogatory, question, or inspection demand;

(2) The text of each response, answer, or objection, and any further

responses or answers;

(3) A statement of the factual and legal reasons for compelling further

responses, answers, or production as to each matter in dispute;

(4) If necessary, the text of all definitions, instructions, and other matters

reqUired to understand each discovery request and the responses to it;

(5) If the response to a particular discovery request is dependent on the

response given to another discovery request, or if the reasons a further

response to a particular discovery request is deemed necessary are based on

the response to some other discovery request, the other request and the

response to it must be set forth; and

(6) If the pleadings, other documents in the file, or other items of discovery

are relevant to the motion, the party relying on them must summarize each

relevant document.

Cd) Identification of Interrogatories. Demands. or Requests

A motion concerning interrogatories, inspection demands, or admission

requests must identify the interrogatories, demands, or requests by set and

number.

Cel Sanctions Despite No Opposition

The court may award sanctions in favor of a party who files a motion to

compel discovery, even though no opposition to the motion was filed, or

opposition to the motion was withdrawn, or the requested discovery was

provided to the moving party after the motion was filed.

RULE 31 SERVICE OF MOTION PAPERS ON NONPARTY DEPONENT

A written notice and all moving papers supporting a motion to compel an

answer to a deposition question or to compel production of a document or

tangible thing from a nonparty deponent must be personally served on the

nonparty deponent unless the nonparty deponent agrees to accept service by

mail at an address specified on the deposition record.

RULE 32 MOTION TO AMEND PLEADINGS

(a) Contents of Motion

A motion to amend a pleading before trial must:

(1) State what allegations in the previous pleading are proposed to be

deleted, if any, and where, by page, paragraph, and line number, the deleted

allegations are located; and

(2) State what allegations are proposed to be added to the previous

pleading, if any, and where, by page, paragraph, and line number, the

additional allegations are located; and

(3) The effect of the amendment; and

(4) Why the amendment is necessary and proper; and

(5) When the facts giving rise to'the amended allegations were discovered;

and

(6) The reaspns why the request for amendment was not made earlier.

Cb) Amendments on Face of Pleading

An amendment to a pleading must not be made by alterations on the face of

a pleading except by permission of the court. All alterations must be initialed

by the judge or the clerk.

RULE 33 MOTIONS TO STRIKE

A notice of motion to strike a portion of a pleading must quote in full the

portions sought to be stricken except where the sections sought to be

stricken may be clearly identified by description. Examples of clearly

identifiable text are entire paragraphs, causes of action, counts, or defenses.

RULE 34 MOTION OR APPLICATION FOR CONTINUANCE OF TRIAL

fa) Trial dates are firm

To ensure the prompt disposition of civil cases, the dates assigned for a trial

are firm. All parties and their counsel must regard the date set for trial as

certain.

(b) Motion or application

A party seeking a continuance of the date set for trial, whether contested or

uncontested or stipulated to by the parties, must make the request for a

continuance by a motion with supporting declarations. The party must make

the motion or application as soon as reasonably practical once the necessity

for the continuance is discovered.

Although continuances of trials are disfavored, each request for a

continuance must be considered on its own merits. The court may grant a

continuance only on an affirmative showing of good cause requiring the

continuance. Circumstances that may indicate good cause include:

(l)The unavailability of an essential witness because of death, illness, or

other excusable circumstances;

(2)The unavailability of a party because of death, illness, or other excusable

circumstances;

(3)The unavailability of trial counsel because of death, illness, or other

excusable circumstances;

(4 )The substitution of trial counsel, but only where there is an affirmative

showing that the substitution is required in the interests of justice;

(5)The addition of a new party if:

(A) The new party has not had a reasonable opportunity to conduct

discovery and prepare for trial; or

(6) The other parties have not had a reasonable opportunity to conduct

discovery and prepare for trial in regard to the new party's involvement in

the case;

(6) A party's excused inability to obtain essential testimony, documents, or

other material evidence despite diligent efforts; or

(7) A significant, unanticipated change in the status of the case as a result of

which the case is not ready for tria I.

Cd) Other Factors to be Considered

In ruling on a motion or application for continuance, the court must consider

all the facts and circumstances that are relevant to the determination. These

may include:

(1) The proximity of the trial date;

(2) Whether there was any previous continuance, extension of time, or delay

of trial due to any party;

(3) The length of the continuance requested;

(4) The availability of alternative means to address the problem that gave

rise to the motion or application for a continuance;

(5) The prejudice that parties or witnesses will suffer as a result of the

continuance;

(6) If the case is entitled to a preferential trial setting, the reasons for that

status and whether the need for a continuance outweighs the need to avoid

delay;

(7) The court's calendar and the impact of granting a continuance on other

pending trials;

(8) Whether trial counsel is engaged in another trial;

(9) Whether all parties have stipulated to a continuance;

(10) Whether the interests of justice are best served by a continuance, by

the trial of the matter, or by imposing conditions on the continuance; and

(11) Any other fact or circumstance relevant to the fair determination of the

motion or application.

RULE 35 MOTION TO DISMISS FOR DELAY IN PROSECUTION

Cal Consideration of All Relevant Matters

In ruling on the motion, the court must consider all matters relevant to a

proper determination of the motion, including:

(1)The court's file in the case and the declarations and supporting data

submitted by the parties and, where applicable, the availability of the

moving party and other essential parties for service of process;

(2)The diligence in seeking to effect service of process;

(3)The extent to which the parties engaged in any settlement negotiations or

discussions;

(4) The diligence of the parties in pursuing discovery or other pretrial

proceedings, including any extraordinary relief sought by either party;

(5) The nature and complexity of the case;

(6) The law applicable to the case, including the pendency of other litigation

under a common set of facts or determinative of the legal or factual

issues in the case;

(7) The nature of any extensions of time or other delay attributable to either

party;

(8) The condition of the court's calendar and the availability of an earlier trial

date if the matter was ready for trial;

(9) Whether the interests of justice are best served by dismissal or trial of

the case; and

(10) Any other fact or circumstance relevant to a fair determination of the

issue.

Cbl Court action

The court may grant or deny the motion or, where the facts warrant, the

court may continue or defer its ruling on the matter pending performance by

either party of any conditions relating to trial or dismissal of the case that

may be required by the court to effectuate substantial justice.

RULE 36 MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION

Cal Motion

. As used in this rule, "motion" refers to either a motion for summary

judgment or a motion for summary adjudication.

Cb) Motion for Summarv Adjudication

If made in the alternative, a motion for summary adjudication may make

reference to and depend on the same evidence submitted in support of the

summary judgment motion. If summary adjudication is sought, whether

separately or as an alternative to the motion for summary judgment, the

specific cause of action, affirmative defense, claims for damages, or issues of

duty must be stated specifically in the notice of motion and be repeated,

verbatim, in the separate statement of undisputed material facts.

Cc) Documents in Support of Motion

The motion must include the following documents, separately stapled and

titled as shown:

(l)Separate statement of undisputed material facts in support of [moving

party's] motion for summary judgment or summary adjudication or both;

(2)Argument in support of [moving party's] motion for summary judgment or

summary adjudication or both;

(3) Evidence in support of [moving party's] motion for summary judgment or

summary adjudication or both; and

(d) Separate Statement of Undisputed Material Facts in Support of Motion

The Separate Statement of Undisputed Material Facts in support of a motion

must separately identify each cause of action, claim, issue of duty, or

affirmative defense, and each supporting material fact claimed to be without

dispute with respect to the cause of action, claim, issue of duty, or

affirmative defense. In a two-column format, the statement must state in

numerical sequence the undisputed material facts in the first column and the

evidence that establishes those undisputed facts in the second column.

Citation to the evidence in support of each material fact must include

reference to the exhibit, title, page, and line numbers.

(e) Documents in opposition to motion

The opposition to a motion must consist of the following documents,

separately stapled and titled as shown:

(1) [Opposing party's] Argument in opposition to [moving party's] motion for

summary judgment or summary adjudication or both;

(2) [Opposing party's] separate statement of undisputed material facts in

opposition to [moving party's] motion for summary judgment or summary

adjudication or both;

(3) [Opposing party's] evidence in opposition to [moving party's] motion for

summary judgment or summary adjudication or both (if appropriate); and

(f) Opposition to Motion; Content of Separate Statement

Each material fact claimed by the moving party to be undisputed must be set

out verbatim on the left side of the page, below which must be set out the

evidence said by the moving party to establish that fact, complete with the

moving party's references to exhibits. On the right side of the page, directly

opposite the recitation of the moving party's statement of material facts and

supporting evidence, the response must unequivocally state whether that

fact is "disputed" or "undisputed." An opposing party who contends that a

fact is disputed must state, on the right side of the page directly opposite the

fact in dispute, the nature of the dispute and describe the evidence that

supports the position that the fact is controverted. That evidence must be

supported by citation to exhibit, title, page, and line numbers in the evidence

submitted.

(9) Documentary evidence

If evidence in support of or in opposition to a motion exceeds 20 pages, the

evidence must be separately bound and must include a table of contents.

(h) Format for separate statements

(1) Summary Judgment

Supporting and opposing separate statements in a motion for summary

judgment must follow this format:

Supporting statement:

Undisputed Material Facts:

Supporting Evidence:

1. Plaintiff and defendant entered into Jackson declaration, 2: 17-21;

a written contract for the sale of

contract, Ex. A to Jackson

widgets.

declaration.

2. No widgets were ever received.

Jackson declaration, 3:7-21.

Opposing statement:

Undisputed Material Facts and Alleged Response and Evidence:

Supporting Evidence:

1. Plaintiff and defendant entered into Undisputed.

a written contract for the sale of

Widgets. Jackson declaration, 2: 17

21; contract, Ex. A to Jackson

declaration.

2. No Widgets were ever received.

Jackson declaration, 3:7-21. Baygi

declaration, 7: 2-5.

Disputed. The Widgets were received

in New Zealand on August 31, 2001.

(2) Summary Adjudication

Supporting and opposing separate statements in a motion for summary

adjudication must follow this format:

Supporting statement:

ISSUE i-THE FIRST CAUSE OF ACTION FOR

NEGLIGENCE IS BARRED BECAUSE PLAINTIFF

EXPRESSLY ASSUMED THE RISK OF INJURY

Undisputed Material Facts:

Supporting Evidence:

1. Plaintiff was injured while

mountain climbing on a trip with Any

Company USA. .

Plaintiff's deposition, 12: 3-4.

2. Before leaving on the mountain

climbing trip, plaintiff signed a

complete waiver of liability.

Smith declaration, 5:4-5; waiver of

liability, Ex. A to Smith declaration.

Opposing statement:

ISSUE 1-THE FIRST CAUSE OF ACT.ION FOR

NI;GLIGENCE IS BARRED BECAUSE PLAINTIFF

EXPRESSLY ASSUMED THE RISK OF INJURY

Undisputed Material Facts and Alleged Response and Evidence:

Supporting Evidence:

1. Plaintiff was injured while

mountain climbing on a trip with Any

Company USA. Plaintiff's deposition,

Undisputed.

12:3-4.

2. Before leaving on the mountain

climbing trip, plaintiff. signed a

complete waiver of liability. Smith

declaration, 3:6-7. Ex. A to Smith

declaration.

Disputed. Plaintiff did not sign the

waiver of liability; the signature on

the waiver is forged. Jones

declaration, 5:4-5; waiver of liability,

RULE 37 WRITTEN OBJECTIONS TO EVIDENCE IN SUMMARY JUDGMENT OR

ADJUDICATION MOTIONS

fa) Time for Filing and Service of Objections

Unless otherwise excused by the court on a showing of good cause, all

written objections to evidence in support of or in opposition to a motion for

summary judgment or summary adjudication must be served and filed at the

same time as the objecting party's opposition or reply papers are served and

filed.

fb) Format of objections

All written objections to evidence must be served and filed separately from

the other papers in support of or in opposition to the motion. Objections on

specific evidence may be referenced by the objection number in the right

column of a separate statement in opposition or reply to a motion, but the

objections must not be restated or reargued in the separate statement. Each

written objection must be numbered consecutively and must:

(1) Identify the name of the document in which the specific material

objected to is located;

(2) State the exhibit, title, page, and line number of the material objected

to;

(3) Quote or set forth the objectionable statement or material; and

(4) State the grounds for each objection to that statement or material.

Written objections to evidence must follow one of the following two

formats:

(First Format):

Objections to Jackson Declaration

Objection Number 1

"Johnson told me that no widgets were ever received." (Jackson declaration,

page 3, lines 7-8.)

Grounds for Objection 1: Hearsay (Title 2 §2.5.12); lack of personal

knowledge (Title 2 § 2.5.02).

Objection Number 2

"A lot of people find widgets to be very useful." (Jackson declaration, page

17, line 5.)

Grounds for Objection 2: Irrelevant (Title 2 § 2.5.01).

(Second Format):

Objections to Jackson Declaration

Material Objected to:

Grounds for Objection:

1. Jackson declaration, page 3, lines

7-8: "Johnson told me that no

widgets were ever received."

Hearsay (Title 2 §2.5.12); lack of

personal knowledge (Title 2 §

2.5.02).

2. Jackson declaration, page 17, line

5: "A lot of people find widgets to be

very useful."

Irr~Jevant (Title 2 § 2.5.01).

A party submitting written objections to evidence must submit with the

objections a proposed order. The proposed order must include places for the

court to indicate whether it has sustained or overruled each objection. It

must also include a place for the signature of the judge. The proposed order

must be in one of the following two formats:

(First Format):

Objections to Jackson Declaration

Objection Number 1

"Johnson told me that no widgets were ever 'received," (Jackson declaration,

page 3, lines 7-8.)

Grounds for Objection 1: Hearsay (Title 2 § 2.5.12); lack of personal

knowledge (Title 2 § 2.5.02).

Sustained:

Overruled :

Court's Ruling on Objection 1:

Objection Number 2

"A lot of people find widgets to be very useful." (Jackson declaration, page

17, line 5.)

Grounds for Objection 2: Irrelevant (Title 2 § 2.5.01).

Court's Ruling on Objection 2:

Sustained: _~_ _

Overruled:

RULE 38 DISMISSAL OF ACTIONS

(a) Voluntary

An action may be dismissed by the plaintiff without order of the court by

filing a notice of dismissal at any time before service by the adverse party of

an answer or of a motion for summary judgment, whichever occurs first, or

by filing a stipulation of dismissal signed by all parties who appeared in the

action. Unless otherwise stated in the notice of dismissal or stipulation, the

dismissal is without prejudice, except that a notice of dismissal operates as

an adjudication upon the merits when filed by a plaintiff who has once

dismissed in any other court an action based on the same claim.

(b) Involuntary

For failure of the plaintiff to prosecute or to comply with these Rules a

defendant may move for dismissal of an action or of any claim against the

defendant. Unless the court in its order for dismissal otherwise specifies, the

dismissal under this subsection, other than any dismissal for lack of

jurisdiction, for improper venue, or for failure to join a proper party under

Title 2, § 2.2.04, operates as an adjudication on the merits.

The provisions of this rule apply to the dismissal of any counterclaim, cross

claim, or third-party claim. A voluntary dismissal by the claimant alone

pursuant to subsection (a) of this rule must be made before a responsive

pleading is served or, if there is none, before the introduction of evidence at

the trial or hearing.

(d) Costs of Previously Dismissed Action.

If a plaintiff who has once dismissed an action in court commences an action

based upon or including the same claim against the same defendant, the

court may make an order for the payment of costs of the action previously

dismissed as it may deem proper and may stay the proceedings in the action

until the plaintiff has complied with the order.

[See Tribal case law for precedent. Subsections (a), (c), and (d) of FRCP 41

may be looked to, and cases pertaining to those provisions of the federal rule

may be cited to as persuasive argument]

CHAPTER 7 FAMILY LAW

RULE 39 BIFURCATION OF ISSUES

(a) Bifurcation of issues

On noticed motion of a party, the stipulation of the parties, or its own

motion, the court may bifurcate one or more issues to be tried separately

before other issues are tried. The motion must be heard not later than the

trial-setting conference.

(b) When to bifurcate

The court may try separately one or more issues before trial of the other

issues if resolution of the bifurcated issue is likely to simplify the

determination of the other issues. Issues that may be appropriate to try

separately in advance include, but are not limited to:

(1) Validity of a postnuptial or premarital agreement;

(2) Date of separation;

(3) Date to use for valuation of assets;

(4) Whether property is separate or community;

(5) How to apportion increase in value of a business; or

(6) Existence or value of business or professional goodwill.

RULE 40 FAMILY COURT DUTIES RELATIVE TO DOMESTIC VIOLENCE CASES

Cal Duties

The family court personnel shall have the following duties:

(1) Identify cases in Family Court that involve domestic violence; and

(2) Make reasonable efforts to ensure the safety of victims, children, and

other parties when they are participating in Family Court or court ordered

services;

(3) Make appropriate referrals as available such as child custody evaluation,

parent education, parent orientation, supervised visitation, child custody

mediation, relevant education programs for children, and other services as

determined by the court.

Cb) No Negotiation of Violence

Family Court jUdges and court referred service providers must not negotiate

with the parties about using violence with each other, whether either party

should or should not obtain or dismiss a restraining order, or whether either

party should cooperate with criminal prosecution.

Cc) Domestic Violence Restraining Orders

Notwithstanding the above, in appropriate cases, Family Court judges and

court referred service providers may recommend that restraining orders be

issued, pending determination of the controversy, to protect the well-being of

the child involved in the controversy.

Cd) Providing Information

Family Court personnel and court ordered service providers must provide

information to families accessing their services about the effects of domestic

violence on adults and children. Court ordered service providers must provide

information and materials that describe Family Court Services policy and

procedures with respect to domestic violence.

Ce) Separate Sessions

In Family Court cases in which there has been a history of domestic violence

between the parties or in which a protective order is in effect, at the request

of the party who is alleging domestic violence in a written declaration under

penalty of perjury or who is protected by the order, the Court ordered

mediator, counselor, evaluator, or investigator must meet with the parties

separately and at separate times. When appropriate, arrangements for

separate sessions must protect the confidentiality of each party's times of

arrival, departure, and meeting with the service provider. Family Court

service providers must provide information to the parties regarding their

options for separate sessions. If domestic violence is discovered after

mediation--or evaluation has begun, the Family Court services staff member

assigned to the case must confer with the parties separately regarding

safety-related issues and the option of continuing in separate sessions at

separate times. Family Court services staff, including support staff, must not

respond to a party's request for separate sessions as though it were evidence

of his or her lack of cooperation with the court ordered services.

en Referrals

Family Court ordered services staff, where applicable, must refer family

members to appropriate services, if available. Such services may include but

are not limited to programs for perpetrators, counseling and education for

children, parent education, services for victims, and legal resources.

CHAPTER 8: SETTLEMENT

RULE 41 OFFER OF JUDGMENT

(a) Settlement

The parties may settle the case without the consent of the Court, unless a

manifest injustice would result.

(b) TiiTling of Pretrial Offer of Judgment

At any time more that 10 days before the trial begins, a party defending

against a claim may serve upon the adverse party an offer to allow judgment

to be taken against the defending party for the money or property or to the

effect specified in the offer, with costs then accrued.

An offer not accepted within 10 days of its service on the opposing party will

be deemed withdrawn and evidence that an offer was made is not admissible

except in a proceeding to determine costs.

Cd) Costs to Offeror

If the judgment finally obtained by a party is not more favorable than the

offer previously made to that party, the party to whom the offer was made

must pay the costs incurred after the making of the offer to the party who

made the offer, including any tribal bar member's representation fees.

Ce) Offer of Judgment as to Liability Amount

When the liability of one party to another has been determined by verdict or

order or judgment, but the amount or extent of the liability remains to be

determined by further proceedings, the party adjudged liable may make an

offer of judgment, which shall have the same effect as an offer made before

trial if it is served within a reasonable time not less than 10 days prior to the

commencement of hearings to determine the amount or extent of liability.

Cf) Notification of Court

Upon reaching an agreement to settle, the parties should write out the

settlement in full, and secure the signatures of all parties. The settlement

agreement should clearly set forth whether dismissal or other action of the

Court is requested. The Court shall dismiss the action, or enter judgment in

accordance with the settlement agreement, as agreed to by the parties,

unless it appears to the Court that a manifest injustice would result, in which

case the Court shall schedule the matter for hearing. Parties who have

settled the case should orally notify the Clerk of the Court as soon as

possible.

[See Tribal case law for precedent. FRCP 68 may be looked to, and cases

pertaining to this rule may be cited to as persuasive argument]

RULE 42 INFORMAL DISPUTE RESOLUTIO~

Cal Court Ordered

Where the court finds that informal dispute resolution will aid the resolution

of the case, and no serious prejudice will be worked against either party by a

delay in resolution, the Court may, on its own motion or a motion of a party,

order the parties to mediation, negotiation, or some other agreed upon form

of informal dispute resolution.

(bl Voluntary

Nothing in this Code or in the Rules of the Hoopa Tribal Court prevents

persons involved from resolVing their dispute through any other lawful

means; negotiation, mediation, etc. [Formerly Title 2, § 2.4.07]

Ccl Costs

The court shall assign any costs for dispute resolution between the parties in

a just manner. The court may order that both parties split the costs evenly,

or that one party bear more, or all, of the costs.

RULE 43 STIPULATION FOR JUDGMENT

(a) Content of Stipulation

A stipulation for jUdgment may be submitted to the court for signature at the

time of the hearing on the merits and must contain the exact terms of any

jUdgment proposed to be entered in the case.

(b) Effect of Stipulation

A stipulation for judgment must include disposition of all matters subject to

the court's jurisdiction for which a party seeks adjudication or an explicit

reservation of jurisdiction over any matter not proposed for disposition at

that time. A stipulation for judgment constitutes a written agreement

between the parties as to all matters covered by the stipulation.

CHAPTER 9 TRIAL

RULE 44 TRIAL

All trials upon the merits must be conducted in open court and so far as

convenient in a regular court room. Trial shall be held as expeditiously as

possible, taking into account the Court's schedule and the rights of all parties

to properly prepare their cases.

[See Tribal case law for precedent. FRCP 77 may be looked to, and cases

pertaining to this rule may be cited to as persuasive argument]

Rule 45 CONSOLIDATION; SEPARATE TRIALS

(a) Consolidation.

When actions involving a common question of law or fact are pending before

this court, it may order a joint hearing or trial of any or all matters in issue in

the actions; it may order all the actions consolidated; and it may make such

orders concerning proceedings therein as may tend to avoid unnecessary

costs or delay.

Cb) Separate Trials.

The court, in furtherance of convenience or to avoid prejudice, or when

separate trials will be conducive to expedition and economy, may order a

separate trial of any claim, cross-claim, counterclaim, or third-party claim, or

of any separate issue or of any number of claims, cross-claims,

counterclaims, third-party claims, or issues, always preserving inviolate the

right of trial by jury.

[See Tribal case law for precedent. FRCP 42 may be looked to, and cases

pertaining to this rule may be cited to as persuasive argument]

RULE 46 TAKING OF TESTIMONY

(a) Form.

In all trials the testimony of witnesses must be taken orally in open court,

unless otherwise provided by Tribal Ordinance or these Rules. The court may,

for good cause shown in compelling circumstances and upon appropriate

safeguards, permit presentation of testimony in open court by

contemporaneous transmission from a different location.

(b) Evidence on Motions.

When a motion is based on facts not of record the Court may hear the matter

on affidavits presented by the respective parties, but the court may direct

the matter be heard Wholly or partly on oral testimony or deposition.

[See Tribal case law for precedent. Subsections (a) and (e} of FRCP 43 may

be looked to, and cases pertaining to those provisions of the federal rule may

be cited to as persuasive argument]

RULE 47 COURT REPORTER, STENOGRAPHER; TAPE RECORDING,

STENOGRAPHIC REPORT OR TRANSCRIPT AS EVIDENCE

Whenever the testimony of a witness at a trial or hearing which was recorded

or stenographically reported is admissible in evidence at a later trial, it may

be proved by the recording or transcript thereof duly certified by the person

who recorded or reported the testimony.

[See Tribal case law for precedent. Subsection (c) of FRCP 80 may be looked

to, and cases pertaining to that provision of the federal rule may be cited to

as persuasive argument]

RULE 48 PROOF OF OFFICIAL RECORD

An official record, or entry therein, when admissible for any purpose, may be

evidenced by an official publication thereof; or a copy thereof, attested by

the person authorized to make the attestation, and accompanied by a final

certification as to the genuineness of the signature and official position (1) of

the attesting person, or (2) of any state, federal, or tribal official whose

certification of genuineness of signature and official position relates to the

attestation or is in a chain of certificates of genuineness and official position

relating to the attestation.

RULE 49 DETERMINATION OF FOREIGN LAW

Whenever the Court is applying federal law, or determining whether to enter

the judgment of another court, the party who intends to raise an issue

concerning the law of another tribe, federal or state law must give notice by

pleadings or other reasonable written notice. The court, in determining

foreign law, may consider any relevant material or source, including

testimony, whether or not submitted by a party or admissible under Title 2,

Chapter 5, Rules of Evidence.

RULE 50 POST TRIAL BRIEFS

The judge may order an issue of law of central importance to the case to be

briefed after trial. Due dates for such briefs shall be established by the Court

before the conclusion of the trial. Continuances of post trial brief deadlines

are disfavored. Judgment may be delayed until after the issue has been

briefed.

CHAPTER 10: JURIES

RULE 51 RIGHT TO JURY TRIAL

Cal Offenses Punishable by confinement.

Any person accused of an offense punishable by confinement has the right to

a jUry trial upon request, and shall not have to pay the jury fees required

under this rule.

(b) Civil Actions.

In civil actions, the Court has discretion to allow a jury trial upon the written

request of any party at least 20 days before the trial date and upon the party

posting a fee or other security in the amount of Four Hundred and Fifty

Dollars ($450.00) to cover costs, disbursements and jury fees in the case.

RULE 52 JURORS

(a) Eligible Jurors

A list of the eligible jurors must be prepared by the Tribal Court each year.

Any person eighteen (18) years of age or more who is a Tribal member and a

resident of the Hoopa Valley Reservation for six (6) months or more is

eligible to be a juror. The judge of the Court may excuse a prospective juror,

but only on a showing of hardship. Members of the Tribal Council and

employees of the Tribal Court and Tribal Police are exempt from jury service

during their service in such offices.

(b) Selection and Number of Jurors.

A jury shall consist of six (6) persons. The names of potential jurors be

drawn by lot from the Hoopa Valley Tribe's list of eligible jurors. The Clerk of

the Court will randomly select, and notify, thirty (30) persons for service as

potential jurors.

RULE 53 JURY FEES

Every person who is required to attend Court for selection or service as a

juror shall be entitled to a fee of Fifteen Dollars ($15.00) a day for each day

his/her services are required by the Court, plus twenty (20) cents a mile for

traveling to and from the Court. In cases other than those initiated by the

Hoopa Valley Tribe, the party requesting a jury trial, upon granting of the

request by the Court and no later than five (5) working days prior to the date

set for trial, shall post estimated first day jury fees in the amount of Four

Hundred and Fifty ($450.00) with the Clerk of the Court. The actual total

expense of jury fees shall become the responsibility of the losing party and

shall be assessed as a cost in the case; however, a losing party who did not

request a jury trial may be relieved of this expense by the Court in the

interests of justice.

RULE 54 JURY OUESTIONS. ("VOIR DIRE")

(a) Voir Dire Opportunity Mandatory

In all jury trial cases the court shall allow the parties or their representatives

to question the potential jurors.

(b) Procedure

The court may permit the parties or their attorneys to ask questions of

prospective jurors, or may itself ask questions to the jury pool. If the

Court questions the potential jurors, any party may submit proposed

questions for prospective jurors to the Court. The court may permit

the parties or their representative to conduct the examination of

prospective jurors or may itself conduct the examination. In the latter

event, the court shall permit the parties or their attorneys to

supplement the examination by such further inquiry as it deems

proper or shall itself submit to the prospective jurors such additional

questions of the parties or their attorneys as it deems proper.

ec) Form and Content of Questions

All jUry questions must be in easy to understand terms and must accurately

reflect the law applicable to the regulation allegedly violated.

Cd) Prohibition on Undue Consumption or Time or Harassment

The Court must control the questioning so as to prevent undue consumption

of time and harassment.

Ce) Cha lIenges.

Any party to the case may challenge and dismiss without cause not more

than three members of the jury pool, but there is no limit to challenges for

cause. The judge will decide as to the sufficiency of a challenge for cause.

RULE 55 JURY INSTRUCTION

The judge shall instruct the jury in the laws governing the case, and the jury

must decide issues presented to it in conformity with such instructions. The

judge shall render judgment in accordance with the verdict and eXisting law.

Ca) Submission of Proposed Jury Instructions

The parties must submit proposed jury instructions to the Court. The judge

will select from the proposed instructions, and supplement them with any

additional necessary instructions. The Court shall inform the parties or their

legal representatives which jUry instructions will be given prior to the closing

arguments to the jury.

Cb) Form and Content of Instructions

All jury instructions must be in easy to understand terms and must

accurately reflect the law and/or custom governing the case.

ec) Judge to Instruct Jury

At the conclusion of trial, the judge shall instruct the jury as to the issues it

must decide and the law applicable to those issues. The Court, at its election,

may instruct the jury before or after closing argument, or both.

Cd) Written Copy of Instructions to Jury

The Court must prOVide the jury with a written copy of the instructions before

jury deliberations begin.

RULE 56 OBJECTIONS TO JURY INSTRUCTIONS

No party may assign as error the giving or the failure to give instruction

unless the party objects to the instruction or its absence before the jury

retires to consider the verdict. A party who objects to an instruction or the

failure to give an instruction must do so on the record, stating distinctly the

matter objected to and the grounds of the objection. Opportunity shall be

given to make the objection out of the hearing of the jUry.

[See Tribal case law for precedent. FRCP 51 may be looked to, and cases

pertaining to this rule may be cited to as persuasive argument]

RULE 57 JUROR'S DUTY TO NOT DISCUSS CASE DURING DELIBERATIOI\IS

If the jury are permitted to separate, either during the trial or after the case

is submitted to them, the Court must inform them that it is their duty not to

converse with, or allow themselves to be addressed by any other person, on

any subject of the trial, and that it is their duty not to form or express an

opinion until the case is finally submitted to them for a decision.

RULE 58 JURY OUESTIONS DURING DELIBERATIONS

Cal Testimony Read Back

If, during deliberations, the jury needs a portion of the testimony read back

to them, or has a question of law, the foreman must notify the Court Officer,

who will notify the Judge and arrange for the Jury's question to be asked in

open Court, in the presence of the parties and their legal representatives.

Except for good cause shown, the judge need not be present while testimony

previously received into evidence is read to the jury.

Cbl Questioning of Witnesses

Jurors are allowed to submit written questions directed to witnesses. An

opportunity must be given to counsel to object to such questions out of the

presence of the jury.

RULE 59 OFFICER TO SAFEGUARD DELIBERATIONS

If the jury needs time to decide the case, they must be kept together, in

some convenient place, under charge of an officer, until they agree upon a

verdict or are discharged by the Court. Unless by order of the Court, the

officer having them under his charge must not allow any communication to

be made to them, or make any himself, except to ask them if they have

agreed upon a verdict, and he must not, before their verdict is read in open

Court, communicate to any person the state of their deliberations, or the

verdict agreed upon.

CHAPTER 11: VERDICTS; JUDGMENTS

RULE 60 JURY VERDICT

CalStandards of Proof

A jury verdict, or the jury's inability to reach a verdict, must be announced to

the parties in open court. If the verdict is insufficient, the jury may correct it

under the advice of the Court, or the jury may be sent out again. A jury

verdict is reached in the following situations:

(1) when at least four of the six jurors agree on a preponderance of the

evidence standard;

(2) When at least five of the six jury members agree on a clear and

convincing evidence standard their foreman to the judge in open court;

(3) When all six jurors unanimously agree on a beyond a reasonable

doubt standard

(b) General vs. Special Verdicts

The verdict of a jury is either general or special. A general verdict is that by

which they pronounce generally upon all or any of the issues, either in favor

of the plaintiff or defendant; a special verdict is that by which the jury find

the facts only I leaving the judgment to the Court. The special verdict must

present the conclusions of fact as established by the evidence, and those

conclusions of fact must be presented so that nothing remains to the Court

but to draw from them conclusions of law. Where the Court requires a jury to

return only a special verdict in the form of a written finding upon each issue

of fact the Court may submit to the jury written questions which reqUire brief

answers; or may submit written forms of the several special findings which

may properly be made under the pleadings and evidence; or it may use any

other appropriate method of submitting the issues and requiring the written

findings. The Court must give the jUry all necessary explanations and

instructions concerning the matter to enable the jury to make its findings

upon each issue.

Cc) Punitive Damages

In all cases in which the issue of punitive damages is presented to the jury

the court must issue a special verdict in writing separating punitive damages

from compensatory damages.

RULE 61 JUDGMENTS - - GENERALLY

In all civil cases, judgment consists of an order of the Court awarding money

damages to be paid to the injured party, or directing the surrender of certain

property to the injured party, or the performance of some other act for the

benefit of the injured party. In all actions tried upon the facts without a jury

the Court must specifically state its factual findings and separately state its

conclusions of law. In granting or refusing interlocutory injunctions the court

must similarly set forth the findings of fact and conclusions of law which

constitute the grounds of its actions. Findings of fact, whether based on oral

or documentary evidence, shall not be set aside unless clearly erroneous and

due regard shall be given to the opportunity of the trial court to judge of the

credibility of the witnesses.

Cal Judgment After Court Trial.

In non-jury matters, the Court, after the submission of all evidence, shall

enter its judgment in conformity with the evidence in open court, or at the

judge's discretion, within 15 days from the time of the end of the

presentation of all testimony and evidence.

Cb) Judgment After Jury Trial.

After the jury renders its verdict the Court shall enter a judgment in

accordance with the verdict. However, upon motion of a party, or on its own

motion, if the Court concludes that the jury verdict is at such variance with

the state of the evidence that no reasonable jury could have so found, then

the Court may enter a judgment in place of the jUry's verdict (judgment

notwithstanding the verdict).

RULE 62 JUDGMENT AS A MATTER OF LAW IN ACTION TRIED BY JURY;

RENEWAL OF MOTION FOR JUDGMENT AFTER TRIAL;ALTERNATIVE MOTION

FOR NEW TRIAL CONDITIONAL RULINGS

(a) Judgment as a Matter of Law

(1) Circumstances in which Motion will be Granted

If during a trial by a jury a party has been fully heard on an issue and there

is no legally sufficient evidentiary basis for a reasonable jury to find for that

party on that issue, the court may determine the issue against that party and

may grant a motion for judgment as a matter of law against that party with

respect to a claim or defense that cannot under the controlling law be

maintained without a favorable finding on that issue.

(2) Timing of Motion

Motions for judgment as a matter of law may be made at any time before

submission of the case to the jUry. The motion must specify the judgment

sought and the law and the facts on which the moving party is entitled to the

judgment.

(b) Renewing Motion for Judgment After Trial; Alternative Motion for New

Trial

If the court does not grant a motion for judgment as a matter of law made

under subdivision (a), the court is considered to have submitted the action to

the jury sUbject to the court's later deciding the legal questions raised by the

motion.-The movant may renew its request for judgment as a matter of law

by filing a motion no later thari 10 days after the entry of judgment or (if the

motion addresses a jury issue not decided by a verdict) no later than 10 days

after the jury was discharged. The movant may alternatively request a new

trial or join a motion for a new trial under Rule 76.

In ruling on a renewed motion, the court may;

(1) if a verdict was returned:

(A) allow the judgment to stand,

(B) order a new trial, or

(2) if no verdict was returned:

(A) order a new trial, or

(B) direct entry of judgment as a matter of law.

Rulings; New Trial Motion.

(1) Granting Renewed Motion for Judgment as a Matter of Law; Conditional

Rulings

If the renewed motion for jUdgment as a matter of law is granted, the court

shall also rule on the motion for a new trial, if any, by determining whether it

should be granted if the judgment is thereafter vacated or reversed, and

shall specify the grounds for granting or denying the motion for the new trial.

If the motion for a new trial is thus conditionally granted, the order thereon

does not affect the finality of the judgment. In case the motion for a new trial

has been conditionally granted and the judgment is reversed on appeal, the

new trial shall proceed unless the appellate court has otherwise ordered. In

case the motion for a new trial has been conditionally denied, the appellee on

appeal may assert error in that denial; and if the judgment is reversed on

appeal, subsequent proceedings shall be in accordance with the order of the

appellate court.

(2) New Trial Motion

Any motion for a new trial under Rule 76 by a party against whom judgment

as a matter of law is rendered shall be filed no later than 10 days after entry

of the judgment.

Cd) Denial of Motion for Judgment as a Matter of Law.

If the motion Jor judgment as a matter of law is denied, the party who

prevailed on that motion may, as appellee, assert grounds entitling the party

to a new trial in the event the appellate court concludes that the trial court

erred in denying the motion for judgment. If the appellate court reverses the

judgment, nothing in this rule precludes it from determining that the appellee

is entitled to a new trial, or from directing the trial court to determine

whether a new trial shall be granted.

[See Tribal case law for precedent. FRCP 50 may be looked to, and cases

pertaining to this rule may be cited to as persuasive argument]

RULE 63 DEFAULT JUDGMENT

(a) Circumstances Allowing Entry of Default

When a party against whom a judgment for relief is sought has failed to

plead or otherwise defend as provided by these rUles, including failing to

appear at a scheduled hearing after having been noticed to appear, and that

fact is presented to the Court by sworn declaration or sworn testimony at

noticed hearing, the Court shall enter the default pursuant to the provisions

of this rule. The provisions of this rule apply whether the party entitled to the

judgment by default is a plaintiff, a third party plaintiff, or a party who has

pleaded a cross-claim or counterclaim.

(b) Judgment

(1) Against Party Who has Appeared in Action

If the party against whom judgment by default is sought has appeared in the

action, the Court must hold a noticed hearing on the motion for entry of

default judgment prior to ruling on the motion. If, in order to enable the

Court to enter judgment it is necessary to take an account or determine

damages or to establish truth of any averment by evidence or to make an

investigation of any matter, the Court may conduct such hearings as it

deems proper.

(2) Against Party Who has Not Appeared in Action

If the party against whom judgment by default is sought has not appeared in

the action, the Motion for Entry of Default Judgment must be personally

served upon the non-appearing party. Unless statute provides for a shorter

time period, the non-appearing party will have the time allowed under 2

HVTC § 2.4.03 to respond to the motion. The party against whom a default

judgment is sought may file an answer to the complaint and an opposition to

the default motion up to the time of the entry of the default judgment l

however any late filed documents will be subject to a motion to strike. The

court may enter the default judgment without holding a hearing on the

matter provided the moving party has provided the court with sufficient

information to find for the movant and enter a judgment amount.

ec) Documents to be Submitted

The following must be included in the motion for entry of Default JUdgment:

(l)Except in unlawful detainer cases, a brief summary of the case identifying

the parties and the nature of plaintiff's claim;

(2) Declarations or other admissible evidence in support of the jUdgment

requested;

(3) Interest computations as necessary;

(4) A memorandum of costs and disbursements;

(7) A dismissal of all parties against whom judgment is not sought or an

application for separate judgment against specified parties, supported by a

showing of grounds for each jUdgment;

(8) Exhibits as necessary; and

(9) A request for legal representation fees if allowed by statute or by the

agreement of the parties.

(d) Fee Schedule

The court may establish a schedule of legal representation fees to be in

determining the reasonable amount of legal representation fees to be allowed

in the case of a default judgment.

eel Set Aside of Judgment

For good cause shown the court may set aside an entry of default and, jf a

judgment by default has been entered, may likewise set it aside in

accordance with Rule 77.

RULE 64 DECLARATORY JUDGMENTS

The Court, upon the filing of an appropriate pleading by a party, may declare

the rights and other legal relations of any interested party seeking the

declaration, whether or not further relief is or could be sought. Any such

declaration has the force and effect of a final judgment or decree and is

reviewable as such. The existence of another adequate remedy does not

preclude a judgment for declaratory relief in cases where it is appropriate.

The court may order a speedy hearing of an action for declaratory judgment

and may advance it on the calendar. Any party may request a jUry trial on

these issues.

[See Tribal case law for precedent. FRCP 57; 28 U.S.c. § 2201 may be

looked to, and cases pertaining to these rules may be cited to as persuasive

argument]

RULE 65 FINDINGS BY THE COURT: JUDGMENT IN PARTIAL FINDINGS

(a) Effect. In all actions tried upon the facts without a jury, or with an

advisory jUry, the Court must specifically state its factual findings and state

separately state its conclusions of law. Judgment shall be entered pursuant

to Rule 66, Entry of Judgment; and in granting or refusing interlocutory

injunctions the court shall similarly set forth the findings of fact and

conclusions of law which constitute the grounds of its actions. Findings of

fact are not necessary for purposes of review. Findings of fact, whether

based on oral or documentary evidence, shall not be set aside unless clearly

erroneous and due regard shall be given to the trial court's judgment as to

the credibility of the witnesses.

eb) Amendment

On a party's motion filed no later than 10 days after entry of judgment, the

court may amend its findings -- or make additional findings -- and may

amend the judgment accordingly. The motion may accompany a motion for a

new trial under Rule 77. When findings of fact are made in actions tried

without a jury, the sufficiency of the evidence supporting the findings may be

later questioned whether or not in the district court the party raising the

question objected to the findings, moved to amend them, or moved for

partial findings.

ecl Judgment on Partial Findings

If during a trial without a jury a party has been fully heard on an issue

and the court finds against the party on that issue, the court may

enter judgment as a matter of law against that party with respect to a

claim or defense that cannot under the controlling law be maintained

or defeated without a favorable finding on that issue, or the court may

decline to render any judgment until the close of all the evidence.

Such a judgment shall be supported by findings of fact and conclusions

of law as required by subdivision (a) of this rule.

[See Tribal case law for precedent. FRCP 52 may be looked to, and

cases pertaining to that rule may be cited as persuasive argument.]

RULE 66 ENTRY OF JUDGMENT

Upon a decision by the Court, or upon a general verdict by a jury, the Court

shall enter the judgment. Every judgment must be set forth on a separate

document. A judgment is effective only when so set forth and when file

stamped and entered into the record. Entry of the judgment shall not be

delayed, nor the time for appeal extended, in order to tax costs or award

fees, except where a ny party timely files one of the motions listed below, the

time of appeal for all parties runs from the entry of the order disposing of the

last such motion outstanding.

(a) A Motion for Renewal of Motion for Judgment after Trial; Alternative

Motion for New Trial under Rule 62;

(b) A l\1otion to amend or make additional findings of fact under Rule 65,

whether or not granting the motions would alter judgment;

(d) A Motion for a New Trial under Rule 76; or

(e) A Motion for relief under Rule 77 if the motion is filed no later than 10

days after the entry of judgment.

[See Tribal case law for precedent. FRAP 4(a)(4) may be looked to, and

cases pertaining to that rule may be cited as persuasive argument]

RULE 67 JUDGMENT - COMPENSATION

Where the injury inflicted was the result of carelessness of the defendant, the

judgment shall follow any rules of compensation set out in any ordinances or

section of this code pursuant to which the action is brought.

RULE 68 PUNITIVE DAMAGES

Where the injury was deliberately inflicted, the judgment may award punitive

damages to the prevailing party.

RULE 69 COSTS OF CIVIL ACTIONS; AITORNEY'S FEES

Cal Costs

The court may award costs to the prevailing party. These costs may include

the witness fees for"which either party may be responsible under this Code:

the jury fees, if any; and any further incidental expenses or fees connected

with the procedure required by this code as the Court may direct.

(bl Attorneys Fees

Attorney's fees are not included in the costs of a civil action. An award of

Attorney's fees must be requested by motion, and can only be awarded when

a statute specifically provides for the award, or when a prevailing defendant

proves the plaintiff's case was brought in bad faith. Attorneys fees may not

be awarded against the Tribe, unless the requirements of 2 HVTC § 2.6.01(f)

have been met.

[See Tribal case law for precedent. FRCP 54 (attorneys fees excluded) may

be looked to, and cases pertaining to this rule may be cited to as persuasive

argument]

RULE 70 PREJUDGMENT COSTS

(al Claiming costs

(1) Trial costs

A prevailing party who claims costs must serve and file a memorandum of

costs within twenty (20) days from the entry of a final judgment. The

memorandum of costs must be verified by a statement of the party,

attorney, or spokesperson that to the best of his or her knowledge the items

of cost are correct and were necessarily incurred in the case.

(2) Costs on default

A party seeking a default judgment who claims costs must request costs at

the time of applying for the judgment.

(b) Contesting costs

(1) Striking and taxing costs

Any notice of motion to strike or to tax costs must be served and filed 15

days after personal service of the cost memorandum or 19 days after service

by mail of the cost memorandum.

(2) Form of Motion

Unless objection is made to the entire cost memorandum, the motion to

strike or tax costs must refer to each item objected to by the same number

and appear in the same order as the corresponding cost item claimed on the

memorandum of costs and must state why the item is objectionable.

(3) Extensions of time

The party claiming costs and the party contesting costs may agree to extend

the time for serving and filing the cost memorandum and a motion to strike

or tax costs. This agreement must be confirmed in writing, specify the

extended date for service, and be filed with the clerk. In the absence of an

agreement, the court may extend the times for serving and filing the cost

memorandum or the notice of motion to strike or tax costs for a period not to

exceed 30 days.

(4) Entry of Costs

After the time has passed for a motion to strike or tax costs or for

determination of that motion, the clerk must immediately enter the costs on

the judgment.

RULE 71 CLAIMING ATTORNEY'S OR SPOKESPERSON'S FEES

(a) Time for Motion

(1) At Trial Court Level

A notice of motion to claim attorney's or spokesperson's fees for services up

to and including the rendition of judgment in the trial court-including

attorney's or spokesperson's fees on an appeal before the rendition of

judgment in the trial court- must be served and filed within the time for filing

a notice of appeal.

(2) Attorney's fees on appeal

A notice of motion to claim attorney's or spokesperson's fees on appeal under

a statute or contract requiring the court to determine entitlement to the fees,

the amount of the fees, or both, must be served and filed within the time for

serving and filing the memorandum of costs under rule 70.

(b) Extensions

The parties may stipulate to an extension of the time for filing a motion for

attorney or spokesperson's fees for a period not to exceed 60 days. For good

cause, the trial judge may extend the time for filing a motion for attorney's

or spokesperson's fees in the absence of a stipulation or for a longer period

than allowed by stipulation.

RULE 73 INCLUSION OF INTEREST IN JUDGMENT

The judgment shall include any interest awarded by the court and the

interest accrued since the entry of the verdict.

RULE 74 PAYMENT OF JUDGMENTS - - TRIBAL MEMBERS

Whenever the Hoopa Tribal Court has ordered payment of money damages to

an injured party and the losing party refuses to make such payment, within

the time set for payment by the Court, and when losing party has sufficient

funds to his/her credit to pay all or part of such judgment, the Chairperson

shall certify the record of the case and the amount of the available funds. If

the Tribal Council so directs, the disbursing agent must pay over to the Tribal

Council the amount of the judgment, or such lesser amount as may be

specified by the Tribal Council, from the account of the delinquent party.

RULE 75 JUDGMENTS AND DEFENDANT'S ESTATES

A judgment shall be considered a lawful debt in all proceedings by the

Department of Interior or by the Court to distribute decedent's estates.

RULE 76 NEW TRIALS; AMENDIVlEI\JTS OF JUDGMENT

(a) New Trial

(1) Jury Trial

A new trial may be granted to all of the parties and on all or part of the

issues in an action decided by a jUry for any of the reasons for which new

trials may be granted in actions at law.

(2) Court Trial

A new trial may be granted to all of the parties and on all or part of the

issues in an action tried without a jury, for any of the reasons for which

rehearing may be granted in suits in equity. On a motion for a new trial in an

action tried without a jury, the court may open the judgment if one has been

entered, take additional testimony, amend findings of fact and conclusions of

law or make new findings and conclusions, and direct the entry of a new

judgment.

(3) Time for Motion.

A motion for a new trial must be served no later than 10 days after the

entry of judgment.

(4) On Initiative of the Court.

No later than 10 days after entry of judgment the court on its own initiative

may order a new trial for any reason that would justify granting one on a

party's motion. After giving the parties notice and an opportunity to be

heard on the matter, the court may grant a timely motion for a new trial for

a reason not stated in the motion. In either case, the court must specify in

the order the grounds thereof.

(b) Motion to Alter or Amend a judgment.

On a party's motion filed no later than 10 days after entry of judgment, the

court may amend its findings -- or make additional findings -- and may

amend the judgment accordingly. The motion may accompany a motion for a

new trial. When findings of fact are made in actions tried without a jury, the

sufficiency of the evidence supporting the findings may be later questioned

whether or not at trial the party raising the question objected to the findings,

moved to amend them, or moved for partial findings.

[See Tribal case law for precedent. FRCP 52 (b) and 59 may be looked to,

and cases pertaining to this rule may be cited to as persuasive argument]

RULE 77 RELIEF FROM JUDGMENT OR ORDER

(a) Clerical Mistakes.

Clerical mistakes in judgment, orders, or other parts of the record and errors

therein arising from oversight or omission may be corrected by the court at

any time of its own initiative or on the motion of any party and after such

notice, if any, as the court orders. During the pendency of an appeal, such

mistakes may be so corrected before the appeal is docketed in the appellate

court, and thereafter while the appeal is pending may be so corrected with

leave of the appellate court.

(b) Mistakes: Inadvertence; Excusable Neglect: Newly Discovered Evidence;

Fraud, etc.

(1) Grounds

On motion and upon terms that are just, the court may relieve a party or a

party's legal representative from a final judgment, order, or proceeding for

the folloWing reasons:

(i) mistake, inadvertence, surprise, or excusable neglect;

(ii) newly discovered evidence which by due diligence could not have been

discovered in time to move for a new trial under Rule 76;

(iii) fraud (whether intrinsic or extrinsic), misrepresentation, or other

misconduct of an adverse party;

(iv) the judgment is void;

(v) the judgment has been satisfied, released, or discharged, or a prior

judgment upon which it is based has been vacated, or it is no longer

equitable that the judgment should have prospective application; or

(vi) any other reason justifying relief from the operation of the judgment.

(2) Timing

The motion must be made no later than 10 days after judgment for reason

(i); and for reasons (ii) and (iii), not more than one year after entry of

judgment, order, or proceeding was entered or taken.

(3) Finality of Judgment

A motion under this subdivision (b) does not affect the finality of a judgment

or suspend its operation.

(4) Fraud Upon the Court

This rule does not limit the power of a court to entertain an independent

action to relieve a party from a judgment, order, or proceeding, or to set

aside a judgment for fraud upon the court.

[See Tribal case law for precedent. FRCP 60 may be looked to, and cases

pertaining to this rule may be cited to as persuasive argument]

RULE 78 HARMLESS ERROR

No error in either the admission or the exclusion of evidence and no error or

defect in any ruling or order or in anything done or omitted by the court or

by any of the parties is grounds for granting a new trial or for setting aside a

verdict or vacating, modifying or otherwise disturbing a judgment or order,

unless refusal to take such actions appears to the court inconsistent with

substantial justice. The court at every stage of the proceeding must

disregard any error or defect in the proceeding which does not affect the

substantial rights of the parties.

[See Tribal case law for precedent. FRCP 61 may' be looked to, and cases

pertaining to this rule may be cited to as persuasive argument]

CHAPTER 12: ENFORCEMENT OF JUDGMENTS

RULE 79 AUTOMATIC STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

(a) Judgments

Unless provided by Tribal ordinance or stated herein, no execution shall issue

upon a judgment nor shall proceedings be taken for its enforcement until the

expiration of 10 days after its entry.

(b) Injunctions and Receiverships

An injunction or receivership action shall not be automatically stayed during

the period after it's entry and until appeal is taken from an interlocutory or

final judgment granting, dissolving, or denying an injunction, the Court in its

discretion may suspend, modify, restore, or grant an injunction during the

pendency of the appeal upon such terms as to bond or otherwise as it

considers proper for the security of the rights of the adverse party.

[See Tribal case law for precedent. FRCP 63 may be looked to, and cases

pertaining to this rule may be cited to as persuasive argument]

RULE 80 EXECUTION

(a) Writ of Execution

The Process to enforce a judgment for the payment of money is a writ of

execution, unless the court directs otherwise. In aid of the judgment or

execution, the judgment creditor or a successor in interest, may obtain

discovery from any person, including the judgment debtor, in the manner

provided in Title Two.

[See Tribal case law for precedent. FRCP 64, 69 may be looked to, and cases

pertaining to this rule may be cited to as persuasive argument]

RULE 81 ENFORCEMENT REMEDIES

(a) Judgment Debtor Exam

If, after the time for appeal has run, it is proven thatthe judgment debtor

has not paid the judgment amount in full or is not making payment in a

manner agreed to by the parties, the Court shall order the judgment debtor

to appear before it and answer under oath regarding all his/her personal

property. The court shall then determine what property of the judgment

debtor is available for execution and order the Tribal Police to seize as much

of such property as reasonably appears necessary to pay the judgment.

Failure of the judgment debtor to appear may be deemed a contempt of

court and the court may proceed without such appearance. [Formerly Title 2,

§ 2.6.01]

(b) Other Remedies

At the commencement of and during the course of an action, all remedies

providing for seizure of person or property for the purpose of securing

satisfaction of the judgment ultimately to be entered in the action are

available under the circumstances and in the manner provided by the

existing law of the Hoopa Valley Tribe at the time the remedy is sought. The

available remedies include attachment, garnishment, replevin, sequestration

and other corresponding or equivalent remedies however designated and

regardless of whether the remedy is ancillary to an action or must be

obtained by an independent action.

(1) l\Iotice of Sale

Sale of the seized property shall be at a public auction conducted by the

Tribal Police after giving at lest 30 days public notice by posting notice of the

sale in at least three public places on the reservation. Property shall be sold

in a commercially reasonable manner to the highest bidder who shall make

payment for the property at the time of the sale.

(2) Proceeds from Sale

If the sale results in a higher price than the debt, plus expenses of the sale,

the debtor shall be given the surplus. The judgment shall continue in effect in

the amount not recovered at the sale, plus expenses of the sale.

(3) Mandatorv Escrow Period

After safe, a 60 day escrow period will be provided for the debtor to comply

with the order of the Court. After the escrow period expires, the sale shall be

final. [Formerly Title 2, § 2.6.02]

(4) Record of Sale.

A complete and accurate record of the sale shall be kept including receipts

and descriptions of property and any other information as deemed necessary.

[Formerly Title 2, § 2.6.03]

Other available remedies include attachment, garnishment, and other

corresponding or equivalent remedies however designated and regardless of

whether the remedy is ancillary to an action or must be obtained by an

independent action.

[See Triba I case law for precedent. FRCP 64 may be looked to as to

subsection (b) of this rule, and cases pertaining to the federal rule may be

cited to as persuasive argument]

RULE 82 JUDGMENT OF SPECIFIC ACTS

If a judgment directs a party to execute a conveyance of land or to deliver

deeds or other documents or to perform any other specific act and the party

fails to comply within the time specified, the court may direct the act to be

done at the cost of the disobedient party by some other person appointed by

the court. On application of the party entitled to performance, the Court shall

issue a writ of attachment or sequestration against the property of the

disobedient party to compel obedience to the judgment. The court may also

in proper cases adjudge the disobedient party in contempt.

[See Tribal case law for precedent. FRCP 70 may be looked to, and cases

pertaining to this rule may be cited to as persuasive argumentJ

RULE 83 EXEMPTION FROM EXECUTION

The Court shall only order seizure and sale of such property of the judgment

debtor the loss of which shall not impose an immediate and substantial

hardship on the immediate family of the judgment debtor. Ceremonial

regalia, basketry, and other traditional items used for cultural or religious

purposes are exempt from seizure. Only property of the judgment debtor

him/herself may be subject to execution and not property of his/her family.

[Formerly Title 2, § 2.6.04J

RULE 84 PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES

When an order is made in favor of a person not a party to the action, that

person may enforce obedience to the order by the same process as if a

party. Also, when obedience to an order may be lawfully enforced against a

person not a party, that person is liable to the same process for enforcing

obedience to the order as if a party.

[See Tribal case law for precedent. FRCP 71 may be looked to, and cases

pertaining to this rule may be cited to as persuasive argumentJ

CHAPTER 13: RECOGNITION AND ENFORCEMENT OF FOREIGN

JUDGMENTS

RULE 85 AUTHORITY: PROOF REQUIRED: STANDARDS

(a) Court's Discretion to Recognize

The Court's discretion regarding recognition and enforcement of foreign

judgments is subject to any statutorily enacted provisions of Tribal law. The

Court shall not recognize and enforce any foreign judgment unless the

proponent of the foreign judgment:

(1) Complies with the procedure set forth in Title 2; the jurisdiction of the

Court;

(2.) Submits proof that the foreign court had personal jurisdiction over the

defendant;

(3) Submits proof that the foreign judgment is based on valid subject matter

jurisdiction; and

(4) Submits proof that the foreign judgment is final and that no appeal is

pending.

(b) Factors Weighing Against Recognition

The Court need not recognize a foreign judgment if:

(1) The defendant in the proceedings in the foreign court did not receive

notice of the proceedings in sufficient time to allow him to defend;

(2) The foreign judgment, decree or order violates the Indian Civil Rights Act

of 1968, 25 U.S.c. §§1301-1301;

(3) The foreign judgment was obtained by fraud;

(4) The foreign judgment would require the Hoopa Valley Tribe to waive its

sovereign immunity from actions seeking money judgments, violate any

Tribal law, violate any federal law, or the law of the foreign jurisdiction which

the judgment was obtained;

(5) The causes of action on which the judgment is based is contrary to the

general welfare of the Hoopa Valley Tribe or its members.

RULE 86 FILING PROCEDURES

Any person may apply to the Tribal Court by written application for an order

accepting a civil judgment from another tribal court or a state or federal

court as a judgment of the Hoopa Tribal Court.

Ca) Timing

A foreign judgment may be filed with the court at any time during which it is

legally enforceable in the issuing jurisdiction.

Cb) Filing Requirements

A properly filed foreign judgment shall be docketed and recorded in the Court

in the same manner as other cases pursuant to Title 2, §2.3.02. Proper filing

of a foreign judgment with the Court is accomplished when the proponent

has filed with the Court Clerk:

. (1) A certified copy of the foreign judgment showing the date of its entry in

the foreign court;

(2) The record of any subsequent entries affecting it, such as levies of

execution and payments in partial satisfaction; and

(3) A motion requesting that the Court recognize and enforce the foreign

judgment. The motion must be accompanied by supporting affidavit stating

that the documents filed are what they are purport to be.

Cc) Summons

Upon proper filing of a foreign judgment with the Court, the Court shall issue

a summons directing the defendant to appear on a date not more than 30

days from the date of service and respond to the motion requesting the

Court to recognize and enforce the foreign judgment. Such a summons must

be served on the defendant pursuant to Title 2, §§ 2.3.03; 2.3.04.

Cd) Garnishment or Attachment

Where the proponent of the foreign judgment seeks enforcement of same

through garnishment or attachment, the Wage Garnishment Ordinance, Title

45, also applies.

Ce) Failure to Appear or Respond

Failure to appear as directed by summons or failure to respond to the motion

requesting the Court to recognize and enforce the foreign judgment once

personal jurisdiction over the defendant has been obtained shall not prevent

the Court from ruling on the motion.

RULE 87 REVIEW BY COURT

The Court shall hold a hearing to determine whether to grant or deny the

motion to recognize and enforce the foreign judgment. After hearing oral

argument and reviewing all relevant evidence the Court will decide whether

or not to enter the foreign judgment as a Hoopa Valley Tribal Court

judgment, and shall issue an Order granting or denying the motion. Such an

order is a final judgment of the Court in favor of either the plaintiff or the

defendant to the foreign judgment and is enforceable as such. [Formerly Title

2, §2.7.02]

RULE 88 PAYMENT OF JUDGMENT

Upon the entry of the Order declaring the other Court's jUdgment to be a

judgment of the Hoopa Valley Tribal Court, the provisions of this Code

regarding payment of judgments and execution apply. [Formerly Title 2, §

2.7.03]

CHAPTER 14: CONTEMPT OF COURT

RULE 89 CONTEMPT OF COURT

The Hoopa Valley Tribal Court has the inherent power to adjudge persons to

be in civil contempt of court. The judgment and orders of the court or judge

made in case of contempt are final and conclusive.

RULE 90 ACTS OR OMISSIONS CONSTITUTING CONTEMPT

The following acts or omissions in respect to the tribal court or tribal court

proceedings are contemptuous of the authority of the-court:

(1) Disorderly, contemptuous, or insolent behavior toward the judge while

holding court, tending to interrupt the due course of a judicial proceeding.

(2) A breach of peace, boisterous conduct, or violent disturbance, tending to

interrupt the due course of a judicial proceeding.

(3) Using obscenity or insulting language in referring to the JUdge or

discussing the Judge's decision in your case while in the court building and

with knowledge that the Judge is in hearing range of the comments.

(4) Misbehavior or willful neglect or violation of duty by a spokesperson or

other person in the performance of a judicial service.

(5) Abuse of the process or proceedings of the court, or falsely pretending to

act under authority of an order or process of the court.

(6) Disobedience of any lawful judgment, order, or process of the court.

(7) Unlawfully detaining a witness, or party to an action while going to,

remaining at, or returning from the court where the action is on the calendar

for trial.

(8) Disobedience of a subpoena duly served, or refusing to be sworn or

answer as a witness.

(9) Engaging in Belligerent or abusive behavior toward a member of the

court staff because the staff is complying with Rule 9 of this title.

(10) Any other unlawful interference with the process or proceedings of a

court.

RULE 91 CONTEMPT PROCEEDINGS

(a)Contempt Committed in the Presence of the Court

If a contempt is committed in the presence of the court or of the judge in

chambers or in the clerk's office, it may be penalized summarily. An order of

contempt shall be made reciting the facts as occurring, a finding of civil

contempt, and the penalty imposed.

(b) Contempt Committed Outside the Presence of the Court

If a contempt is not committed in the presence of the court or of the judge in

chambers or in the clerk's office, a contempt proceeding must be based on

an affidavit of the facts constituting the contempt presented to the court and

an order to show cause and notice of hearing must issue and be personally

served on the alleged offending person. The order to show cause and notice

of hearing may be made by means of certified mail, return receipt requested

only if personal service is not possible or jf the alleged offending person

resides outside the exterior boundaries of the Hoopa Valley Indian

Reservation.

RULE 92 PENALTIES FOR CIVIL CONTEMPT

(a) Penalties

The court may impose a fine not to exceed $500 against a person aqjudged

to be in Contempt; may file a complaint with whatever bar association a legal

representative belongs to; and may; where appropriate, refer the matter to

the Humboldt County District Attorney's office for a criminal complaint filing.

(b) Enforcement

Contempt judgments may be enforced in the same manner as other Tribal

Court judgments. This enforcement includes: If a person adjudged to be in

contempt fail to pay the fine when due and is a tribal member, the court may

order assignment of that person's per capita payments. If a person adjudged

to be in contempt fails to pay the fine when due and is an employee of the

Hoopa Valley Tribe, the court may order wage garnishment.

CHAPTER 15: APPEALS

RULE 93 APPELLATE FILINGS

(a) Location

The Location for filing all appellate paperwork is the Hoopa Valley Tribal

Court Clerk's Office.

(b)Number of Copies

Any party filing appellate paperwork must provide four copies of each

document to be filed with the Appellate Court.

RULE 94 STAY OF EXECUTION

(a) Automatic

In any case where a party has perfected his/her right of appeal as

established under Tribal Law and these Rules of Court, a stay of execution of

jUdgment shall be granted automatically upon the payment of any ordered

bond or security by the appellee, and the sentence will not be carried out

unless affirmed by the Court of Appeals; except for the folloWing orders:

(1) a prohibitory or mandatory injunction, either preliminary or permanent

against pollution discharge issued under Title 37 § 3.4

(2) a clean up and removal order of illegally dumped materials against the

party found to be responsible where the materials are hazardous or

otherwise pose a health problem; an injunction, either preliminary or

permanent, against the illegal dumping of materials under 49 HVTC §49.7.3;

(3) those provisions of a judgment or order which award, change, or

otherwise affect the custody, including the right of visitation, of a minor child

in any dependency action under Title 14 or any civil action under Titles 14a.

However, the trial court may in its discretion stay execution of these

provisions pending review on appeal or for any other period or periods that it

may deem appropriate.

(b) Upon Motion of a Party

(1) In Trial Court

A party may file a Motion Requesting a Stay of any Order on Appeal. The

Motion must include the reasons for granting the relief requested and the

facts relied on for the request. The court may condition relief on a party's

filing a bond or other appropriate security to cover all or part of the

Judgment on Appeal

C2} In Appellate Court

A party may file a Motion Requesting a Stay of any Order on Appeal if the

Motion was previously filed in the Trial Court, and denied. The Motion must

include any reasons given by the trial court for its denial of the prior Motion,

the reasons for granting the relief requested and the facts relied on; originals

or copies of affidavits or other sworn statements supporting facts subject to

dispute; and relevant parts of the. record. The court may condition relief on a

party's filing a bond or other appropriate security to cover all or part of the

Judgment on Appeal

When there is a stay of proceedings other than the enforcement of the

judgment, the trial court shall have jurisdiction of proceedings related to the

enforcement of the judgment as well as any other matter embraced in the

action and not affected by the judgment or order appealed from.

RULE 95 APPELLATE HEARING

Within 45 days from the date of written notice of appeal, the appellate court

must convene unless delay is warranted by good cause, to hear the case on

appeal at such place and time as may be designated.

RULE 96 EVIDENCE

The same record and evidence that was used in the Trial Court shall be used

in the appellate proceedings. Only in extreme and rare circumstances which

would affect the proper application of justice and the rights of the appellate

will any additional evidence be allowed in the appellate proceedings.

RULE 97 TAX APPEAL

Any party contesting the assessment of any taxes owed to the Hoopa Valley

Tribe, or any appealing a judgment for taxes owed or a judgment for any

other remedy provided under any tax ordinance of the Tribe, must pay the

assessed tax or judgment, or provided security equal to the amount of such

taxes or judgment, before he/she may appeal under this Chapter. Upon the

payment of such taxes an upon posting of a $100 bond for costs, the

appealing party may be granted a stay of execution as to the part of the

judgment other than the taxes found to be owning, and that of the judgment

shall not be carried out unless and until affirmed by the Court of Appeals.

Any forfeiture of seized goods shall be stayed pending the appeal, and the

Court must hold the goods seized in a safe place until the final resolution of

the case. If the goods are perishable or subject to sharp decline in value, the

Court may sell such goods in a commercially reasonable manner and hold the

amount realized until the final resolution of the case.

CHAPTER 16: MISCELLANEOUS

RULE 98 NET SEIZURE

Where Tribal Law Enforcement has seized a net pursuant to the provisions of

Title 16 of this Code, and has filed a citation with the Tribal Court, the Clerk

must arrange for pu blication of Notice of Citation in the Hoopa Valley People

Newspaper. Publication of such notice must actually occur at least once

before the Tribal Court may act upon the citation. In addition, the Notice of

Citation must be posted by the Court Clerk on the bulletin boards at the

Neighborhood Facility Building, and as Ray's Market in Hoopa.

RULE 99 WORKER'S COMPENSATION FORMS

The Hoopa Valley Tribe and/or the Third Party Administrator must approve

forms for use in Worker's Compensation cases. If no forms have been

officially sanctioned, then a person may use any form, including one of their

own creation, provided it includes the necessary information to put the Tribe

and/or Third party Administrator on notice as to the facts of the claim.

RULE 100 ISSUANCE OF ORDERS IN THE INTEREST OF SUBSTANTIAL

JUSTICE

(a) Unaddressed Questions

Where Tribal statutes and these rules do not expressly address a question,

the Court may issue any order to accomplish substantial justice.

(b) Merits of the Case.

Absent bad faith or willful misconduct of a party, it is in the interests of

substantial justice to rule on the merits of a case.

It is in the interests of substantial justice to allow some leniency for non

represented parties who fail to strictly comply with procedural rules of law,

however, in deciding whether or not to ~xtend this leniency, the court must

weigh the prejudice to the other party; wh.ether or not the Tribal Codes

explicitly address the procedural issue; whether or not the non-represented

party has been previously noticed by the court of their non-compliance, and

if the non-represented has made any good faith efforts to remedy their non

compliance. This court has the discretion to construe any and all documents

filed in the court by pro se litigants in a liberal manner so as to provide for

the just determination of the issues, secure simplicity in procedure, fairness

in administration and/or the elimination of unjustifiable expense or delay.

RULE 101 SAVINGS CLAUSE

If any provision of this Title is declared to be invalid, the remaining

provisions shall not be affected.

Dated: August 15, 2008

,. ;

~icL VU:~d..·

Richard C. Blake

Chief Judge

C, :!5La£L,

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.