Title, Purpose and Definitions ........................................................................2 (2026)

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PUEBLO OF

POJOAQUE

LAW AND ORDER CODE

2026

Table of Contents

Introduction

............................................................................................................................1

Subpart A

Title, Purpose and Definitions ........................................................................2

A-1

Title & Citation ........................................................................................................2

A-2

Purpose.....................................................................................................................2

A-3

Definitions................................................................................................................2

A-4

Pueblo of Pojoaque Legal Name..............................................................................3

Subpart B

Judicial Power and the Courts........................................................................4

B-1

Jurisdiction ...............................................................................................................4

B-2

Judicial Power ..........................................................................................................4

B-3

The Tribal Court ......................................................................................................4

B-4

The Court of Appeals ...............................................................................................5

B-5

Right of Appeal ........................................................................................................6

B-6

Wen Hey Kha Wosatsi Khuu (Path to Wellness) Court ...........................................6

B-7

(***) Wen Hey Kha Wosatsi Khuu (Youth Path to Wellness) Court .......................7

Subpart C

Jurisdiction of the Tribal Court .....................................................................8

C-1

Territorial Jurisdiction of the Tribal Court ..............................................................8

C-2

Personal Jurisdiction ................................................................................................8

C-3

Exclusive Original Jurisdiction ................................................................................9

C-4

Actions By or Against Pueblo Officers or Employees ............................................9

C-5

Civil Jurisdiction ......................................................................................................9

C-6

Criminal Jurisdiction..............................................................................................10

C-7

Probate Jurisdiction ................................................................................................10

C-8

Juvenile Jurisdiction...............................................................................................10

C-9

Service of Process ..................................................................................................10

C-10

Wen Hey Kha Wosatsi Khuu (Path to Wellness) Court Jurisdiction ......................11

C-11

(***) Wen Hey Kha Wosatsi Khuu (Youth Path to Wellness) Court Jurisdiction .11

Subpart D

Administration of the Court .........................................................................13

D-1

Court Rules ............................................................................................................13

D-2

Tribal Court Fees & Costs .....................................................................................13

D-3

Court Fees & Costs Guidelines ..............................................................................14

D-4

Coroners .................................................................................................................15

D-5

Tribal Police ...........................................................................................................15

D-6

Police Training .......................................................................................................15

D-7

Tribal Ranger .........................................................................................................17

D-8

Tribal Ranger Training ..........................................................................................17

D-9

Dismissal ................................................................................................................18

D-10

Return of Equipment ..............................................................................................18

Subpart E

Court Officials ................................................................................................19

E-1

Officers of the Courts.............................................................................................19

E-2

Court Clerk.............................................................................................................19

E-3

Representation Before the Tribal Court .................................................................19

E-4

Tribal Court Standards for Practitioners Appearing Before the Pueblo of Pojoaque

Tribal Court ......................................................................................................19

E-5

Legal Department and Paralegal Fees....................................................................21

E-6

E-7

E-8

Subpart F

F-1

F-2

F-3

F-4

F-5

F-6

F-7

F-8

Subpart G

G-1

G-2

G-3

G-4

G-5

G-6

G-7

G-8

G-9

G-10

G-11

G-12

G-13

G-14

G-15

G-16

G-17

G-18

G-19

G-20

G-21

G-22

G-23

G-24

G-25

G-26

G-27

G-28

G-29

G-30

G-31

G-32

Attorney-Client Privilege .......................................................................................21

Public Records .......................................................................................................21

Copies of Laws ......................................................................................................21

Rules of Procedure – General .......................................................................22

Issuance of Subpoenas ..........................................................................................22

Service of Subpoena .............................................................................................22

Failure to Obey Subpoena .....................................................................................22

Witness Fees .........................................................................................................22

Trial Procedures ....................................................................................................22

Jury Trials .............................................................................................................23

Contempt of Court ................................................................................................24

Notice Code ..........................................................................................................24

Rules of Civil Procedure ................................................................................27

Scope of Rules; Construction; Alternate Source ...................................................27

Sovereign Immunity...............................................................................................28

Time .......................................................................................................................28

Definitions..............................................................................................................28

Jurisdiction .............................................................................................................29

Statute of Limitations.............................................................................................29

Representation........................................................................................................30

Interpreters .............................................................................................................30

Telephonic Appearance .........................................................................................30

Start of a Civil Case ...............................................................................................31

Service and Filing ..................................................................................................31

Pleadings, Motions, and Orders .............................................................................32

Answering the Petition ...........................................................................................33

Form of Pleadings ..................................................................................................34

Amending Pleadings; Dismissing Petition.............................................................35

Pre-Trial Conferences ............................................................................................35

Parties .....................................................................................................................35

Adding Parties to a Case ........................................................................................35

Discovery ...............................................................................................................36

Scheduling Cases for Trial .....................................................................................37

Consolidation; Separate Trials ...............................................................................37

Evidence .................................................................................................................37

Burden of Proof......................................................................................................38

Determination of Foreign Law...............................................................................38

Subpoenas ..............................................................................................................38

Jury Trials ..............................................................................................................38

Jurors ......................................................................................................................39

Special Verdicts .....................................................................................................40

Instructions to the Jury ...........................................................................................40

Directed Verdict; Judgment as a Matter of Law; Judgment Notwithstanding the

Verdict..............................................................................................................40

Findings by the Court.............................................................................................40

Disability or Disqualification of a Judge ...............................................................40

G-33

G-34

G-35

G-36

G-37

G-38

G-39

G-40

G-41

G-42

Subpart H

H-1

H-2

H-3

H-4

H-5

H-6

H-7

H-8

H-9

H-10

H-11

H-12

H-13

H-14

H-15

H-16

H-17

H-18

H-19

H-20

H-21

H-22

H-23

H-24

Subpart I

I-1

I-2

I-3

I-4

I-5

I-6

I-7

I-8

I-9

I-10

Judgment ................................................................................................................41

Default....................................................................................................................41

Summary Judgment ...............................................................................................42

New Trials; Amendments of Judgment .................................................................42

Relief from Judgment or Order ..............................................................................42

Harmless Error .......................................................................................................43

Execution ...............................................................................................................43

Stay of Proceedings to Enforce a Judgment ..........................................................44

Injunction/Restraining Order .................................................................................44

Appeal ....................................................................................................................45

Rules of Criminal Procedure ........................................................................45

Complaints .............................................................................................................45

Arrests ....................................................................................................................47

RESERVED ...........................................................................................................47

Arrest Warrants ......................................................................................................47

Notification of Rights at the Time of Arrest ..........................................................47

Summons in Lieu of a Warrant ..............................................................................47

Hot Pursuit .............................................................................................................47

Search Warrant – Defined ......................................................................................47

Issuance of Search Warrant ...................................................................................47

Execution and Return of Search Warrant ..............................................................48

Search Without a Warrant ......................................................................................48

Contraband, Confiscated and Abandoned Property ...............................................48

Arraignment ...........................................................................................................48

Rights of Accused at Arraignment .........................................................................48

Receipt of Plea at Arraignment ..............................................................................48

Bail – Release Prior to Trial...................................................................................49

Bail – Release by Police Officer ............................................................................49

Bail – Release Pending Appeal ..............................................................................49

Withdrawal of Guilty Plea .....................................................................................50

Commitments .........................................................................................................50

Taking Minor Children into Custody.....................................................................50

Cooperation by Federal Employee.........................................................................51

Searches, Seizures and Forfeitures ........................................................................51

Sentencing .....................................................................................................56

Nature of Sentences ..............................................................................................56

Sentences of Imprisonment ...................................................................................56

Payment of Fines...................................................................................................56

Failure or Inability to Pay Fines............................................................................56

Commutation of Sentence .....................................................................................57

Suspension of Sentence: Probation .......................................................................57

Violation of Suspended Sentence .........................................................................57

Disposition of Fines ..............................................................................................57

Civil Remedies not Precluded ...............................................................................58

Community Service for Pueblo of Pojoaque Tribal Members ...............................58

iii

I-11

I-12

I-13

I-14

I-15

I-16

Subpart J

J-1

J-2

J-3

J-4

J-5

J-6

J-7

J-8

J-9

J-10

J-11

J-12

J-13

J-14

J-15

J-16

J-17

J-18

J-19

J-20

J-21

J-22

J-23

J-24

J-25

Subpart K

K-1

K-2

K-3

K-4

Subpart L

L-1

L-2

L-3

L-4

L-5

L-6

Cost of Incarceration Fines for Criminal Offenses ................................................58

Payroll Policy for Incarcerated Pueblo of Pojoaque Tribal Members ...................58

Weatherization Funds to Pay Debts Owed to the Tribal Government/Tribal Court

..........................................................................................................................58

Weatherization Checks for Incarcerated Felons ....................................................58

Sex Offender Notification Registration .................................................................59

Installment Payments of Tribal Disbursements for Justice-Involved Tribal

Members ..........................................................................................................59

Civil Actions ...................................................................................................60

Judgments – Notice ...............................................................................................60

Law Applicable in Civil Suits ...............................................................................60

Tribal Waivers of Sovereign Immunity ................................................................60

Judgments in Civil Actions ...................................................................................61

Costs in Civil Actions ...........................................................................................61

Payment of Judgments ..........................................................................................61

Full Faith and Credit to Foreign Judgments .........................................................61

Appeal – Timing & Filing Fees ............................................................................62

Processing Foreign Court Orders Regarding Garnishment and Levies ................63

Repossessions ........................................................................................................63

Unlawful Use of Identification Cards and Documents ..........................................63

Civil Liability for Conversion ................................................................................64

Harassment Ordinance ...........................................................................................64

Firearms Registration .............................................................................................65

Limited Liability of Hotelkeepers to Guests on the Pueblo of Pojoaque ..............65

Threats or Physical Harm to Elected or Appointed Officials ................................65

Heroin Control Act ................................................................................................66

Graffiti and Vandalism Ordinance .........................................................................67

Civil Forfeiture Code .............................................................................................68

Skateboard, Scooter, Roller Skates, and Bicycles Ordinance ................................70

Incorporation of Subpart M as Civil Infractions ....................................................71

Housing Code.........................................................................................................74

Leasehold Mortgages .............................................................................................90

Installment Payments for Members Struggling with Substance Misuse .............101

Illegal Opioids and Stimulants Control Act .........................................................102

Domestic Relations .......................................................................................104

Marriage and Divorce ..........................................................................................104

Determination of Heirs ........................................................................................106

Probate of Wills ...................................................................................................106

Domestic Violence Ordinance .............................................................................107

The Children’s Code (2022 Restatement) ..................................................108

Statement of Policy .............................................................................................108

Definitions...........................................................................................................109

Children’s Court Established ..............................................................................114

Jurisdiction of the Pueblo of Pojoaque Children’s Court ...................................115

Children’s Court Rules of Procedure - General ..................................................117

Duty to Report Child Abuse and Neglect ..........................................................119

L-7

L-8

L-9

L-10

L-11

L-12

L-13

L-14

L-15

L-16

L-17

L-18

L-19

L-20

L-21

L-22

L-23

L-24

L-25

L-26

Subpart M

M-1

M-2

M-3

M-4

M-5

M-6

M-7

M-8

M-9

M-10

M-11

M-12

M-13

M-14

M-15

M-16

M-17

M-18

M-19

M-20

M-21

M-22

M-23

M-24

M-25

Child Abuse and Neglect Investigations/Interagency Cooperation ....................120

Taking a Child into Protective Custody ..............................................................122

Placement Preferences ........................................................................................123

Initiating Children’s Court Proceedings .............................................................124

Children’s Court First Hearing ...........................................................................126

Guardian ad Litem/Youth Attorney ....................................................................128

Active Efforts/Case Plan/Staffings ....................................................................129

Out of Home Placement Status Hearings and Updates .......................................130

Adjudication/Fact Finding Hearing ....................................................................130

Order after an Adjudication of Abuse or Neglect ...............................................131

Permanency Review/Status Conferences. ...........................................................133

Juvenile Delinquency Proceedings .....................................................................134

Confidentiality and Destruction of Records. ......................................................135

Permanent Suspension or Termination of Parental Rights. ................................135

Adoption .............................................................................................................144

School Attendance Policy ...................................................................................148

Policy and Procedures of Child Protection Team ...............................................148

Foster Care Standards .........................................................................................150

Forgiveness of Foster Care Debt.........................................................................158

Curfew for Minors ..............................................................................................159

Criminal Offenses ........................................................................................161

Definitions............................................................................................................161

Abduction .............................................................................................................161

Aiding and Abetting .............................................................................................162

Assault..................................................................................................................162

Battery ..................................................................................................................162

Bigamy .................................................................................................................163

Bribery – Giving ..................................................................................................163

Bribery – Receiving .............................................................................................163

Bribery – Soliciting ..............................................................................................163

Carrying a Concealed Weapon ............................................................................164

Child Molesting ...................................................................................................164

Conspiracy ...........................................................................................................165

Contributing to the Delinquency of a Minor........................................................165

Criminal Negligence ............................................................................................165

Criminal Trespass ................................................................................................166

Cruelty to Animals ...............................................................................................166

Disobedience of Lawful Order of the Court ........................................................166

Disorderly Conduct ..............................................................................................166

Disposing of Property of an Estate ......................................................................167

Escape ..................................................................................................................167

Extortion ..............................................................................................................167

Failure to Submit to Treatment for a Contagious Disease ...................................168

Failure to Send Children to School ......................................................................168

Failure to Support ................................................................................................168

Forgery .................................................................................................................169

M-26

M-27

M-28

M-29

M-30

M-31

M-32

M-33

M-34

M-35

M-36

M-37

M-38

M-39

M-40

M-41

M-42

M-43

M-44

M-45

M-46

M-47

M-48

M-49

M-50

M-51

M-52

M-53

M-54

M-55

M-56

M-57

M-58

M-59

M-60

Subpart N

N-1

N-2

N-3

N-4

N-5

N-6

N-7

N-8

N-9

Fraud ....................................................................................................................169

Gambling..............................................................................................................169

Unlawful Restraint ...............................................................................................170

Indecent Exposure ................................................................................................170

Inhaling Toxic Vapors .........................................................................................170

Interfering with an Officer ...................................................................................170

Joyriding ..............................................................................................................171

Liquor Violation...................................................................................................171

Littering................................................................................................................171

Maintaining a Public Nuisance ............................................................................172

Misusing Property ................................................................................................172

Narcotics and Dangerous Drugs ..........................................................................172

Perjury ..................................................................................................................172

Possession of Marijuana ......................................................................................173

Prostitution ...........................................................................................................173

Public Intoxication ...............................................................................................173

Receiving Stolen Property ...................................................................................173

Refusing to Aid an Officer ...................................................................................173

Removal or Destruction of Antiquities ................................................................174

Shoplifting............................................................................................................174

Theft .....................................................................................................................175

Unlawful Burning ................................................................................................175

Malicious Mischief ..............................................................................................175

Driving Under the Influence of Intoxicating Liquor or Drug ..............................175

Possession of a Weapon While Under the Influence of Intoxicating Liquor or Drug

........................................................................................................................176

Shooting in Residential Areas ..............................................................................177

Threats or Physical Harm to Elected or Appointed Officials ..............................177

Act to Deter the Harboring of Fugitives and Criminals .......................................178

Disenrollment Policy for Enrolled Members Convicted of Trafficking ..............179

Trafficking in Illegal Drugs .................................................................................179

Dangerous Drugs Policy ......................................................................................180

Heroin Control Act ..............................................................................................181

Prohibited Cannabis Activities ...........................................................................182

Illegal Opioids and Stimulants Control Act ........................................................183

Crimes of Special Tribal Criminal Jurisdiction ..................................................185

Land, Livestock and Area Regulations ......................................................194

Cutting Green Timber without Permission ..........................................................194

Branding Livestock of Another ...........................................................................194

Failure to Control Livestock – Diseases or Parasites...........................................194

Game Violation ....................................................................................................194

Grazing, Introduction without a Permit ...............................................................195

Making False Reports of Stock Owned ...............................................................195

Refusal to Brand or Mark Livestock ....................................................................195

Refusal to Dispose a Cull or Infected Animal .....................................................195

Unauthorized Use of Range .................................................................................196

N-10

N-11

N-12

N-13

N-14

N-15

N-16

N-17

Subpart O

O-1

O-2

O-3

O-4

O-5

O-6

O-7

O-8

O-9

Subpart P

P-1

P-2

P-3

P-4

P-5

P-6

P-7

P-8

P-9

P-10

P-11

Subpart Qa

Qa-1

Qa-2

Qa-3

Qa-4

Qa-5

Qa-6

Qa-7

Qa-8

Qa-9

Qa-10

Qa-11

Qa-12

Qa-13

Qa-14

Qa-15

Unauthorized Fencing ..........................................................................................196

Violation of Regulation........................................................................................196

Other Actions not Precluded ................................................................................196

Pit Bull and Staffordshire Terriers Regulations ...................................................197

Animal Control Regulations ................................................................................197

Vicious Animal Ordinance ..................................................................................198

Land Assignments ................................................................................................198

Farm Animals.......................................................................................................203

Traffic Violations .........................................................................................208

New Mexico State Motor Vehicle Code Incorporated ........................................208

Enactment of the Civil Traffic Code ....................................................................208

Reservation of Civil Jurisdiction in Highway Construction Rights of Way ........208

Prohibiting the Use of Jake Brakes ......................................................................209

All-Terrain Vehicles (ATVs), Motorbikes and Off-Highway Vehicles ..............209

Highway Construction Ordinance to Double Civil Traffic Fines ........................209

Highway Safety Corridor Fines for State Road 502 ............................................209

Confiscation of Unregistered/Uninsured Motor Vehicles ...................................209

Stopping, Standing and Parking Ordinance .........................................................210

Removal and Exclusion ...............................................................................217

Who May be Removed .......................................................................................217

Hearing, Removal and Release ...........................................................................217

Delivery to State or Federal Authorities .............................................................217

Illegal Aliens & Unauthorized Persons...............................................................217

Household Residency Restrictions .....................................................................218

RESERVED ........................................................................................................218

Orders of Exclusion/Removal of Non-Members ................................................218

Exclusion of Sexual Offenders ...........................................................................219

Exclusion from Entering Gaming Facilities and Parking Areas .........................219

Apprehension in Reservation Area ......................................................................222

Hearing and Release ............................................................................................222

Secured Transaction Code ..........................................................................223

Part 1 General Provisions...................................................................................223

Short Title ...........................................................................................................223

Sovereign Immunity............................................................................................223

Purpose................................................................................................................223

No Application To Property Not Alienable ........................................................223

Reserved ..............................................................................................................223

General Definitions .............................................................................................223

Notice- Knowledge .............................................................................................238

Value ...................................................................................................................239

Lease Distinguished from Security Interest ........................................................239

General Scope .........................................................................................................1

Excluded Transactions ............................................................................................2

Administration of Code...........................................................................................3

Obligation of Good Faith ........................................................................................3

Course of Performance, Course of Dealing and Usage of Trade ............................3

vii

Qa-16

Qa-17

Qa-18

Qa-19

Qa-20

Qa-21

Qa-22

Qa-23

Qa-24

Qa-25

Qa-26

Qa-27

Qa-28

Qa-29

Qa-30

Qa-31

Qa-32

Qa-33

Qa-34

Qa-35

Qa-36

Qa-37

Qa-38

Qa-39

Qa-40

Qa-41

Qa-42

Qa-43

Qa-44

Qa-45

Qa-46

Qa-47

Qa-48

Qa-49

Qa-50

Purchase- Money Security Interest .........................................................................4

Sufficiency of Description ......................................................................................6

Parties’ Power to Choose Applicable Law .............................................................6

General Effectiveness Of Security Agreement § 9-201 ...........................................6

Attachment And Enforceability Of Security Interest; Proceeds; Formal Requisites

............................................................................................................................7

After-Acquired Collateral; Future Advances ...........................................................8

Rights And Duties When Collateral Is In Secured Party’s Possession Or Control 8

Additional Duties Of Certain Secured Parties ........................................................9

No Interest Retained In Right To Payment That Is Sold; Retained Power Of Seller

Of Account Or Chattel Paper .............................................................................9

Request For Accounting; Request Regarding List Of Collateral Or Statement Of

Account ............................................................................................................10

PART 3- PERFECTION AND PRIORITY ..........................................................10

Law Governing Perfection And Priority Of Security Interests .............................10

RESERVED ..........................................................................................................11

Law Governing Perfection And Priority Of Security Interests In Goods Covered

By A Certificate Of Title .................................................................................11

RESERVED ..........................................................................................................11

RESERVED ..........................................................................................................12

When Security Interest Or Agricultural Lien Is Perfected; Continuity Of Perfection

..........................................................................................................................12

Security Interest Perfected Upon Attachment.......................................................12

When Filing Required To Perfect Security Interest Or Agricultural Lien; Security

Interests And Agricultural Liens To Which Filing Provisions Do Not Apply 13

Perfection Of Security Interests In Property Subject To Certain Laws, Regulations,

And Treaties .....................................................................................................14

Perfection Of Security Interests In Chattel Paper, Deposit Accounts, Documents,

Goods Covered By Documents, Instruments, And Money; Perfection By

Permissive Filing; Temporary Perfection Without Filing Or Transfer Of

Possession ........................................................................................................14

When Possession By Secured Party Perfects Security Interest Without Filing ....16

Perfection By Control ...........................................................................................17

Secured Party’s Rights On Disposition Of Collateral And In Proceeds ...............17

Continued Perfection Of Security Interest Following Change In Governing Law

..........................................................................................................................18

Interests That Take Priority Over Security Interest Or Agricultural Lien ............20

Particular Priority Rules ........................................................................................21

Priority Of Security Interests In Fixtures And Crops ...........................................25

Accessions.............................................................................................................26

Commingled Goods ..............................................................................................27

Priority Of Security Interests In Goods Covered By Certificate Of Title.............28

Priority Subject To Subordination ........................................................................28

Alienability Of Debtor’s Rights ............................................................................28

viii

Qa-51

Qa-52

Qa-53

Qa-54

Secured Party Not Obligated On Contract Of Debtor Or In Tort ..........................28

Rights Of Assignee ...............................................................................................28

Restrictions On Assignment .................................................................................30

Acceptance, Refusal, And Effectiveness Of Financing Statement; Administration

..........................................................................................................................31

Qa-55

Contents Of Records; Authorization; Lapse; Continuation; Termination ............32

Qa-56

Claim Concerning Inaccurate Or Wrongfully Filed Record .................................34

Qa-58

Rights After Default; Judicial Enforcement; Consignor Or Buyer Of Accounts,

Chattel Paper, Payment Intangibles, Or Promissory Notes .............................35

Qa-59

Waiver And Variance Of Rights And Duties ........................................................36

Qa-60

Agreement On Standards Concerning Rights And Duties ....................................37

Qa-61

Procedure If Security Agreement Covers Real Property Or Fixtures ...................37

Qa-62

Unknown Debtor Or Secondary Obligor ..............................................................37

Qa-63

Time Of Default For Agricultural Lien ................................................................38

Qa-64

Collection And Enforcement By Secured Party ...................................................38

Qa-65

Application Of Proceeds Of Collection Or Enforcement; Liability For Deficiency

And Right To Surplus ......................................................................................39

Qa-66

Secured Party’s Limited Right To Take Possession After Default.......................39

Qa-67

Disposition Of Collateral After Default ................................................................40

Qa-68

Notification Before Disposition Of Collateral ......................................................41

Qa-69

Timeliness Of Notification Before Disposition Of Collateral ..............................42

Qa-70

Contents And Form Of Notification Before Disposition Of Collateral ................42

Qa-71

RESERVED ..........................................................................................................43

Qa-72

Application Of Proceeds Of Disposition; Liability For Deficiency And Right To

Surplus .............................................................................................................43

Qa-73

Explanation Of Calculation Of Surplus Or Deficiency ........................................44

Qa-74

Rights Of Transferee Of Collateral .......................................................................45

Qa-75

Rights And Duties Of Certain Secondary Obligors ..............................................45

Qa-76

TRANSFER OF RECORD OR LEGAL TITLE ..................................................46

Qa-77

Acceptance Of Collateral In Full Or Partial Satisfaction Of Obligation;

Notification Of Proposal; Effect Of Acceptance; Compulsory Disposition Of

Collateral ..........................................................................................................46

Qa-78

RESERVED ..........................................................................................................48

Qa-79

RESERVED ..........................................................................................................48

Qa-80

Right To Redeem Collateral .................................................................................48

Qa-81

Waiver ...................................................................................................................48

Qa-82

Remedies For Secured Party’s Failure To Comply With Code ...........................48

Qa-83

Action In Which Deficiency Or Surplus Is In Issue .............................................50

Qa-84

Determination Of Whether Conduct Was Commercially Reasonable .................50

Qa-85

Nonliability And Limitation On Liability Of Secured Party; Liability Of Secondary

Obligor .............................................................................................................51

Qa-86

Attorney’s Fees In Certain Transactions...............................................................52

Qa-87

Severability ...........................................................................................................52

Qa-88

Effective Date .......................................................................................................53

Subpart Qb

Elections and Conduct ...................................................................................53

Qb-1

Elections ................................................................................................................53

Qb-2

Subpart R

R-1

R-2

R-3

R-4

R-5

R-6

Subpart S

S-1

S-2

S-3

S-4

Subpart T

T-1

T-2

T-3

T-4

T-5

T-6

T-7

Subpart U

U-1

U-2

U-3

U-4

U-5

Subpart V

V-1

V-2

V-3

V-4

V-5

V-6

V-7

V-8

V-9

V-10

V-11

V-12

V-13

V-14

V-15

V-16

Code of Conduct ...................................................................................................53

Business and Commercial Activities ............................................................67

Gaming Ordinance .................................................................................................67

Consumer Financial Services Regulatory Code ....................................................68

Professional Athletic Competition Code ...............................................................92

Tort Claims ..........................................................................................................101

Economic Development Plan Ordinance .............................................................107

Commercial Cannabis Activity Code ..................................................................115

Employment Law & Labor Relations ........................................................125

Drug and Alcohol Testing Policy for Employees of the Pueblo of Pojoaque Tribal

Government....................................................................................................125

Drug-Free Workplace Act ...................................................................................128

Labor Organization Ordinance ...........................................................................129

Tribal Employment Rights Office Ordinance .....................................................134

The Environment, Water and Natural Resources ....................................143

Dumping and Trespassing....................................................................................143

Hazardous and Unsightly Conditions in Butterfly Springs Mobile Home Park ..144

Inoperative Vehicles ............................................................................................144

Rules and Regulations Related to Water and Wastewater Systems ....................145

Emergency Pollution Abatement .........................................................................145

Utility Board Ordinance .......................................................................................147

Solid Waste Management Ordinance...................................................................166

General Welfare ...........................................................................................187

Drug and Alcohol Testing Policy for Persons Requesting or Receiving Assistance

........................................................................................................................187

Liquor Control Act ...............................................................................................188

Tribal Elections ....................................................................................................192

Tribal Historic Preservation .................................................................................194

Photography on the Pueblo ..................................................................................201

Taxation ........................................................................................................202

Definitions............................................................................................................202

Tax Commission Organization ............................................................................203

Pueblo of Pojoaque Tax Director .........................................................................204

Bookkeeping and Records ...................................................................................206

Promulgation of Regulations ...............................................................................206

Collection Actions ...............................................................................................207

Formal Conference with Director ........................................................................207

Appeal to Commission.........................................................................................208

Disposition of Tax Revenues; Refunds................................................................208

Failure of Notice ..................................................................................................209

Fines and Interest .................................................................................................209

Sovereign Immunity.............................................................................................209

Confidentiality .....................................................................................................209

Utility Tax ............................................................................................................210

Utility Tax – Valuation; Assessment and Payment; Extensions..........................211

Utility Tax – Utility Delivery ..............................................................................212

V-17

V-18

V-18-1

V-19

V-20

V-21

V-22

V-23

V-24

Utility Tax – Designation of Individual ...............................................................212

Gross Receipts Tax ..............................................................................................212

Gaming Device Receipts Tax ..............................................................................213

Gasoline Tax ........................................................................................................214

Lodger’s Tax ........................................................................................................214

Cigarette Tax ........................................................................................................214

Liquor Excise Tax ................................................................................................214

Gaming Tax .........................................................................................................214

Exemptions ..........................................................................................................215

Introduction

The will of the Pueblo of Pojoaque is expressed only through its Tribal Council (collectively

comprised of a General Council and a Regular Council). The General Council is the highest

authority within the Pueblo. The General Council meets once every two years or at the call of the

Governor and is composed of all enrolled members over the age of 18. All General Council

members may vote on issues before the General Council. Every two years, on even-numbered

years, the General Council elects the Tribal Officials. The Tribal Officials are the Governor,

Lieutenant Governor, Secretary, and Treasurer. The Tribal Officials are responsible for the dayto-day operations and are the external representatives of the Pueblo. The General Council has given

the Regular Council the authority to make decisions on its behalf; however, these decisions can be

reconsidered by the General Council.

The Regular Council is responsible for passing resolutions, setting policy and making decisions

between meetings of the General Council. The Regular Council currently meets every first and

third Thursday of each month and any enrolled member over the age of 18 may attend. The

Governor presides over all Tribal Council meetings.

The Pueblo of Pojoaque Law and Order Code is enacted pursuant to the inherent sovereign tribal

powers expressly delegated to the Regular Council, which is authorized to promulgate and enforce

law and ordinances providing for the maintenance of law and order and the administration of

justice within the Pueblo’s jurisdiction and on Pueblo lands; to administer and protect Pueblo lands

and property; to exclude individuals not legally entitled to remain thereon; to regulate the conduct

of trade and the use and disposition of property; to engage in economic activities that will promote

the health, peace, morals, education, and welfare of the Pueblo and its Members and their families;

and to perform other routine governmental functions.

The Pueblo of Pojoaque Law and Order Code in its entirety was originally approved by the Tribal

Council on or around March 1, 1983 and re-codified on December 19, 2013. The Code is a

systematic collection of the Pueblo’s laws arranged by subject matter. Subsequent to its original

enactment, the Tribal Council has amended or changed various sections of the Code through the

passage of Resolutions.

An updated version of the 2013 Law and Order Code is released each year. This 2023 version of

the Pueblo of Pojoaque Law and Order Code incorporates additions, amendments, and

revisions of the Pueblo’s laws as of September 30, 2022. Individuals should consult the Law and

Order Code Supplement concerning ordinances and Resolutions passed subsequent to that date.

Subpart A

A-1

Title, Purpose and Definitions

Title & Citation

(a) Title. These various Subparts and Sections contained herein are organized into a

comprehensive set of laws and shall be known as the “Pueblo of Pojoaque Law and Order

Code.”

(b) Organization. The Pueblo of Pojoaque Law and Order Code shall be organized in groups

of resolutions, codes, acts or ordinances and/or governing documents with similar subject

matter. Each subject matter grouping shall be designated as a Subpart and identified by an

alphanumeric designation and caption (e.g., Subpart A Title, Purpose and Definitions). Each

resolution, code, act or ordinance shall be given a Section number (e.g., “A-1 Title &

Citation”).

Subpart, Section and Subsection in parenthesis (e.g., “PPLOC Subpart A” or “PPLOC A1(c)”). Whenever a reference is made to the Pueblo of Pojoaque Law and Order Code, or to

any governing document of the Pueblo codified herein, the reference shall apply to all

amendments now and hereinafter made.

A-2

Purpose

(a) It is the purpose of this Law and Order Code to strengthen Tribal self-government, provide

for the judicial needs of the Pueblo, and ensure maintenance of the law and order within the

exterior boundaries of the Pueblo of Pojoaque.

(b) This Law and Order Code shall supersede all governing documents inconsistent herewith

and applicable prior to the approval of this Code.

required Tribal Council approval. After such approval, these revisions or amendments shall

become part of the Law and Order Code. No revisions or amendments shall require further

approvals.

(d) The laws in the Code shall be enforced by the Pueblo of Pojoaque.

A-3

Definitions

In this Code, unless the context otherwise requires:

(a) “Adult” shall mean a person who is eighteen (18) years of age or older.

(b) “Code” and “Law and Order Code” shall mean the Pueblo of Pojoaque Law and Order

Code.

(d) “Indian” shall mean any person who is a member of any Indian tribe recognized by Federal

or state jurisdiction, or who is an Alaska Native and member of a Regional Corporation as

defined in 1606 of title 43, United States Code.

(e) “Indian child” means any unmarried person who is under age eighteen and is either (a) a

member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the

biological child of a member of an Indian tribe.

(f) “Juvenile Court” shall mean the judge(s) of the Tribal Court specifically convened to

preside over proceedings involving a juvenile person.

(g) “Non-Indian” shall mean a person who is not an Indian.

(h) “Person” shall mean a natural person, a corporation or unincorporated Indian association,

except as defined under Subpart M.

(i) “Property” shall mean both real and personal property.

(j) “Pueblo” shall mean the Pueblo of Pojoaque.

(k) “Pueblo Courts” shall mean the Tribal Court and Court of Appeals for the Pueblo of

Pojoaque.

(l) “Tribal Council” or “Council” shall mean the regular Tribal Council of the Pueblo of

Pojoaque which is responsible for passing resolutions, setting policy and making decisions

between meetings of the General Council, unless otherwise specifically stated otherwise.

(m) “Tribal Court” shall mean the trial court for the Pueblo of Pojoaque, composed according

to Subpart D.

(n) “Tribal Member” “Enrolled Member” or “Member” shall mean an enrolled member of the

Pueblo of Pojoaque, unless otherwise specifically indicated.

(o) “Tribal Official” shall mean a duly elected leader of the Pueblo holding office at the time

of the occurrence.

(p) “Tribal Police” shall mean the Pueblo of Pojoaque Tribal Police Department.

(q) “Tribal Ranger” shall mean a tribal officer responsible for protecting tribal lands, cultural

sites and trust lands be enforcing tribal laws and ordinances.

A-4

Pueblo of Pojoaque Legal Name

(a) The legal name of the Pueblo is “Pueblo of Pojoaque” not “Pojoaque Pueblo.”

(b) All Pueblo of Pojoaque entities and enterprises shall use only the legal name of the Pueblo

in all circumstances and the name Pojoaque Pueblo shall be changed to Pueblo of Pojoaque on

all signs and stationery as soon as possible.

Subpart B

B-1

Judicial Power and the Courts

Jurisdiction

The Pueblo of Pojoaque has jurisdiction over its Members and within the exterior boundaries

of the Pueblo, subject to some exceptions. Jurisdictional rules are set forth in greater detail in

Subpart C.

B-2

Judicial Power

(a) The judicial powers of the Pueblo of Pojoaque shall be vested in an Appeals Court and a

Tribal Court and shall extend to all cases and controversies in law and equity arising under and

authorized by the duly enacted laws of the Pueblo of Pojoaque Tribal Council.

(b) The Court of Appeals and the Tribal Court shall have, but are not limited to the following

powers:

1. To punish for contempt any of its officers or other persons present at judicial

proceedings.

2. To compel witnesses to attend and testify and produce documents or other tangible

objects to be used as evidence, provided that a defendant in a criminal trial may not be

compelled to be a witness against himself.

B-3

The Tribal Court

(a) Composition. The Tribal Court shall be referred to as the Tribal Court, and shall consist

of a Chief Judge appointed by the Tribal Council, whose duties shall be full time and one or

more Associate Judges may be called to serve when the occasion arises. The Associate Judges

may be hired on contract and compensated on a per diem basis.

(b) Court Sessions. Regular sessions of the Tribal Court shall be held on work days at times

and places designated by the Chief Judge.

eligible to serve as Judge of the Pueblo of Pojoaque Tribal Court. The prospective Judge shall

appear before the Tribal Council and submit to a background interview and present their

qualifications. If the prospective Judge does not have a law degree, they shall complete a

course of training in judicial proceedings within six (6) months after being appointed to the

position.

(d) Disqualification of Presiding Judge. No Judge shall hear or determine any case wherein he

has an interest or wherein any relative, by marriage or blood in the first or second degree is a

party. Any party to a proceeding may raise the issue of the qualification of the Judge to hear

the case.

(e) Removal. Any Judge of the Tribal Court may be suspended, dismissed or removed by the

Tribal Council for any of the following reasons:

1. Conviction of a felony in any court.

2. Conviction of any offense involving moral turpitude in any court.

3. Conviction of the offense of disorderly conduct.

4. Being under the influence of alcoholic beverages while presiding over Court.

5. Any other conduct unbecoming to a Judge of the Pueblo of Pojoaque Tribal Court.

(A Judge shall be given full and fair opportunity to reply to any and all charges for which he

or she may be removed from his judicial office.

B-4

The Court of Appeals

(a) Jurisdiction. The Court of Appeals shall have jurisdiction to hear appeals from final

orders and final judgments of the Tribal Court.

(b)

Composition. The Court of Appeals shall consist of either the Pueblo of Pojoaque

Tribal Council with the Governor presiding as Judge or a special appellate court as

appointed by the Governor.

(c)

Sessions. The Court of Appeals may consider the appeal during a regularly

scheduled Tribal Council meeting or at a special appellate court meeting.

(d)

Only the Tribal Court Judge may stay a sentence or decision pending the appeal

process.

(e)

Criminal Appeals. A person convicted of a violation of the Pueblo of Pojoaque

Law and Order Code may appeal the conviction to the Court of Appeals by filing a written

notice with the Tribal Council Secretary. The written notice must be filed within ten (10)

calendar days after the finding of guilt by the Tribal Court.

(f)

Civil Appeals. The decision of the Tribal Court or jury may be appealed to the

Court of Appeals by filing a written notice with the Tribal Council Secretary. The written

notice must be filed within ten (10) calendar days after the final decision.

(g)

All written notices of appeal shall include the specific order of the Tribal Court or

jury that is appealed. The written notice shall also include the remedy requested.

B-5

Right of Appeal

(a) Any party to a case, other than the prosecution in a criminal case, who is aggrieved by a

final order or final judgment of the Tribal Court, shall have the right to appeal to the Court of

Appeals.

(b) The appealing party shall file with the Governor of the Pueblo of Pojoaque a notice of

appeal, along with a filing fee of one hundred dollars ($100.00) within ten (10) days after the

entry of the final order or final judgment from which appeal is taken. The filing fee may be

waived in the appeal of a criminal conviction if the defendant files an affidavit swearing that

he is without funds to pay the filing fee. If the Pueblo of Pojoaque Court of Appeals finds that

the defendant is without funds to pay the filing fee, it shall order that the fee be permanently

waived.

shall order the judgment or order reversed or may remand the case for retrial:

1. Irregularities in the proceedings or conduct by the jury, adverse party, or his counsel

prejudicial to the appellant;

2. Any ruling, order, or abuse of discretion which may have prevented a fair trial;

3. Newly discovered evidence which could not, with reasonable diligence, have been

produced at trial;

4. Insufficient evidence to support the verdict;

5. Any error of law occurring at the trial prejudicial to the appellant; or

6. Any other reason which would warrant reversal by a court when reviewing a similar

appeal.

(d) If the Court of Appeals finds that reversal under Paragraph (c) of this section is

unwarranted, it shall affirm the judgment or order appealed from; no further appeal shall

thereafter be permitted.

B-6

Wen Hey Kha Wosatsi Khuu (Path to Wellness) Court

(a) The Wen Hey Kha Wosatsi Khuu (Path to Wellness) Court is established as a trial court of

special jurisdiction with authority to hear all cases referred to it pursuant to the laws of the

Pueblo of Pojoaque.

(b) Composition. The Chief Judge of the Tribal Court or an Associate Judge appointed by

Tribal Council will preside over the Path to Wellness Court. The Path to Wellness Team,

composed according to the Path to Wellness Policies and Procedures Manual, will assist in

day-to-day operations and development of the Path to Wellness Court.

Judge throughout the duration of their participation.

(d) Policies and Procedures. The Path to Wellness Team shall promulgate policies and

procedures to address the issues of confidentiality, treatment, sanctions, community

involvement, and all other necessary components of Healing to Wellness Courts. The Path to

Wellness Court will adhere to all rules and guidelines of the Path to Wellness Policies and

Procedures Manual.

B-7

(***) Wen Hey Kha Wosatsi Khuu (Youth Path to Wellness) Court

(a) The (***) Wen Hey Kha Wosatsi Khuu (Youth Path to Wellness) Court is established as a

trial court of special jurisdiction with authority to hear all cases referred to it pursuant to the

laws of the Pueblo of Pojoaque.

(b) Composition. The Chief Judge of the Tribal Court or an Associate Judge appointed by

Tribal Council will preside over the Youth Path to Wellness Court. The Youth Path to Wellness

Team, composed according to the Youth Path to Wellness Policies and Procedures Manual,

will assist in day-to-day operations and development of the Youth Path to Wellness Court.

before the Judge throughout the duration of their participation.

(d) Policies and Procedures. The Youth Path to Wellness Team shall promulgate policies and

procedures to address the issues of confidentiality, treatment, incentives and sanctions,

community involvement, and all other necessary components of evidence-based Juvenile

Healing to Wellness Courts. The Youth Path to Wellness Court will adhere to all rules and

guidelines of the Youth Path to Wellness Policies and Procedures Manual.

Subpart C

C-1

Jurisdiction of the Tribal Court

Territorial Jurisdiction of the Tribal Court

Jurisdiction of the Pueblo of Pojoaque Tribal Court shall extend to all territory within the

present exterior boundaries of the Pueblo and all roads, water and to any lands which may be

added to the Pueblo in the future or which may become subject to the jurisdiction of the Pueblo.

C-2

Personal Jurisdiction

(a) As used in these jurisdictional provisions, the word “person” shall include any individual,

firm, company, association, or corporation.

(b) Subject to any contrary provisions, exceptions or limitations contained in either federal law

or as expressly stated elsewhere in this Law and Order Code, the Tribal Court shall have

jurisdiction over the following persons:

1. Any person residing, located or present within the Pueblo for:

A. Any civil cause of action; or

B. Any charge of criminal offense prohibited by this code or other ordinance of the

Pueblo when the offense is alleged to have occurred within the Pueblo.

2. Any person who transacts, conducts, or performs any business or activity within the

Pueblo, either in person or by an agent or representative, for any civil cause of action or

charge of criminal offense for any act expressly prohibited by this Law and Order Code or

other ordinances adopted by the Tribal Council.

3. Any person who owns, uses or possesses any property within the exterior boundaries

of the Pueblo, f or any civil cause of action or charge of criminal offense prohibited by this

Code of other ordinances of the Tribe arising from such ownership, use or possession.

4. Any person who commits a tortious act or engages in tortious conduct within the

exterior boundaries of the Pueblo, either in person or by an agent or representative, for any

civil cause of action arising from such act or conduct.

5. Any person who commits a criminal offense prohibited by this code or other ordinance

of the Pueblo, by his or her own conduct or the conduct of another for which he is legally

accountable, if:

A. The conduct occurs either wholly or partly within the Pueblo;

B. The conduct which occurs outside the Pueblo constitutes an attempt, solicitation,

or conspiracy to commit an offense within the Pueblo, and an act in furtherance of the

attempt or conspiracy occurs within the Pueblo; or

C. The conduct which occurs within the Pueblo constitutes an attempt, solicitation, or

conspiracy to commit in another jurisdiction an offense prohibited by this Code or

ordinances of the Pueblo and such other jurisdiction.

be established upon any one or more of them as applicable.

C-3

Exclusive Original Jurisdiction

(a) The Pueblo Courts shall have exclusive original jurisdiction in all matters in which the

Pueblo or its officers or employees are parties in their official capacities.

(b) Nothing contained in Subsection (a) or elsewhere in this Code shall be construed as a

waiver of the sovereign immunity of the Pueblo or its officers or enterprises unless specifically

denominated as such.

C-4

Actions By or Against Pueblo Officers or Employees

(a) In any action otherwise authorized by or against the Pueblo or its officers or employees

arising from the performance of their official duties, the following modifications to the rules

or procedures set forth in this Law and Order Code shall apply:

1. Neither the Pueblo nor its officers or employees when involved in a civil action arising

from the performance of their official duties shall be liable for the payment of the costs or

expenses of the opposing party.

2. Neither the Pueblo nor its officers or employees when involved in a civil action arising

from the performance of their official duties shall be required to post security by bond or

otherwise for any purpose.

3. No civil action brought against the Pueblo or its officers and employees arising from

the performance of their official duties shall be tried before a jury. All such actions shall

be tried before a Tribal Court Judge.

4. In an action against the Pueblo, or its officers or employees in their official capacity,

service of process must be accomplished by delivering the Petition and the Summons to

the Pueblo of Pojoaque Legal Department during normal business hours.

C-5

Civil Jurisdiction

(a) The Tribal Court shall have jurisdiction over all civil causes of action.

(b) Personal jurisdiction shall exist over all persons who are Indians, or all persons, who

consent to the jurisdiction of the Tribal Court. The act of entry upon territory within the

jurisdiction of the court shall conclusively be deemed consent to the jurisdiction of the Court

with respect to any civil action arising out of such entry.

seller or agent of the seller to deliver goods shall conclusively be deemed consent by the seller

to the jurisdiction of the Tribal Court for any dispute arising out of the sales, regardless of

where the contract was entered into.

C-6

Criminal Jurisdiction

The Tribal Court shall have criminal jurisdiction over all offenses enumerated in this Code and

any subsequent ordinance adopted by the Pueblo when committed within the jurisdiction of

the court by any Indian, any other person to the fullest extent allowed by any current or future

federal or state law, statute, regulation or case.

C-7

Probate Jurisdiction

The Tribal Court shall have probate jurisdiction over all of the real and personal property

located within the jurisdiction of the Court at the time of death of a decedent and the personal

property, wherever located, of any member of the Pueblo who is a resident of the Pueblo at the

time of death.

C-8

Juvenile Jurisdiction

(a) The Tribal Court shall have original jurisdiction in all proceedings and matters relating to

need for supervision, foster care, training, status offenses and other matters not relating to

delinquent acts affecting Indians or members under the age of eighteen (18), when such

children are residing within the jurisdiction of the Court. Jurisdiction over a juvenile relative

to a delinquent act shall be the same as for criminal jurisdiction. Juvenile Jurisdiction shall be

exercised consistent with the provisions of the Indian Child Welfare Act of 1978, P.L. 95-608.

(b) The Tribal Court shall accept and exercise any portion or incident of jurisdiction transferred

to or shared with the Tribal Court, generally or in any particular case by any state, federal or

other tribal court.

C-9

Service of Process

Service of Process may be made upon any person subject to the Pueblo Court’s jurisdiction

under this subsection by:

(a) Personally serving the summons upon the respondent who resides outside of the exterior

boundaries of the Pueblo, such service having the same force and effect as though service had

been made personally within the Pueblo’s exterior boundaries;

(b) Certified mail, return receipt requested, upon the respondent who resides outside of the

exterior boundaries of the Pueblo; or

known address.

(d) Nothing in this subsection limits or affects the right to serve process in any other manner.

C-10

Wen Hey Kha Wosatsi Khuu (Path to Wellness) Court Jurisdiction

(a) The Pueblo of Pojoaque Path to Wellness Court may exercise jurisdiction over individuals

who:

1. Meet the eligibility criteria of the Pueblo of Pojoaque Path to Wellness Court Policies

and Procedures Manual; and

2. Are accepted for admission by the Path to Wellness Team.

(b) Individuals may be referred to the Path to Wellness Court by:

1. The Pueblo of Pojoaque Tribal Court or another court;

2. Social Services, Tribal Police, or other Pueblo of Pojoaque Agency; or

3. Self-referral.

1. Part of a suspended sentence or deferred conviction after a guilty or no contest plea in

the Pueblo of Pojoaque Tribal Court;

2. A requirement of pre-prosecution diversion;

3. Part of a Pueblo of Pojoaque Social Services Case Plan; or

4. A requirement after self-referral.

(d) Continuing Jurisdiction. Path to Wellness Court participants, including self-referrals, must

agree to the continued jurisdiction of the Path to Wellness Court throughout the duration of the

program. In the event that a participant is terminated from the Path to Wellness Court, the case

will be sent to Tribal Court for adjudication.

C-11

(***) Wen Hey Kha Wosatsi Khuu (Youth Path to Wellness) Court

Jurisdiction

(a) The Pueblo of Pojoaque Youth Path to Wellness Court may exercise jurisdiction over

individuals who:

1. Meet the eligibility criteria of the Pueblo of Pojoaque Youth Path to Wellness Court

Policies and Procedures Manual; and

2. Are accepted for admission by the Youth Path to Wellness Team.

(b) Individuals may be referred to the Youth Path to Wellness Court by:

1. The Pueblo of Pojoaque Tribal Court or another court;

2. Family and Children's Services, Tribal Police, Education, or other Pueblo of Pojoaque

Agency; or

3. Self-referral or referred by a parent or legal guardian, as detailed in the Youth Path to

Wellness Policies and Procedures Manual. An unemancipated juvenile must have

permission of a parent or legal guardian to self-refer to the Youth Path to Wellness.

1. If the participant is 18-20 years old:

A. Part of a suspended sentence or deferred conviction after a guilty or no contest plea

in the Pueblo of Pojoaque Tribal Court;

B. A requirement of pre-prosecution diversion;

C. Part of a Pueblo of Pojoaque Family and Children's Services Case Plan; or

D. A requirement after self-referral.

2. If the participant is under the age of 18:

A. Part of a suspended sentence or deferred juvenile finding after a plea of responsible

in a juvenile delinquency matter in the Pueblo of Pojoaque Children's Court;

B. A requirement of pre-prosecution diversion;

C. Part of a Pueblo of Pojoaque Family and Children's Services Case Plan; or

D. A requirement after self- or parental-referral.

(d) Continuing Jurisdiction. Youth Path to Well ness Court participants, including selfreferrals, must agree to the continued jurisdiction of the Youth Path to Wellness Court

throughout the duration of the program. In the event that a participant is terminated from the

Youth Path to Wel1ness Court, the case will be sent to Tribal Court for proper adjudication.

Subpart D

D-1

Administration of the Court

Court Rules

The Chief Judge of the Tribal Court shall promulgate rules to govern court proceedings, subject

to the approval of Tribal Council, provided that such rules shall not abridge, enlarge or modify

any substantive rights and shall preserve the right of trial by jury as provided in Subpart F-6 of

this Code.

D-2

Tribal Court Fees & Costs

(a) The following shall constitute the fee schedule for Tribal Court cases.

1. Civil Petitions. There will be a one hundred and thirty-two dollar ($132.00) filing fee

assessed on anyone filing a Civil Petition in Tribal Court against another party.

2. Domestic Relations. For domestic relations matters (e.g., divorce, custody, paternity,

adoption) the filing fee is one hundred and thirty-seven dollars ($137.00).

3. Administrative Appeals. For appeals from administrative or regulatory decisions to the

Tribal Court, the fee is one hundred and seventeen dollars ($117.00).

4. Foreign Judgments. The fee for filing a petition to enforce a foreign judgment is one

hundred and seventeen dollars ($117.00).

5. Traffic Citation Hearings. For all traffic hearings, the court cost is seventy-five dollars

($75.00).

6. Default Judgments. There is a twenty dollar ($20.00) fee for a default judgment

rendered by the Court.

7. Garnishments. There is a one hundred and seventeen dollar ($117.00) fee for each

garnishment filed for recognition in the Tribal Court.

8. Appeals. The filing fee to appeal a case to the Court of Appeals is one hundred dollars

($100.00).

(b) The following shall constitute the other fees and costs for Tribal Court services.

1. Service of Process. There is a twenty dollar ($20.00) fee for service of process.

2. Bar Admission Fees. Attorneys shall pay the following fees in order to practice in the

Tribal Court:

A. Seventy-five dollar ($75.00) fee due at admission.

B. Annual renewal fee (due January 15) of twenty-five dollars ($25.00).

C. No fee is required for attorneys appointed by Legal Services, attorneys employed

by the Pueblo of Pojoaque, or lay advocates.

3. Copies. Each page of a legal document copied by the Court Clerk is twenty-five cents

($0.25). Copies of CDs or DVDs are five dollars ($5.00) each.

4. Certified Copies. The fee for certified copies of court documents shall be fifteen dollars

($15.00) plus fifty cents ($0.50) per page.

5. Research and Retrieval. For research and retrieval by Tribal Court staff, the fee is

twenty-five dollars ($25.00) per hour, plus fifty cents ($0.50) page.

6. Notary Services. The fee for each signature that is to be notarized is five dollars ($5.00)

per signature.

7. Returned Check Fee. A thirty-six dollar ($36.00) fee shall be imposed for any check

returned by an individual’s bank for non-payment.

D-3

Court Fees & Costs Guidelines

(a) The fees in Subpart D-2 are not exhaustive and nothing shall prevent the Court from

assessing additional fees and costs in accordance with relevant provisions of the Law and Order

Code. These fees may include, but are not limited to:

1. Witness fees;

2. Juror fees;

3. Incarceration costs; and

4. Fines for contempt of court.

(b) Tribal Officials or Tribal Representatives acting in an official capacity on behalf of the

Pueblo are excluded from filing fees.

(d) The Court may waive fees in cases of indigency.

(e) Should the Tribal Court rule in favor of the Petitioner, the Judge may order the Respondent

to reimburse the Petitioner for filing fees and Court costs.

D-4

Coroners

(a) The Governor of the Pueblo of Pojoaque may appoint one or more coroners to serve the

Pueblo of Pojoaque. Such coroners shall serve without pay but may be reimbursed for actual

and necessary expenses upon presentation of proper vouchers of the Governor of the Pueblo.

(b) Whenever a coroner is informed that an Indian has died within the Pueblo, the coroner shall

go to the place where the body is located and inquire into the cause of death.

physician, the coroner shall make a written report stating the following facts, if known:

1. The name and census number of the dead person;

2. When and where he died and the circumstances of his death;

3. The cause of death;

4. Who caused the death, if caused by act, whether criminal or not;

5. What property is found on the body, other than clothing of ordinary value; and

6. Where the coroner is not a physician, the name and address of any physician consulted.

(d) The coroner shall submit copies of the report to the Pueblo of Pojoaque Police, to the

Governor and to the Bureau of Indian Affairs Agency Superintendent.

D-5

Tribal Police

The Governor of the Pueblo shall be recognized as commander of the Tribal Police of the

Pueblo of Pojoaque and shall be held responsible for the general efficiency and conduct of the

members thereof. It shall be the duty of the Governor or his duly authorized representatives to

keep himself informed as to the efficiency of the Tribal Police in the discharge of their duties,

to subject them to regular inspection, to inform them of their duties and keep a strict accounting

of the equipment issued them in connection with their official duties. It shall be the duty of

the Governor to detail such Indian Policemen as may be necessary to carry out the orders of

the Tribal Court and to preserve order during Court sessions. The Governor shall investigate

all reports and charges of misconduct on the part of Pueblo policemen and shall exercise such

proper disciplinary measures as may be consistent with existing regulations.

D-6

Police Training

(a) It shall be the duty of the Governor to maintain from time to time, as circumstances require

and permit classes or instruction for the Tribal Policemen. Such classes shall familiarize the

policemen with the manner of making searches and arrests, the proper and humane handling

of prisoners, the keeping of records of offenses and the duties of the police in relation thereto

and other subjects of importance for efficient police duty. It shall further be the purpose of the

classes to consider methods of preventing crime and of securing cooperation of Pueblo of

Pojoaque residents in establishing better social relations.

1. A candidate must be in sound physical condition and of sufficient size and strength to

perform the duties required.

2. He must possess courage, self-reliance, intelligence, and a high sense of loyalty and

duty.

3. He must never have been convicted of a felony, nor have been convicted of any

misdemeanor for a period of one year prior to appointment.

(b) The duties of a Pueblo policeman shall be:

1. To obey promptly all orders of the Tribal Police commissioner or the Governor when

assigned to that duty;

2. To lend assistance to brother officers;

3. To report and investigate all violations of any law or regulation coming to his notice or

reported for attention;

4. To arrest all persons observed violating the laws and regulations for which he is held

responsible;

5. To inform himself as to the laws and regulations applicable to the Pueblo of Pojoaque

and the laws of arrest;

6. To prevent violations of the laws and regulations;

7. To report to his superior officer all accidents, births, deaths or other events or

impending events of importance;

8. To abstain from the use of intoxicants or narcotics and to refrain from engaging in any

act that would reflect discredit upon the Tribal Police Department;

9. To refrain from the use of profane, insolent, or vulgar language;

10. To use no unnecessary force or violence in making an arrest, search or seizure;

11. To keep all equipment furnished to him in reasonable repair and order;

12. To report the loss of any and all property issued by the Federal Government in

connection with official duties; and

13. To collect and issue receipts for bail.

D-7

Tribal Ranger

The Governor of the Pueblo of Pojoaque shall serve as the official appointing authority for

all Tribal Rangers and shall bear full responsibility for their conduct, performance, and

accountability. The Governor, or their designated representatives, shall actively monitor the

duties and effectiveness of the Tribal Rangers through regular evaluations, field inspections,

and oversight of operational activities. Clear directives shall be issued to ensure Rangers

understand their responsibilities, and accurate records shall be maintained for all equipment

and resources assigned in the course of their official duties.

Tribal Rangers shall be deployed as needed to safeguard Pueblo lands, protect natural and

cultural resources, and uphold community safety. Their assignments may include

enforcement of environmental, conservation, and land use regulations, as well as support for

the execution of Tribal Court orders when applicable. The Governor shall review all reports

and allegations of misconduct involving Tribal Rangers and shall administer disciplinary

actions in accordance with established tribal policies and procedures

D-8

Tribal Ranger Training

(a) It shall be the duty of the Governor to establish and maintain, as circumstances require

and permit, training programs for Tribal Rangers. These programs shall ensure that Rangers

are properly prepared to carry out their duties in accordance with tribal law. Training shall

include:

1. Enforcement procedures for tribal laws and ordinances;

2. Proper handling of cultural and historical resources, including sacred sites and burial

grounds;

3. Environmental protection and land management practices;

4. Emergency response protocols including search and rescue and wildfire support;

5. Community outreach and cultural education to promote tribal heritage and pride;

6. Compliance with tribal, state, and federal environmental laws (e.g., Clean Water Act,

Endangered Species Act);

7. Investigation and citation procedures for environmental and land-use violations.

(b) Qualifications for appointment shall include:

1. Must be an enrolled member of a Federally Recognized Tribe;

2. Must be FLETC or State Law Enforcement Certified;

3. Must be in sound physical condition and capable of performing field duties;

4. Must demonstrate integrity, cultural awareness, and a strong commitment to tribal

sovereignty and stewardship;

5. Must not have any felony convictions and must be free of misdemeanor convictions for

at least one year prior to appointment.

1. Enforcing tribal laws and ordinances under the authority of the Tribal Government;

2. Reporting to the Chief of Police or their designee;

3. Patrolling tribal lands, cultural sites, and trust lands to prevent illegal dumping,

poaching, and environmental damage;

4. Safeguarding sacred sites, burial grounds, and traditional use areas from unauthorized

access or vandalism;

5. Assisting in public safety efforts including search and rescue, wildfire support, and

rural incident response;

6. Supporting tribal police in crime prevention and patrol duties;

7. Conducting investigations and issuing citations for environmental violations;

8. Educating the community and visitors about tribal lands and cultural heritage;

9. Promoting cultural pride and intergenerational knowledge sharing;

10. Maintaining accurate records of enforcement actions and issued equipment;

11. Upholding tribal sovereignty and reducing reliance on external agencies;

12. Abstaining from conduct that would discredit the Tribal Ranger program, including

the misuse of intoxicants or inappropriate language;

13. Keeping all issued equipment in good condition and reporting any loss or damage.

D-9

Dismissal

The Governor may remove any Tribal Policemen for any noncompliance with the duties and

requirements as set out in the police duty guidelines or for neglect of duty.

D-10

Return of Equipment

Upon resignation, death or discharge of any member of the Tribal Police, all articles or property

issued him in connection with his official duties must be returned to the Governor or his

representatives

Subpart E

E-1

Court Officials

Officers of the Courts

Officers of the Pueblo of Pojoaque Tribal Court shall include:

(a) Judges, Attorneys, and law clerks;

(b) Court clerks and Court interpreters;

Court; and

(d) Bailiffs.

E-2

Court Clerk

(a) The Clerk of the Court is charged with the duty of assisting the lawful functioning of the

Courts. Such duties shall include, but not be limited to the following:

1. Drafting complaints, subpoenas, warrants, writs or other orders of the Court;

2. Maintaining records of court proceedings;

3. Administering oaths;

4. Collecting accounting for fines and other property taken into the custody of the Courts;

5. Accepting bonds; and

6. Filing notices of appeal and petitions.

(b) Assistant Clerks of the Court may be employed as necessary.

E-3

Representation Before the Tribal Court

A person before the Tribal Court may represent himself or have another person or a

professional attorney serve as his counsel.

E-4

Tribal Court Standards for Practitioners Appearing Before the Pueblo of

Pojoaque Tribal Court

(a) Limited Representation. An attorney may limit the scope of representation if the limitation

is reasonable under the circumstances and the client gives informed consent. Limitations on

the scope of representation may include drafting specific, discrete pleadings or other

documents to be used in the course of representation without taking on the responsibility for

drafting all documents needed to carry the representation to completion. An attorney who

agrees to prepare a discrete document under a limited representation agreement must

competently prepare such a document and fully advise the client with respect to that document,

which includes informing the client of any significant problems that may be associated with

the limited representation arrangement. While limitations on the scope of representation are

permitted under this rule, the attorney must explain the benefits and risks of such an

arrangement and obtain the client’s informed consent to the limited representation.

(b) Limited Entry of Appearance; Attorney’s Duty. In all proceedings where an attorney

appears for a client in a limited manner, that attorney shall disclose to the Court the scope of

representation. The purpose of this rule is to permit attorneys to appear for clients in a limited

manner and to alert the Court and opposing party of that limited role. Attorneys may give

technical assistance and, when not prohibited, may prepare, without attribution, papers for

filing by a self-represented litigant without violating the duty of candor. Even though an

attorney’s role may be limited to drafting a single document, the attorney is, however, bound

by all of the rules that govern attorney conduct.

Pueblo of Pojoaque Tribal Court, provided the motion is filed with the Court at least fortyeight (48) hours prior to the scheduled hearing. The decision to grant or deny the motion shall

be in the sole discretion of the Court.

(d) Organization. Attorneys shall be on time, be prepared for all court appearances and have

knowledge of the Pueblo of Pojoaque Law and Order Code, Court Rules, Rules of Evidence,

and Rules of Procedure.

(e) Respect. Attorneys shall always be courteous and respectful to the Court and opposing

parties.

(f) Compliance with Rules of Professional Conduct of Other Jurisdictions in which Attorney

is Licensed to Practice. Attorneys shall be in compliance with the rules of professional conduct

in all jurisdictions in which the attorney is licensed to practice.

(g) Candor Toward the Tribunal. Attorneys should be candid with the Court and should

attempt to resolve, by agreement, differences relating to procedural and discovery matters. An

attorney shall not knowingly:

1. Make a false statement of fact or law to the Court or fail to correct a false statement of

material fact or law previously made to the Court;

2. Fail to disclose to the Court legal authority known to the attorney to be directly adverse

to the position of the client and not disclosed by opposing counsel; or

3. Offer evidence that the attorney knows to be false; if an attorney, the attorney’s client

or witness has offered material evidence and the attorney comes to know of its falsity, the

attorney shall take reasonable remedial measures, including, if necessary, disclosure to the

tribunal.

(h) Attorneys shall discourage and decline to participate in litigation that is without merit or is

designed primarily to harass or drain the financial resources of the opposing party or the Pueblo

of Pojoaque Tribal Court.

(i) Attorneys should avoid any communication, direct or indirect, about a pending case with a

judge except as permitted by court rules or otherwise authorized by law.

(j) Attorneys should refrain from impugning the integrity of the judicial system, its

proceedings, or its members. Failure to comply with the requirements of these rules may

subject counsel to sanctions.

E-5

Legal Department and Paralegal Fees

(a) The Pueblo hereby establishes the Pueblo of Pojoaque Legal Department.

(b) The Pueblo of Pojoaque Legal Department hourly attorney fees are three hundred and fifty

dollars ($350) and hourly legal assistant fees are one hundred and seventy-five dollars ($175).

E-6

Attorney-Client Privilege

Any Pueblo of Pojoaque General Counsel subpoenaed in any Court of Law shall assert, to the

extent legally allowed, the attorney-client privilege.

E-7

Public Records

Except as otherwise provided in this Code, the Tribal Court Clerk shall keep open for

inspection a record of all proceedings of each Court. Such record shall reflect the title of the

case, the names and addresses of parties and witnesses, the substance of the complaint, the date

of the hearing or trial by whom conducted, the finding of the Tribal Court or jury, and judgment

or order entered. Unless specifically exempted by the Code, the record of the Court shall be

public.

E-8

Copies of Laws

The Tribal Court shall have access to all Tribal, State and Federal Laws applicable to the

conduct of persons within the exterior boundaries of the Pueblo of Pojoaque.

Subpart F

F-1

Rules of Procedure – General

Issuance of Subpoenas

(a) Upon request of any party to the case or upon the Tribal Court’s own initiative, the Tribal

Court shall issue subpoenas to compel the appearance and testimony of witnesses, or the

production of books, records, documents or any other physical evidence which is relevant and

necessary to the determination of the case, over which the court has jurisdiction. The Tribal

Court Clerk may act on behalf of the Tribal Court and issue subpoenas which have been signed

by a Judge and which are to be served within the exterior boundaries of the Pueblo of Pojoaque.

(b) A subpoena shall bear the signature of the Chief Judge or an Associate Judge of the Tribal

Court and it shall state the name of the evidence or witness to be subpoenaed, the title of the

proceeding and the place where the witness is to appear or the evidence is to be produced.

F-2

Service of Subpoena

(a) A subpoena may be served at any place within or outside of the exterior boundaries of the

Pueblo of Pojoaque, but any subpoena to be served outside the Pueblo shall be issued

personally by a Judge of the Tribal Court.

(b) A subpoena may be served by any Tribal Police Officer or other person appointed by the

Tribal Court for such purpose. Service of a subpoena shall be made by delivering a copy of it

to the person named or by leaving a copy at his place of residence with any competent person

eighteen (18) years of age or older, who also resides there.

F-3

Failure to Obey Subpoena

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

subpoena may be deemed to be in contempt of court and a bench warrant may be issued for his

arrest.

F-4

Witness Fees

(a) The Court, in its sole discretion, may order a party to reimburse witnesses for testifying in

a case.

(b) Any witness fees and expenses shall be paid to the witness upon completion of the trial.

Such expenses may be taxed as costs against the defendant if he or she is found guilty;

provided, however, that no defendant shall be incarcerated solely because of inability to pay

such costs immediately.

F-5

Trial Procedures

(a) The time and place of Tribal Court sessions, and all other details of judicial procedure shall

be set out in rules of the Court adopted pursuant this Subpart.

(b) The Tribal Court shall not be bound by common law rules of evidence, or the rules of

evidence which pertain in state or federal courts.

F-6

Jury Trials

(a) Request for Jury Required. A jury trial shall be held if not otherwise specifically prohibited

by the Law and Order Code and:

1. Requested by either party in a civil case; or

2. Requested by the defendant in a criminal case where imprisonment is a possible penalty

for the offense charged.

(b) Jury Pool. A list of eligible jurors shall be prepared and maintained by the Tribal Council

or its representative. Any person over the age of twenty-one (21) years, not subject to judicial

restraint by any Court, and who resides within the Pueblo of Pojoaque or is a Pueblo of

Pojoaque Tribal Employee may be listed as an eligible juror.

excused from serving on a jury upon good cause shown under oath to a Judge. Jurors whose

employers provide for compensated leave for jury service shall not be excused by the Court

because of work-related responsibilities, except under extraordinary circumstances. The Judge

shall consider the needs of the Court to maintain an adequate jury pool before allowing jurors

to be excused. Elected Tribal Officials shall be exempt from serving on juries during their

terms of office.

(d) Random Selection. The Clerk of the Court will randomly select a minimum of twenty-five

(25) names from the jury pool pursuant to a jury pool records maintenance schedule.

(e) Juror Summons. The Court shall issue summons and thereby notify persons selected for

jury service. Persons selected for jury service shall be summoned by mail or personal service.

Persons who do not appear after proper notice of jury service shall be subject to contempt of

Court.

(f) Selection. The Court Clerk shall notify the Court and counsel of the names of the members

of the jury pool appearing for selection. In selecting a jury from among the panel members, in

all instances the Judge shall conduct the initial questioning of the jurors to establish eligibility,

ability to serve and potential bias. When the Court determines that a juror cannot serve, the

juror shall be excused. The Judge may use his or her discretion to permit the parties to ask

questions and, moreover, may limit examination of jurors when the Judge believes such

examination to be improper or unacceptably time consuming.

(g) Challenges/Excusals. Each party shall have the right to a maximum of two (2) preemptory

challenges for jurors, for which no reason need be given and which the Judge may not refuse

to grant.

(h) Compensation of Jurors. Every person who is required to attend Court for selection or

service as a juror shall be entitled to fees for each day, unless otherwise compensated through

Tribal ordinance. Jurors whose employers provide for compensated leave for jury service shall

not be entitled to fees. Jurors shall be compensated at a rate recommended by the Tribal Judge

and provided in the rules of the court. Compensation of jurors is considered to be a court cost

that shall become the responsibility of the party requesting a jury.

(i) Juror Oath. The jury shall be sworn in by the Court. Any juror who violates the oath may

be held in contempt of Court.

(j) Juror Instructions and Deliberations. The Judge shall instruct the jury with regard to the

applicable law and the jury shall decide all questions of fact in the basis of that law. The jury

shall deliberate in secret and return a verdict of “guilty” or “not guilty.” The Tribal Judge shall

render judgment in accordance with the jury verdict. A jury may render a verdict by majority

vote in civil cases. In criminal cases a verdict of “guilty” must be either unanimous or by vote

of five (5) to one (1).

(k) Discharging Jurors. When the jury has reached a verdict or has determined that it shall be

unable to do so, even with additional deliberation, the Court shall discharge the jurors from

service.

F-7

Contempt of Court

(a) The Judges of the Pueblo Courts may rule a person in contempt of Court if he willfully and

unjustifiably disrupts, obstructs or otherwise interferes with the due and orderly course of

proceedings in the courtroom, after being advised by the Court to cease the interference.

(b) All rulings of and sentences for contempt shall be announced immediately after the acts of

contempt occur.

exceed three hundred and sixty-five days (365) days or to pay a fine not to exceed five thousand

dollars ($5,000.00), or both.

F-8

Notice Code

(a) Findings and Purpose.

1. Findings. The Pueblo has a compelling interest in protecting tribal sovereignty and

jurisdiction and the validity of tribal laws. Tribal sovereignty and jurisdiction or the

validity of tribal law may be questioned in cases in the Tribal Court in which the Pueblo or

any political subdivision, department, agency, instrumentality, subsidiary, officer,

employee and/or legal entity of any nature whatsoever of the Pueblo is not a party. With

adequate, timely, and uniform notice of cases in the Tribal Court that question tribal

sovereignty and jurisdiction or the validity of tribal law, the Pueblo can effectively assess

whether and how to participate in such cases.

2. Purpose. The purpose of this Code is to provide the Pueblo with adequate, timely, and

uniform notice of any and all cases in the Tribal Court that question tribal sovereignty and

jurisdiction or the validity of any tribal law and in which the Pueblo or any political

subdivision, department, agency, instrumentality, subsidiary, officer, employee and/or

legal entity of any nature whatsoever of the Pueblo is not a party.

(b) Notice Required.

1. Court to Inform Parties. In any action or proceeding in which the Pueblo or any political

subdivision, department, agency, instrumentality, subsidiary, officer, employee and/or

legal entity of any nature whatsoever of the Pueblo is not a party but which questions tribal

sovereignty or jurisdiction or the validity of any tribal law, the Tribal Court will give notice

in writing of the action or proceeding to the Office of the Governor and to the Legal

Department. The Tribal Court will also serve all parties with a copy of the notice given.

Such notice will identify the action or proceeding and will include a brief written

explanation of the grounds upon which tribal sovereignty or jurisdiction or the validity of

tribal law is being questioned. Any party giving notice under this law will simultaneously

file proof with the Tribal Court that notice has been given as required by this Code.

2. Continued Notice. If notice is required under this Code, the Tribal Court or any party

will timely serve copies of all subsequent filings and orders in the case on the Legal

Department.

and simultaneously with the raising of a question about tribal sovereignty or jurisdiction or the

validity of any tribal law.

(d) Tribal Participation Following Notice.

1. Intervention. Upon timely motion, the Pueblo may intervene as a matter of right in any

action or proceeding in the Tribal Court that questions tribal sovereignty or jurisdiction or

the validity of any tribal law. Upon intervening under this Code, the Pueblo may assert any

and all available claims and defenses and may present any and all admissible evidence

relating to the question of its sovereignty or jurisdiction or the validity of any tribal law,

and is entitled to the same relief, including costs, as if the Pueblo had instituted a separate

action or proceeding; provided that, the Pueblo will not be required to pay costs of litigation

in any action or proceeding in which it has intervened under this Code. Intervention under

this Code does not abridge, limit, or otherwise affect the right of the Pueblo to commence,

maintain, defend, or otherwise intervene in actions or proceedings in the Tribal Court.

2. Amicus Curiae. Upon timely motion or application, the Tribe may appear as amicus

curiae (friend of the court) in any action or preceding that questions tribal sovereignty or

jurisdiction or the validity of any tribal law.

3. Information Sharing and Consultation. In any action or proceeding in the Tribal Court

that questions tribal sovereignty or jurisdiction or the validity of any tribal law in which

the Pueblo does not intervene or appear as amicus curiae, the Pueblo may nevertheless

share important knowledge with any party involved in the action or proceeding. This could

include assistance in responding to formal discovery requests or acting as an informal

consultant.

4. No Participation. The Pueblo may timely determine that it is in the best interest of the

Pueblo not to intervene, appear as amicus curiae, or otherwise participate in an action or

proceeding in the Tribal Court that questions tribal sovereignty or jurisdiction or the

validity of any tribal law.

5. Authority to Determine Participation. Before determining participation on behalf of the

Pueblo under this Code in any specific action or proceeding in Tribal Court, the Chief Legal

Counsel will obtain the approval of the Governor and of the Tribal Council for cases

involving challenges to tribal sovereignty.

6. Timeliness of Participation Determinations. Unless the Tribal Court orders otherwise,

where timely and proper notice has been given under this Code, the Pueblo will notify the

Tribal Court and parties in writing within sixty (60) days of receipt by the Pueblo of such

notice of any determination to participate in any action or proceeding by way of

intervention or appearance as amicus curiae.

(e) Failure to Give Notice.

1. Failure to Give Notice Not Jurisdictional or Waiver of Rights. The failure of the Tribal

Court or a party to give notice as required by this Code does not deprive the Tribal Court

of jurisdiction and is not a waiver or modification of any rights otherwise timely asserted

by any party. Any notice given under this Code is not a substitute for, or a waiver or a

modification of, any other pleading requirement under tribal law.

2. Late Notice. If the Tribal Court or a party discovers that notice to the Pueblo under this

law should have been but has not been given, the Tribal Court or party will promptly give

notice in writing to the Pueblo as required by this Code. The Tribal Court may stay the

action or proceeding at any stage to allow compliance with this Code. If final judgment has

already been entered, the Pueblo may motion or apply for rehearing as of right, the Tribal

Court will entertain promptly any such motions or applications for rehearing by the Pueblo,

and in disposing of such motions the Tribal Court, for good cause shown, may vacate a

judgment or any portion thereof.

3. Civil Sanctions. The Tribal Court may impose civil sanctions on any party for willful

or unreasonable failure to give notice as required by this Code, and may use other

reasonable means to cure any significant harm caused by failure to give notice as required

by this Code.

(f) Tribal Jurisdiction and Sovereign Immunity from Suit Unaffected.

1. Jurisdiction. Nothing in this Code shall be deemed or construed to deprive, limit, or

extend the jurisdiction of the Tribal Court.

2. Sovereign Immunity from Suit. Notice required under this Code does not authorize a

party to name the Pueblo or any political subdivision, department, agency, instrumentality,

subsidiary, officer, employee and/or legal entity of any nature whatsoever of the Pueblo as

a party to any action or proceeding. Nothing in this Code shall be deemed or construed as

a waiver or limitation of the sovereign immunity from suit of the Pueblo or any political

subdivision, department, agency, instrumentality, subsidiary, officer, employee and/or

legal entity of any nature whatsoever of the Pueblo.

Subpart G

G-1

Rules of Civil Procedure

Scope of Rules; Construction; Alternate Source

(a) Scope. These rules govern the procedure in all civil actions and proceedings in the Tribal

Court. These rules must be applied to resolve disputes efficiently, reveal the truth, and treat all

parties fairly and without prejudice. All cases before the Tribal Court will be conducted in

accordance with the Law and Order Code and Pueblo of Pojoaque customs and traditions.

These rules apply in criminal matters when no different rule is specified in the Rules of

Criminal Procedure contained in Subpart H of the Code.

(b) Mission of the Court. The mission of the Tribal Court is to be fair and unbiased, resolve

disputes, maintain rights, and correct wrongs for all cases brought before the Court. Through

Tribal laws, rules of court, case law, Tribal custom and common sense in the context of all

relevant circumstances, the Pueblo seeks to deal justly in order to protect all inherent rights of

the parties.

speedy, and inexpensive determination of every action. At every stage of the proceeding, the

Court may disregard any technical failure to comply with these rules which does not

substantively affect the rights of the parties or outcome of the proceedings.

(d) Alternate Source for Rules. In a situation where these rules do not contain a procedure, the

parties and the Court may agree on a procedure, or the Court may determine the procedure that

will be followed. The Federal Rules of Civil Procedure will apply to any procedures or matters

that are not specifically covered in these rules, as long as the Federal Rules do not conflict with

these rules or with general principles of fairness and justice as determined and interpreted by

the Tribal Court.

(e) Citation Form. These rules shall be known as the Pueblo of Pojoaque Rules of Civil

Procedure and will be cited as “PPRCP”.

G-2

Sovereign Immunity

Nothing in these rules shall affect the right of the Pueblo to assert immunity from suit by virtue

of its status as a sovereign. The requirements for waivers of sovereign immunity are contained

in Subpart J-3.

G-3

Time

(a) How Time is Computed. Whenever a rule or an order requires that an action is taken within

a certain number of days:

1. Do not include day of the event that starts the time period;

2. Count every calendar day, including Saturdays, Sundays, and legal holidays; and

3. Include the last day of the time period, but if the last day is a Saturday, Sunday, or

Court holiday, the period continues to run until the end of the next day that is not a

Saturday, Sunday, or Court holiday.

4. Any time period ten (10) days or shorter will not include Saturdays, Sundays, or Court

holidays.

(b) Extensions of Time. Upon the request of a party and for good cause, the Court may allow

an extension of any time limit described in these rules.

G-4

Definitions

In addition to the definitions provided for in Subpart A-3 of the Law and Order Code, the

following definitions apply in this Subpart:

(a) Amendment. A change or addition to a Petition, Answer, counter-claim, or other court

pleading.

(b) Answer. The document filed by the party defending against a claim or Petition.

(d) Cross-Claim. A claim against another party on the same side of the lawsuit: a respondent

against another respondent or a plaintiff against another plaintiff.

(e) Default. Failure to defend a case within the time allowed under the rules or failure to appear

in Court when ordered to do so.

(f) Execution. Enforcement of a judgment.

(g) Judgment. The decision of the Court on a case.

(h) Party. A person or company that is being sued or is suing; either the plaintiff or defendant

in a criminal case or the petitioner or respondent in a civil case.

(i) Petition. The written statement of facts and request for Court action filed to start a civil

lawsuit

(j) Petitioner. The party who files a civil petition.

(k) Pleading. Any papers filed or required to be filed with the Court by a party.

(l) Process. Legal document or documents asserting the Court’s power (jurisdiction) to compel

a person to appear in the Tribal Court.

(m) Respondent. The party against whom the petitioner files a civil Petition.

(n) Service. The manner in which delivery of the Summons or other pleading is made to the

other party.

(o) Stipulation. An agreement between the parties that is submitted to the Court.

(p) Subpoena. An order of the Court requiring a witness to attend and to testify at a hearing or

trial.

(q) Summons. The document that tells a respondent that he or she is being sued and asserts the

power of the Court to hear and determine the case.

(r) Third-Party Petition. A Petition filed by the respondent against a third-party (i.e., a person

not presently a party to the lawsuit) alleging that the third party is or may be liable for all or

part of the damages which the petitioner may win from the respondent.

(s) Waive. Intentionally giving up a claim or right, either by a statement or through action or

inaction.

G-5

Jurisdiction

(a) The Tribal Court is a court of general jurisdiction.

(b) The Tribal Court may exercise jurisdiction over any person or subject matter on any basis

consistent with the Law and Order Code, the Indian Civil Rights Act of 1968, and other

applicable Federal law.

G-6

Statute of Limitations

(a) Unless otherwise specifically provided for, a civil lawsuit must be filed with the Court

within three (3) years of the event at issue in the case. The three-year period will be counted

from the date on which the event was first known to the injured party or should have been

known to a reasonable person in the injured party’s position.

(b) Civil suits filed more than three (3) years after this time period will be dismissed.

(d) Any action against the Pueblo or its officers or employees arising from the performance of

their official duties must be commenced within one year of the date the cause of action accrued.

G-7

Representation

(a) Pro Se Appearance. Parties may represent themselves.

(b) Non-Attorney Appearance. A party may be represented by a non-attorney advocate with

the Court’s permission. Whenever a non-attorney represents a party, that person will file a

written entry of appearance showing his or her name, address, and telephone number.

according to the provisions of the Tribal Law and Order Code, Subpart E-4. Whenever an

attorney represents a party, the attorney will file a written entry of appearance showing the

attorney’s name, address, and telephone number. For the purpose of this rule, the filing of any

pleading or paper signed by counsel and showing the attorney’s name, address, and telephone

number constitutes an entry of appearance.

(d) Withdrawal of Representation Requires Court Order. An attorney or non-attorney advocate

must obtain an order permitting withdrawal. The Court may place conditions on an order

approving withdrawal as justice requires.

(e) Limited Representation. The Tribal Court permits limited-scope representation by a

professional attorney according to the standards laid out in Subpart E-4(a)–(b). The attorney

shall enter an appearance that outlines the limits of representation.

(f) Sanctions. The Court may impose appropriate sanctions upon an unrepresented party or his

or her attorney who is found to have filed a lawsuit, motion, or any other papers for an improper

or frivolous purpose such as to harass, cause unnecessary delay, or needlessly increase the cost

of litigation. Sanctions may include a fine of up to five hundred dollars ($500), court costs, and

attorneys’ fees incurred by the opposing party that were required to resolve the issue.

G-8

Interpreters

If a party or a party’s witness requires an interpreter, the party requiring the interpreter must

arrange and provide for interpretation at the party’s own expense. If testimony is to be

interpreted, the interpreter must be court-certified, except with the Court’s permission.

G-9

Telephonic Appearance

The Court may hear any matter by telephone conference call where it serves the interests of

justice.

G-10

Start of a Civil Case

(a) Beginning a Lawsuit. A party starts a civil lawsuit by filing a written Petition with the

Tribal Court along with any filing fees. The Court may waive filing fees for good cause. Every

Petition should contain:

1. The name, address, and telephone number of the petitioner and the respondent;

2. A statement of the facts at issue;

3. A statement describing the rights or laws that the petitioner believes were violated (if

known);

4. A statement of what the petitioner is asking the Court to order or decide, such as the

approximate amount of money requested, return of property, a restraining order, or a child

custody determination; and

5. The signature of the petitioner.

No special wording or format is required but petitioners are encouraged to use the Tribal

Court’s Petition form. The Court Clerk may help petitioners by supplying necessary forms for

filing a Petition.

(b) Summons. When a Petition is filed, the Court Clerk will issue and sign a Summons and

give it to Tribal Police to be served on the respondent. The Summons will give notice to the

respondent that he or she is required to answer the Petition within a specified time and that

failure to respond may result in a default judgment.

G-11

Service and Filing

(a) Service. In order to proceed with the lawsuit, the petitioner must serve (deliver) a copy of

the Petition and Summons to each respondent within ninety (90) days of the filing date.

(b) Who may Serve the Papers. Service may be made by a law enforcement officer or any

person who is not a party and is eighteen (18) years of age or older.

ensures the respondent knows about the lawsuit and has a reasonable opportunity to defend

against it. Service will be made as follows:

1. Personal Service: Service on an individual party or a non-Pueblo business may be made

by delivering the documents to the party in person, or on a person over fifteen (15) years

old at the party’s home or principal place of business. If a person personally refuses to

accept service, service shall be deemed performed if the person is informed of the purpose

of the service and offered copies of the documents served. The person who delivered the

Summons and Petition shall file a statement with the Court that he or she served the papers,

stating the name of the person served, the place, date, and time of service, and signing the

return of service under penalty of perjury. This is the proof of service.

2. Certified Mail: Service may be made by registered or certified mail, return receipt

requested, provided that the envelope is addressed to the respondent and that the respondent

signs a receipt for it. The return receipt will be proof of service. Service by mail is complete

on the date the receipt is signed by the respondent. Service upon a business of the Pueblo

must be made by certified mail.

3. Publication: Service by publication may be made for good cause shown upon order of

the Court by publishing the contents of the Summons in a local newspaper of general

circulation at least once per week for four (4) weeks and by leaving a copy of the Petition

with the Court for the party.

(d) Long-Arm Service. Any person subject to the jurisdiction of the Pueblo of Pojoaque Tribal

Court may be served outside the territorial jurisdiction of the Pueblo in the manner provided

and with the same force and effect as if the service had been made within the exterior

boundaries of the Pueblo of Pojoaque.

(e) Time for Service. An action may be dismissed without prejudice if service is not completed

within ninety (90) days from the date of the filing of the Petition, unless good cause is shown

for the delay or as justice requires. The Court’s dismissal of the case means that the petition

can be brought again but a new Petition will have to be filed and any fees paid previously will

not be applicable to the filing of the new case.

(f) Papers other than Petition. A copy of every pleading or document filed with the Court must

be provided to the other party or their advocate, unless the Court orders otherwise.

(g) Service on Officers or Employees of the Pueblo of Pojoaque. If the party to be served is an

officer or employee of the Pueblo in their official capacity, service must be made by delivering

a copy of the Petition and Summons pursuant to Subpart C-4.

(h) Serving a Minor or Incompetent Person. If the party to be served is a minor or has a

guardian, service must be made on his or her parent, guardian, or custodian.

(i) Filing by Fax or E-mail. If less than ten (10) pages total, pleadings may be filed by fax to

the Tribal Court. A facsimile copy has the same effect as any other pleading. Pleadings and

proposed orders may be electronically filed with the Court Clerk.

G-12

Pleadings, Motions, and Orders

(a) Pleadings. Petitions, counter-claims, cross-claims, and third-party Petitions are permitted.

An Answer must be filed to a Petition, a counter-claim, a cross-claim and a third-party Petition.

The Court Clerk may help petitioners by supplying necessary forms for filing a Petition.

(b) Motions. Any requests for the Court to issue an order or take action must be in writing and

contain a statement of the events at issue and a statement asking the Court for some relief or a

specific order. No technical wording is required. Unrepresented parties are encouraged to use

the standard motion form.

(d) Orders. An order includes every instruction of the Court whether included in a judgment

or not, and may be made with or without notice to adverse parties and may be vacated or

modified with or without notice.

G-13

Answering the Petition

(a) Filing an Answer. Within twenty (20) days after the respondent receives a copy of the

Petition and Summons, he or she must file a written Answer to the Petition and serve a copy

on the petitioner.

1. In any action against the Pueblo or its corporations, businesses, or officers or employees

in their official capacities, the respondent shall have sixty (60) days to file a written Answer

to the Petition and serve a copy on the petitioner.

2. An extension of time to file an Answer may be granted by the Court upon a showing

of good cause.

(b) Signature and Contact Information. The respondent must sign the Answer and provide a

mailing address, telephone number, and email address, if applicable.

or her defenses to each of the petitioner’s claims. The Answer will admit or deny the

statements. The respondent may deny a part of a statement and admit the rest. If the respondent

does not have knowledge about a statement or claim, he or she will state that. The respondent

has a duty to admit what he or she knows is true.

(d) Defenses. If applicable, the respondent must raise the following defenses before filing an

Answer:

1. Lack of personal jurisdiction;

2. Insufficient or incomplete Summons and/or Petition; or

3. Insufficient service of Summons and/or Petition.

Any of the above defenses not raised before filing an Answer will be considered waived. If the

respondent raises one of these defenses in a motion before filing an Answer, the time-limit to

file an Answer will be suspended until the Court has ruled on the motion. The respondent may

raise other defenses in the Answer.

(e) Affirmative Defenses. In responding to a pleading, a party should affirmatively state any

defense, including (1) accord and satisfaction, (2) arbitration and award, (3) contributory

negligence, (4) discharge in bankruptcy, (5) duress, (6) estoppel, (7) failure of consideration,

(8) fraud, (9) illegality, (10) laches, (11) license, (12) payment, (13) release, (14) res judicata,

(15) statute of frauds, (16) statute of limitations, (17) waiver, and any other matter constituting

an avoidance or affirmative defense. If these affirmative defenses are not pled at the time the

answer is filed, they may be asserted later with the Court’s permission.

(f) Counter-Claim. A respondent may file a counter-claim against the petitioner following the

same rules that apply to Petitions. A counter-claim must arise from the same events raised in

the Petition. A counter-claim may be deemed waived if not filed as a counter-claim to the

Petition.

(g) Motion for Judgment on the Pleadings. At any time, but not to delay trial, any party may

ask the Court for a judgment on the pleadings. If, in a motion for judgment on the pleadings,

matters outside the pleadings are presented to the Court, the motion will be treated as a Motion

for Summary Judgment (Section G-35) and all parties will be given reasonable opportunity to

present to the Court all material relevant to a Motion for Summary Judgment.

(h) Default Judgment. The respondent may be subject to a default judgment if he or she does

not file an Answer.

G-14

Form of Pleadings

(a) Caption. Every pleading should contain a caption heading including the name of the Court,

the title of the action, the Court file number (if known), and a designation as to what kind of

pleading it is (e.g., Petition, Answer, Motion). All pleadings will contain the names of the

parties. In the case of multiple parties, the name of the first party on each side may be used on

all pleadings filed after the original Petition. Unrepresented parties are encouraged to use forms

provided by the Court.

(b) Paragraphs. All claims or defenses should be made in numbered paragraphs. Each

paragraph should be limited to a statement of a single set of circumstances. Claims or defenses

founded upon separate transactions or occurrences should be set forth in separate counts or

defenses.

Court. The signature is a certification that the pleading is submitted in good faith, that the

matters of fact or law are believed to be true and accurate, and that the pleading is based on a

reasonable investigation of the statements of fact or law.

(d) Substantial Compliance. For unrepresented parties, or in the interests of justice, substantial

compliance with the rules for form of pleadings shall suffice.

G-15

Amending Pleadings; Dismissing Petition

(a) Amending Before Trial. A petitioner may change the Petition without the Court’s

permission before the respondent files an Answer if a copy of the changed Petition is delivered

to all parties according to the Rules for serving Petitions. After the respondent has answered

the Petition, the Court may allow the petitioner to amend the Petition if the change would not

be unfair to the respondent.

(b) Amending at Trial. When issues or evidence that were not raised in the pleadings are heard

at trial, the Court may take such issues or evidence into account without amending the

pleadings.

dismiss the case at any time the petitioner requests unless the respondent has filed a counterclaim against the petitioner or dismissal of the case would otherwise be unfair to the

respondent. The Court may order a petitioner who withdraws a complaint to pay all of the

respondent’s costs associated with the Petition.

(d) Involuntary Dismissal. If the petitioner fails to prosecute the case or to comply with these

rules or a court order, a respondent may move to dismiss the case or any claim. Costs may be

assessed against the petitioner.

G-16

Pre-Trial Conferences

The Court may order the attorneys and any unrepresented parties to appear for one or more

pre-trial conferences whenever it appears that a conference might simplify the issues,

discourage wasteful pre-trial activities, reduce trial time, or promote settlement of the case.

G-17

Parties

(a) Real Party in Interest. Every legal action must be carried out in the name of the real party

in interest, except a personal representative or other person in a fiduciary position can sue in

his or her own name without joining the party for whose benefit the action is maintained. Real

parties in interest may include businesses and other entities.

(b) Guardian Ad Litem. When a minor or incompetent adult who does not have a guardian is

a party, the Court shall appoint a guardian ad litem to represent the minor or incompetent

person. The guardian ad litem does not have to be a professional attorney.

G-18

Adding Parties to a Case

(a) Joining Parties. To the extent possible, all interested parties, including businesses or other

entities, may be joined in a case. Failure to join a party over whom the Court has no jurisdiction

will not require dismissal of the case unless it would be impossible to reach a just result without

that party. The failure to join a party may be taken into account to assure that justice is served.

(b) Intervention. A party may intervene and be treated as a party in cases where property in

which the party has an interest may be affected or a question of law or fact common to a party’s

claim may be litigated. If a motion to intervene is granted, the other parties are allowed twenty

(20) days after service to answer the pleading of the intervener.

from some official capacity, a substitute party may be joined or substituted as justice requires.

G-19

Discovery

(a) Purpose of Discovery. The purpose of discovery is to ensure that the parties have access to

and share all information and evidence related to a case in order to resolve disputes efficiently

and reveal the truth. Each party has an obligation to share all non-privileged information and

evidence related to a case.

(b) Scope of Discovery. Parties may obtain discovery regarding any matter that is relevant to

the case and not privileged, even if the information would not be admissible at trial, so long as

the information requested appears reasonably calculated to lead to the discovery of admissible

evidence.

who must answer them in writing, under oath, within thirty (30) days.

(d) Depositions. A party may take the oral deposition of an adverse party or non-party witness

under oath, giving at least ten (10) days’ notice and specifying the time and place of the

deposition.

(e) Production, Entry, or Inspection. A party may request that another party produce any

documents or things in his or her custody for inspection or copying or request permission to

enter and inspect property reasonably related to the case. The opposing party shall reply within

ten (10) days as to whether or not such requests will be allowed and if not, why not.

(f) Protective Order. A party against whom discovery is sought may move the Court for a

protective order to prevent undue annoyance, harassment, embarrassment, oppression, or

undue burden or expense. The Court may order that the discovery cease or proceed only upon

specified conditions.

(g) Failure to Make Discovery. If a party fails to respond or appear for discovery as provided

in this rule, the opposing party may ask the Court for, or the Court on its own motion may

issue, an order to compel the other party to perform. The Court may award costs. If a party

fails to perform after being ordered to do so by the Court, the Court may, upon motion, order

that a certain fact, claim, or defense is deemed established or strike part of a claim or defense,

dismiss the case, or, in an aggravated case, render a judgment by default against the noncomplying party.

(h) Use of Discovery. Answers to interrogatories and depositions may be used in a motion,

hearing, or trial to impeach testimony or for any relevant purpose.

(i) Continuing Duty to Supplement; Witness List. A party is under a continuing duty to

supplement responses to discovery requests if the responding party obtains: (1) information

that shows a prior response was incorrect or no longer true; (2) the identity and location of

persons having knowledge of discoverable material; (3) the identity of each person expected

to be called as an expert witness at trial; (4) the identity of any other person expected to be

called as a witness at trial; and (5) the subject matter or substance on which testimony is

expected.

Any witness who is not identified in accordance with this rule will not be allowed to testify

except to prevent injustice or upon agreement of the parties.

G-20

Scheduling Cases for Trial

(a) Date for Trial. The Court will place the case on the Court calendar with or without the

request of any party as long as all parties are given adequate notice of trial dates.

(b) Postponement. Upon motion of a party and for good cause shown, the Court may postpone

(continue) a trial or proceeding. The Court may require the requesting party pay any cost

associated with a postponement.

G-21

Consolidation; Separate Trials

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

some or all of the issues of separate actions shall be tried together when there is a common

issue of fact or law relating the actions or for judicial economy.

(b) Separate Trials. The Court may order a separate trial of a claim or issue to avoid prejudice

or for convenience.

G-22

Evidence

(a) Form and Admissibility. All evidence admissible under the Federal Rules of Evidence or

as otherwise specified in the Law and Order Code shall be admissible. The competency of

witnesses to testify shall be similarly determined. The Court may admit otherwise inadmissible

evidence if the interests of justice so require.

(b) Examination. At all hearings and trials, the testimony of witnesses shall be taken orally

under oath. A party may call any person to be a witness and examine any witness on any

relevant matter. A party may impeach his or her own witness.

Cross examination will be limited to the general scope of direct examination, provided,

however, that full examination of all witnesses will be allowed on direct or cross examination

to assure complete development of all relevant facts.

The Court may question witnesses to clarify issues and in the interests of justice.

Court’s discretion.

G-23

Burden of Proof

In a civil action, the party making the claim must prove his or her case by a preponderance of

the evidence. A party shall be considered to have met this burden of proof if the evidence,

when considered as a whole, tends to prove that the party’s claim is more likely to be true than

not true.

G-24

Determination of Foreign Law

A party who intends to raise an issue concerning the law of a foreign jurisdiction, including

the State of New Mexico, will give notice in pleadings or other reasonable written notice. The

Court, in determining foreign law, may consider any relevant source, including testimony,

whether or not submitted by a party or admissible under these rules.

G-25

Subpoenas

(a) Issuance. Subpoenas requiring attendance of witnesses or production of documents or

things shall be issued by the Court upon request of a party and served in accordance with

Subpart F-2.

(b) Subpoena Unnecessary. A person present in Court without being subpoenaed may be

required to testify as if he or she had been subpoenaed.

G-26

Jury Trials

(a) Costs. The party requesting a jury trial is responsible for all costs associated with the jury

trial, including juror compensation; however, it may assess costs against a party or parties

against whom judgment was rendered in accordance with Subpart J-5.

(b) When Allowed. All civil actions will be decided by the Court without a jury unless a party

files a request for a jury trial at the time of the Petition or Answer. The party requesting a jury

trial must submit an advance payment, as determined by the Court, by the date Jury Selection

begins and all required fees and costs not less than forty-eight (48) hours before the scheduled

date of trial. The Tribal Court may, upon good cause shown, waive advance payment of the

required fees and costs.

by the jury. Any other party may specify, not less than five (5) days before the date scheduled

for trial, any other issues he or she wishes to be decided by the jury. Once a party requests that

an issue be decided by a jury, the jury request may not be withdrawn without the consent of

the other party or parties.

(d) Designation by Judge. The Court may, upon its own motion, order the trial by jury of any

or all of the factual issues. The Court may, upon motion of any party or its own initiative, find

that some or all of the issues designated for jury trial should not be tried by a jury, and order

that no jury trial be held on those issues.

(e) Waiver of Right to Jury. The Court may hear and decide any issues without a jury if either

party fails to appear at trial, regardless of any request made for a jury trial.

G-27

Jurors

(a) Choosing the Jury. Juries will be chosen in accordance with the Law and Order Code,

Subpart F-6.

(b) Discharge of Juror. If, after the proceedings begin, a juror becomes unable or disqualified

to perform his or her duty, an alternate juror will take the place of the discharged juror. If there

is no alternate juror, the parties may agree to complete the action with the remaining jurors.

the Court will instruct them not to converse with or listen to anyone about the trial and will tell

them not to form or express an opinion on the case until they begin deliberations.

(d) Deliberation. Once the case is submitted, the jury will deliberate in private.

(e) Things Taken by Jury. When deliberating, the jury may take with them: the Court’s

instructions; papers or things entered into evidence as exhibits; and any notes taken by the

jurors themselves during trial.

(f) Additional Instructions. If the jury has a question after deliberation begins, the jury may

request additional instructions in writing from the Court. Any interaction between the Court

and the jury must be on the record, after notice to the parties.

(g) Declaration of the Verdict. When a majority of the jurors in a civil case agrees on a verdict,

the jury shall inform the Court. The jury shall be taken into the courtroom; the verdict shall be

given in writing to the Court and read aloud by the Court. The Court will ask the jury

foreperson whether this is the verdict. Either party may have the jury polled to determine if

such is, in fact, each juror’s verdict. If insufficient jurors agree with the verdict, the jury shall

be sent out again to reconsider; otherwise, the verdict is complete and the jury shall be

dismissed.

(h) No Verdict. If the jury is discharged before rendering the verdict, or is for any reason

prevented from giving a verdict, the action may be retried.

G-28

Special Verdicts

The Court may require the jury to return the verdict in the form of specific findings on specified

issues or may require the jury to return a general verdict accompanied by answers to questions

related to the issues under consideration.

G-29

Instructions to the Jury

(a) Requests. At the close of the evidence, or at any earlier time as directed by the Court, any

party may file written, requested instructions for the Court to give to the jury.

(b) Instructions. Outside the presence of the jury, the Court will inform the parties of the

instructions it intends to give the jury. Parties will be given the opportunity to object to the

instructions on the record and outside the hearing of the jury.

G-30

Directed Verdict; Judgment as a Matter of Law; Judgment Notwithstanding

the Verdict

(a) Motion for a Directed Verdict or Judgment as a Matter of Law. If a party believes that the

other party has not met the burden of proof at trial, a motion for directed verdict or judgment

as a matter of law may be made any time before the case is submitted to the jury. The motion

must specify the law and facts that entitle the party to the judgment.

(b) Motion for Judgment Notwithstanding the Verdict. After a verdict, the parties have fifteen

(15) days to move for an entry of a judgment notwithstanding the verdict or for a new trial.

G-31

Findings by the Court

In cases tried without a jury, findings of fact and conclusions of law will be made by the Court

in support of all final judgments. Within ten (10) days of the entry of judgment, on the Court’s

own motion or the motion of any party, the findings and judgment may be amended.

G-32

Disability or Disqualification of a Judge

(a) Disability. If a trial or hearing has begun and the judge is unable to proceed, any other

judge may proceed with the case upon certifying familiarity with the record and determining

that the proceedings in the case may continue without prejudice to the parties. The successor

judge may recall any witness.

(b) Disqualification. Whenever a party alleges that the judge has a bias or prejudice, either

against such party or in favor of any other party, the judge will determine in his or her discretion

whether to proceed any further with the case. The allegation of bias must be filed as soon as

practicable after the case has been assigned or the alleged bias or prejudice is known.

G-33

Judgment

(a) Definition. A judgment includes any final order and no special form is required. The Court

in a civil action will announce a judgment either orally or in writing after completion of the

trial or hearing. All judgments will be reduced to writing, which will include the basis for the

decision.

(b) Judgment on Multiple Claims. An order or decision on some claims in a case will not end

the action with respect to any other claims until all claims are finally decided. The appeal

period will not start to run until all claims are finally decided, unless the Court makes a specific

finding otherwise.

(d) Attorney Fees. The Court may award attorney fees in a case if it reasonably appears that

the case was pursued for purposes of harassment only, or that there was no reasonable

expectation of success, or in the interests of justice.

In any action where the Pueblo and/or any of its officers or employees are sued for a cause of

action arising out of, or in the course of, the performance of a tribal function or duty, or in any

action—except by the Pueblo—against the bond of any such officer or employee, if judgment

is rendered against the petitioner, the Court shall award a reasonable attorney fee against the

losing petitioner and in favor of the Pueblo and/or its officers or employees.

(e) Entry of Judgment. A judgment is complete and will be deemed entered for all purposes

when it is signed by the judge and filed with the Court.

G-34

Default

(a) Entry of Default. When a respondent has failed to respond to a Petition and failed to appear

in Court after receiving notice, the Court may enter a default on motion of the petitioner. A

judgment by default will not be different in kind from, or exceed in amount, that specifically

requested in the original demand for judgment.

(b) Judgment by Default. Judgment by default may be entered:

1. If a party’s claim is for a sum of money that can be made certain or there is other

specific relief that the Court can grant;

2. If the opposing party has been personally served according to these rules; and

3. The Court has personal jurisdiction over the opposing party. Otherwise, judgment by

default can be entered by the Court only upon receipt of whatever evidence the Court deems

necessary to establish the claim.

No judgment by default shall be entered against the Pueblo.

G-35

Summary Judgment

Any time after the start of an action, but not to delay a trial, any party may move the Court for

summary judgment on any or all of the issues. Summary judgment will be granted there is no

genuine issue about any important fact and the party asking for summary judgment is entitled

to it as a matter of law. Motions for summary judgment may be supported by affidavits,

discovery, or memoranda, which must be made available to opposing parties at least two days

prior to a summary judgment hearing.

G-36

New Trials; Amendments of Judgment

(a) Grounds; Time. Any party may move for a new trial on any or all of the issues, for any of

the following reasons, by filing a motion within fifteen (15) days after the entry of the verdict

or judgment:

1. An error or irregularity that prevented any party from receiving a fair trial;

2. Misconduct of the jury or jury members;

3. Newly discovered evidence that ordinary diligence could not have produced at trial;

4. Damages so excessive or inadequate that they appear to have been given under the

influence of passion or prejudice; or

5. Insufficient evidence to justify the judgment or the judgment it is contrary to law.

(b) Harmless Error. The Court will not grant a new trial on the basis of error or irregularity

that was harmless, meaning the error did not affect substantial justice.

motions for a new trial and a responsive pleading will be allowed.

(d) Court Initiative. The Court may, on its own initiative, within fifteen (15) days after entry

of judgment, order a new trial based on any permitted grounds and will specify the grounds for

ordering a new trial.

(e) Motion To Alter or Amend Judgment. A motion to alter or amend a judgment shall be filed

with the Court within fifteen (15) days after entry of the judgment.

G-37

Relief from Judgment or Order

(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record, and

errors arising from oversight or omission may be corrected by the Court at any time on its own

initiative or on the motion of any party and after such notice as the Court directs.

(b) Mistakes; Newly Discovered Evidence, etc. On motion, the Court may relieve a party from

a final judgment or order for the following reasons:

1. Mistake, surprise, or excusable neglect;

2. Newly discovered evidence that by due diligence could not have been discovered in

time to move for a new trial under Section G-36;

3. Fraud, misrepresentation, or other misconduct of the other party;

4. When the Summons in an action has not been served upon the respondent in accordance

with Section G-11 and a default judgment was entered;

5. The judgment is void;

6. The judgment was satisfied or discharged or it is no longer equitable that the judgment

should apply; or

7. Any other reason justifying relief from the judgment.

after the judgment became final. The Court has the discretion to determine whether it was filed

within a reasonable time. A motion under this rule does not affect the finality of a judgment or

suspend its operation.

G-38

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 otherwise disturbing a judgment or order, unless refusal to take such

action appears to the Court inconsistent with substantial justice. The Court at every stage of

the proceeding will disregard any error or defect in the proceeding that does not affect the

substantial rights of the parties.

G-39

Execution

(a) Types of Execution. Court orders allowing execution of a judgment shall consist of two

types:

1. Attachment is used to seize property in possession of a judgment debtor.

2. Garnishment is used to seize property or wages in the possession of a person other than

the judgment debtor.

(b) Service. Orders of attachment or garnishment shall be served in the same manner as the

Summons and Petition, and proof of service shall be filed with the Court.

granted at the Court’s discretion.

(d) No Self-Help. Subpart J-10 of the Code discourages self-help repossessions.

G-40

Stay of Proceedings to Enforce a Judgment

(a) Stay upon Entry of Judgment. Proceedings to enforce a judgment may issue immediately

upon the entry of the judgment, unless the Court in its discretion and on such conditions for

the security of the adverse party as are proper otherwise directs.

(b) Stay on Motion for New Trial or for Judgment. In its discretion and on such conditions for

the security of the adverse party as are proper, the Court may stay the execution of, or any

proceedings to enforce, a judgment pending the disposition of a motion for a new trial or to

alter or amend a judgment or of a motion for relief from a judgment or order, or of a motion

for judgment in accordance with a motion for a directed verdict, or of a motion for amendment

to the findings or for additional findings.

G-41

Injunction/Restraining Order

(a) Temporary Restraining Order (Injunction). A temporary restraining order may be granted

without notice to the other party only if it clearly appears from specific facts shown by affidavit

or by verified Petition that immediate and irreparable injury, loss, or damage will result to the

petitioner before the respondent can be heard.

(b) Duration of Temporary Restraining Order. Every temporary restraining order granted

without notice shall be filed immediately with the Court and shall expire by its own terms

within such time after entry, not to exceed ten (10) days unless the order is extended for good

cause or the other party agrees to extend it. In case a temporary restraining order is granted

without notice, a hearing with all parties present will be held as soon as possible. On notice to

the party who obtained the temporary restraining order, the other party may appear and move

for its dissolution.

sum as the Court deems proper, for the payment of such costs and damages as may be sustained

by a party who is found to have been wrongfully enjoined.

(d) Hearing Temporary Restraining Order. Within ten (10) days, the Court will hold a hearing

where both sides will be given an opportunity to be heard on whether to issue a longer-term or

permanent restraining order (injunction).

(e) Form and Scope of Restraining Order/Injunction; Service. Every order granting an

injunction and every restraining order (1) will state the reasons why it was issued; (2) will be

specific; (3) will describe in reasonable detail the acts to be restrained or required; and (4) is

binding only upon the parties to the action, including their officers, agents, servants,

employees, and attorneys, and any persons in active concert or participation with the parties,

so long as the parties receive actual notice of the order by personal service or otherwise.

G-42

Appeal

All appeals from the Tribal Court shall be heard by the Tribal Council in accordance with the

provisions of the Law and Order Code concerning appeals.

Subpart H

H-1

Rules of Criminal Procedure

Complaints

(a) All criminal prosecutions for violation of the Law and Order Code shall be initiated by

complaint. A complaint is a written statement sworn to by the complaining witness and

charging that a named individual(s) has committed a particular criminal offense.

(b) Complaints shall contain:

1. The signature of the complaining witness sworn to before a Judge or an individual

designated by the Judges;

2. A written statement by the complaining witness describing in ordinary language the

nature of the offense committed including the time and place as early as may be

ascertained;

3. The name or description of the person alleged to have committed the offense; and

4. The section of the Law and Order Code allegedly violated.

in drawing up complaints and who shall screen them for sufficiency. Complaints shall then be

submitted without unnecessary delay to a Judge to determine whether a warrant or summons

should be issued.

(d) If the complaint or the complaint together with other sworn statements is sufficient to

establish probable cause to believe that a crime has been committed by the person charged and

the Tribal Court has jurisdiction over that person: the Tribal Court shall issue a warrant

pursuant to Subpart H-24 of this Code instructing the police to arrest the named accused; or in

lieu thereof, the Tribal Court shall issue a summons commanding the accused to appear before

the court at a specified time and place to answer to the charge.

(e) When an accused has been arrested without a warrant, a complaint shall be filed with the

Tribal Court for review as to whether probable cause exists to hold the accused, and in no

instance shall a complaint be filed later than at the time of arraignment.

(f) All criminal prosecutions for violation of the Law and Order Code shall be initiated by

complaint. A complaint is a written statement sworn to by the complaining witness and

charging that a named individual(s) has committed a particular criminal offense.

(g) Complaints shall contain:

The signature of the complaining witness sworn to before a Judge or an individual

designated by the Judges;

A written statement by the complaining witness describing in ordinary language the

nature of the offense committed including the time and place as early as may be

ascertained;

The name or description of the person alleged to have committed the offense; and

The section of the Law and Order Code allegedly violated.

(h) The Tribal Court Judge may designate an individual who shall be available to assist persons

in drawing up complaints and who shall screen them for sufficiency. Complaints shall then be

submitted without unnecessary delay to a Judge to determine whether a warrant or summons

should be issued.

(i) If the complaint or the complaint together with other sworn statements is sufficient to

establish probable cause to believe that a crime has been committed by the person charged and

the Tribal Court has jurisdiction over that person: the Tribal Court shall issue a warrant

pursuant to Subpart H-24 of this Code instructing the police to arrest the named accused; or in

lieu thereof, the Tribal Court shall issue a summons commanding the accused to appear before

the court at a specified time and place to answer to the charge.

(j) When an accused has been arrested without a warrant, a complaint shall be filed with the

Tribal Court for review as to whether probable cause exists to hold the accused, and in no

instance shall a complaint be filed later than at the time of arraignment.

H-2

Arrests

(a) Arrest is the taking of a person into police custody in order that he may be held to answer

for a criminal offense.

(b) No police officer shall arrest any person for a criminal offense set out in the Law and Order

Code except when:

1. The officer shall have a

This text is long and has been trimmed here. Open the source document for the complete record.

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.