2.02.210 [Rule 18] Rules of Evidence Governing Trials

(a) Purpose.

The purpose of these informal Rules of Evidence is to ensure that the Tribal Court is able to determine the truth of a matter with a minimum of delay, confusion, and uncertainty of the parties.

(b) General Rules.

(1) Where there is more than one kind of evidence about the same subject, the judge shall give each item of evidence the importance (weight) which, according the judge's common sense and sense of fairness, that particular type of evidence deserves. For example, in oral testimony, the testimony of persons who testify from their personal knowledge, such as first-hand observation of, or participation in, the event described shall be given more weight than the testimony of persons who only have knowledge of the event that they gained from other persons.

(2) Evidence admitted in the Tribal Court must be related either to the issues before the court or to the weight and credibility which should be given to other evidence. When questioned by the judge or another party as to why certain evidence should be allowed, the party who wishes to present the evidence shall:

(A) State the issue which he or she will use the evidence to resolve; and

(B) Explain how the evidence is relevant to the issue.

(C) When the relevance or reliability of evidence is challenged, the judge shall decide whether or not to use the evidence, and explain the decision.

(c) Oaths. Prior to testifying before the Tribal Court, every witness shall first state before the judge, parties and spectators that he or she will testify truthfully. The Court may prescribe an oath for this purpose by the Rules of the Court.

(d) Questioning Witnesses.

(1) When questioning a witness, the judge and parties or their counsel shall not ask questions in such a way as to suggest the answer, unless the witness is one who was called by the opposing party, or is clearly hostile to the person asking questions.

(2) The judge shall determine the order in which the parties or their counsel shall be allowed to question witnesses. The judge shall protect the witnesses from harassment or unnecessarily repetitious or irrelevant questioning.

(3) During the questioning of a witness, the judge may exclude from the Court room any witnesses who have not yet testified, if this seems to be necessary to ensure that all witnesses will give truthful testimony. At the request of any party, such witness shall be excluded.

(4) The Judge may call and/or question any witnesses on his or her own initiative.

(e) Sworn Written Testimony: Subject to the provisions of this section, Rule 18 (b) (2), testimony of a witness may be presented in sworn written form if and only if:

(1) The witness is unable to appear in person to testify, or

(2) If the evidence presented in writing is not contradicted by other parties, or

(3) If the sworn written testimony is offered to support a motion or an uncontested request for relief, or

(4) If the sworn written testimony contradicts oral testimony already given by the same witness.

(5) Written testimony must show clearly who gave it and when the witness gave it. Notarized documents are favored.

(6) Copies or written records, photographs, and other documentary evidence may be presented as long as there is a reasonably reliable way to identify the items and the methods used to prepare them.

(7) When the relevance or reliability of evidence is challenged, the Judge shall decide whether or not to use the evidence, and explain the decision.