# RULES OF CIVIL PROCEDURE

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

RULES OF CIVIL PROCEDURE
INDEX
RESOLUTION NO. SR-2386-2005 ..... .... ........... ................ .............. ...... .......... PG 1
I.DEFINITIONS ...................................................................... ... .............. PG 1-5
RULE 5-11 COMPLAINT AND SUMMONS
RULE 5-11.1 VOLUNTARY DISMISSAL OF COMPLAINT................................PG 6
RULE 5-12 CLERK ASSISTANCE
RULE 5-13 SERVICE OF PROCESS ............................................................ PG 7-9
RULE 5-13.1 COMPUTATION OF TIME
RULE 5-14 ANSWER ..................... .......... .. ..... ................................... .... ..PG 9-10
RULE 5-14-1 COUNTERCLAIM AND REPLY TO COUNTERCLAIM............ PG 10-11
RULE 5-14.2 ANSWER, MOTION TO DISMISS, COUNTERCLAIM AND REPLY DUE
DATES
RULE 5-15 PLEADINGS............................................................................ PG 11
RULE 5-15.1 MOTIONS AND OTHER PAPERS ..... ..... ...................... ..............PG 12
RULE 5-15.2 FORM OF PLEAJ)INGS, MOTIONS AND OTHER PAPERS;
CORRECTIONS OF MISTAKES IN
PLEADINGS................................................................... ....................PG 12-13
RULE 5-15.3 AMENDMENT OF PLEADINGS. MOTIONS OR OTHER PAPERS
RULE 5-15.4 CONSTRUCTION OF PLEADIN~S, MOTIONS OR OTHER PAPERS
PG 13
RULE 5-15.5 MOTION FOR RECONSIDERATION .. ........................... ·............PG 14
II. DEFAULT NOTICE AND DEFAULT JUDGMENT
RULES 5-16 DEFAULT NOTICE ........... ...................... .. ..............................PG 14
RULES 5-16.1 DEFAULT JUDGMENT .. ........ .. .............. .... ........... ... ....... .......PG 15

III. PRE-TRIAL AND DISCOVE:RY
RULE 5-1 7 NOTICE OF TRIAL..... ..................................................... . . PG 1 6
RULE 5-17.1 PRE-TRIAL CONFERENCE ............................................ PG 16-17
RULE 5-1 8 DISCOVERY SCOPE, QUESTIONS, PRODUCTION, AND ADMIS·
. SIONS ................................................................................................PG 17-18
RULE 5 · 18.1 DrSCOVERY DISCLOSURE STATEMENT......................... PG 18·19
RULE 5·18.2 ORAL DEPOSITION OF PARTIES AND WITNESSES
RULE 5-19 SUBPOENA OF TRIAL WITNESSES ................................... PG 19
RULE 5-19. 1 DISCOVERY, DEPOSITION AND WITNESS SUBPOENA OBJEC·
TIONS ........................................... . ....................... . ............................ PG 19-20
RULE 5·20 SERVICE OF PLEADINGS, MOTIONS, OTHER PAPERS, COURT NoTICES, COURT ORDERS, ETC.............................................................. PG 20·21
RULE 5·2 1 SETTLEMENT BEFORE TRIAL. .......................................... PG 2 1
RULE 5·2 1. 1 SETTLEMENT BEFORE TRIAL
RULE 5-22 F AlLURE TO APPEAR
RULE 5-22. 1 DrS MISSAL BY THE COURT FOR F AlLURE TO PROSE·
CUTE............................................ ........................ ............................. PG 22

IV. TRIAL
RULE 5-23 TRIAL PROCEDURE ........ ... .............. . .. . ........ .................. ... PG 22·23
RULE 5-23. 1 EVIDENCE................. .................... ...................... ... ... . .. PG 23·24
RULE 5-23.2 WITNESS TESTIMONY . .. ............................................... . PG 24
RULE 5·23.3 JUDICIAL NOTICE
RULE 5·23.4 USE OF DISCOVERY AND DEPOSITIONS AT TRIAL ......... PG 25
RULE -23.5 JURY TRIAL.................. ......... ..... . ... .......... . ................... PG 25·26
RULE 5·23.6 JUDGMENT AS A MATTER OF LAW IN A JURY TRIAL..... PG 26
RULE 5-23.7 SUMMARY JUDGMENT ................... . .. ......... . .. .... . .... . . . . .. PG 26-27

V . JUDGMENT
RULE 5-24 JUDGMENT AND DAMAGES .......................... .................. ....PG 27-30

.

.

RULE 5-24. 1 MOTION TO CORRECT JUDGMENT
RULE 5-24.2 MOTION REGARDING EXCESSIVE OR INSUFFICIENT DAM·
AGES ...... .... •. .. ............ .. .....................•.. ........................ ........................ PG 30
RULE 5-24.3 MOTION FOR NEW TRIAL. ............................................. ... PG 3()..31
RULE 5-24.4 MOTION TO SET ASIDE.FINAL JUDGMENT........................ PG 31 ·32
,•

RULE 5-25 WANER OF FlUNG AND. OTHER COURT FEES ....... ............ .. PG 32
RULE 5-25. 1 RECOGNITION BY FULL FAITH AND CREDIT OR COMITY•• •PG 33
RULE 5-25.2 TEMPORARY RESTRAINING ORDER.................... ............. PG 34-36
RULE 5-25.3 INJUNCTIONS ..... ...................................... ... .... ..... ........... PG 36-38
RULE 5-25.4 SOVEREIGN IMMUNITY
RULE 5-25.5 I~~RETATION ••••.••••••••••••••••• ~ ••••••••••• •••••••• •••••• •••••••••••• PG 38
RULE 5-25.6 SAVINGS
RULE 5-25.7 EFFECTIVE DATE. ......................... .. .................. ............... PG 39

·.

SALT RIVERPIMA-MARICOPA
INDIAN COMMUNITY
10005 East Osborn Road
Scottsdale. Arizona 85256
RESOLUTION NO. SR -2386 -2005

··wHEREAS, the Salt River Pima-Maricopa Indian Community ("SRP:MIC" or
"Community") Council has the authority pursuant to Art. VII § 1 of the SRPMIC
Constitution to exercise any power vested in the Community; and
·wHEREAS, the Community Council established the Salt River Pima Maricopa Indian
Community Court pursuant to Art VII, §1(c)(2) of the SRPMIC Constitution; and
WHEREAS, the Community Council, in establishing the Court, set forth standards
governing the Court which are codified in the SRP:MIC Code of Ordinances
("Code"); and
WHEREAS, Article IV, Section 4-41 of the Code authorizes the Chief Judge of the
Community Court to develop and propose rules for the governance of the Court
and the governance of procedure to be followed in matters before the Court,
provided such rules are ultimately considered and commented upon by the
Community Council; and
WHEREAS, in the interest of developing rules of court that are useful to all parties
appearing therein, the Court has formed a Rules Committee which the Chief
Judge chairs and which has membership consisting of all judges of the
Community Court, representatives from the Community Council, representatives
from the Community Office of General Counsel, and representatives from
Prosecution, Defense and Legal Services offices and advocates licensed to
Court; and
practice within

the

WHEREAS, the Rules Committee first met to develop the Rules of Civil Procedure in
the Fall of 1999, and has been meeting since then to refine the Rules into the form
best addressing the needs of the Community and the Court as presented to the
Council this day (Attached and incorporated herein as "Attachment A"); and
WHEREAS, the Rules Comm...-ittee published notice in the Au-Authum newspaper about
the availability of the :final draft of the proposed Rules for public reView, with
comments due no later than March 10, 2004; and
WHEREAS, the Rules Committee did not receive any public comment concerning the
published Rules of Civil Procedure and has implemented recommended changes
from the Community's Office · of General Counsel and from the Community
Council itself; and

WHEREAS, the Community Council, after reviewing and actively assisting in the
development of the Rules of Civil Procedure, finds it is in the best interests of the
Salt River Pima-Maricopa Indian Community to approve adoption of the Rules of
Civil Procedure, as presented, to assist in the orderly administration of justice
·within the Community Court.
NOW THEREFORE BE IT RESOLVED that the Salt River Pima-Maricopa Indian
Community Council hereby adopts. and accepts as procedure for the Community
Court the Rules of Civil Procedure as presented this day (See Attachment "A").
BE IT FURTHER RESOLVED that the Salt River Pima-Maricopa Indian Community
Council authorizes and directs the President or Vice President to take all steps
reasonably necessary to and in aid of carrying out the purpose and intent of this
Resolution.
BE IT FJNALLY RESOLVED that the newly adopted Rules of Civil Procedure shall be
posted in at least five (5) conspicuous and community places and include
notification that the Rules will take effect sixty (60) calendar days after the date of
this Resolution.

CERTIFICATION
Pursuant to the authority contained in Article VII, Sections l(c) and l(k) of the
Constitution oftbe Community, the foregoing resolution was adopted this 15th day of
December, 2004, in a duly called meeting held by the Council in Salt River, Arizona at
which a quorum of 9 members were present by a vote of 9 for, 0 opposed, 0 abstention
and 0 excused.

SALT RIVER PIMA-MARICOPA
INDIAN COMl\flJNITY COUNCIL

~

Q'\:?'

VLOOnard Rivers, Vice President
ATTEST:

A/;~~u~

C~arvier, Secretary

.t

"Reconsideration, motion for" means a motion to the court to reconsider a
previous ruling.
"Respondent" means the party who responds to a petition.
"Response" means the same thing as an answer as defined above.
"Responsive Pleading" means the filing of an Answer, Mobon to Dismiss, an
extension of time or other defending motion.
"Serve or Service" means the delivery of a complaint, order or other
document(s) through personal service, certified mail, or publication and posting
as provided in these Rules.
"Special Appearance" means that a person is entering an appearance for the
limited purpose of contesting whether the Court has personal jurisdiction.
"Statutory Agent" means the person in an organization or government who, by
law, accepts service of process.
"Substitution of Advocate" means the replacement of one advocate of a party
by another advocate, usually through the filing of a written notice.
"Substantially Justified" means that a litigation position has a reasonable
basis in both law and fact, based upon the totality of the circumstances as
determined by the Court.
'\Summary Judgment'' means a showing that there is no genuine issue as to
any material (relevant, important and/or necessary) fact and that the moving
party is entitled to a judgment as a matter of applicable law. (See Code 4.1(b)).
"Temporary Restraining Order'' means a type of order that commands a
person and/or party to do something or not to do something for a limited period
of time.
"Verdict" means the written decision of the jury at the end of a civil action
where the jury decides the case and if damages or other relief should be
allowed.
"Withdrawal of Advocate" means the process by which an advocate ends
representation of a client as referred to in Section 1 (XII) of the Rules of
Professional Conduct.

Page6

J."ll.I.

(b)

The answer, motion or responsive pleading may be made orally in open
Court or in writing. The Court has discretion to require that an oral
answer, motion to dismiss or other responsive pleading be put into writing
and filed with the Court.

(c)

The content of the answer should ordinarily:
(1) admit or deny every allegation in the complaint;
(2) contain a short and plain statement of all defenses;
(3) contain a demand for relief including relief in the alternative or
of different types; and
(4) a counterclaim, ifany, as provided in Rule 5-14.1 below.

(d)

A statement that the defendant does not know whether the allegation is
true shall be considered a denial.

(e)

Allegations in a complaint other than those as to the amount of damage
are admitted when not denied in the answer.

(f)

When a party designates a defense as a counterclaim or a counterclaim as
a defense by mistake, the Court shall treat the pleading as if it had been
correctly designated.

(g)

The answer, motion to dismiss or other responsive pleading shall be
served as provided in Rule 5-20.

Rule 5-14.1 Counterclaim and Reply to Counterclaim
(a)

The defendant ordinarily should file a counterclaim, if any, including a
setoff against the plaintiff by combining the counterclaim with the answer.

(b)

The Counterclaim, if any, may be filed as a pleading separate and apart
from the answer.

(c)

The content of the counterclaim shall conform substantially to the
requirements of a complaint as provided in Rule 5-11. The counterclaim
must provide a short and plain statement of the grounds on which the
Court's jurisdiction depends, unless the Court already-has jurisdiction.

(d)

The plaintiff may file a reply to the counterclaim. The content of the reply
shall conform substantially to the requirements of the answer as provided
in Rule 5-14.
·

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(e)

1/10/2005

The counterclaim and reply to the counterclaim shall be served as
provided in Rule 5-20.

Rule 5-14.2 Answer, Motion to Dismiss, Counterclaim and Reply Due
Dates
(a)

The defendant shall have thirty (30) calendar days in which to file a
written answer, motion to dismiss or other responsive pleading and
counterclaim, if any, after service of the complaint is completed. If a
shorter or different time period is expressly required by law, the time
period requi.red by law shall be followed.

(b)

Alternatively, the defendant shall have thirty (30) calendar days to inform
the Clerk in writing, by telephone or in person t hat defendant will file an
oral answer, motion to dismiss or other responsive pleading in open court.
Upon notification, the Court will set a hearing for this purpose that may be
consolidated with any other hearing already scheduled. The Court will
enter an order acknowledging the oral answer, motion to dismiss or other
responsive pleading if the defendant is not ordered to do so under Rule 5-

14 (b).
(c)

After service of a counterclaim is completed, the plaintiff shall have ten
(10) business days to file a reply to the counterclaim.

(d)

Upon written request the Court shall grant at least one extension of time
not to exceed thirty (30) additional calendar days to file an answer,
counterclaim or reply. Any further extension of t ime must be by order of
the Court for good cause shown. An extension shall not be requested or
granted once the Court has entered a default notice as provided in Rule 5-

16.
(e)

If t he Court denies a motion to dismiss or other responsive pleading, the
defendant shall have fifteen (15) calendar days to file an answer.

Rule 5-15 Pleadings
(a)

Pleadings shall consist of the complaint, answer, motion to dismiss or
other responsive pleading, counterclaim and reply to a counterclaim.

(b)

No other pleadings are allowed other than what subparagraph "(a)"
specifies.

.Page 12

l.·llla.1

1/ 10/2005

Rule 5-15.1 Motions and Other Papers
(a)

A written motion shall be filed to make an application for an order, unless
made orally during a hearing or trial. The motion shall specify the action
that the applicant is requesting from the Court and the reasons for the
action.

(b)

A copy of any written motion shall be served upon the other party as
provided in Rule 5-20.

(c)

Any response to a written motion shall be filed no later than ten (10)
business days after service of the motion.

(d)

If any new issues are raised in the response, a reply may be fi led no later
than ten (10) business days after service of the response, and the reply
shall be served as provided in Rule 5-20.

Rule 5-15.2 Form of Pleadings, Motions and Other Papers; Corrections
of mistakes in pleadings
(a)

Every pleading, motion Qr other paper must contain:
(1)

a caption setting forth the name, address and phone number of the
party or their advocate if any, the name of the Community Court,
the title of the action, the file number if known and title of the
pleading or document; and

(2)

the name, date and signature of the party or their advocate if any
at the end followed by a certificate of service when required by
Rule 5-20.

(b)

Pleadings, motions and other papers should be on white paper measuring
8 V2 inches wide by 11 inches long where possible. Text should be clearly
and legibly handwritten or typed in black ink, double-spaced, and on one
side of the paper only. Documents greater than one page in length
should be numbered .

(c)

The Court shall interpret all pleadings, motions or other papers in order to
do substantial justice. Where possible, the court shall consider defects,
ambiguities or technical imperfections (concerns) of pleadings, motions
and other papers as follows:
(1)

Minor concerns shall be interpreted in favor of deciding t he issue.

.Page 13

l.'Wi:l.l

(d)

l/10/LlJlJ.)

(2)

Major concerns, especially in the case of self-represented
individuals, shall be given an opportunity for correction.

(3)

Dismissals and default judgments, based on major and minor
concerns, should be avoided.

The Court shall develop and make available to any person upon request
as provided in Rule 5-12 sample forms of complaints, answers,
counterclaims, replies to counterclaim(s), motions and responses to
motions.

Rule 5-15.3 Amendment of Pleadings, Motions or other Papers
(a)

Prior to a response being filed, any pleading, motion or other paper may
be amended once without permission of the Court by filing an amended
pleading, motion or other paper. The amended pleading, motion or other
paper shall be served as provided in Rule 5-20. However, an amended
complaint must be served in the same manner as the original complaint as
provided in Rule 5-13 if the original .complaint had not been served.

(b)

Once an amended pleading, motion or other paper has been filed with the
Court, a motion for permission to further amend must be filed with the
Court. The other party shall have ten (10) business days to file a
response to the motion. The motion and response to the motion shall be
served as provided in Rule 5-20.

(c)

After a party files a response the Court may freely grant the first motion
to amend but may require good cause to be shown for any subsequent
motions to amend.

(d)

Within five (5) business days after service of the order granting a motion
to amend, the amended pleading, motion or other paper shall be filed and
served as provided in Rule 5-20.

(e)

The party upon whom an amended pleading, motion or other paper has
been served shall have up to ten (10) business days to file a responsive
pleading, motion or other paper, and shall serve it as provided in Rule 520. If the time period to file an answer to the original complaint has not
yet expired, the Defendant shall have thirty (30) calendar days after
service of the amended complaint to file an answer or counterclaim.

Rule 5-15.4 Constructio·n of Pleadings, Motions or other Papers

Page 15

l/lU/LUU)

(3) If the party does not defend within thirty (30) calendar days,
the Court may enter a default judgment against the party as
provided in Rule 5-16.1; and
( 4) The party is warned that a default judgment may have serio~s,
adverse, and irreversible consequences; and
(5) The party must file a written answer, motion to dismiss or other
responsive pleading but it is too late to request an extension of
time or to make an oral answer.
(d)

The Court shall serve upon all parties a copy of the default notice as
provided in Rule 5-20. ·

(e)

The default notice is effective once it has been served as provided in Rule
5-20.

(f)

The default notice shall become null and void as long as an answer,
motion to dismiss, or other responsive pleading is filed with the Court
within thirty (30) calendar days before the default notice becomes
effective.

(g)

The entry and service of a default notice is required before a default
judgment may be entered as provided in Rule 5-16.1.

Rule 5-16.1 Default Judgment
(a)

Thirty (30) calendar days after the default notice becomes effective, a
party in whose favor the default notice has been entered may motion for
entry of a default judgment against the defaulting party. The' motion shall
be accompanied by an affidavit of the amount due plus any supporting
documentation of the claim.

(b)

The motion and affidavit shall be served on all parties as provided by Rule
5-20.

(c)

The defaulting party shall have ten (10) business days from the
completion of service of the motion for entry of default judgment and its
accompanying affidavit to file an answer, motion to dismiss or other
responsive pleading but it is too late to request an extension of time.

(d)

A default judgment shall be denied if a timely answer, motion to dismiss
or other responsive pleading is filed, and any default notice shall become
null and void.

(e)

Hearing Not Required

Page 14

l.'lliCU

1/10/2005

The Court shall interpret all pleadings, motions or other papers in order to do
substantial justice as follows: Where possible, minor defects, ambiguities or
technical imperfections with pleadings, motions and other papers shall be
interpreted in favor of deciding the issue. Dismissals and defaults based upon
defects, ambiguities or technical imperfections shall be avoided whenever
possible. The Court should allow parties, especially where self-represented, an
opportunity to correct major defects, ambiguities or technical imperfections for
pleadings, motions or other papers.

Rule 5-15.5 Motion For Reconsideration
A party, seeking reconsideration. of a court ruling, may file a motion for
reconsideration with the same judge within ten (10) business days of receipt of
the ruling. All motions for reconsideration shall be submitted to the court
without oral argument and without response or reply, unless the court otherwise
directs.
The Court may summarily deny the motion.
No motion for
reconsideration shall be granted, however, without the court providing an
opportunity for response at a minimum, with a reply and/or oral argument being
allowed in the discretion of the court. A motion authorized by this Rul~ shall not
operate to extend the time within which a notice of appeal must be filed. The
court may grant or deny the motion after any filing of an appeal in the matter.

II.

Default Notice and Default Judgment

Rule 5-16 Defauft Notice
(a)

The Court shall enter a default notice against a party who has failed or
refused to defend by filing an answer, motion to dismiss, request for an
extension of time or other responsive pleading.

(b)

The Court may enter the default notice up to thirty (30) calendar days
after a party has failed or refused to defend within the time periods
provided by these Rules, or against a party who, given notice of a hearing
date, fails to appear at such hearing.

(c)

The default notice shall state that:
(1) An action has been filed against the party and urgent attention
is required; and
(2) The party has not attended or has refused to attend a hearing
or to defend by filing an answer, motion to dismiss, request for
extension of time or other responsive pleading; and

Final

Page 16

1110/2005

The Court may enter a default judgment for a sum certain or which can
be made certain by computation without a hearing if the defaulting party
does not respond according to subparagraph "(c)" and a hearing is not
required by subparagraph "(f)" below.

(f)

Hearing Required
(1) In any case involving a minor, an incompetent person, domestic
relations, debtor-creditor transactions, claims of $2,500 and greater or
if ordered in the discretion of the Court, a hearing shall be held before
entry of default judgment if the defaulting party does not respond
according to subparagraph "(c)" above. The purpose of the hearing is
to establish factual allegations, investigate any necessary matter and
to determine remedies.
(2) Notice of hearing is to be given to the respondent/defendant.
(3) Defendant shall have.the right to present evidence on the issue of
remedies only, at the hearing.

(g)

A default judgment shall be served upon all parties as provided in Rule 520.

(h)

A default judgment shall conform to the requirements of Rule 5-24 (b).

III.

Pre-Trial and Discovery

Rule 5-17 Notice of Trial
(a)

Within · ten (10) business days after the filing of the last pleading in the
action, the Court shall order the parties to appear for trial at a time and
piace which shall be not less than thirty (30) calendar days nor more than
sixty (60) calendar days from the date of service of final pleading. If a
shorter or different time period is expressly required by law, the time
period required by law shall be followed .

(b)

The Court may postpone and continue the trial for not more than thirty
(30) calendar days upon the motion of any party for good cause or upon
its own motion.

Rule 5-17.1 Pre-trial Conference

.rage 1 1

1110/2005

(a)

The Court in its discretion or upon request of any party may order the
parties and any advocates to participate in a pre-trial conference no less
than ten (10) business days before trial. The order shall be served at
least five (5) business days prior to the conference and in a manner as
provided in Rule 5-20.

(b)

The purpose of the conference is to expedite disposition of the action,
establish early and continuing control so that the case will not be delayed
because of lack of management, discourage wasteful pretrial activities,
improve the quality of the trial through more thorough participation, and
facilitate the settlement of the case.

(c)

At the conference, the Court may:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)

(d)

resolve any discovery issues or disputes provided a Rule 519.1 motion and response has been filed;
resolve any pending motions;
dismiss any non-meritorious claims or defenses;
permit amendment of any pleading, motion or other paper;
assist in the identification of any issues of fact which are
still at issue;
obtain stipulations as to the foundation or admissibility of
evidence plus other matters;
determine whether any time limits or procedure in the Code
or these Rules should be modified or suspended;
discuss and establish any applicable time limits;
explore peacemaking; and
facilitate settlement.

After any pre-trial conference, the Court shall enter an order reciting the
action taken. ihe order shall control the subsequent course of the
proceeding unless modified by a subsequent order.

Rule 5-18 Discovery Scope, Questions, Production and Admissions

(a)

Parties may obtain discovery regarding any matter, not privileged, which
is relevant to the subject matter involved in the pending action, whether it
relates to any claim or defense of the party seeking discovery or to any
claim or defense of ·any other party, including the existence, description,
nature, custody, condition and location of any books, documents, or other
demonstrative things and the identity and location of persons having
knowledge of any discoverable matter.

Einal

Page 18

1/10/2005

(b)

No later than ten (10) business days after service of the final pleading,
any party may by written notice to the other party request the other party
to answer written questions; to provide copies of documents, photographs
or things; and to admit or deny written statements. The request shall
include a copy of the text of Rule 5-19.1.

(c)

The requesting party shall file the original notice of the req uest with the
Clerk of the Court and serve a copy upon the other party as provided in
Rule 5-20.

(e)

The receiving party shall have twenty (20) calendar days to comply with
the requesting party by answering the written questions, producing the
documents, photographs or things and admitting or denying any written
statements. The response shall be served on the requesting party as
provided in Rule 5-20.

(f)

Upon application and good cause shown, the Court may grant the
receiving party only one appropriate extension of time to comply with the
requesting party's discovery request.

(g)

The requesting party may pursue a default notice and default judgment as
provided in Rules 5-16 & 5-16.1 against the receiving party if no response
is made.

Rule 5-18.1 Discovery Disclosure Statement
(a)

(b)

Each party shall provide every other party a written disclosure statement
within ten (10) business days of receipt of the final pleading. This
statement shall consist of:
(1)

A short and plain statement of the factual basis and legal
theory for every claim, defense, counter-claim and reply;

(2)

The names, addresses, and telephone numbers of all
witnesses known to the disclosing party with a short
summary of such person's expected testimony; and

(3)

A listing of the location of all demonstrative evidence,
documents or things.

If no disclosure state.DJ_gnt is made, the OQposing party may QUrs~
default notice and default judgment against the non-complying party as
provided in Rules 5-16 and 5-16.1.

rage 1~

(c)

1110/2005

The Court may exclude any undisclosed witnesses or evidence as
inadmissible at any further proceeding or trial.

Rule 5-18.2 Oral Deposition of Parties and Witnesses
(a)

No less than ten (10) business days before trial, each party may depose
any other party or witness of any other party.

(b)

The parties shall by written stipulation provide how depositions may be
taken, before any person, at any time or place, upon any notice and in
any manner including but not limited to video recording. The parties may
stipulate as to limiting the extent of the admissibility at trial of any
information given during the deposition, subject to Rule 5-23.4.

Rule 5-19 Subpoena of Trial Witnesses
(a)

Any party who will call witnesses at trial, shall file a written request for a
subpoena with the · Clerk no later than ten (10) business days after
receiving the Notice of Trial, unless otherwise prohibited by the Code.

(b)

Upon receipt of the request, the Clerk shall cause a subpoena to be issued
and served upon the witness commanding their presence at trial to testify,
production of documents, or both.

(c)

The Court shall adopt a uniform subpoena including a statement that the
requesting party shall pay its witnesses the daily witness fee plus mileage.

(d)

The requesting party shall pay witnesses a fee of $10.00 per day plus
mileage at the rate provided by law no later than ten (10) business days
after such person has appeared.

(e)

The subpoena and a copy of the text of Rule 5-19.1 printed on the
subpoena shall be served as provided in Rule 5-20.

(f)

A witness may file a motion for order to show cause when a requesting
party fails to pay the applicable fee and mileage as provided in "(dY'
above.

Rule 5-19.1 Discovery, Deposition and Witness subpoena Objections
(a)

Unless a written objection is filed with the Clerk, a person receiving a Rule
5-18 discovery request, Rule 5-18.2 deposition request or Rule 5-19
subpoena shall comply with the request.

! / !V/.t-UV J

(b)

A written objection must:
(1)

Be fi-led with the Court no later than five (5) business days after
service of the discovery request or subpoena;

(2)

Clearly express the grounds and legal basis for the objection; and

(3)

Provide a description of the nature
communication or item not being produced.

of

the

document,

(c)

It is not grounds for objection. that the information sought will be
inadmissible at the trial if the information sought appears reasonably
calculated to lead to the discovery of admissible evidence.

(d)

The party requesting discovery shall have five (5) business days to file a
written response to the objection.

(e)

The objection and response shall be served as provided in Rule 5-20.

(f)

The Court shall hold a hearing within five (5) business days after the
response is filed, and shall grant the motion and quash the discovery
request if it finds that the objection is timely and proper grounds and legal
basis for the objection have been proven. If the objection is untimely or
without merit, the discovery request or subpoena shall become
immediately enforceable.

(g)

The Court may limit the frequency and extent of discovery if the Court
determines that the:
(1)

(2)
(3)

discovery soug.ht is unreasonably cumulative or duplicative,
or obtainable from some other source that is either more
convenient, less burdensome, or less expensive;
party seeking discovery has had ample opportunity for
discovery in the action to obtain the information sought; or
discovery is unduly burdensome or expensive, given the
needs of the case, the amount in controversy, limitations on
the parties' resources, and the importance of the issues at
stake in the litigation.

Rule 5-20 Service of Pleadings, Motions, Other Papers, Court Notices,
Court Orders, etc.

Final

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(a)

Except for the summons and complaint - Motions, other papers, Court
summons, Court notices, Subpoenas and Court orders shall be served by
first class mail unless the Court orders otherwise.

(b)

At the end of every pleading, motion or other paper there shall be a
certification signed by the sending party, dated and addressed to the
other party that such document was sent via first class mail or was hand
delivered . The sending party has an affirmative duty to serve every
pleading, motion or other paper upon every other party.

(c)

The Court shall cause a default notice, default judgment, final judgment
or dismissal order to be served by personal service or certified mail, return
receipt requested and restricted delivery. If personal service or by
certified mail is not successful, service may be made by publication and
posting in the manner provided in Rule 5-12 (f).

(d)

At the end of every Court notice, order, summons etc. there shall appear
a certification that the Court served the party, advocate and witnesses, if
any.

(e)

Service by first ciass mail shall be deemed complete upon receipt but not
longer than ten (10) business days after the mailing.

(f)

Each party, and advocate(s) for any party, have an affirmative and
continuing duty to provide the Court a current mailing address. Service at
a party's last known address shall constitute proper service.

Rule 5-21 Settlement Before Trial
(a)

Immediately before beginning the trial, the Judge shall encourage the
parties to make an earnest effort to settle the case.

(b)

If settlement is fully successful, the Judge shall enter judgment according
to the terms and conditions of the settlement and may impose jury costs
as appropriate.

(c)

If settlement is only partially successful, the Judge shall enter an order to
that effect. Parties may stipulate in writing to factual issues and narrow
the issues for trial .

(d)

If settlement is not fully successful, the Court may proceed with trial or
vacate the trial date and continue the trial date for a period of time not to
exceed thirty (30) calendar days. The Court may impose jury costs
against any party, for any delay, as appropriate.

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(e)

11 lU/LUU)

All communications, verbal or written, made by any party or any other
person during the course of the settlement(s) are strictly confidential and
shall not be used in formal court proceedings.

Rule 5-21.-1 Settlement Before Trial
RESERVED
Rule 5-22 Failure to Appear
(a)

The Court may enter a default notice and default judgment against any
party failing to appear in person or through advocate, if any, at pre-trial or
failure of a party to appear in person at trial as provided in Rules 5-16 &
5-16.1. A party and advocate, if any, may file a notice to waive in person
appearance at any other proceeding.

(b)

In the alternative to default notice and default judgment, the Court may
vacate the pretrial or trial and continue it for a period of time not to
exceed thirty (30) calendar days.

Rule 5-22.1 Dismissal by the Court for Failure to Prosecute
(a)

The Court may dismiss, upon its own motion or the motion of a party, any
complaint or counterclaim for failure to prosecute.

(b)

A dismissal under subsection "(a)" above is without prejudic~ unless the
Court states it is with prejudice.

IV.

Trial

Rule 5-23 Trial Procedure
(a)

After the Jury, if any, is sworn, the Court shall instruct the Jury concerning
its duties, its conduct, the order of proceedings, the procedure for
submitting any written questions, and the law that will govern the
proceeding.

(b)

The Court shall allow each party to make an opening statement not to
exceed thirty (30) minutes. The Court may enlarge the time upon the

.r

(e) Mitigation and Apportionment of Damages
Where the complainant and the defendant were both at fault, the judgment shall
compensate the injured party for a portion of the loss suffered, comparing the
respective fault of the parties. Where there are multiple defendants at fault,
findings shall apportion liability among all defendants according to the
defendant's respective fault. The damages shall be limited to the corresponding
percentage of fault of the defendant.

(f) Costs
The Court may assess costs against the non-prevailing party in favor of the party
prevailing on most issues. Costs are limited to fees paid to the Clerk of the
Court, service of process, jury fees, and deposition transcript charges. The party
seeking an award of costs shall file a motion and statement of costs no later than
ten (10) business days after completion of service of the judgment. Costs may
be assessed against a party or an advocate only if there is a finding by the court
that a non-prevailing partY's position was not substantially justified in fact or law.

(g) Stay of entry and of execution; installment payment
(1) The Court may, in the interests of justice, temporarily postpone the
effect of a judgfl!ent.
(2) The filing of an appeal shall operate as an automatic stay of execution of
a judgment. The appellate Court may lift the stay under the common law
and conditions set forth in any existing Community Rules of Appellate
Procedure. Until such Rules are adopted, the common law and Section 51 of the Code shall control.
(3) The Court may inquire into the financial capacity of the party requesting a
stay of judgment.
(4) The Court may order partial payments under such terms and conditions
that result in a steady reduction of the judgment until it is fully satisfied.
(5) If a partial payment is missed without just cause, t he Court may vacate
the stay of execution of judgment.
(6) A prevailing party may seek all remedies including a writ of execution
where no stay of execution of judgment is in effect.

(h)Notice of Satisfaction of Judgment

J.l J.V/ .t.-VV J

Once a judgment has been fully satisfied, the prevailing party shall, within
thirty (30) calendar days of satisfaction, file a written notice with the Court
acknowledging that the judgment has been satisfied. If the prevailing party
does not submit a written notice, the opposing party may file a notice with
the Court, with a copy to the prevailing party.

Rule 5-24.1 Motion to Correct Judgment
(a)

The Court, upon its own motion or a party's request, may correct a
judgment for any clerical mistake(s) or error(s).

(b)

The Court, upon its own motion or a party's request, may correct a
judgment where there is a mistake, miscalculation or misrecital .of a sum
of money, or of a name as evidenced by records of the action and after
notice to the parties.

(c)

A motion to correct can be made at anytime before satisfaction of the
judgment. However, once an appeal is filed, a motion to correct requires
leave of the appellate Court.

(d)

A motion under this Rule automatically extends the time deadline to file
an appeal an additional fifteen (15) calendar days once a ruling has been
made on the motion.

Rule 5-24.2 Motion Regarding Excessive or Insufficient Damages
(a)

Within 15 calendar days after a jury verdict, a party may file a motion to
set aside and reduce findings regarding damages.
·

(b)

Within 15 calendar days after a jury verdict, a party may file a motion to
set aside and increase findings regarding damages.

(c)

The Court shall grant or deny a respective motion to reduce or increase
damages based upon the legal sufficiency of the damages and from the
facts and evidence at trial.

(d)

A motion under this Rule automatically extends the time deadline to file
an appeal an additional fifteen (15) calendar days once a ruling has been
made on the motion.

Rule 5-24.3 Motion for New Trial
(a)

Within fifteen (15) calendar days after service of a judgment, a party may
file a motion for a new trial.

L'l.llal

(b)

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1/10/2005

The motion shall be accompanied by infonnation establishing any of the
following grounds:
(1)

Irregularity in the proceedings of the Court, jury or
prevailing party, or any order or abuse of discretion,
whereby the moving party was deprived of a fair trial;

(2)

Misconduct of the jury or prevailing party;

(3)

Material evidence, newly discovered, which with r-easonable
diligence could not have been discovered and produced at
trial;

( 4)

Trial error on evidence or jury instructions;

(5)

Excessive or insufficient damages;

(6) .

The verdict is a··result of passion or prejudice;

(7)

The verdict, decision, findings of fact or judgment is not
justified by the evidence or is contrary to law; or.

(8)

Any other grounds justifying a new trial.

A motion under this Rule automatically extends the time deadline to file an
appeal an additional fifteen (15) calendar days once a ruling has been made on
the motion.

Rule 5-24.4 Motion to Set Aside Final Judgment
(a)

No later than six (6) months after service of the final judgment or the
decislon of the appellate division, if any, a party may file a motion
pursuant to (b) 1,2,3 to set aside the judgment. There is no time limit for
a motion oursr t;::!nt- t-n rh' ~ ~: c.

(b)

The motion shall be accompanied by information establishing any of the
following grounds:
(1)
(2)

Mistake, inadvertence, surprise or excusable neglect;
Newly discovered evidence which by due diligence could not
have been discovered in time to move for a new trial under
Rule 5-24.3;

1/lU/LUU:>

(3)
( 4)
(5)

(6)

Fraud, misrepresentation or other misconduct of an adverse
party;
The judgment is void;
The judgment has been satisfied, released or discharged, .or
a prior judgment on which it is based has been reversed or
otherwise vacated, or it is no longer equitable that the
judgment should have prospective application; or
Any other reason justifying relief from operation of the final
judgment.

(c)

A motion under this rule does not affect the finality of the judgment or
suspend its operation.

(d)

A party shall have thirty (30) calendar days to file a response to a motion
ur"ider this rule before the Court rules on the motion.

Rule 5-25 Waiver of Filing and other Court Fees
(a)

All actions filed where the filing and other Court fees are sought to be
waived because of financial hardship, require t he filing of a motion and a
sworn declaration of financial status.

(b)

The declaration shall be executed under penalty of perjury and must
contain the following information:
(1)

(2)

(3)
( 4)
(5)
(6)
(7)

(c)

A statement as to current employment including the amount of
wages or salary per month and the name and address of the
current employer.
·
A statement, if not currently employed, as to the date of last
employment and the amount of wages or salary per month which
was received.
A statement as to the amount of any money received within the
past twelve months from any source.
A statement of cash on hand or available.
A statement of all real and personal property and t heir approximate
value, excluding ordinary household furnishings and clothing.
A statement of all legal dependants.
A statement that because of poverty there is an inability to pay the
cost of the proceeding.

The Court shall grant the waiver if th e person's monthly income is
$300.00 or less, not including gaming per capita payments and any land
lease payments paid or owing to such person.

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Rule 5-25.1 Recognition by Full Faith and Credit or Comity

(a)

The Court shall recognize a final judgment of another Tribal, State or
Federal Court if expressly required by applicable law.

(b)

The Court shall have discretion to grant comity to any final judgment of
another Tribal, State or Federal Court according to the following
procedure:
(1)

(2)

(3)

(4)

(c)

The party petitioning for comity shaH file with the Court a petition
requesting comity plus a certified copy of the final judgment of
another Tribal, State or Federal Court , and shall also attach to the
petition an affidavit setting forth the name and address of the party
seeking enforcement and the name and address of the responding
party.
The party seeking enforcement shall serve, as provided in Rule 512 (d), a notice to the opposing party - such notice shall provide
copies of the judgment, the peti~ion, affidavit, and the text of
subparagraph "(3)" below.
Any objection to the enforcement of a final judgment shall be filed
in writing within twenty (20) calendar days after service of the
above notice.
If a written objection is filed within this time period, the Court may,
in its discretion, set a time period for a reply and/or set t he matter
for hearing.

The Court in its discretion may decline to grant comity to a fil"]al judgment
of another Tribal, State or Federal Court on any grounds, including but not
limited to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)

The judgment was obtained by extrinsic fraud;
The judgment conflicts with another final judgment that is entitled
to recognition;
The judgment is inconsistent with the parties/ contractual choice of
forum;
.
The judgment is inconsistent with Community principles of
traditional arid customary fairness;
Recognition of the judgment or the cause of action upon which it is
based is against fundamental public policy of the Community;
The judgment circumvents this Court's jurisdiction; or
For any other reason which the Court, in its sole discretion, deems
justifiable.

1/ lV/LUV)

(d)

A final judgment of another Tribal, State or Federal Court shall not be
granted comity if the Court finds that there was a lack of personal
jurisdiction over the parties or a lack of subject matter jurisdiction over
the action, or substantial due process was not afforded a party to the
action.

(e)

After receipt of a written objection and a hearing, the Court shall issue a
certificate stating that either the judgment ''shall be" or "shall not be"
granted comity according to standards in subsections "(c)" and "(dyr
above.

(f)

Upon the granting of comity, a final judgment of another Tribal, State or
Federal Court shall be recog.nized and enforced by the Court to the same
extent and shall have the same effect as any final judgment, order, or
decree of this Court.

Rule 5-25.2 Temporary Restraining Order

(a)

Temporary Restraining O~der
A temporary restraining order may be issued prior to a hearing upon a
motion for preliminary injunction or to maintain the status quo. A
temporary restraining order may be requested as part of the complaint or
by separate motion and filed with the complaint. A sworn affidavit
alleging the facts as described in Rule 5-25.2 (c)(l-4) shall be filed with
the cmplaint or motion. The affidavit shall also state how notice was
provided to the adverse party or adverse party's advocate or confirm to
the requirements of subsection (c) below if notice was not given.

(b)

Notice
Subject to the requirements of subsection (c) below, the moving party
shall provide notice to the adverse party or the adverse party's advocate
stating that the moving party is requesting the Court to grant a temporary
restraining order.

(c)

Requirements for ·a Temporary Restraining Order Without Notice
A temporary restraining order may be granted without written or oral
notice to the adverse party or their advocate only if either of the following
conditions are satisfied:
(1)

The affidavit filed with the motion for temporary restraining order
states specific facts which persuade the Court that immediate and

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1/10/2005

(2)

(d)

irreparable injury, loss, or damage will result to the moving party
before the adverse party or party's advocate can be heard in
opposition.
The moving party certifies to the court, in writing: (i) that the
moving party made reasonable efforts to give notice to the adverse
party of the restraining order action, or (ii) specific reasons that
prevented service of such notice upon the adverse party; or (iii)
other reasons that the Court finds as good cause why notice should
not be given.

Issuance
Every temporary restraining order granted shall:
(1)
(2)
(3)
(4)
(5)
(6)

(e)

Be made the saine day as the application;
Be endorsed with the date and hour of issuance;
Be filed immediately with the Clerk and entered of record;
Specify the injury, loss or damage that will occur, with a statement
explaining why it is irreparable;
State why the order was granted without notice, if applicable; and
State the date upon which the order will expire, which shall not
exceed fifteen (15) calendar days after issuance, unless within the
time allowed, the adverse party consents to an extension, or the
Court grants an extension for good cause.

Preliminary Injunction and Temporary Restraining Orders
When a temporary restraining order is granted without notice, the motion
and hearing for a preliminary injunction shall be made within the effective
time period of the temporary restraining order. A preliminary injunction
hearing will have priority over other matters. At the hearing on the
preliminary injunction the party who obtained the temporary restraining
order shall demonstrate his right to a preliminary injunction. If the right
to a preliminary injunction is not demonstrated, the Court shall dissolve
the temporary restraining order.

(f)

Hearing to Dissoive Temporary Restraining Order
Unless the Court shortens the time, on two (2) business days notice to the
party who obtained the temporary restraining order without notice, the
adverse party may move for its dissolution or modification. The Court
shall hear .the motion for dissolution or modification.

(g)

Service

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1/10/2005

Service of all papers and matters related to a Restraining Order shall be
effective upon one of the following methods of service.

1.)
2.)

3.)

Direct notice from the Judge to the restrained party in open court.
Service by the Community Police Department of all Temporary
Restraining Orders, Preliminary Injunctions, and all associated
Notices of Hearing.
An Ex Parte Temporary Restraining Order shall be effective upon its
service on the restrained party.

Rule 5-25.3 Injunctions

(a)

Preliminary Injunction
A preliminary injunction may be requested as part of a co!Tlplaint, or may
be made by separate motion and filed with the complaint. A sworn
affidavit alleging the facts as described in subsection (c)(l-4) below must
be filed with the complaint or motion.

(b)

Notice of Hearing
The Court shall provide notice to the adverse party and a hearing before
issuing a preliminary injunction.

(c)

Required Factual Findings
At the hearing for a preliminary injunction, the moving party shall present
evidence sufficient for the Court to find all of the following:
(1)
(2)
(3)
( 4)

(d)

That the moving party .has or is claiming a protectable right or
interest and has a like.lihood of success on the merits; ·
That irreparable injury, loss, .or damage to that right or interest is
likely to occur unless the preliminary injunction is issued;
That the threatened injury, loss, or damage is substantial in nature
. or character; and
Damages alone are not an adequate remedy.

Consolidation of Hearing with Trial on the merits
Before or after the commencement of the hearing of a request for a
preliminary injunction, the Court may order trial on the merits to be
moved up and consolidated with the hearing of the petition.

..

'.

·.t'illa.J.

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l/10/2005

Where consolidation is not ordered, any evidence received at the hearing
becomes part of the record and need not be offered and received again at
trial.

(e)

Form and Scope of Injunction or Temporary Restraining Order
Every order granting an injunction or temporary restraining order shall set
forth the following:
(1)

(2)
(3)

(4)

(f)

Only parties to the action, their officers, agents, servants,
employees and advocate· who receive actual notice of the order by
personal service can be bound by the order.
The order shall set out the jurisdiction of the Court over the
person(s).
The specific reasons for its issuance which shall include in
reasonable detail the nature of the right or interest protected, the
particular injury, loss, or damage which is threatened, and that
damages alone are not adequate.
A description in reasonable detail, and not solely by reference to
the complaint or other document, of the act or acts to be
restrained.

Dissolution or modification
Motions to dissolve or modify a preliminary injunction without determining
the merits of the .action may be heard after an answer or other responsive
pleading is filed, upon notice to the adverse party. If, upon hearing the
motion, it appears that there are not sufficient grounds for the injunction,
it shall be dissolved, or if it appears that the injunction is too broad, it
shall be modified accordingly.

(g)

Injunction Bond
Before issuing a preliminary injunction or temporary restraining order the
Court in its discretion may order that the moving party provide security, in
such sum as the Court deems proper, for the payment of such costs and
damages as may be incurred or suffered by any party who is found to
have been wrongfully enjoined or restrained. If appropriate the Court
may require a non-financial form of bond.

(h)

Securities and Proceedings Against Sureties

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1/10/2005

By giving security in the form of a bond or stipulation or other property
pledged as security with one or more sureties, each surety submits to the
jurisdiction of the Court and irrevocably appoints the Court Administrator
of the Court as its agent upon whom any papers affecting its liability on
the bond may be served. A surety's liability may be enforced on motion
and notice of a motion shall be served on the Court Administrator, who
shall mail copies to the sureties if their addresses are known or are
reasonably ascertainable.

(i)

Disobedience
Disobedience of an injunction or restraining order may be treated as a
form of civil contempt. Anyone alleging a violation shall file a motion for
order to show cause with the Court, and the Court shall hold an order to
show cause hearing to determine whether someone is in contempt.

(j)

Injunction Standards
Judges of the Community Court may grant injunctive relief in any of the
following circumstances:
(1)

(2)

(3)

When it appears that the party applying for the relief is entitled to
the relief demanded, and such relief or any part thereof requires the
restraint of some act prejudicial to the applicant;
When, in pending litigation, it appears that a party is doing some act
respecting the subject of litigation, or threatens or is about to do
some act, or is procuring or suffering some act to be done, in
violation of the rights of the applicant, which would tend to render
the judgment ineffectual; or
ln all other cases when applicant is entitled to an injunction under
the principles of fairness.

Rule 5-25.4 Sovereign Immunity
Adoption of these Rules shall not constitute or be construed as a waiver of the
sovereign immunity of the Salt River Pima-Maricopa Indian Community.

Rule 5-25.5 Interpretation
Where possible the Code and these Rules should be harmonized and both given
full effect. If any of these Rules squarely conflict with the Code however, these
Rules control and the Code is considered to have been repealed by implication.

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Rule 5-25.6 Savings

If any part of these Rules is found to be invalid, such decision shall not affect the
validity of the remaining portions.
Rule 5-25.7 Effective Date

The effective date for these Rules shall be sixty (60) calendar days after their
approval by resolution of the Community Council.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asalt_river_community%3A8614bde204212a78. Public record. Not legal advice.