Title 4. Rules of Civil Procedure
Resolution No. 03-12-03
Adopted December 11, 2003
Title 4. Rules of Civil Procedure
Chapter 1 – Introduction to the Rules
Chapter 2 – General Provisions
Chapter 3 – Customs and Traditions
Chapter 4 – Commencement of Action and Service of Process
Chapter 5 – General Rules for Pleading
Chapter 6 – Substantive Contents of Pleadings
Chapter 7 – Class Actions
Chapter 8 – Time
Chapter 9 – Motion Practice
Chapter 10 – Discovery
Chapter 11 – Witnesses and Subpoenas
Chapter 12 – Trials
Chapter 13 – Dismissal of Actions
Chapter 14 – Jury Selection Procedures
Chapter 15 – Judgments and Orders
Chapter 16 – Enforcement and Remedies
Chapter 17 – Garnishments and or Liens
Chapter 18 – Extraordinary Writ
Chapter 19 – Miscellaneous
RULE 101. TITLE OF THIS ACT
These rules shall be known and cited as the Pit River Tribal Rules of Civil Procedure, and may be abbreviated PRT R. Civ. P.
RULE 102. AUTHORITY AND PURPOSE
(A) The Pit River Tribal Constitution, Art. VII Section 1, authorizes the Pit River Tribal Council to establish written rules for the Judiciary.
(B) This Act governs the procedure in the Courts of the Tribe in all suits of a civil nature whether cognizable as cases at law or in equity except where a law or ordinance of the Tribe specifies a different procedure. These rules shall be construed to secure the just, speedy, and inexpensive determination of every action.
RULE 103. DEFINITIONS
Unless a different meaning is clearly apparent from the context, the term:
(A) “Chairperson” shall mean the Chairperson of the Pit River Tribe of California.
(B) “Clerk” and “Clerk of the Court” means the clerk of the Tribal Court, any authorized deputy clerk, and any other person authorized by the court to assist the clerk in the performance of functions under this Title.
(C) “Court of Appeals” means the Pit River Tribe’s Supreme Court duly authorized to hear all appeals of the Trial Court.
(D) “Judge” means the presiding judge of the Pit River Tribal Court.
(E) “Juror Qualification Form” means a form prescribed by the Administrative Office of the Pit River Tribal Court which should include at the minimum, the name, address, age, occupation, education, length of residence, membership, prior jury service, whether he/she should be excused or exempted from jury service, has any physical or mental infirmity impairing his/her capacity to serve as juror, is able to read, write, speak, and understand the English language. The form shall elicit the sworn statement that his/her responses are true to the best of his/her knowledge. Notarization shall not be required.
(F) “Jury Summons” means a summons issued by the Clerk of the Court, or their duly designated deputies, containing either a preprinted or stamped seal of the Court, and containing the name of the issuing clerk imprinted in preprinted, type, or facsimile manner on the summons or the envelopes transmitting the summons.
(G) “Master Jury Wheel” means any device or system similar in purpose or function, such as a properly programmed electronic data processing system or device that will randomly pick eligible juror names for the purpose of impaneling a jury.
(H) “Other Indian Tribe” shall mean any Federally recognized Indian Tribe other than this Tribe.
(I) “Pit River Tribal Court” means any tribal court established by the Pit River Tribe’s Law & Order Code, and any Court which is vested with the jurisdiction of the Pit River Tribe.
(J) “Public Officer” shall mean a person who is either elected to public office or who is directly appointed by a person elected to public office;
(K) “Real property” or “non-trust interest in real property” shall mean any interest in real property within the Tribe’s jurisdiction other than the Indian trust title held by the United States for the use of any Indian or Indian Tribe, or the fee title to any land held by any Indian or Indian Tribe which is subject to a restriction upon alienation imposed by the United States. Nothing in this Act shall be construed as affecting or attempting to affect the trust or restricted title to trust or restricted Indian land.
(L) “Reservation” means the recognized territorial boundaries of the Pit River Tribe.
(M) “Service of process” means the manner in which parties are informed of the Complaint and of the opportunity to Answer. Personal service is preferred; however, service by registered U.S. mail (return receipt requested) at the person’s home or usual place of business or employment are equally acceptable and effective. Other methods of service may be employed when, in the Court’s discretion, they are most likely to result in actual notification of the parties.
(N) “Summons” means the official notice to the party informing him/her that he/she is identified as a party to an action or is being sued, that an Answer is due in thirty (30) calendar days and that a Default Judgment may be entered against them if they do not file an Answer in the prescribed time. It shall also include the name and location of the Court, the case number, and the names of the parties. The Summons shall be issued by the Clerk of Court and shall be served with a copy of the filed Complaint attached.
(O) “Trial Court” means the Tribal Court established by the Pit River Tribe’s Law & Order Code, that is the Court of first impression.
(P) “Tribal Jurisdiction” means all Indian Country as defined in 18 U.S.C. § 1151 whether within or without the reservation which is subject to the jurisdiction of the Tribe.
(Q) “Tribal Legislative Body” means the Tribal Council of the Pit River Tribe.
(R) “Undue hardship or extreme inconvenience”, as a basis for excuse from immediate jury service under this Title, means great distance, either in miles or travel times, from the place of holding court, grave illness in the family or any other emergency which outweighs in immediacy and urgency the obligation to serve as a juror when summoned, or any other factor which the court determines to constitute an undue hardship or to create an extreme inconvenience to the juror;
RULE 104. FORMS
Sample forms are available through the Trial Court of the Pit River Tribe and are intended to indicate the simplicity and brevity of statements contemplated by these rules. In the interests of furthering justice, the Court may create mandatory forms to expedite the court process.
RULE 105. NO EFFECT UPON SOVEREIGN IMMUNITY
Nothing in this Act contained shall be construed to be a waiver of the sovereign immunity of the Tribe, its officers, employees, agents, or political subdivisions or to be a consent to any suit beyond the limits now or hereafter specifically stated by Tribal law.
RULE 201. PROCEDURE TO BE APPLIED
(A) Compliance with the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or the California Code of Civil Procedure is NOT required in Tribal Court proceedings.
(B) Federal or State rules and Federal or State caselaw may be cited to as persuasive argument for purposes of analysis in areas where Federal or State rules are analogous to Tribal rules and Tribal caselaw, but will not be relied upon as precedent requiring that the Court adopt additional rules that are not a part of this Code.
RULE 202. STANDARD OF PROOF
The complainant in a civil case shall have the burden of proving its case by the preponderance of the evidence, i.e., the greater weight of evidence, except in such cases where it is established by ordinance that the burden of proving his/her case is by clear and convincing evidence.
RULE 203. COURSE OF PROCEEDINGS
(A) Traditional Court. The Tribal Court shall follow the Tribal Rules of Civil Procedure unless the party’s stipulate to resolving the complaint by the Traditional Peacemaker’s Court. The parties must first stipulate:
(1) To what they believe to be the traditional custom of settling disputes is;
(2) What the traditional law governing the dispute is; and
(3) Must agree to abide by the decision rendered by the person or persons that they determine to be the traditional finder or finders of law and fact.
(B) The Tribal Court Judge may act as a mediator in such a proceeding if all the parties request that the Judge do so. The parties may also stipulate to a mediator of their choosing.
(C) Tribal Court Procedure. If the parties do not stipulate to a traditional custom for settling disputes but still agree that the dispute is governed by traditional law, the Court will follow Tribal Court procedure as set forth in these Rules of Civil Procedure.
RULE 204. STATUTE OF LIMITATIONS
The Court shall have no jurisdiction and no complaint shall be filed in a civil action over any action brought more than three (3) years after the cause of action arose, except that no statute of limitation shall bar an action commenced by the Tribe.
RULE 205. LIBERAL CONSTRUCTION
These rules shall be liberally construed to secure a just and speedy determination of every action.
RULE 206. JURY
Civil actions, other than appeals, shall be tried by a jury upon written request filed by any party at least fourteen days before the trial date and upon such party’s posting of a fee or other security in the amount of three-hundred fifty dollars ($350.00) to cover costs, disbursements and jury fees in the case. The fee may be waived by the Court upon a showing of good cause.
RULE 207. EVIDENCE
The Court shall be bound by the Pit River Evidence Code.
RULE 301. TRADITIONAL TRIBAL LAW
(A) The traditional law of the Pit River Tribe is the common law of the Tribe tantamount to the written law of the Tribe and will be applied in all situations where it is relevant to the issues raised in an action before the Court. The Court will first look to the laws adopted by the Tribe and to the Constitution and Bylaws of the Pit River Tribe. If no written Tribal law applies to a cause of action or the issues involved in an action, the Court will look to the Tribe’s traditional law and if it finds the traditional law to be applicable in settling the dispute, will base it’s decision on traditional Tribal law.
(B) This Code shall be interpreted pursuant to the traditions and customs of the Pit River Tribe. Where any doubt arises as to these traditions and customs, the Court may request the advice of elders as counselors whom are familiar with these traditions and customs in the manner set forth in this Ordinance. If no such tradition or custom exists, then the Court may use applicable tribal, federal and state case law and statutory law, adopting those principles and procedures not in conflict with this Law and Order Code, Constitution, customs and traditions of the Tribe.
RULE 302. REQUESTS TO TRANSFER CASE TO TRIBAL COURT
Whenever a party or parties have a right to be heard by the Tribal Court, a party may request to appear before the Tribal Court on matters related to custom and tradition of the Pit River Tribe. All parties involved in the dispute must voluntarily consent to appear before the Tribal Court and to be bound by its decision. A party or parties which bring an action before the Tribal Court may elect to appear before the Tribal Court at any time.
RULE 303. REQUESTS FOR ASSISTANCE ON MATTERS OF CUSTOM AND TRADITION
Requests for Assistance on Matters of Custom and Tradition. Upon a motion of the Court or by a party, the Trial Court may request assistance from the Tribal Council or appointed Tribal members on matters relating to custom and tradition of the Tribe.
RULE 304. DETERMINATION OF TRIBAL COMMON LAW
(A) The Traditional Peacemaking Process may be used to facilitate a traditional form of dispute resolution, akin to a mediated settlement. The parties may identify a mediator, to mediate between the parties until a stipulated agreement is reached. The Tribal Court will then issue an order containing the stipulated agreement.
(B) Where the parties choose to follow the civil procedures of this Law and Order Code, in any dispute, claim, or action, in which a party asserts that traditional Tribal law governs the outcome, the Court must first determine what the traditional law is. If the traditional Tribal law has been acknowledged by a legal writing of the Tribe the Court will apply the written law.
(C) Evidence that a traditional law is written includes written reference to a traditional law, right, or custom in a Tribal resolution, motion, order, ordinance or other document acted upon by the Tribal Council. Anthropological writings or publications, and personal writings are not evidence that the traditional law is written, but may be presented as persuasive or supporting evidence that the traditional law or custom exists.
(D) In any dispute, claim or action, in which a party asserts that traditional Tribal law governs the outcome, and the Court finds that the traditional law is unwritten, the Court will hold a hearing to determine what the traditional law is.
(1) The parties may stipulate to what the traditional law to be applied is. If the parties stipulate to the traditional Tribal law, the Court will then hold an evidentiary hearing to determine the facts of the case.
(2) If the parties do not stipulate to the traditional Tribal law, the parties may stipulate to a list of neutral Tribal members to act as expert witnesses, whose testimony will be relied upon to determine the traditional Tribal law.
a. If the parties do not stipulate to such a list, each party shall be allowed to call their own expert witnesses. The Court will determine how many expert witnesses each party may call to testify except that each party shall be allowed to call the same number of expert witnesses.
b. Each party shall submit a list of Tribal elders’ names that they wish to call as expert witnesses. The opposing party will have the right to Voir Dire the witnesses to determine if they are, in fact, knowledgeable of traditional Tribal Law.
c. Each party shall also submit to the Court a list of Tribal members’ names that the party believes to be neutral and impartial, and knowledgeable of traditional Tribal law. The Court shall select from the submitted list of names individuals to act as expert witnesses for the Court.
(3) The Court may, but is not required to, accept recommendations of the parties before determining the neutral and impartial expert witnesses that will testify before the Court. The Court will determine how many neutral and impartial witnesses may testify except that the number will not exceed the number of witnesses that each party will be allowed to call as expert witnesses. A party may object to any question submitted by an opposing party. The Court will then determine which questions will be asked of each of the expert witnesses. The Court shall have the discretion to ask its own questions of the expert witnesses.
(E) After hearing the expert witnesses testimony the Court will issue a Conclusion of Law in which the Court will state it has found to be the traditional Tribal law. If either of the party’s object to the Court’s conclusion, the Court will meet in closed session with all of the expert witnesses. The Court will then call for a discussion of the Conclusion of Law by the expert witnesses. Following this discussion, the Court may re-issue or amend and reissue the Conclusion of Law, or repeat the process as defined herein, selecting different neutral and impartial witnesses and/or a different set of questions to be asked of the expert witnesses.
(F) Once the Court has determined what the traditional law to be applied is, the Court will set a date for a conference hearing pursuant the proceedings in this Ordinance.
(G) The customs and traditions of the Tribe, to be known as the Tribal Common Law, as modified by the Tribal Constitution and statutory law, judicial decisions, and the condition and wants of the people, shall remain in full force and effect with the Tribal jurisdiction in like force with any statute of the Tribe insofar as the common law is not so modified, but all Tribal statutes shall be liberally construed to promote their object.
RULE 401. COMPLAINTS
(A) General. A civil action begins by filing a written Complaint with the clerk of court and paying the appropriate fees.
(B) The Complaint shall contain a concise written statement of the essential elements constituting the claim which includes:
(1) The full names and addresses of all parties and any counsel, as well as a telephone number at which the Complainant may be contacted. The Complaint shall be signed by the filing party or his/her counsel, if any.
(2) A short, plain statement of the grounds upon which the Court’s jurisdiction depends;
(3) The facts and circumstances giving rise to the action; and
(4) A demand for any and all relief that the party is seeking. Relief should include, but is not limited to the dollar amount that the party is requesting. When the demand for relief by the plaintiff is the recovery of property, such property shall be fully described and, if money is demanded, the amount asked for shall be stated.
RULE 402. FILING
(A) All civil proceedings shall be commenced by filing a complaint with the clerk, accompanied by a filing fee of fifty dollars ($50.00) and the costs of service. Tribal Civil Form No. 1, or its equivalent may be used. The complaint shall be verified before a judge, clerk or assistant clerk, or any notary public.
(B) General. No document will be considered filed until the filing fee is paid or a Motion to Waive Filing Fees is filed. If the Motion to Waive Filing Fees is denied, and the filing fees are paid within ten (10) calendar days of the denial, the Complaint will be considered filed on the date the Motion to Waive Filing Fees was filed.
(C) Fee. The filing fee for a Complaint in the Trial Court of the Pit River Tribe shall be fifty dollars ($50.00 U.S.). The fee may be waived at the Court’s discretion for good cause.
(D) Motion to Waive Filing Fees. A person asking to file their Complaint without paying the fee shall file a Motion stating that they are the complaining party and that they are requesting an order to proceed without paying the filing fee. The Motion shall be accompanied by an Affidavit stating the kind and amount of income earned by their household, household expenses, whether they are represented by a civil legal services program, and any other supporting information which will help the judge understand their situation. The Court may adopt a mandatory form for use. A copy of the Motion and Affidavit shall be attached to the Complaint. In the event that the Court denies the Motion to Waive Filing Fees, the moving party shall have ten (10) calendar days from the date of denial, oral or written, in which to pay the filing fees. Should the party pay the fees within the ten-day deadline, the Complaint will be considered filed when the Motion to Waive Filing Fees was filed. Should the ten-day deadline elapse, the Court will consider the Complaint as filed on the date the filing fee is received.
(E) Other Costs Waived. A person authorized to file their petition without paying a filing fee shall also be entitled to have other costs and expenses deferred until the time of settlement or judgment of the action.
RULE 403. NOTICE OF SERVICE OF PROCESS
General. Any time a party files a document other than the Complaint with the Court in relation to a case, the filing party must serve copies on the other parties to the action and provide a Certificate of Service to the Court. Any time the Court issues an Order or Judgment in the context of an active case, the Court must serve copies on all parties. Service of process can be accomplished as outlined in Rule 404.
RULE 404. METHODS OF SERVICE OF PROCESS
(A) Long Arm Service. Any person subject to the jurisdiction of the Pit River Tribal Court may be served outside the territorial jurisdiction of the Court in the manner provided with the same force and effect as if the service had been made within the territorial jurisdiction thereof, if such person:
(1) Transacts business or does an act leading to a civil action within the Tribe;
(2) Owns, uses or possesses any property or interest therein within the Tribe;
(3) Contracts for services to be rendered or goods to furnished within the Tribe.
(B) Service of process may be made on a party by any means permitted in sections (1) through (7). Service of process may be made on a party by publication as outlined in Rule (B)(5) provided a preponderance of the evidence shows the Court that the party to be served lives in the area where the summons is to be published.
(1) Personal Service. The required papers are delivered to the party in person by the bailiff, or when authorized by the Court, a law enforcement officer from any jurisdiction, or any other person not a party to the action who is eighteen (18) years of age or older and of suitable discretion.
a. Personal Service is required for the initiation of actions in the following:
1. Relief requested is over $5,000.00, excluding the enforcement of foreign child support orders; or
2. Children’s custody and/or placement are the subject matter of the proceedings.
b. Where personal service is required by this rule and the Court or the filing party exercises due diligence in unsuccessfully pursuing personal service of process, the filing party may move for permission to pursue service of process by any means provided for in subsections (3) through (7) of this Rule. The Court will grant the motion where good cause is shown. The Court may also enter such an order sua sponte for good cause shown.
(2) Service Upon A Business, Corporation, or Entity. Service may be made upon an agent of a business, corporation or governmental agency.
(3) Service Upon An Individual. The required papers are delivered in person to the party’s home or usual and current place of business or employment to someone of suitable age and discretion over fourteen (14) years of age.
(4) Service by Mail. Service of process may be accomplished by sending the required papers to a party by registered mail with return receipt requested, except in the instances of RULE 404(B)(1)(a)(1) and (2) as stated above.
(5) Service by Publication. Upon order of the Court for good cause shown, service of process may be accomplished by publishing the contents of the summons. Where service by publication is being made on a member or members of the Pit River Tribe, the contents of the summons may be published in the Tribal newsletter, Tribal newspaper or a newspaper of general circulation in an area where the party is most likely to be made aware of the summons. In the case of non-members of the Pit River Tribe, the contents of the summons may not be published in the Tribal newsletter or Tribal newspaper, but may be published in a newspaper of general circulation in an area where the party is most likely to be made aware of the summons. If publication is sought in the Tribal newsletter or Tribal newspaper, publication must be in two consecutive issues. If publication is sought in a paper of general circulation, publication must be at least, once per week for four consecutive weeks. Proof of publication must be provided to the Clerk of Court.
(6) Notice by Fax. When the parties are notified by fax, a call must be made confirming receipt of the fax. Documentation of the call must be included in the record. Documentation of the call shall include the name of the party confirming receipt of the fax notice, the time of the confirmation call, and a copy of the time-stamped fax.
(7) Notice by Telephone: When the parties are notified by telephone, documentation of the telephone call shall be filed in the record. Documentation of the call shall include who made the call, the name of the person to whom the Notice was directed, the telephone number called, the date and time of the call, and the name given by the person receiving the call.
RULE 405. SERVICE USING REGULAR MAIL
After the first successful service of process, the Court and the parties will then perform all written communications through regular mail at that address. Therefore, each party to an action has an affirmative duty to notify the Court, and all other parties, of a change of address within ten (10) calendar days of such change.
RULE 406. USING A PROCESS SERVER OR BAILIFF
The Court’s bailiff shall be authorized to serve process in any action filed with the Court. In addition, the Court may authorize other persons to serve process when there is an assurance the other person knows how to effect proper service and will make adequate factual inquiries to assure that service is proper. The court may charge a fee to cover the costs of service.
RULE 407. RETURN OF SERVICE
A return of service shall be endorsed with the name of the person serving and the date, time and place of service. It shall state the manner in which service was made and shall be filed with the clerk of Court.
RULE 408. EFFECT OF INCOMPLETE OR IMPROPER SERVICE
Incomplete or improper service results in a lack of jurisdiction over the person incompletely or improperly served. If a person refuses to accept, service shall be deemed properly performed if the person is informed of the purpose of the service and offered copies of the papers served. If a person intentionally avoids service, the Court may also consider service as properly performed. Upon order of the Court for good cause shown, if the Court or the filing party exercises due diligence in unsuccessfully pursuing service of process, whether personal or otherwise, a Default Judgment may be entered in accordance with RULE 702.
RULE 409. TIME LIMIT FOR SERVICE OF PROCESS
A Complaint must be served, and proof of service filed with the Court within one hundred and twenty (120) calendar days of filing, or it will be considered dismissed without prejudice by the Court with notice provided to the filer. Upon order of the Court for good cause shown, a sixty (60) calendar day extension may be ordered in the event that the Court or the filer exercises due diligence in unsuccessfully providing service of process.
RULE 410. EMERGENCY NOTICE
This Rule governs cases of emergency where the Court may need to conduct a hearing which provides less than forty-eight (48) hours notice to the parties. In cases of emergency, upon motion of a party or sua sponte, the Court can provide notice of a hearing less than forty-eight (48) hours prior to the hearing. In cases of emergency, the Court may provide notice by telephone with written confirmation or by telephone and fax at least forty-eight (48) hours in advance. Documentation of the call or fax shall be included in the record.
RULE 411. SERVICE OF PROCESS UPON TRIBE
Service of process upon the Tribe, or an officer of the Tribe named as a party defendant, shall be made by delivering a copy of the complaint to the Tribal Chairperson, the tribal attorney and the officer named in the manner prescribed in Rule 404 above, except that service by publication is not permitted.
RULE 412. PROOF OF SERVICE
(A) The return postal receipt, filed in the case record, shall constitute proof of service by mail.
(B) The affidavit or declaration of service by the person making service, filed in the case record, shall constitute proof of service.
RULE 501. PLEADINGS ALLOWED
(A) There shall be a complaint and an answer;
(B) If there is a counterclaim, a reply to the counterclaim;
(C) If a cross-claim, an answer to the cross-claim;
(D) If a third party who is not an original party is summoned, then a third party complaint; and
(E) If the third party is served, a third party answer.
(F) No other pleading shall be allowed, except that the court may order a reply to an answer or a third party answer.
RULE 502. FORM
(A) All papers presented for filing shall be on white opaque, 8 ½ x 11″ paper (letter, not legal size) with at least a one (1) inch margins on all four sides. Typewriting is preferred, but handwritten filings will be accepted provided they are clear and legible and of such quality that legible photocopies can be made. The clerk shall accept all papers presented for filing, but papers not in substantial compliance with these rules may be rejected by the Judge of the Court.
(B) Every pleading will have a caption stating the name of the court, the title of the action, the file number and a designation (i.e., complaint, petition, answer, motion, counterclaim, cross-claim, third party complaint, etc.). The original complaint should name all the parties. Subsequent pleadings need only name the first party on each side with the appropriate indication of other parties.
(C) Each averment made in a pleading shall be simple, concise and direct. No technical forms of pleading or motions, however are required.
(D) Each claim founded upon a separate transaction or occurrence and each defense shall be stated by the pleader in a separate numbered paragraph whenever a separation facilitates the clear presentation of the matters set forth. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in a motion. A copy of any written instrument which is an exhibit to a pleading is a part of the pleading for all purposes.
(E) Averments in a pleading to which a responsive pleading is required, are admitted when not denied in the responsive pleading. Responsive pleadings include an answer, a reply, a brief in opposition to a motion, a respondents brief, etc.
RULE 503. CAPTION
The first line on the first page of the pleading shall identify the Court where the action is filed. The names of parties to the action, with the complaining party placed first on the left side of the first page beginning on the next line. The title of the pleading (e.g., Complaint, Answer, Motion) and the case or file number shall be placed on the right side of the first page, next to the list of parties. Parties shall always be listed in the same order as the Complaint.
RULE 504. ATTACHMENTS
Attachments to pleadings must be specifically identified and referenced to in the pleading and conform to the rules for pleading.
RULE 505. SIGNATURE OF PARTIES AND COUNSEL; SPECIAL APPEARANCES
(A) The Complaint and Answer shall be signed by the party or his/her counsel. The signature means the statements in the pleading are made in good faith, are believed to be true and accurate, and are based upon adequate research or investigation. The Court may impose sanctions if it finds statements in a pleading are not made in good faith, contain intentional misstatements, or are not based upon adequate research or investigation. This includes omitting material facts or law which the person knew, or should have reasonably known, was relevant to the action. Sanctions may include removing issues from consideration in the action, imposing costs and counsel fees, and any other relief which may be appropriate under the circumstances.
(B) Each paper shall state the signer’s address and telephone number, if any. Except when otherwise specifically provided by this code, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.
(C) Representations to Court. By presenting to the Court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(3) The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.
(D) The Complaint must contain the full names of all parties and any counsel. The Answer must be signed by the party and his/her or her counsel and contain their full names and addresses, as well as a telephone number at which the they may be contacted.
RULE 506. PLEADING SPECIAL MATTERS
(A) Capacity. It is not necessary to aver or assert the capacity of a party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the Court, if necessary. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he/she shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge, and that party shall have the burden of proof on that issue.
(B) Fraud, Mistake, Condition of the Mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
(C) Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence of conditions precedent shall be made specifically and with particularity.
(D) Official Document or Act. In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law.
(E) Judgment. In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, the judgment or decision shall state with specific particularity the jurisdiction to render it.
(F) Time and Place. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.
(G) Special Damage. When items of special damage are claimed, they shall be specifically stated, but specific amounts need not be alleged in order to obtain judgment in the amount to which the party is entitled.
RULE 507. DISCRETION TO STRIKE
The Court may, upon motion, or at any time in its discretion, and upon terms it deems proper:
(A) Strike out any irrelevant, false or improper matter inserted in any pleading;
(B) Strike out all or any part of any pleading not drawn or filed in conformity with these rules.
RULE 601. COMPLAINT
A complaint is a pleading which sets forth a claim for relief and shall contain:
(A) A short and plain statement of the grounds upon which the Court’s jurisdiction depends, a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for judgment for relief the pleader seeks; or
(B) Be accompanied by a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases and textbooks cited in support of the position advanced.
RULE 602. ANSWERING A COMPLAINT
(A) An answer to a complaint shall be filed within thirty (30) days after service of the summons and complaint.
(B) The answer shall contain:
(1) A short and plain statement to admit, admit in part, or deny each statement in the complaint;
(2) A general or specific denial of each material allegation of the complaint or petition denied by the defendant;
(3) A statement of any new matter constituting a defense, counterclaim, or setoff, in ordinary and concise language and without repetition; and
(4) Assert any and all claims against other parties arising from the same facts or circumstances as the Complaint and state any defenses to the Complaint.
(C) An answer may also contain a statement that:
(1) The facts stated do not constitute a cause of action;
(2) There is another action pending between the same parties for the same cause;
(3) That the plaintiff has no legal right to sue; or
(4) The action was not started within the period of three (3) years following the acts complained of and for which relief is sought.
(D) An Answer shall be served on other parties and may be served by mail. A Certificate of Service shall be filed as required by Rule 404.
RULE 603. COUNTERCLAIM AND CROSS-CLAIM
(A) A party may counterclaim any claim the party has against an opposing party arising out of the same transaction or occurrence that is the subject of the opposing party’s claim and does not require the presence of third parties of whom the Court cannot acquire jurisdiction. A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter of the original claim, counterclaim or any property that is the subject matter of the transaction.
(B) The defendant may make a counterclaim in his/her answer to the charge in the compliant and in that event the plaintiff shall have ten (10) days in which to answer and file a copy of his/her reply with the Clerk of the Court.
(C) If the defendant files a cross-claim against a third party defendant, the third party defendant shall be served in the same manner as set forth in this Rule for service of process and shall have ten (10) days to answer the cross-claim.
(D) When a pleader fails to make a counter-claim or cross-claim, the pleader may be leave of court set up the counterclaim or cross-claim by amendment.
RULE 604. THIRD PARTY PRACTICE
(A) At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiffs claim against him, or who is or may be liable to the third-party plaintiff on a claim arising out of the transaction or occurrence that is the subject matter of any one or more of the claim(s) being asserted against the third-party plaintiff.
(B) A plaintiff may bring in a third party when a counterclaim is asserted the plaintiff.
(C) Leave of court to make service on a third-party defendant is not required if the third-party plaintiff files the third-party complaint within ten (10) days of filing the original answer; otherwise the third-party plaintiff must obtain leave of court by noticed motion and must notice all parties to the action.
(D) The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall assert any defenses, counterclaims and cross-claims as provided in Chapter 6.
(E) A third-party defendant may proceed under this Rule against any person not a party to the action who is or may be liable to the third-party defendant for all or part of the claim made in the action against the third-party defendant.
(F) Any party may move to strike the third-party claim, or for its severance or separate trial.
RULE 605. AMENDED AND SUPPLEMENTAL PLEADINGS
(A) A party may amend his/her or her pleading at any time before a responsive pleading is served or, where no responsive pleading is permitted and the action has not been placed on the calendar the party may amend at any time within twenty (20) days after it is served.
(B) Otherwise a party may amend the party’s pleading only by leave of court or by written consent of the opposing party; and leave may be given when justice so requires.
RULE 701. GENERAL
A class action lawsuit is one in which a small number of representatives represent the legal interests of a large number of people. A judge must certify the class for purposes of the litigation. Such Motion shall include: the identity of the class, the basis for personal and subject matter jurisdiction, the legal issues involved, and why it would not be practical to join each person instead of proceeding with a class action. The opposing party shall have ten (10) calendar days to file a Response to this Motion. The Trial Court, at its discretion, may then enter an Order stating whether or not the class has been certified, or convene a fact-finding hearing prior to entering an Order. The Trial Court may conditionally certify the class. At all times during the litigation, the Court may sua sponte reconsider its Order to certify the class.
RULE 702. PREREQUISITES TO A CLASS ACTION
One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.
RULE 703. CLASS ACTIONS MAINTAINABLE
An action may be maintained as a class action if the prerequisites of Rule 702 are satisfied, and in addition:
(A) The prosecution of separate actions by or against individual members would create a risk of inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class;
(B) As a practical matter, dispositive of the interests of the other members not party to the adjudications or substantially impair or impede their ability to protect their interests;
(C) The party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(D) The Court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include:
(1) The interest of members of the class in individually controlling the prosecution or defense of separate actions;
(2) The extent and nature of any litigation concerning the controversy already commenced by or against members of the class;
(3) The desirability or undesirability of concentrating the litigation of the claims in the particular forum;
(4) The difficulties likely to be encountered in the management of a class action.
RULE 704. NOTICE; JUDGMENT; ACTIONS CONDUCTED PARTIALLY AS CLASS ACTIONS
(A) In any class action maintained under Rule 703(C), the Court shall direct to the members of the class the best Notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The Notice shall advise each member that: the Court will exclude the member from the class if the member so requests in writing by a specified date; the judgment, whether favorable or not, will include all members who do not request exclusion; and any member who does not request exclusion may, if the member desires, enter an appearance through counsel.
(B) The judgment in an action maintained as a class action under Rule 703(A) and (B), whether or not favorable to the class, shall include and describe those whom the Court finds to be members of the class. The judgment in an action maintained as a class action under Rule 703(C), whether or not favorable to the class, shall include and specify or describe those to whom the Notice provided in Rule 703(D)(1) was directed, and who have not requested exclusion, and whom the Court finds to be members of the class.
(C) When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or a class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly.
RULE 705. ORDERS IN CONDUCT OF ACTIONS
In the conduct of actions to which this rule applies, the Court may make appropriate orders:
(A) Determining the course of proceeding or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;
(B) Requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the Court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action;
(C) Imposing conditions on the representative parties or the intervenors;
(D) Requiring that the pleadings be amended to eliminate allegations as to representation of absent persons, and that the action proceed accordingly;
(E) Dealing with similar procedural matters.
RULE 706. DISMISSAL OR COMPROMISE
A class action shall not be dismissed or compromised without the approval of the Court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the Court directs.
RULE 707. APPEALS
The Supreme Court may in its discretion permit an appeal from an order of the Trial Court granting or denying class action certification under this rule if application to the Supreme Court is made within ten (10) calendar days after entry of the order. An appeal does not stay proceedings in the Trial Court unless the Trial Court or the Supreme Court so orders.
RULE 801. COMPUTATION OF TIME
(A) Computation of time originates with the actual Court file stamped date of the document and not the date the notice or the document is received by the party.
(B) “Days” means calendar days unless a rule specifically states otherwise.
(C) Whenever a Rule or an order of Court requires that an action be taken within a certain number of days, the computation does not include the day the order is given, but begins as of the next following day and runs until the last day specified. For example, if a Complaint is filed on the first day of a month and the Answer is due in twenty (20) days, then the date the Answer is due will be the twenty-first day of the month. If the time limit identified in these rules is less than seven (7) calendar days, then Saturdays, Sundays, and legal holidays are not counted in the time limit. Legal Holidays are defined as those recognized by the Pit River Tribe.
(D) If the last day falls on a weekend or a Tribal Holiday or on a day when the Court is closed due to inclement weather or other unforeseen circumstances, then the due date is the next Court work day.
RULE 802. COMPLAINT
A complaint shall be served upon the defendant within one-hundred twenty days of the date of Filing.
RULE 803. RESPONSE TO A COMPLAINT
An answer or other response to a complaint or cross-complaint is to be filed, and copies served on all other parties, within thirty (30) days of service.
RULE 804. MOTIONS
(A) Motions may be filed by a party with any pleading or at any time after their first pleading has been filed. A copy of all written Motions shall be delivered or mailed to other parties at least five (5) calendar days before the time specified for a hearing on the Motion. A proof of service must be filed with the notice of motion stating that copies of the same were mailed or delivered to the opposing party.
(B) Motions for Extension of Time and More Definite Statement may be filed before the initial pleading.
RULE 805. RESPONSE TO A MOTION
(A) Responses. A Response to a written Motion must be filed at least one (1) day before the hearing. If no hearing is scheduled, the Response must be filed with the Court and served on the other parties within fourteen (14) calendar days of the date the Motion was filed plus five additional days if service is by mail. The party filing the Motion must file any Reply within three (3) calendar days.
(B) Motions for Expedited Consideration. Any Motion which requires action within five (5) calendar days shall be accompanied by a Motion for Expedited Consideration. The Motion for Expedited Consideration shall state the reasons why the Accompanying Motion should be heard prior to the normal time period, and what efforts the party has made to resolve the issue with the opposing party prior to filing the Motion for Expedited Consideration.
RULE 806. NOTICE OF HEARINGS AND TRIALS
(A) Notice of hearings and trials is to be provided at least five (5) days in advance if the parties are personally served, and ten (10) days if notice is delivered by mail.
(B) When a time limit counted from the time that notice is delivered to a person by mail, it shall be presumed that delivery takes place five days after notice is mailed.
RULE 807. EX PARTE APPLICATION
In the absence of an emergency or exigent circumstance, an application for an order shall not be made ex parte unless it appears by affidavit or declaration that:
(A) No less than twenty-four (24) hours before the application, the party informed the opposing party or the opposing party’s advocate when and where the application would be made; and
(B) Good cause exists to grant the requested order.
RULE 901. MOTION DEFINED
(A) A motion is a request to the Court for an order, which shall be made by written motion before trial wherever possible. A motion made verbally may be allowed at trial and at the discretion of the court if the court finds that in the interest of justice it is proper to do so.
(B) The motion shall specifically state what order is sought, and the reasons why the Court should grant the request. A written memorandum of legal authority in support of the motion is encouraged but is not required.
(C) A request to the Court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds for the motion, and state the relief or order sought. The requirement of writing is fulfilled if the motion is stated in the written notice of the hearing of the motion. Motions must be in the proper form as provided for by this Chapter and must be signed in accordance with Rule 505.
RULE 902. SERVICE
A proof of service must be filed with the notice of motion stating that copies of the same were mailed or delivered to the opposing party.
RULE 903. OPPOSITION
The opposing party shall have fourteen (14) days from service in which to respond to the motion, plus five additional days if service is by mail.
RULE 904. GROUNDS FOR RELIEF
The Court may grant relief from judgments or orders on motion of a party made within a reasonable time for the following reasons:
(A) Newly discovered evidence which could not reasonably have been discovered in time to request a new trial;
(B) Fraud, misrepresentation or serious misconduct of another party to the action; or
(C) Good cause if the requesting party was not personally served in accordance with Chapter 4; did not have proper service and did not appear in the action; or
(D) The judgment has been satisfied, released, discharged or is without effect due to a judgment earlier in time.
RULE 905. DEFAULT JUDGMENT
A Default Judgment may be entered against a party who fails to answer if the party was personally served in accordance with Chapter 4 or obtained judicial authorization to pursue other means of service such as publication or if a party fails to appear at a hearing, conference or trial for which he/she was given proper notice. A Default Judgment shall not award relief different in kind from, or exceed the amount stated in the request for relief. A Default Judgment may be set aside by the Court only upon a timely showing of good cause.
RULE 906. SUMMARY JUDGMENT
Any time after the date an Answer is due or filed, a party may file a Motion for Summary Judgment on any or all of the issues presented in the action. The Court will render summary judgment in favor of the moving party if there is no genuine issue as to material fact and the moving party is entitled to judgment as a matter of law.
RULE 907. JUDGMENT ON THE PLEADINGS
After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the Court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 906, and all parties shall be given reasonable opportunity to present all material pertinent to such a motion by Rule 906.
RULE 908. MOTION FOR RECONSIDERATION
Upon motion of the Court or by motion of a party made not later than ten (10) calendar days after entry of judgment, the Court may amend its findings or conclusions or make additional findings or conclusions, amending the judgment accordingly. The motion may be made with a motion for a new trial. If the Court amends the judgment, the time for initiating an appeal commences upon entry of the amended judgment. If the Court denies a motion filed under this rule, the time for initiating an appeal from the judgment commences when the Court denies the motion on the record or when an order denying the motion is entered, whichever occurs first. If within thirty (30) days after the filing of such motion, and the Court does not decide a motion under this Rule or the judge does not sign an order denying the motion, the motion is considered denied. The time for initiating an appeal from judgment commences in accordance with the Rules of Appellate Procedure.
RULE 909. MOTION TO MODIFY
After the time period in which to file a Motion to Amend or a Motion for Reconsideration has elapsed, a party may file a Motion to Modify with the Court. The Motion must be based upon new information that has come to the party’s attention that, if true, could have the effect of altering or modifying the judgment. Upon such motion, the Court may modify the judgment accordingly. If the Court modifies the judgment, the time for initiating an appeal commences upon entry of the modified judgment. If the Court denies a motion filed under this rule, the time for initiating an appeal from the judgment commences when the Court denies the motion on the record or when an order denying the motion is entered, whichever occurs first. If within thirty (30) calendar days after the filing of such motion, and the Court does not decide the motion or the judge does not sign an order denying the motion, the motion is considered denied. The time for initiating an appeal from judgment commences in accordance with the Rules of Appellate Procedure.
RULE 910. RELIEF FROM JUDGMENT
A Motion to Amend or for relief from judgment, including a request for a new trial shall be made within ten (10) calendar days of the filing of judgment. The Motion must be based on an error or irregularity which prevented a party from receiving a fair trial or a substantial legal error which affected the outcome of the action.
RULE 911. MOTIONS HEARINGS DEFINED
(A) A motion hearing is a pretrial proceeding that takes place when a party has asked the Court to order that something be done in connection with a pending case. Hearings on motion are not automatic.
(B) Unless requested by either party or ordered by the Court, a hearing on the motion will not be held. In the event a hearing is desired, a hearing date can be requested in writing or by contacting the Court prior to filing the notice. Hearings will be set as soon as practicable.
(C) Hearings will be set when oral argument would be helpful to the Court and on request of a party or parties or the Court’s own motion. Motions may be filed to add or eliminate parties, to amend pleadings, to request a jury trial, to prepare or simplify a case for trial, or to request judgment as a matter of law in the absence of material disputed issues of fact pursuant to this Title.
(D) A party requesting a hearing must:
(1) Schedule the hearing with the Court and
(2) Deliver or mail notice of the hearing to other parties at least five (5) calendar days prior to the hearing. If the trial is scheduled to begin within the time allowed for a hearing, all responses shall be made by the time scheduled for commencement of the trial.
(E) Motions made within fourteen (14) calendar days of trial may be dismissed and costs and fees assessed against the moving party if the Court finds no good cause exists for failing to file the Motion more than fourteen (14) calendar days in advance of the trial.
RULE 1001. DISCOVERY DEFINED
Discovery is the process used among parties to uncover evidence relevant to the action, including the identity of persons having knowledge of facts. Discovery may take place before an action has been filed and may be used for the purpose of preserving testimony or other evidence which might otherwise be unavailable at the time of trial. Discovery may include written interrogatories, depositions, and requests for the production of documents and things. It is the policy of the Court to favor open discovery of relevant material as a way of fostering full knowledge of the facts relevant to a case by all parties. It is the intent of these rules that reasonable open discovery will encourage settlement, promote fairness and further justice.
RULE 1002. REQUIRED DISCLOSURES
(A) Disclosures. Except to the extent otherwise stipulated or directed by order, a party shall, without waiting for a discovery request, provide to other parties:
(1) The name and, if known, the address and telephone number of each individual likely to have discoverable information relevant to disputed facts alleged with particularity in the pleadings, identifying the subjects of the information;
(2) A copy of, or a description by category and location of all documents, data compilations, and tangible things in the possession, custody, or control of the party that are relevant to disputed facts alleged with particularity in the pleadings;
(3) A computation of any category of damages claimed by the disclosing party, made available for inspection and copying the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and
(4) For inspection and copying any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part of all of a judgment which may be entered in an action or to indemnify or reimburse for payments made to satisfy the judgment.
(B) Judicial notice shall be taken of and required disclosures shall be made of official documents, public documents, documents subject to public inspection, document and materials of non-executive session, governmental minutes and recordings of a Tribal governmental body.
(C) Time of Disclosure. Unless otherwise stipulated or directed by the Court, these disclosures shall be received by the Court within ten (10) calendar days after the scheduling conference. A party shall make its initial disclosures based on the information then reasonably available to it and is not excused from making its disclosures because it has not fully completed its investigation of the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures.
(D) Authority to Compel. The Court shall have sua sponte authority to compel disclosure or production of discoverable documents, records and other materials, and to compel parties to answer or respond upon the Court’s own motion.
RULE 1003. INTERROGATORIES
A party may submit interrogatories (written questions) to other parties. The requesting party must receive the responding party’s written answers, under oath, within twenty-five (25) calendar days of receiving them. The responding party must include facts he/she knows, facts available to him/her, and give opinions, if requested.
RULE 1004. DEPOSITIONS
A party may take a deposition (testimony, under oath and recorded) of a deponent (another party or a witness) after giving at least five (5) calendar days notice of the time and place where the deposition will occur to all parties and the deponent. All parties may ask the deponent questions. Depositions may take place by telephone and be recorded stenographically, by tape recording or by other means if the parties agree or the Court so orders.
RULE 1005. REQUESTS FOR DOCUMENTS AND THINGS
A party may request another party to produce any documents or things within his/her possession or control for the purpose of inspection and/or copying. This includes permission to enter onto land for testing. The responding party must make the documents or things available to the requesting party within twenty-five (25) calendar days of the date of receiving the request.
RULE 1006. ONGOING OBLIGATION
There is an ongoing obligation by any party subject to a discovery request, which continues up to and through the trial, to supplement any response previously answered if new or freshly discovered material previously unavailable is discovered or revealed to them.
RULE 1007. PROTECTIVE ORDERS
For good cause, the Court on its own motion or at the request of any party or witness, may enter an Order to protect a party or other person from undue annoyance, embarrassment, oppression or undue burden or expense.
RULE 1008. NON-COMPLIANCE
If a party fails to appear or respond as requested under these rules, a party may request or the Court may issue an Order requiring a response and imposing costs, attorney’s fees, and sanctions as justice requires in order to secure compliance.
RULE 1009. POWER TO COMPEL
The Court retains the inherent authority to compel disclosure of material it has cause to believe is relevant to the matter before it.
RULE 1101. PRESENCE OF PARTIES AND WITNESSES
Subpoenas may be used to cause a witness to appear and give testimony. If a party wishes to have a subpoena issued by the Court, he/she shall furnish a properly prepared subpoena including information necessary for service of process at least ten (10) calendar days before trial. Service will be completed at least three (3) calendar days prior to hearing or trial. When service has been completed, the Court shall mail proof of service to all parties. When service of the subpoena will not be through the Court, the requesting party shall present the properly prepared subpoena to the Court for signature in time to ensure proper service before the hearing or trial and shall return proof of service to the Court prior to the trial. If a party does not timely request a subpoena, he/she shall not be entitled to a postponement because of the absence of the witness. If the subpoena has been timely issued, the Court may, in its discretion, postpone the hearing or trial. A person who fails to appear after being subpoenaed may be held in contempt of Court.
RULE 1102. NOTICE
At all times the parties shall use diligent efforts to notify witnesses subpoenaed to appear in sufficient time so that they might make arrangements needed to appear.
RULE 1103. FAILURE TO APPEAR
If any party fails to appear at a hearing or trial for which they received proper notice, the case may be postponed or dismissed, a judgment may be entered against the absent party, or the Court may proceed to hold the hearing or trial.
RULE 1104. ISSUANCE OF SUBPOENAS
(A) The power to subpoena or otherwise to order attendance in Court or the production of evidence, shall not extend to any Tribal government official with respect to matters or actions arising in the member’s official capacity, or in the exercise of the member’s official duties.
(B) Upon request of any party or upon the Court’s own initiative, the Court shall issue subpoenas to compel the testimony of witnesses, or the production of books, records, documents or any other physical evidence relevant to the determination of the case and not an undue burden on the person possessing the evidence. An employee of the Court may act on behalf of the Court and issue subpoenas which have been signed by a judge and which are to be served within the confines of the Tribe. Each subpoena shall be accompanied by a certified check or money order, prepaying the witness fees and expenses required by Rule 1107, and no subpoena shall be valid in the absence of such a check or money order.
(C) A subpoena shall bear the signature of the Chief Judge or an Associate Judge of the Court and it shall state the name of the Court, the name of the person or description of the physical evidence to be subpoenaed, the title of the proceeding, and the time and place where the witness is to appear or the evidence is to be produced.
RULE 1105. SERVICE OF SUBPOENAS
A subpoena may be served in the manner prescribed in Rule 404, except that service by publication is not permitted.
RULE 1106. FAILURE TO OBEY SUBPOENA
In the absence of a justification satisfactory to the Court, a person who fails to obey a subpoena issued and served in accordance with the provisions of this Code may be cited and held in contempt of court.
RULE 1107. WITNESS FEE AND EXPENSES
(A) Each witness answering a subpoena shall be entitled to reimbursement of his/her mileage expenses at the current rate paid by General Services Administration, and to witness fees at the rate of fifty dollars ($50.00) per day except that the custodian of any public books; records; documents or other physical evidence subpoenaed shall not be entitled to witness fees. A certified check or money order for these fees and expenses shall be attached by the party issuing the subpoena to the subpoena served on the witness.
(B) The fees and expenses provided for in this Chapter shall be taxed as court costs, and assessed against the parties as provided in the judgment in the case.
RULE 1201. HEARING
At the time the verified complaint is filed, the clerk shall schedule a hearing on the claim not less than fifteen (15) days after the complaint is filed. The clerk shall furnish the plaintiff with a copy of the notice showing the time and place of the hearing and shall affix such notice to the copy of the complaint to be served on each defendant. At the hearing, the presiding judge shall ascertain whether:
(A) The defendant has any defenses to the claim, or wishes to present any counterclaim against the plaintiff or cross-claim against any other party or person concerning the same transaction or occurrence;
(B) Any party wishes to present evidence to the Court concerning the facts of the transaction or occurrence;
(C) The interest of justice require any party to answer written interrogatories, produce any documents or other evidence, or otherwise engage in any pre-trial discovery considered proper by the judge;
(D) Some or all of the issues in dispute can be settled without a formal adjudication; and
(E) The claim is ready for trial:
(1) If the claim is ready for trial, the judge may try it immediately or set a subsequent date for trial.
(2) If the claim is not ready for trial, the judge shall set a subsequent date for trial and order such preparation by the parties as he/she deems necessary.
RULE 1202. PRETRIAL CONFERENCE
The Court may hold conferences with the parties, or their counsel when the party is represented. Notice of the time, place and purposes must be given far enough in advance to allow all parties to attend. The purposes of a conference may be to foster a resolution of the action without trial, to schedule discovery, motions and hearings to expedite the action, and to formulate a plan for the trial, identifying witnesses to be called, evidence to be presented, unresolved factual and legal issues, and for discussion of any other matter among the parties. A party may be sanctioned for failing to attend a conference if they received at least ten (10) calendar days notice and do not show good cause for failing to attend.
RULE 1203. SCHEDULING CONFERENCE
The Court may enter a scheduling order on the Court’s own motion or on the motion of a party. The Scheduling Order may be modified by motion of a party upon a showing of good cause or by leave of the Court.
RULE 1204. POSTPONEMENT
The Court may postpone a trial upon the request of a party, upon agreement of all parties, or at the Court’s discretion for good cause and on such terms as the Court deems just.
RULE 1205. CONSOLIDATION AND SEPARATION OF ACTION
(A) Consolidation. When actions involving a common question of law or fact are pending before the Court, the Court may order a joint hearing or trial of any or all the matters in issue in the actions; the Court may order all the actions consolidated; and the Court may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
(B) Separation. The Court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to judicial economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, or third-party claims, or issues.
RULE 1206. TRIAL PROCEDURE
(A) The time and place of court sessions, the rules of evidence to be followed by the court and all other details of judicial procedure may be set out in rules of court.
(B) All testimony of witnesses shall be given orally under oath in open court and subject to the right of cross- examination. Documentary and tangible evidence shall also be received in open court.
(C) Civil cases shall be tried before a judge and not a jury, except that either party has the right to a jury trial if the amount in controversy in the claim or any counterclaim exceeds seven thousand, five hundred dollars ($7,500.00), and the Court in its discretion may grant a jury trial where the amount in controversy is less than seven thousand, five hundred dollars ($7,500.00). If a jury trial is granted, the Court shall follow the provisions of Chapter 14. The compensation and expenses of the jurors shall be taxed as court costs, and assessed against the parties as provided in the judgment in the case.
(D) The case of the plaintiff shall be presented first followed by the case of the defendant. If rebuttal is required, the plaintiff shall proceed first, followed by the defendants.
(E) At the conclusion of the evidence, the plaintiff and defendant each in turn may summarize the proof and make final argument.
RULE 1207. INTERVENTION
A person may be permitted in the discretion of the Court to intervene as a party to an action in cases where property in which he/she claims an interest may be substantially affected by disposition of the action or where the applicant for intervention asserts a claim or defense which presents a question of law or fact common to the main action.
RULE 1208. SUBSTITUTION OF PARTIES
If a party dies, becomes incompetent or transfers his/her interest, a substitute or successor party may be joined or substituted as justice requires.
RULE 1301. VOLUNTARY DISMISSAL
A plaintiff may file a Notice of Dismissal any time prior to the filing of an Answer. The Complaint will be dismissed without prejudice.
RULE 1302. INVOLUNTARY DISMISSAL
After an Answer has been filed, a party must file a Motion to Dismiss. A Motion to Dismiss will be granted at the discretion of the Court. A Motion to Dismiss may be granted for a lack of jurisdiction; if there has been no Order or other action in a case for six (6) months; if a party substantially fails to comply with these rules; if a party substantially fails to comply with an order of the Court; if a party fails to establish the right to relief following presentation of all evidence up to and including trial; or, if the plaintiff so requests.
RULE 1303. SUA SPONTE DISMISSAL
The Court, on its own motion, may move to dismiss an action if there has been no filing or other activity on the record for six (6) months, if a party substantially fails to comply with these rules, or if a party substantially fails to comply with an order of the Court. The Court shall give written Notice to all parties that the action will be dismissed after thirty (30) calendar days unless good cause is shown in writing prior to the end of the thirty day period. No further Notice is necessary for the Court to enter a dismissal.
RULE 1401. OBLIGATION OF JURY SERVICE – PURPOSE
It is the policy of the Pit River Tribe that all litigants in the Pit River Tribal Courts who are entitled to a trial by jury will have the right to juries selected at random from a reasonable representation of the Pit River Tribe. It is further the policy of the Pit River Tribe that all tribal members shall have the opportunity to be considered for service on juries in the Pit River Tribal Courts, and shall have an obligation to serve as jurors when summoned for that purpose. A jury trial is one of the basic rights of citizens and jury service is one of the basic obligations of citizens.
RULE 1402. JURY TRIALS IN CIVIL CASES
A jury trial may be ordered by the court in civil cases only upon the stipulation in writing of all of the plaintiffs and defendants. The Court shall have the discretion in cases where such a stipulation is filed with it to either order a jury trial or not. The Court’s order shall not be subject to appeal. In civil cases tried by a jury each party shall be entitled to two (2) peremptory challenges.
RULE 1403. JURY TRIALS IN TRAFFIC VIOLATION CASES
There shall be no jury trials in cases where a person is charged with a traffic violation (1) when the exclusive penalty is a fine, or (2) when the court determines after a request for jury trial is made that no penalty of imprisonment shall be imposed in the event the defendant is found guilty. In cases where the possibility of imprisonment exists, the defendant shall have the right to elect a trial by jury.
RULE 1404. JURY PROCEDURE
All procedures concerning trial by jury as found in this Chapter of this Code of Ordinances shall apply to this selection.
RULE 1405. ELIGIBILITY OF JURORS
A person is qualified to serve as a juror in the Tribal Courts if that person is
(A) A tribal member eighteen years old;
(B) Able to read, write, and understand the English language with a degree of proficiency sufficient to fill out satisfactorily the juror qualification form;
(C) Able to speak the English language; or
(D) Capable, by reason of mental or physical infirmity, to render satisfactory jury service.
RULE 1406. SUMMONING JURORS
The Clerk of the Court shall summon each person randomly drawn from the Master Jury Wheel.
(A) Upon a court order for a jury to be drawn, the Clerk of the Court or the duly designated deputies shall issue summons for the required number of jurors within twenty (20) days.
(B) Each person drawn for jury service may be served personally, or by registered, or certified mail addressed to such person at his/her usual residence or business address.
(C) If the service is made personally, the summons shall be delivered by the clerk or their duly designated deputies to the process servers who shall make such service.
(D) If service is by mail, the summons may be served by the process servers or the clerk of the court, or their duly designated deputies, who shall make affidavit of service and shall attach thereto any receipt from the addressee for a registered or certified summons. The process server shall confirm service by providing a return of service to the clerk of the court.
(E) No person shall be disqualified, excluded, excused, or exempt from service as a juror, provided that, any person summoned for jury service may be excused by the presiding judge, or by the court clerk under authorization of the presiding judge, and upon a showing of undue hardship or extreme inconvenience, for such period as the court deems necessary.
RULE 1407. FAILURE TO APPEAR FOR JURY SERVICE
Any person summoned who fails to appear as directed shall be subpoenaed to court and ordered by the Court to appear and show cause for his/her failure to comply with the summons. Any person who fails to appear and show good cause for noncompliance with the summons may be fined.
RULE 1408. SHORTAGE OF JURORS
When there is an unanticipated shortage of available jurors drawn from the qualified Master Jury Wheel, the Court may require the Court Clerk to summon a sufficient number of jurors selected at random who are Tribal employees.
RULE 1409. JURY COMPOSITION
A jury shall consist of six (6) members of the Pit River Tribe, drawn from the master jury wheel. The drawing will be by some disinterested person or persons appointed by the judge. A minimum of twenty-five (25) names shall be drawn from which the selections will be made. Any party to the case may challenge no more than two (2) members of the panel so chosen, except for cause.
RULE 1410. JURY SELECTION
(A) Drawing of Names from the Master Jury Wheel: The Clerk of the Court shall draw at random from the Master Jury wheel the names of as many persons as may be required for jury service.
(B) The Clerk of the Court shall prepare and maintain a master jury list on computer and shall place in the master jury list the names of all persons drawn from the Master Jury Wheel who are determined to be qualified as jurors. The master jury list shall contain the list of names of the persons assigned to each jury panel.
(C) The Court Administrator shall fix a time when the names drawn from the qualified jury wheel shall be disclosed to parties and to the public.
RULE 1411. CAUSE FOR EXCUSING A PROSPECTIVE JUROR
(A) The judge may excuse a prospective juror only if the prospective juror states that any circumstances of relationship or kinship with any of the parties will cause that juror to be biased as to any of the parties, or that a prospective juror’s knowledge of facts in regard to the case to be presented will predispose the prospective juror in such circumstances only if the judge is satisfied that the juror’s statement is true and correct. The judge may order a juror permanently excused from jury service for extreme medical or physical handicaps that will prevent them from satisfactorily performing jury service. Upon such order, the clerk of the court shall permanently withdraw their name from the master jury list.
(B) Authority to Excuse or Exempt Jurors. No juror may be excused except by authorization of the presiding judge. The presiding judge shall determine whether a person is unqualified for, or exempt, or to be excused from jury service. The Clerk of the Court shall enter such determination in any alphabetical list of names drawn from the master jury wheel. If a person did not appear in response to a summons, such fact shall be noted on said list.
(1) Excused Jurors: Upon individual request, the Court may excuse such person if the Court finds that jury service by such individual, class or group would entail undue hardship or extreme inconvenience to the members thereof.
(2) Exempt Jurors: The following persons are exempt from jury service: A) members in active service in the Armed Forces of the United States, B) individuals who are employed with the fire, or police, or emergency service departments of the Tribe, C) Public Officers in the Executive, Legislative, or Judicial Branches of the Tribal Government who are actively engaged in the performance of official duties.
(3) If a person is excused the Clerk of the Court shall reinsert the name of such person into the qualified jury wheel, or if excluded by the Court on the ground that such person may be unable to render impartial jury service or that his/her service as a juror would be likely to disrupt the proceedings, or excluded upon peremptory challenge as provided by law, or excluded pursuant to a challenge by any party for good cause shown.
RULE 1412. CHALLENGES TO PANEL
Either party may challenge the panel on the ground that in its selection there has been a material departure from the requirements of law. Challenges to the panel shall be in writing, specifying the facts for which the challenge is based. They shall be made and decided before any individual juror is examined.
RULE 1413. CHALLENGES FOR CAUSE
(A) When there is reasonable ground to believe that a juror cannot render a fair and impartial verdict, the Court, on its own initiative, or on motion of any party, shall excuse the juror from services in the case. A challenge for cause may be made at any time, but may be denied for failure of the party making it to exercise due diligence.
(B) All challenges for cause, whether to the array or panel or to individual jurors, shall be determined by the Court. At any time that cause for disqualifying a juror appears, the Court shall excuse the juror before the parties are called upon to exercise their peremptory challenges. Such a juror shall be excused and another member of the panel shall be called to take the excused juror’s place in the jury box and on the clerk’s list of jurors when fewer than all the members of the jury panel have been examined.
(C) Challenges for cause shall be made out of the hearing of the jurors, but shall be of record.
RULE 1414. EXERCISE OF PEREMPTORY CHALLENGES
(A) Following examination of the jurors, the parties shall exercise their peremptory challenges on the clerk’s list by alternating strikes, beginning with the prosecutor, until the peremptory challenges are exhausted. Each party shall be allowed two (2) peremptory challenges.
(B) Failure of a party to exercise a challenge in turn shall operate as a waiver of the party’s remaining challenges but shall not deprive the other party of his/her full number of challenges. If the parties fail to exercise the full number of challenges allowed them, the Clerk of the Court shall strike the jurors on the bottom of the list until only the number to serve, plus alternates remain.
RULE 1415. CONDUCT OF THE PRELIMINARY EXAMINATION OF A JURY
(A) Only the judge shall question the prospective jurors in regard to their qualifications to serve on a jury. The parties or their attorneys or advocates may submit proposed questions to the judge for such questioning and the judge may use such questions.
(B) Swearing Panel. All members of the panel shall swear or affirm that they will answer truthfully all questions concerning their qualifications. Oath. Each juror shall take the following oath: “I swear (or affirm) that I will give careful attention to the proceedings, abide by the Court’s instructions, and decide matters placed before the jury in accordance with the law and evidence presented to me (so help me God).
(C) Calling Jurors for Examinations. The Court or the Clerk of the Court shall then call to the jury box a number of jurors equal to the number to serve plus the number of alternate jurors, plus the number of peremptory challenges allowed the parties. Alternatively, and at the Court’s discretion, Court and Counsel may examine all prospective jurors.
(D) Inquiry by the Court. The Court shall initiate the examination of jurors by identifying the parties and their counsel, briefly outlining the nature of the case, and explaining the purposes of the examination. The presiding judge shall ask any questions deemed necessary regarding the prospective jurors’ qualifications to serve in the case on trial. The parties may, with the Court’s consent, present brief opening statements to the entire jury panel, prior to such questions being asked.
RULE 1416. PRELIMINARY EXAMINATION OF JURORS
The Court shall conduct a thorough oral examination of prospective jurors.
RULE 1417. SCOPE OF EXAMINATION
The examination of prospective jurors shall be limited to inquiries directed to bases for challenge for cause or to information to enable the parties to exercise intelligently their peremptory challenges.
RULE 1418. SELECTION OF JURY
The persons remaining in the jury box or on the list of the panel of prospective jurors shall constitute the jurors for the trial. Just before the jury retirees to begin deliberations, the Clerk of the Court shall determine the juror or jurors to be designated as alternates. The alternate(s) upon being excused by the Court, shall be instructed to continue to observe the admonitions to jurors until they are informed that a verdict has been returned or the jury discharged. In the event a deliberating juror is excused due to inability or disqualification to perform required duties, the Court may substitute an alternate juror, choosing from among the alternates in the order previously designated, unless disqualified, to join in the deliberations.
RULE 1419. VERDICT
The judge shall instruct the jury in the law governing the case; and the jury shall bring a verdict for the complainant or the defendant on a form prepared by the court. The judge shall render judgment in accordance with the verdict and existing laws. In civil cases, a majority of four (4) of the six (6) jurors is necessary for a verdict.
RULE 1420. JUROR’S FEES
(A) All persons who are subpoenaed to serve as members of a panel from which a jury is to be chosen shall be entitled to compensation for each day or part thereof such services are required in court. Such compensation shall be uniform for all members of any such panel.
(B) Jurors in the Pit River Tribe Tribal Courts shall be paid the fees provided by this Rule. The requisite fees shall be disbursed on the certificate of the Clerk of the Court in accordance with the procedure established by the Court Administrative Office.
(C) A Juror shall be paid an attendance fee of at least fifty dollars ($50.00) per day for actual attendance at the place of the Trial or hearing.
(D) Performance of duty as a juror includes that time when a juror is:
(1) In attendance at court pursuant to a summons;
(2) In deliberation;
(3) Sequestered by order of the Judge; or
(4) At a site, by order of the Court, for the taking of a view.
RULE 1421. PROTECTION OF JUROR’S EMPLOYMENT
(A) No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee’s jury service, or the attendance or scheduled attendance in connection with such service, in any Court of the Pit River Tribe.
(B) Any employer who violates the provisions of this Rule:
(1) Shall be liable for damages for any loss of wages, or other benefits suffered by an employee by reason of such violation;
(2) Shall be subject to a civil penalty of not more than $5,000.00 for each violation as to each employee;
(3) May be enjoined from further violations of this Rule and ordered to provide other appropriate relief, including by not limited to the reinstatement of any employee discharged by reason of this jury service.
(C) Any individual who is reinstated to a position of employment in accordance with the provisions of this Rule shall be considered as having been on furlough or leave of absence during his/her period of jury service, shall be reinstated to his/her position of employment without loss of seniority, and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such individual entered upon jury service.
(D) An individual claiming that his/her employer has violated the provisions of this Rule may bring a claim to the Tribal Court of the Pit River Tribe if the employer maintains a place of business within the exterior boundaries of the Pit River Tribe.
RULE 1501. JUDGMENTS
(A) In all civil cases, judgment shall consist of an order of the Court awarding money damages to be paid to the injured person, or directing the surrender of certain property to the injured person, or the performance or prohibition of some other act.
(B) The judgment shall fairly compensate the injured person for the loss he/she has suffered or shall follow any rules of compensation set out in any ordinance or Rule of this Code pursuant to which the action is brought.
(C) A judgment shall be entered in each civil case. The judgment shall be for money or other relief or for dismissal. A judgment is complete and shall be deemed entered when it is signed by the judge and filed with the clerk.
(D) All judgments must be signed by the presiding Trial Court judge. All signed judgments shall be deemed complete and entered for all purposes after the signed judgment is filed with the Clerk. A copy of the entered judgment shall be mailed to each party within two (2) calendar days of filing. The time for taking an appeal shall begin running from the date the judgment is filed with the Clerk.
RULE 1502. RELIEF AVAILABLE
Except in a Default Judgment, the Court is not limited to the relief requested in the pleading and may give any relief it deems appropriate. The Court may only order such relief to the extent allowed by Pit River Tribe enactments. The Court may order any party to pay costs, including attorney’s fees, filing fees, costs of service and discovery, jury and witness costs. Findings of fact and conclusions of law shall be made by the Court in support of all final judgments.
RULE 1503. COURT COSTS NOT CHARGED TO THE TRIBE
The Tribe, its officers, employees, agents, or political subdivisions acting in their official capacity shall not be charged or ordered to pay any Court costs or attorney fees under this Act, but if these entities prevail in the action, the cost which such entities would have been required to pay may be charged as costs to the losing party as in other cases.
RULE 1504. PUNITIVE DAMAGES
If an injury is adjudged deliberately inflicted, the judgment may award punitive damages to the prevailing person.
RULE 1505. DECEDENTS’ ESTATES
A judgment shall be considered a lawful debt in all proceedings held by the Department of the Interior or by the Court to distribute decedents’ estates.
RULE 1506. DURATION AND INTEREST
(A) A judgment of the Tribal Court shall be valid until satisfied in full, including interest upon the judgment.
(B) Interest on judgments shall accrue as follows:
(1) Judgments founded on written contracts, providing for the payment of interest until paid at a specified rate, shall bear interest at the rate specified in the contracts: Provided, that said interest rate is set forth in the judgment.
(2) Interest on a money judgment shall accrue from the date the judgment is filed with the Clerk at a rate set by the Legislature or at five percent (5%) per year if no rate is set.
(3) In any case where a judgment entered on verdict is wholly or party affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered.
RULE 1507. COSTS AND ATTORNEYS FEES
In civil actions costs shall be awarded the prevailing party as part of the final judgment unless the Court otherwise orders. No costs shall be awarded against the Tribe, or against any officer of the Tribe or member of the Tribal Council sued in his/her official capacity. Costs shall include filing fees, reasonable and necessary expenses of involuntary witnesses, costs associated with compensation and expenses of the jury, and such other proper and reasonable expenses, exclusive of attorneys’ fees to the prevailing party in a civil suit unless the Court determines that the case has been prosecuted or defended solely for harassment and without any reasonable expectation of success.
RULE 1508. COSTS IN CIVIL ACTIONS
The judge may access the accruing costs of the case against the person against whom judgment is given. Such costs shall include the expenses of voluntary witnesses for which either party may be responsible under this Code, and the fees of jurors in jury cases, and any further incidental expenses or fees connected with the procedure required by this Code as the judge may direct.
RULE 1509. ERRATUM ORDER OR REISSUANCE OF JUDGMENT
Clerical errors in a Court record, including the Judgment or Order, may be corrected by the Court at any time.
RULE 1510. SATISFACTION OF JUDGMENT
(A) Satisfaction of a judgment is not a burden of the Court or its Clerk and the judgment creditor must notify the Court in writing of full or partial satisfaction.
(B) Complete. The person owing money under a judgment must file proof of satisfaction of judgment with the Court stating the amount and date of payment and whether the payment was in full or partial satisfaction of the judgment. The satisfaction must be signed by the person who was owed money.
(C) A judgment shall be satisfied when there is filed with the Clerk of the Court:
(1) An officer’s or Court Clerk’s return on an execution showing the amount of the judgment and all costs have been paid in full.
(2) Statement signed and acknowledged by the judgment creditor that the judgment has been paid in full filed with the Court; and
(3) By order of the Court, made on a motion by the judgment debtor, the agent or heirs after a hearing in which all interested parties were given an opportunity to be heard.
(D) Partial. A partially satisfied or unsatisfied judgment continues in effect for eight years or until satisfied. The judgment may be renewed for additional eight (8) year periods upon request by any party.
RULE 1511. APPEALS
(A) Any Final Judgment or Order of the Trial Court may be appealed to the Pit River Tribe Supreme Court (also referred to as the Court of Appeals). The Appeal must comply with the Pit River Tribe Rules of Appellate Procedure, specifically Rules of Appellate Procedure, Section 205, Right of Appeal. All subsequent actions of a Final Judgment or Trial Court Order must follow the PRT Rules of Appellate Procedure.
(B) Any aggrieved party in a civil proceeding must appeal within ten (10) days after judgment order of the Court. All appeals shall be in accordance with appeal procedures established by the rules of the Tribe.
RULE 1512. STAY OF PROCEEDINGS TO ENFORCE JUDGMENT
(A) Automatic Stay. No writ of execution shall issue nor shall any proceedings be allowed for enforcement of judgment until ten (10) days after the entry of the judgment or mailing of notice of judgment when required.
(B) Stay During Appeal. When an appeal of a final judgment or order of the Pit River Tribal Court is taken, the court, upon appellant’s motion, may grant a stay of execution of judgment. Provided that appellant post a surety bond sufficient to guarantee performance of the judgment, and payment of the costs of appeal, on or before the date of filing his/her appeal.
(C) Injunction Pending Appeal. When an appeal is taken from the granting of a temporary restraining order or a final judgment, granting, dissolving, or denying an injunction, the court, in its discretion, may suspend, modify, restore, or grant an injunction during the pendency of the appeal upon such terms as the court considers proper for the security of the rights of the adverse party.
RULE 1601. JUDGMENT CONSTITUTES A LIEN
(A) A judgment shall constitute a lien on any nonexempt property of the judgment debtor. Notice of this lien may be filed by the judgment creditor in the public records of any county or state where such property is located.
(B) An unsatisfied judgment may be filed as a lien against funds owing the defendant by the Tribe by having the Clerk deliver a copy of the judgment to the Chairperson or the Treasurer of the Tribe and they shall pay over to the Court the amount specified in the judgment as funds become available to the credit of such party.
RULE 1602. WHO IS BOUND BY JUDGMENT
All parties and interested persons who are within the jurisdiction of the Court and who had notice of the case pending before the Court are bound by the judgment whether or not they appeared.
RULE 1603. JUDGMENTS IN TRADITIONAL COURT RESOLUTION PROCEEDING
Selection of the Traditional Court by a litigant forecloses the use of the Trial Court. All decisions of Traditional Court will be summarized in writing by the trial judge. The decisions of the Traditional Court will not be appealable. The party selecting resolution by the Traditional Court must be do so in writing and sign an acknowledgment that they understand that they will not be able to appeal its judgment to the Trial Court or Supreme Court. All parties appearing before the Traditional Court must appear voluntarily and consent in writing to the jurisdiction of the Traditional Court. The decisions of the Traditional Court apply only to the parties involved in that dispute, and will not be given any legal authority beyond that provided by the PRT Constitution.
RULE 1604. EXECUTION
(A) If any final judgment for money rendered by the Court is not satisfied within sixty (60) days of entry, or such other time fixed by the Court, the judgment creditor may apply to the Court for an order directing the judgment debtor to appear before the Court for purposes of itemizing his/her property.
(B) After giving the judgment debtor an opportunity for hearing, the Court shall determine what property is available for execution, and shall order tribal law enforcement officers to seize such property as may be necessary to satisfy the judgment. In addition, the judgment may be paid out of any funds on deposit to the credit of the judgment debtor at the agency, not exempt under Rule 1708 or 1709, when such payment is authorized by the Secretary of the Interior, or his/her authorized representative, on such terms and conditions as the Secretary may prescribe.
(C) Judgment. Judgments may be executed through a writ of execution on the property of a person against whom the money Judgment is entered. The party requests an execution of the Judgment by filing a Motion and documenting that the judgment has not been fully satisfied. The writ of execution may specify personal property to be seized in satisfaction of any judgment and any property seized may be subject to sale by the Court to satisfy the judgment after ten (10) days notice by posting public notice of such sale. The sale will be conducted by the Clerk and sale will be to the highest bidder for cash, but not less than the appraised value of the property. The proceeds of such sale will be paid by the Clerk as follows:
(1) All costs of the sale;
(2) All unpaid Court costs;
(3) The amount of the unsatisfied judgment;
(4) Any balance will be paid to defendant; and
(5) Any unpaid amount of the judgment shall remain unsatisfied.
RULE 1605. PROCEDURE
If, after the time for appeal has run, it is made to appear to the Court that the judgment debtor has not paid the judgment amount in full or is not making payments in a manner agreed to by the parties or required by the Court, the judge shall order the judgment debtor to appear before him and answer under oath regarding his/her personal property. The judge shall then determine what property of the judgment debtor is available for execution and order the police to seize as much of the property as reasonably appears necessary to pay the judgment Failure of the judgment debtor to appear may be deemed a contempt of court and the judge may proceed without his/her appearance.
RULE 1606. HEARING
When such a Motion for Execution of a Judgment is filed, the Court shall order the person owing the money to appear and Answer under oath describing his/her money, property, and income. Failure to appear may be deemed a contempt of Court and the Court may proceed with the execution of Judgment without the person. Money and property may be seized by the Court and held to satisfy the Judgment. Any money, and property seized shall be held for thirty (30) calendar days before being turned over to the party to whom the money is owed. The Court, in its discretion, may release the money or property in less than thirty (30) days, if the release will not cause harm to either party.
RULE 1701. GARNISHMENTS AND/OR LIENS
Garnishment/lien is a proceeding to obtain satisfaction of a Judgment for money out of property or money in the possession or control of a third party. A Judgment may be collected through a writ of execution on the income or other funds being held by someone other than the person owing the debt. The person requesting execution of Judgment shall ask the Court to serve the Writ of Execution and an Order directed to the third party which requires them to turn over property or money in their possession or control belonging to the person owing the debt. The property of money shall be turned over to the Court and held as under the above rule on execution of judgments.
RULE 1702. LIFE OF JUDGMENT
No judgment of the Court for money shall be enforceable after five (5) years from the date of entry, unless application to renew the judgment shall have been filed before the date of expiration pursuant to Rule 1703.
RULE 1703. RENEWAL OF JUDGMENT
Upon application of the judgment creditor prior to the expiration of five (5) years after the date of the entry of a judgment for money, the Court shall order the judgment renewed and extended for an additional five (5) years.
RULE 1704. SALE OF PROPERTY
(A) Sale of the seized property shall be at public auction conducted by the police after giving at least ten days public notice posted in at least three public places on the Reservation. Property shall be sold in a commercially reasonable manner to the highest bidder. Payment for the property and transfer of title shall take place after the retention period has expired, as described below. If the sale results in a price higher than the debt plus expenses of sale, the debtor shall be given the surplus. The judgment shall continue in effect in the amount not recovered at the sale, plus expenses of the sale.
(B) A judgment shall be considered a lawful debt in all procedures to distribute a defendant’s estate.
RULE 1705. REDEMPTION
At any time within fourteen (14) days after the sale under Rule 1704 above, the judgment debtor may redeem the sold property by paying the judgment amount in full, plus expenses of the sale. Upon such payment, the property shall be returned to the judgment debtor and the purchaser shall be notified that the property has been redeemed.
RULE 1706. PER CAPITA PAYMENTS/DIVIDENDS
(A) Unless otherwise provided by the Tribal Council, the Tribal Court and all the judges thereof shall have the authority and power to order that all per capita payments/dividends of judgment debtors, as authorized by 25 U.S.C.A. §117b, be available for execution of judgment and to order appropriate tribal or federal officials to seize and all per capita payments/dividends of judgment debtors which may arise in the present or future, as much of said payments/dividends as appears necessary to satisfy any judgment of the Tribal Court where the Pit River Tribe, as party plaintiff, was awarded money damages or money judgment for payment of contracted obligations, contracted indebtedness, or otherwise.
(B) Whenever a judgment orders the payment of damages and costs and payment is not made within the time specified therein and when the party against whom judgment is rendered has sufficient funds to his/her credit at the Northern California Agency Office to pay all or part of the judgment, the Clerk shall require the party to sign Form 5-139 and deliver the signed form and a copy of the judgment to the Superintendent who shall pay over to the Court the amount specified in the judgment or such lesser amount as may be held to the credit of such party for payment to party entitled to the judgment.
RULE 1707. GARNISHMENT OF WAGES
(A) The Court may, in a civil action for garnishment filed by a judgment creditor, order garnishment of the unpaid past or future wages of the judgment debtor for satisfaction of the judgment. No garnishment action shall be filed unless the judgment has been unsatisfied for sixty (60) days or more. In any such action the judgment debtor and the judgment debtor’s employer shall be named as defendants.
(B) The maximum amount of wages in any one workweek subject to garnishment is the lesser of:
(1) Twenty five per cent (25%) of the judgment debtor’s disposable wages for that work week, or
(2) The amount by which the judgment debtor’s disposable wages for that week exceed forty (40) times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938.
(C) The garnishment order shall lapse when the judgment is satisfied or when the judgment debtor resigns or is dismissed from his/her employment; provided that if the judgment debtor is reemployed or rehired within ninety (90) days after such resignation or dismissal, the garnishment order shall continue in effect.
(D) No employer shall discharge an employee for the reason that a judgment creditor of the employee has subjected or attempted to subject unpaid earning of the employee to garnishment.
(E) For the purposes of this Rule:
(1) “Wages” means compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus or otherwise.
(2) “Disposable wages” means that part of the wages of an individual left after the deduction from those earnings of federal tax withholdings, social security withholdings, and any other amounts required by applicable law to be withheld by the employer.
(F) Notwithstanding any other provision of law, effective thirty days after this Ordinance is enacted, monies (the entitlement to which is based upon remuneration for employment) due from, or payable by, the Tribe (including any agency, subdivision, or instrumentality thereof) to any individual, shall be subject, in like manner and to the same extent as if the Tribe was a private person, to legal process brought for the enforcement against such individual of his/her legal obligations to provide child support, or make alimony payments, or make rental payments to the authorized Tribal Housing entity. Service of legal process brought for the enforcement of an individual’s obligation to provide such payments shall be accomplished by certified or registered mail, return receipt requested, or by personal service upon the Tribal Treasurer. No Tribal employee shall be subject to any disciplinary action or civil or criminal liability or penalty whatsoever for, or on account of, any order of the Tribal Court pursuant to this Rule.
RULE 1708. EXEMPTION FROM EXECUTION
The judge shall order seizure and sale of only such property of the judgment debtor as will not impose an immediate and substantial hardship on his/her immediate family. Only property of the judgment debtor himself may be subject to execution and not property of his/her family.
RULE 1709. PROPERTY EXEMPT FROM JUDGMENTS FOR MONEY
(A) There shall be exempt from the satisfaction or payment of all judgments for money, except judgments for the support of a spouse or children, the following property of the judgment debtor or the debtor’s spouse:
(1) Provisions and fuel necessary to supply the debtor and his/her immediate family for one (1) year, or their monetary equivalent (including funds in an IIM account up to this amount).
(2) All wearing apparel, clothing and personal effects.
(3) All household furnishings.
(4) One (1) dwelling place whether it be a house, cabin, trailer or other structure.
(5) Except for a farmer or rancher, one (1) horse, saddle and bridle, one (1) wagon, two (2) cows and their calves, four (4) hogs and fifty (50) domestic fowls and feed for such animals for three (3) months.
(6) One (1) truck or other motor vehicle.
(7) To a farmer or rancher — livestock, farm equipment, machinery and seed, grain or vegetables not exceeding in value one-hundred fifty thousand dollars ($150,000.00).
(8) To a mechanic or artisan — tools or implements necessary to carry on his/her trade.
(9) All moneys, benefits, privileges or immunities in any manner growing out of any life insurance on the life of the debtor.
(10) All retirement allowances, benefits and pensions.
(11) All family pictures.
(12) A pew or other sitting in any house of worship.
(13) A lot or lots in any burial ground.
(14) One (1) Bible, all schoolbooks, and all other books not exceeding in value of two hundred fifty dollars ($250.00).
(15) One (1) rifle or handgun.
(16) Real property held in trust by the United States.
(B) Provided however that such exempt property may be subject to satisfaction and payment of judgments where the judgment debtor has executed a valid and lawful mortgage or security agreement with the judgment creditor, specifically pledging such property as collateral.
RULE 1801. EMERGENCY ORDER
The Court may enter an Emergency Order without a hearing if it appears from the Complaint, affidavits and sworn testimony that irreparable harm will result without the Order. The Order will expire in thirty (30) calendar days unless extended by the Court for good cause. A hearing on the matters contained in the Order will be held prior to its expiration. The removal of a child from its residence by the Department of Social Services or equivalent agency and the imminent destruction of records or property essential to the case are examples of matters which may require an Emergency Order.
RULE 1802. TEMPORARY RESTRAINING ORDER
(A) When it appears from a party’s pleading that a party is entitled to judgment and any part thereof consists in restraining some act, the commission or continuance of which during the litigation would injure the party, or when during the litigation it shall appear that a party is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another party and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
(B) The application for an injunction or restraining order made to the Court shall not be heard except upon notice to such other persons as may be defendants in the action unless the Court is of the opinion that irreparable loss or damage will result to the applicant unless a temporary restraining order is granted.
(C) The Court may grant such temporary restraining order at any time before a hearing and determination of the application for an interlocutory injunction. However, such temporary restraining order shall be effective only for thirty (30) calendar days unless extended after notice and hearing thereon, or upon written consent of the parties or their attorneys.
RULE 1803. TEMPORARY RESTRAINING ORDERS WITHOUT NOTICE
(A) No temporary restraining order or other injunction without notice shall be granted where the Tribe is a defendant or a tribal official is a defendant in his/her official capacity. Otherwise, except as provided in subsection (C), no temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by oral testimony, affidavit or by the verified complaint that immediate and irreparable injury will result to the applicant before notice can be served and a hearing had thereon.
(B) In cases where a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence of all matters except older matters of the same character. When the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if he/she does not do so, the Court shall dissolve the temporary restraining order. On two (2) days’ notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the Court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the Court shall proceed to hear and determine such motion as expeditiously as possible.
(C) Every temporary restraining order granted without notice shall be endorsed with the date and hour of issuance and shall expire by its terms within such time after entry, not to exceed ten (10) days, as provided in the order.
RULE 1804. PRELIMINARY INJUNCTIONS
A preliminary injunction restrains activities of a defendant until the case can be determined on the merits. No preliminary injunction shall be issued without notice to the adverse party and an opportunity to be heard, and no preliminary injunction shall be issued absent clear and convincing proof by specific evidence that the applicant will suffer irreparable harm during the pendency of the litigation unless a preliminary injunction is issued, that the applicant has a high likelihood of success on the merits, and that the balance of equities favors the applicant over the party sought to be enjoined. The Court may dissolve or modify a preliminary injunction at any time as the interests of justice require.
RULE 1805. SECURITY
Except as otherwise provided by law, no temporary restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, in such sum as the Court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of the United States, the Tribes, or of an officer, or agency, or either.
RULE 1806. HABEAS CORPUS
Relief by habeas corpus proceedings shall be granted whenever it appears to the Court that any person is unjustly imprisoned or otherwise unlawfully deprived of his/her liberty. Upon the filing of the complaint the Court shall issue a writ directed to the defendant commanding him/her to bring the person alleged to be restrained before the Court at a time and place therein specified, at which time the Court shall proceed to hear the matter and render judgment accordingly.
RULE 1901. ENFORCEMENT OF JUDGMENT OF JUDICIAL RECORDS OF OTHER JURISDICTIONS
The Tribal Court may as a matter of comity enforce the judgment of another Tribe, the United States, a state or foreign nation, provided, that such a judgment may be enforced only after hearing or trial, on an action or special proceeding in the Tribal Court, requesting enforcement relief and complying with Title I, Chapter 10, Full Faith and Credit. An authenticated copy of the judgment of the other jurisdiction shall accompany the complaint seeking enforcement.
RULE 1902. EFFECTIVE DATE
These rules will take effect on the first Court work day after the date these rules are adopted by the Supreme Court of the Pit River Tribe. They will govern all proceedings brought on or after that date. They will govern all proceedings pending on that date unless, in the discretion of the Trial Court, their application would not be feasible or would work injustice to the parties in the proceeding. In that event, the Trial Court shall devise procedures as are necessary for a full, fair and expeditious resolution of the proceeding.
RULE 1903. BUSINESS HOURS
The Pit River Tribal Court is open from 8:00 a.m. to 4:30 p.m. Monday through Friday, with the exception of holidays, closings due to inclement weather, or other unforeseen circumstances. For a document to be timely filed, it must be received and stamped by the clerk of court no later than 4:30 p.m. on the date due.