2.02.170 [Rule 14] Compelling Witnesses to Appear; Subpoenas

(a) Any party to a lawsuit or other proceeding in Tribal Court shall have the right to compel witnesses to appear in Court and testify concerning the matter.

(b) Upon request of a party, the Court shall issue a subpoena, an order which commands a named person to appear in Court and/or to bring certain evidence or documents to court.

(c) All subpoenas shall be signed by a judge, except as otherwise provided by the Rules of the Court.

(d) Every subpoena shall be in writing and shall include the name of the Court, the Court's seal, the names of all parties, the time and place that the witness must appear, and a clear and detailed description of any documents or evidence that the witness is required to bring.

(e) Subpoenas shall be delivered to the witness by a person of the age of eighteen (18) or more years who has no stake in the case. The subpoena must be delivered by giving it to the witness directly.

(f) A person who delivers a subpoena shall promptly file with the Clerk a copy of the subpoena and a proof of service as defined in Section 2.02.090, Rule (6)(d). The proof of service must be filed prior to the date the person is to appear, and in any event no more than thirty (30) days after the date of service.

(g) Failure of a witness to obey a subpoena shall be grounds for holding the witness in contempt of Court after a hearing.

(h) A witness who responds to a civil subpoena shall be entitled to a fee of Thirty Dollars ($30.00) for each day or partial day that he or she must appear in court. The judge may, in addition, order that the witness be paid reasonable and necessary travel and living expenses incurred in responding to the subpoena. Witnesses shall be offered full payment of their fees for one day's service at the time they are served with the subpoena. The party requesting the issuance of a subpoena shall tender the fees to the witness upon service of the subpoena.