CHAPTER 1-2 RULES OF COURT
All court proceedings shall be conducted in a dignified and respectful manner. All persons addressing the Court shall arise and shall speak in a clear and courteous manner.
All trials, both civil and criminal, shall be commenced at a designated time determined by the judge, with reasonable notice of the time being given to the parties.
1-2-3 No Discussion with Jurors
No person, including members of the Court's staff, any of the parties or witnesses, or any other person, shall discuss with any known juror, any case pending before him, or which may come before him, either before or during the trial and any juror who has any personal knowledge about the case or who has discussed it with any of the parties, witnesses or Court officials, shall be excused by the judge.
1-2-4 No Discussion with Judge
No witnesses or party to any case shall under any circumstances either before or during trial, attempt to discuss any case pending before the Court with any of the judges, except in open court, and with either the clerk or one of the other judges present, and shall under any circumstances attempt to influence the Court's decision unless in the course of regular Court proceedings.
1-2-5 Trial by Jury; Notice to Court (10-day Rule)
The Court must be notified by the defendant ten (10) days prior to a scheduled jury trial that a jury trial is still requested, or the right to a jury trial is waived.
Adopted 8/2/82, Res. 1982-442
1-2-6 Jury Instructions; When Filed
All jury instructions submitted for jury trials must be presented to the Court three (3) days prior to the scheduled jury trial. The instructions must be made available to opposing counsel at this time.
Approved L & J Committee, 3/23/81
1-2-7 Withdrawal of Counsel - Criminal
Whenever a criminal cause has been set for trial, no counsel shall be allowed to withdraw from said cause, except upon written consent of the Court, for good and sufficient reason shown.
Approved L & J Committee, 3/23/81
1-2-8 Service on Papers Filed
Whenever a party files a brief or other legal document with the Court, that party shall serve a copy of the legal document on opposing counsel three days before trial, and file such certificate of service with the Court.
Approved L & J Committee, 3/23/81
1-2-9 Omnibus Hearing (Pretrial)
(a) When a plea of not guilty is entered, the Court may set a time for an omnibus hearing. If the hearing is not set at the arraignment, counsel must request the Court not less than 20 days prior to trial and a hearing shall be set for not less than 15 days prior to trial. Pretrial motions must be submitted to the Court, with a copy to opposing counsel, not less than 3 days prior to the omnibus hearing.
(b) Failure to raise or give notice at the hearing of any error or issue if which the party concerned has knowledge may constitute waiver of such error or issue.
(c) Stipulations by any party shall be binding upon that party at trial unless set aside or modified by the Court in the interests of justice.
(d) At the conclusion of the hearing, a summary memorandum shall be made indicating disclosures made, rulings and orders of the Court, stipulations, and any other matters determined or pending.
Adopted 4/5/83, Res. 1983-236
1-2-10 Timely Filing of Motions
A written motion, including those which may be heard ex parte, shall be filed and served on opposing party no later than five (5) days prior to the time specified for the hearing, unless a different period is fixed by these rules, by order of the Court or for good cause shown. Motions shall be supported by affidavit, which shall be served with the motion. Opposing motions and affidavits shall be filed and served on opposing parties no later than one (1) day prior to the hearing, unless the Court permits them to be filed at some other time. All motions shall cite governing rules and/or laws of the Colville Tribe.
Adopted 5/16/83, Res. 1983-343
1-2-11 Applicable Law
In all cases the Court shall apply, in the following order of priority unless superseded by a specific section of the Law and Order Code, any applicable laws of the Colville Confederated Tribes, tribal case law, state common law, federal statutes, federal common law and international law.
Adopted 5/16/83, Res. 1983-342
1-2-12 Criminal/Civil Recording Tape Retention
Tapes used in the recording of criminal and/or civil matters shall be retained by the Colville Tribal Court for a period of not less than three years from the date of the last recorded matter on the tape.
Adopted 1/23/84, Res. 1984-71
1-2-13 Criminal File Retention
Criminal case files shall be retained by the Court for a period of not less than three (3) years after the date of filing, provided:
(1) that the file has been closed at least one (1) year prior to destruction date and that no activity, excluding appeal, has occurred during that period.
(2) that all important information (citation date, charges, arrest warrants, final dispositions, completion dates, etc.) are recorded on permanent index cards that will be retained indefinitely by the Court; and
(3) that all files shall be disposed of in a manner consistent with regards to destruction of these types of documents.
Adopted 7/12/84, Res. 1984-489
1-2-40 Impanelling the Jury
In cases to be tried to a jury, the jurors shall be selected in advance of trial under a procedure to be established by the Chief Judge. Six members of the jury shall then be seated.
1-2-41 Swearing in Witnesses
All witnesses shall be administered an oath by the judge, clerk or bailiff as follows: "Do you swear (or affirm) to tell the truth in the matter now before you?"
Amended 8/17/89, Resolution 1989-611
1-2-42 Conduct of Trial
Plaintiff shall make the opening statement setting forth the charge or claim for relief against the defendant. The defendant shall have an opportunity to make a statement of his position. Upon the conclusion of such statement, the plaintiff shall call such witnesses and produce such exhibits as he may see fit. The plaintiff shall thereafter, in rebuttal, have an opportunity to call such witnesses and produce such evidence as he may see fit to rebut the evidence by the defendant. Both the plaintiff and defendant shall have the right to cross-examine witnesses.
1-2-43 Final Argument
Upon the conclusion of the evidence, the plaintiff shall be given an opportunity to argue his case. The defendant shall then be given an opportunity to argue his case, and the plaintiff shall be given an opportunity to make a closing argument. Further argument may be allowed at the Court's discretion.
JURY INSTRUCTIONS - JUDGMENTS
1-2-70Jury Instructions - Applicable Law
In all jury cases, after final argument, the judge shall instruct the jury as to the particular section of this Code, or any other applicable law that governs the case and shall read the jury its provisions. Similarly, if a custom of the Tribes governs the case, the judge shall instruct the jury as to the exact custom and manner in which it is to be applied.
1-2-71Jury Instructions - Civil
In a civil jury case, the judge shall instruct the jury that the plaintiff has the burden of proving his case by the greater weight of the evidence and that if they find that he has proved his case by the greater weight of the evidence, then their verdict should be for the plaintiff, but, if on the other hand, they find that he has not proved his case by the greater weight of the evidence, then their verdict should be for the defendant.
1-2-73Jury Instructions - Criminal
In a criminal jury case, in addition to reading the jury the applicable governing law and instructing the jury regarding applicable Tribal customs, the judge shall instruct the jury that the defendant is presumed to be innocent and must be proven guilty beyond a reasonable doubt and that if the jury believes beyond a reasonable doubt that the defendant is guilty, then they should find him guilty, but if they do not believe beyond a reasonable doubt that he is guilty, then they should find him not guilty.
1-2-74Jury Instructions By a Party
In all jury cases, either party may propose instructions to the jury which may be allowed by the judge if he finds that such instructions further the interests of justice.
1-2-75Jury Instructions - Final
In all jury cases, the judge shall instruct the jury that they shall retire to consider the matter and that each juror shall be given an opportunity to state his opinion, that they shall elect a foreman and that their decision shall be by unanimous vote in criminal cases and a majority of at least four in civil matters.
1-2-76Verdict and Judgment - Jury Trial
When the jury members reach a verdict, they shall return the verdict to the judge in open court with the parties present, and the judge shall enter judgment upon the verdict in open court or within a reasonable time after the trial. If the jury is unable to reach a verdict, then a new trial shall be impanelled and the case shall be retried.
1-2-77Judgment - Non-Jury Trial
After final arguments in non-jury cases, the judge shall decide the case and render a judgment in open court or within a reasonable time after the trial.
Any person aggrieved by the verdict of the jury or the judgment of the Court shall have the right to appeal such decision as provided in the Subchapter on Appellate Proceedings under Chapter 1-1.
1-2-79 Stay Pending Appeal; Bonds
If a party is granted an appeal, that party must then, in writing, request a stay of judgment pending the outcome of the appellate procedure. At that time, the appellant must also make provisions for a bond, which is discretionary with the Court.
Approved L & J Committee, 3/23/81
1-2-80 Limited Appeals
A party requesting an appeal can request such appeal to be limited to conclusions of law, or facts based on the trial court record. Such request must be in writing, and must be submitted to the Court at the same time as the Notice of Appeal.
Approved L & J Committee, 3/23/86