2.03.060 Practice, Procedure and Organization

(a) Rules of Procedure

Until the Court adopts its own rules of procedure or when not otherwise in conflict with a specific rule adopted by the Tribal Court or the Tribal Council, the Federal Rules of Civil Procedure shall be deemed to be the rules of procedure for the Tribal Court, but the Court may modify, set or direct any specific rule or procedure for individual cases as the Court deems appropriate.

(b) Rules of Evidence

Until the Court adopts its own rules of evidence or when not otherwise in conflict with a specific rule adopted by the Tribal Court or the Tribal Council, the Federal Rules of Evidence shall be deemed to be the rules of evidence for the Tribal Court, but the Court may modify, set or direct any specific rule for individual cases as the Court deems appropriate and may accept such evidence as it deems useful in the interests of justice.

Any party may represent himself, herself or itself, so long as the Court determines that the party is reasonably competent to comprehend and participate effectively in the proceedings. Any person may be admitted to practice before the Court for the purpose of representing clients therein if the person meets the requirements set forth by the Tribal Court for practice before the Court and the requirements established by any applicable Tribal code or ordinance.

(d) Assigning and Deciding Cases

A case shall be assigned to a single Judge of the Tribal Court, but another Tribal Court Judge may from time to time handle various aspects of the case upon the request of the primary Judge as considerations of scheduling, workload, and the like may make such temporary assignment convenient and in the interests of justice. All aspects of cases (including preliminary procedures, motions, and trials) shall be decided by one Tribal Court Judge; civil cases will not be decided by jury trial except if allowed by a specific Tribal ordinance.

(e) Service of Process

Process may be served by any Mohawk Tribal police officer, by any adult (not interested in the case), or by certified mail with return receipt executed by recipient. The Court may set aside claimed service of process when it finds the process was not in fact received.