2.02.140 [Rule 11] Discovery

(a) It is the policy of the Tribal Court that the truth will be revealed if all parties in a civil case have access to all information and evidence related to the case. In preparation for trial the parties may ask each other for and shall make available to each other all information in each other's possession or control which will be used as evidence in the case or which can reasonably be expected to lead to evidence.

(b) Methods of discovering and exchanging information may include but need not be limited to written questions, oral examination, requests for witness' names, requests for admissions, physical inspection of property, requests to perform scientific or physical tests, and requests for documents. The party who makes a request under this Rule shall be as clear and as specific as possible in describing what he or she wants.

(c) A party may refuse to make available the information requested pursuant to this Rule if its release would cause the responding party or a third person undue hardship, annoyance, or embarrassment, or would violate a confidence which is Tribal custom or official Tribal policy to protect. If parties disagree about whether the responding party is required to release the information, the judge shall decide the dispute. The Judge may place conditions on the release of information to protect confidential material, prevent unreasonable burden or expense to one party, or otherwise ensure fairness to all parties.

(d) A party who receives a request for information under this Rule shall, within ten (10) days of receiving the request, respond either with information, with an indication where and when the information will be available, or with an objection and refusal to comply with the request. Failure to respond within ten (10) days is grounds for a Court order requiring a response.

(e) A copy of all written requests for discovery shall be filed with the Court.