The Confederated Tribes of Siletz Indians of Oregon: Tribal Government Operations

SILETZ TRIBE COURT RULES AND PROCEDURES

Chapter Three

Part I - Court Structure and Court Personnel

§ 3.01 Establishment of Siletz Tribal Court Rules.

(a) Policy. The Siletz Constitution, Article V, Section 3, establishes the authority to promulgate rules of pleading, practice and procedure, as follows;

The Chief Judge shall promulgate rules of pleading, practice, and procedure applicable to any and all proceedings of the Tribal Court, consistent with the provisions of this Constitution and requirements of Federal Law. In case of failure of the Chief Judge to establish such rules, the Tribal Council shall have the authority to establish them. These rules shall be known as the "Siletz Tribal Court Rules" and shall be cited as "STCR". The Tribal Council declares that public policy reasons exist that make it necessary for the Tribal Council to exercise its constitutional authority to establish rules of pleading, practice and procedure applicable to any and all proceedings of the Tribal Court.

(b) Scope of the Siletz Tribal Court Rules. These Rules shall govern procedure in all courts and judicial forums of the Siletz Tribe in all actions and suits of a civil nature, except where otherwise expressly provided.

(1) In the absence of a specific rule of pleading, practice or procedure set out in this Ordinance, the Tribal Court may look to the rules of other tribal or federal courts, in that order, and may adopt specific rules or may create an analogous rule in a specific case.

(2) These rules shall be construed and administered to secure the just, speedy and inexpensive determination of every action.

(3) There shall be one form of action to be known as "civil action."

(c) Creation of Substantive Rights. These Siletz Tribal Court Rules shall not create any substantive legal right or remedy in any person or entity, and shall not affect or diminish the sovereignty or sovereign immunity of the Siletz Tribe and tribal government. Any substantive legal right or remedy must be found in the Siletz Constitution or in Siletz tribal law, including Ordinances, Resolutions, regulations, and other formally adopted tribal policy, or in applicable federal law.

§ 3.02 Establishment of the Siletz Tribal Court.

(a) Policy. The Siletz Tribal Court is created by the Siletz Constitution, Article IV, Section 2, by the following language:

The Tribal Court shall consist of one Chief Judge and such Associate Judges and staff as are deemed necessary by the Tribal Council. The Tribal Court is empowered to exercise all judicial authority of the government. Such authority shall include but is not limited to the power to review and overturn tribal legislative and executive actions for violations of this Constitution or of the Federal Indian Civil Rights Act of 1968 as well as to perform all other judicial and court functions. The Tribal Council shall set forth qualifications for Tribal Court Chief Judge, Associate Judges, and staff positions by ordinance, and shall appoint persons to fill said positions for a term of not less than four years for Chief Judge, not less than two years for Associate Judges. During the tenure of his or her appointment, the Chief Judge, or an Associate Judge may be suspended or dismissed only for cause by the Tribal Council upon due notice and an opportunity for a hearing open to tribal members.

(b) Judicial Authority of the Tribal Court. As expressed in the Siletz Constitution, the Tribal Court possesses constitutional authority to review and overturn tribal legislative and executive actions for violation of the Siletz Constitution or of the Federal Indian Civil Rights Act of 1968. Other judicial authority of the tribal government shall be expressly vested in the Tribal Court by Tribal Council Ordinance or Resolution. Any judicial authority affirmatively created by the Tribal Council shall be vested with the Tribal Court, provided, that the Tribal Court may, by appropriate rule and upon approval of the Tribal Council, delegate judicial authority of the Court to other appropriate forums. Judicial authority other than the authority expressly vested in the Tribal Court under the Siletz Constitution shall not be implied.

(c) Branches and Divisions of the Siletz Tribal Court. The Siletz Tribal Court shall consist of the following branches and divisions:

(1) The Siletz Community Law Court;

(2) The Siletz District Court;

(3) The Siletz Court of Appeals;

(4) The Siletz Gaming Court.

The Tribal Council may add other branches or divisions of the Tribal Court from time-to-time as it determines necessary, or upon the recommendation of the Chief Judge. In such event, any new branch or division shall be added to this list.

§ 3.03 Jurisdiction of the Siletz Tribal Court: General.

(a) Subject Matter Jurisdiction.

(1) The Tribal Court shall have subject matter jurisdiction over cases arising within the territory of the Siletz Tribe, as the Tribe's territory is defined for different purposes in the Geographic Areas of Tribal Interest Ordinance.

(2) The Tribal Court shall have jurisdiction to review and overturn tribal legislative and executive actions which violate the provisions of the Siletz Constitution or of the Federal Indian Civil Rights Act of 1968, as amended, to the extent such actions adversely affect the legal rights of any person or entity.

(b) Personal Jurisdiction.

(1) Tribal Members. The Tribal Court shall have jurisdiction over tribal members in any case in which the Tribal Court has subject matter jurisdiction.

(2) Non-tribal member Indians. The Tribal Court shall have jurisdiction over non-tribal member Indians who have consented to the jurisdiction of the Siletz Tribe or Siletz Tribal Court, who have close social and economic ties to the Siletz Tribe or a Siletz tribal member, or whose conduct affects the political integrity, the economic security, or the health or welfare of the Siletz Tribe or any of its members. The term "non-tribal member Indians," for purposes of this Ordinance, shall mean Indians who are members of other federally recognized Indian tribes and persons of Indian descendancy who are members of the immediate family of a Siletz tribal member, as the term immediate family is defined at § 3.004(d) of the Tribal Council Ethics Ordinance.

(3) Non-Indians. The Tribal Court shall have jurisdiction over non-Indians who have consented to the jurisdiction of the Siletz Tribe or Siletz Tribal Court, or whose conduct affects the political integrity, the economic security, or the health or welfare of the Siletz Tribe or any of its members.

(4) Consent to jurisdiction. For purposes of subsections (2) and (3) of this Section, a person or entity shall have consented to the Jurisdiction of the Siletz Tribal Court by entering into a consensual relationship with the Siletz Tribe, tribal entities, tribal corporations, or tribal members, including but not limited to contracts or other agreements, by voluntarily entering onto tribal land or property, by engaging in any activity or conduct that is authorized, regulated or conducted by the Siletz Tribe, an arm of the Tribe or tribal corporation, or by other facts which the Tribal Court determines manifest an intent to consent to the authority of the Siletz Tribe or the jurisdiction of the Tribal Court.

§ 3.04 Jurisdiction of the Siletz Tribal Court: Siletz Community Law Court.

(a) Subject Matter Jurisdiction. The Siletz Community Law Court shall have jurisdiction over the following cases:

(1) Garnishments;

(2) Evictions and Housing Authority homeowner or tenant disputes;

(3) Private civil disputes between persons or entities which do not request monetary damages;

(4) Disputes involving monetary claims which do not exceed $2,500.00;

(5) Offenses under the Civil Offenses Ordinance; and

(6) Minor crimes. The subject matter jurisdiction of the Siletz Community Law Court shall be limited to the subject areas listed in this subsection. The Siletz Tribal Council may add other subject areas to the Jurisdiction of the Siletz Community Law Court from time-to-time by Resolution. In such event, the additional subject areas shall be added to the list in this subsection.

(b) Mandatory Mediation.

(1) Policy. It is the strong public policy and tradition of the confederated Siletz Tribes to resolve disputes in an informal and consensual manner, using tribal elders where possible. The Tribal Council hereby implements this policy and tradition for community disputes by establishing a mandatory mediation program for disputes brought before the Siletz Community Law Court.

(2) Establishment of Program. The Chief Judge shall by rule establish a mandatory mediation program for disputes subject to the jurisdiction of the Siletz Community Law Court, including but not limited to payment for mediation services, timelines, and those disputes which are exempted from mandatory mediation (for example, uncontested garnishment actions).

§ 3.05 Jurisdiction of the Siletz Tribal Court: Siletz District Court.

(a) Subject Matter Jurisdiction. The Siletz District Court shall have exclusive jurisdiction over the following cases;

(1) Disputes arising under the Siletz Constitution or under the Indian Civil Rights Act;

(2) Claims against the Siletz Tribe, tribal government, tribal corporations, tribal entities, or against tribal employees;

(3) Cases involving monetary claims which exceed $2,500.00;

(4) Appeals from final administrative action of the Siletz Tribe, tribal government or arms or entities of the Tribe, pursuant to the Siletz Administrative Procedures Ordinance or other tribal authority;

(5) Indian Child Welfare Act proceedings and other juvenile proceedings;

(6) Domestic relations cases;

(7) Crimes in which incarceration is a potential punishment; and

(8) All other cases over which the Siletz Tribal Court has subject matter jurisdiction and which are not specifically vested in another branch or division of the Tribal Court.

(b) Mediation. It is the strong public policy and tradition of the confederated Siletz Tribes to resolve disputes in an informal and consensual manner. The Chief Judge shall by rule establish a mediation program for cases subject to the jurisdiction of the Siletz District Court which shall encourage mediation of all disputes and which may require mediation of certain categories of disputes.

(c) Scope of Review for Appeals from Final Administrative Action. Jurisdiction of the Siletz District Court over appeals from final administrative decisions of the Siletz Tribe, arms of tribal government or a tribal corporation or entity shall be limited to review of questions of law, in which case the Siletz District Court shall review the issue de novo. Rulings on questions of fact in a final administrative decision shall be accorded deference by the Siletz District Court, and shall be disturbed only if no substantial basis exists for the administrative ruling and no reasonable grounds exist under which the administrative decision could have decided the factual question as it did. The Siletz District Court may affirm, reverse, remand, or otherwise modify in whole or in part the final administrative decision it is reviewing.

§ 3.06 Jurisdiction of the Siletz Tribal Court: Siletz Court of Appeals.

(a) Subject Matter Jurisdiction. The Siletz Court of Appeals shall have jurisdiction to review any final decision of the Siletz Community Law Court, the Siletz District Court, or the Siletz Gaming Court. These courts may certify interlocutory rulings to the Court of Appeals, which shall have discretion as to whether to assume jurisdiction over such rulings. In no other case shall the Court of Appeals assume jurisdiction over a case before a final decision of the lower court has been issued.

(b) Scope of Review. Jurisdiction of the Court of Appeals shall be limited to review of questions of law, in which case the Court of Appeals shall review the issue de novo. Rulings on questions of fact by the lower courts shall be accorded deference by the Court of Appeals, and shall be disturbed only if no substantial basis exists for the lower court's ruling and no reasonable grounds exist under which the lower court could have decided the factual question as it did. The Court of Appeals may affirm, reverse, remand, or otherwise modify in whole or in part a decision of the lower courts.

§ 3.07 Jurisdiction of the Siletz Tribal Court: Siletz Gaming Court.

(a) Subject Matter Jurisdiction. The Siletz Gaming Court shall have jurisdiction over claims by patrons of Chinook Winds Casino involving payment or non-payment of prizes from gaming activities conducted therein. The jurisdiction of the Siletz Gaming Court shall be limited to those cases in which a final decision has been rendered by the General Manager of the Casino, and the patron is dissatisfied with that decision.

(b) Rules of Procedure. The Chief judge shall establish rules of procedure for the Siletz Gaming Court, subject to approval of the Tribal Council, which will expedite the dispute process and which shall protect the due process rights of Casino patrons. In the absence of such rules, the Tribal Court Rules shall apply. The Tribal Council may by resolution designate the Siletz District Court to sit in appropriate cases as the Siletz Gaming Court in lieu of establishing a separate Gaming Court.

§ 3.08 TIME FOR FILING

(a) Civil actions to review Tribal Council action, or other Tribal action, shall be presented to the Court Clerk in writing not more than sixty (60) days after an action of the Tribal Council, or Tribal Officials as specified in the Tribal code, is alleged to have violated the Plaintiff's right or rights or not more than sixty (60) days after the alleged harm first manifested itself if such harm was not apparent on the date of the Tribal Councils, or other Official's action.

(b) All other Civil Actions shall be brought within two (2) years after the cause of action accrues, and not afterwards.

(c) This section does not limit the scope of the Tribal Courts civil jurisdiction in any way. When jurisdiction is vested in the Tribal Court, it shall extend to all cases in law or equity, and all means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding is not specified in this Code, any suitable process or mode of proceeding may be adopted that appears most conformable to the spirit of Siletz Tribal Law.

Part II - Court Personnel

§ 3.09 JUDICIAL OFFICERS.

The Siletz Tribal Court shall consist of a Chief Judge and such Associate Judges as the Tribal Council shall from time-to-time determine are necessary for efficient operation of the Tribal Court. Associate Judges shall include judges of the Siletz Community Law Court, Siletz District Court, Siletz Court of Appeals, Siletz Gaming Court, and any other branch or division of the Siletz Tribal Court which is hereafter established by the Tribal Council. A panel of mediators shall be established by the Chief Judge for appropriate branches or divisions of the Tribal Court. Mediators shall not be Associate Judges and shall serve under the direction and authority of the Chief Judge or an Associate Judge.

§ 3.10 CHIEF JUDGE.

(a) Scope of Duties. The Chief Judge shall be the chief judicial officer of the Siletz Tribe and the head of the Siletz Tribal Court. The Chief Judge shall administer the Tribal Court, including but not limited to responsibility for performing all judicial and court functions of the Tribal Court, provided, that the Chief Judge may delegate his or her administrative authority to an Associate Judge or other appropriate person upon budgetary approval by appropriate tribal officials. The Chief Judge may serve as Presiding Judge of the Siletz District Court, Siletz Gaming Court, or Siletz Court of Appeals, as appropriate.

(b) Qualifications. The Chief Judge must be at least twenty-five years of age and a graduate of an accredited law school, and a preference shall be accorded to persons who are licensed to practice law before a tribal, state or federal court. The Chief Judge shall be appointed by the Tribal Council and shall be subject to other appropriate qualifications, which may require passage of a written examination on tribal law, federal Indian law and other legal subjects as appropriate. Such qualifications shall be established by resolution of the Tribal Council. The Chief Judge shall be subject to mandatory continuing legal education requirements which may be established from time-to-time by the Tribal Council.

(c) Term of Office. Pursuant to Article IV, Section 2 of the Siletz Constitution, the Chief Judge shall be appointed by the Tribal Council for a period of not less than four years. Compensation for the position of Chief Judge shall be set by the Tribal Council and shall not be reduced during the term of office of a judge.

(d) Acting Chief Judge. During periods of temporary absence, the Chief Judge may designate an Associate Judge to perform the duties and exercise the powers of the Chief Judge. The Chief Judge shall notify the Tribal Council and post notice of such designation. If the Chief Judge is unable or unwilling to perform the duties of his or her office for any reason, on a temporary or permanent basis, the Tribal Council shall designate an Acting Chief Judge from qualified candidates to perform the duties and exercise the powers of Chief Judge and assume his or her judicial authority.

§ 3.11 ASSOCIATE JUDGE: SILETZ DISTRICT COURT.

(a) Qualifications. Associate judges of the Siletz District Court must be a graduate of an accredited law school. Associate judges must be of good moral character, never have been convicted of a felony, be in good standing in any legal organization in which they are a member or are required to be a member, and shall be subject to such other qualifications as may be established from time-to-time by resolution of the Tribal Council, including but not limited to passage of a written examination testing knowledge of tribal law, federal Indian law and other relevant subjects as appropriate. Associate judges shall be subject to mandatory continuing legal education requirements as may be established by the Tribal Council.

(b) Term of Office. Pursuant to Article IV, Section 2 of the Siletz Constitution, Associate Judges shall be appointed by the Tribal Council for a period of not less than two years. Compensation for the position of Associate Judge shall be set by the Tribal Council, and shall not be reduced during the judge's term of office. Associate judges may be reappointed at the discretion of the Tribal Council.

(c) Scope of Duties. Associate judges shall preside in specific cases as assigned by the Chief Judge, in which case the Associate Judge shall exercise full judicial authority of the Siletz District Court in such proceeding. The Chief Judge may designate an Associate Judge to serve as Chief Associate Judge of the Siletz District Court and delegate authority to that judge to assign judges to specific cases filed in the Siletz District Court.

§ 3.12 ASSOCIATE JUDGE: SILETZ COMMUNITY LAW COURT.

(a) Qualifications. Associate Judges of the Siletz Community Law Court must be an enrolled tribal member over the age of eighteen, of good moral character, and have never been convicted of a felony. Associate judges of the Siletz Community Law Court may be subject to other qualifications as the Tribal Council may establish from time-to-time by Resolution, including but not limited to passage of a written examination testing knowledge of tribal law, federal Indian law and other relevant subjects as appropriate. Associate judges shall be subject to mandatory continuing legal education requirements as may be established by the Tribal Council.

(b) Term of Office. Pursuant to Article IV, Section 2 of the Siletz Constitution, Associate Judges shall be appointed by the Tribal Council for a period of not less than two years. Compensation for the position of Associate Judge shall be set by the Tribal Council, and shall not be reduced during the judge's term of office. Associate judges may be reappointed at the discretion of the Tribal Council.

(c) Scope of Duties. Associate judges shall preside in specific cases as assigned by the Chief Judge, in which case the Associate Judge shall exercise full judicial authority of the Siletz Community Law Court in such proceeding. The Chief Judge may designate an Associate Judge to serve as Chief Associate Judge of the Siletz Community Law Court and delegate authority to that judge to assign judges to specific cases filed in the Siletz Community Law Court.

§ 3.13 ASSOCIATE JUDGE: SILETZ COURT OF APPEALS.

(a) Qualifications. Associate judges of the Siletz Court of Appeals must be a graduate of an accredited law school, and licensed to practice law in good standing in the bar of a tribal, state or federal court. Associate judges must be of good moral character, never have been convicted of a felony, be in good standing in any legal organization in which they are a member or are required to be a member, and shall be subject to such other qualifications as may be established from time-to-time by resolution of the Tribal Council, including but not limited to passage of a written examination testing knowledge of tribal law, federal Indian law and other relevant subjects as appropriate. Associate judges shall be subject to mandatory continuing legal education requirements as may be established by the Tribal Council.

(b) Term of Office. Pursuant to Article IV, Section 2 of the Siletz Constitution, Associate Judges shall be appointed by the Tribal Council for a period of not less than two years. Compensation for the position of Associate Judge shall be set by the Tribal Council, and shall not be reduced during the judge's term of office. Associate judges may be reappointed at the discretion of the Tribal Council.

(c) Scope of Duties. Associate judges shall preside in specific appellate cases as assigned by the Chief Judge, in which case the Associate Judges assigned shall exercise full judicial authority of the Siletz Court of Appeals in such proceeding. Associate Judges of the Siletz Court of Appeals shall sit in each case in a panel of three judges. The Chief Judge shall designate an Associate Judge to serve as Presiding Associate Judge of the Siletz Court of Appeals in each appellate case. The Chief Judge shall retain authority to assign Associate Judges to appellate panels.

§ 3.14 ASSOCIATE JUDGE; SILETZ GAMING COURT.

Associate judges of the Siletz Gaming Court shall have the same qualifications, terms of office, and general scope of duties as Associate Judges of the Siletz Tribal Court set out in § 3.10 of this Ordinance. The Tribal Council may by Resolution require that Associate Judges who preside at cases subject to the jurisdiction of the Siletz Gaming Court be non-Indian or non-tribal members.

§ 3.15 PRO-TEM JUDGES.

The Chief Judge may by written order appoint a judge other than an Associate Judge to preside as a pro-tem judge on a specific case before the Siletz Tribal Court. Any such judge shall otherwise meet the qualifications for Associate Judge of the branch or division of the Siletz Tribal Court in which said judge will preside, and shall be licensed or otherwise authorized to preside as judge in another tribal court or by a recognized inter-tribal court system. Compensation for pro-tem judges shall be set by the Chief Judge, subject to approval of the Tribal Council. A pro tem judge may be appointed in any case in which all Associate Judges of that branch or division of the Siletz Tribal Court have been disqualified or are otherwise unable to preside, or when the Chief Judge determines in writing that such appointment is necessary in that case for the prompt or orderly administration of justice or for good cause pursuant to the Siletz Constitution or the Indian Civil Rights Act.

§ 3.16 MEDIATORS.

(a) Qualifications. Associate Judges shall not serve as mediators in any case. The Chief Judge shall appoint separate panels of mediators for the Siletz District Court and for the Siletz Community Law Court. Mediators selected for each branch or division of the Siletz Tribal Court shall otherwise meet the qualifications for appointment as an Associate Judge of that branch or division, provided, that the Chief Judge may establish other qualifications for mediators for any branch or division of the Siletz Tribal Court by rule, which shall be effective upon approval of the Siletz Tribal Council.

(b) Duties. Mediators shall be assigned to appropriate cases by the Chief Judge of the division or branch of the Siletz Tribal Court. The assigned mediator shall meet with the parties in the case and shall attempt to reach an agreed resolution to the case. Resolution shall be expressed in writing and shall be approved by the Chief Judge or delegated Associate Judge. Such approval shall not be unreasonably withheld.

(c) Term of Office. Mediators shall be appointed for a period of time established by the Tribal Council. Mediators shall be compensated at a rate determined by the Tribal Council.

§ 3.17 REMOVAL OF THE CHIEF JUDGE & ASSOCIATE JUDGES

During the tenure of their appointment, the Chief Judge or Associate Judges may be suspended or dismissed only for cause by the Tribal Council upon due notice and an opportunity for a hearing open to tribal members. The judge whose suspension or dismissal is being considered shall be given written notice of the hearing, a copy of the Tribal Council Resolution authorizing the suspension or dismissal hearing, and a statement of the reasons supporting suspension or dismissal. The hearing shall be scheduled at least ten (10) days after written notice of the hearing is sent by certified mail to the last known address of the judge whose suspension or dismissal is being considered, with a copy to the Tribal Court, to the attention of the specific judge. The suspension or dismissal hearing shall be conducted by the Chairman of the Tribal Council, as presiding officer. In his or her absence, the Vice-Chairman or other presiding Tribal Council member shall conduct the hearing. The case for suspension or dismissal shall be presented by the Tribal Attorney. The presiding officer shall have broad latitude in the conduct of the hearing, including the presentation of witnesses, the allowance of evidence, and the conduct of the parties. Tribal Court Rules of Procedure shall not apply to the hearing, except as specifically adopted by the presiding officer at the commencement of the hearing. The judge whose suspension or dismissal is being considered may be represented by counsel, at his or her own expense. The Tribal Council may refer to State or Federal Rules or Canons of Judicial Conduct to define good cause in the suspension or dismissal hearing. The Tribal Council shall consider its decision in executive session, and shall make its decision by Resolution. The decision of the Tribal council shall be made in writing, and shall contain a statement of reasons supporting the decision. The decision shall be sent by certified mail to the judge whose Suspension or dismissal is at issue, with a copy to the Tribal Court to the attention of the specific judge. The decision of the Tribal Council regarding suspension or dismissal of the Chief Judge or an Associate Judge pursuant to Article I, §2 of the Siletz Constitution shall be final for the Tribe.

§ 3.18 COURT CLERK

The Tribal Court clerk shall be hired by the Chief Judge with advice and consent of the Tribal Council. The Court Clerk shall be responsible, at the chief Judge's direction, for the routine administration of the court. The Court Clerk must be qualified to accomplish the written and administrative tasks of the position. The Court Clerk shall collect and compile statistical and other data reflecting the state of the court's business and any need for judicial assistance. The Court Clerk shall make reports of the business transacted by the court as requested from time to time.

§ 3.19 LEGAL INTERNS

Qualified law students, law clerks and graduates of approved law schools may serve as defenders or advocates before the Tribal court. Legal Interns shall complete the testing and requirements of admission to the Tribal Bar prior to practicing before the Court or operate under the supervision of a person licensed to practice before the Court.

§ 3.20 COURT INTERPRETERS

The use of qualified interpreters is authorized in judicial proceeding involving hearing impaired and/or non English speaking individuals. All interpreters serving in a legal proceeding, whether certified or uncertified, shall abide by the following rules;

(a) An interpreter who violates any of the provisions of this section is subject to a citation for contempt, or any other sanction that may be imposed by law.

(b) An interpreter, like an officer of the court, shall maintain high standards of personal and professional conduct that promote public confidence in the administration of justice.

(c) An interpreter shall interpret Or translate the material thoroughly and precisely, adding or omitting nothing, and stating as nearly as possible, what has been stated in the language of the speaker, giving consideration to the variations of grammar and syntax for both languages involved.

(d) An interpreter shall use a level of communication that best conveys the meaning of the source, and shall not interject the interpreter's personal moods or attitudes.

(e) When an interpreter has any reservation about his or her ability to satisfy an assignment competently, the interpreter shall immediately convey that reservation to the parties and to the court. If the communication mode or language of the non-English speaking person cannot be readily interpreted, the interpreter shall notify the appointing authority or the court.

(f) No interpreter shall render services in any matter in any matter in which the interpreter is a potential witness, associate, friend or relative of a contending party unless a specific exception is allowed by the court for good cause noted on the record. Neither shall the interpreter serve in any matter in which the interpreter has an interest, financial or otherwise, in the outcome. Nor shall any interpreter serve in a matter where the interpreter has participated in the choice of counsel.

(g) Except in the interpreter's official capacity, no interpreter shall discuss, report or comment upon a matter in which the person serves as interpreter. Interpreters shall not disclose any communication that is privileged by law, without the written consent of the parties to the communication, or pursuant to court order.

(h) A language interpreter shall report immediately to the court any solicitation or effort by another to induce or encourage the interpreter to violate any law.

§ 3.21 TRIBAL BAR.

(a) Right to Representation. Any party may be represented at his or her expense by an attorney or spokesperson admitted to practice before the Siletz Tribal Court at any stage of the proceeding. The Tribal Council is authorized to utilize the tribal attorney to represent it or the Tribe in any matter before the Court. The Chief Judge has the authority to appoint counsel to assist any person appearing in Tribal Court if, in the discretion of the court, it is necessary to protect that person's criminal or civil rights. Such person must pay the fee of appointed counsel, unless the Court or the Tribal Council shall determine that funds are available to pay appointed counsel's fee. The determination to pay such fees shall be made on a case by case basis. Appointed counsel may be an attorney or other spokesperson who is a member of the Siletz Tribal Bar.

(b) Admission.

(1) The following classes of persons are eligible for admission to the Tribal Bar if otherwise qualified;

(a) Enrolled members of the Siletz Tribe;

(b) Other Indians resident or domiciled on the Siletz reservation;

(c) A licensed member of any other tribal or state bar association;

(2) To be admitted to the Siletz Tribal Bar, a person must;

(a) be at the time of admission and continue to be of good moral character, and

(b) pass a prescribed test, and

(c) sign and take the spokespersons oath, and

(d) be approved by the court, and pay the Tribal Court Bar admission fee.

(c) Tests. The admission test shall include, but is not limited to, demonstration of knowledge of the Siletz Constitution, Ordinances and Code, and Siletz Tribal policies and Court rules and procedures. The test will be devised and administered by the Chief Judge. The test may be written or oral, to be determined by the Chief Judge at the time of the test. Persons already admitted to the Tribal Court Bar shall not be required to complete such admission test.

(d) Fees. The admission fee to practice before Siletz Tribal Court is fifty ($50.00) dollars. The fee, or part of it, may be waived by the presiding judge if good cause is shown.

(e) Spokespersons Conduct Before Tribal Court. The Court may establish rules of conduct for the practice of spokespersons before the Tribal Court. In the absence of such rules, the Court may refer to State or Federal Rules of professional Conduct for attorneys as a guide to govern the conduct of spokespersons before the Court.

(f) Disbarment. Any member of the Tribal Bar who violates the Oath of Admittance to the Tribal Bar or the Rules of Conduct for Tribal Court shall be subject to disbarment. Any Judge may submit a written complaint against such person. The Chief Judge shall hold a hearing, at which the person may present a defense of his or her actions. If disbarred, any Tribal Bar admittance fees shall be refunded. The decision of the Chief Judge shall be final.

(g) Roster. The Clerk of the Court will maintain a roster of all persons admitted to practice before the Siletz Tribal Court, and maintain a file of their oaths.

PART II. - Explanation of Petition, Pre-hearing, Hearing, & Technicalities

§3.22 STARTING OF AN ACTION

(a) Commencement of Action. A civil action is commenced by the filing of a complaint and the serving of a copy of such and a summons on the defendant or defendants. The court shall have jurisdiction from such time as the complaint is filed with the Court Clerk.

(b) Service of Process. Service of process shall consist of delivering to the party served, a copy of the complaint along with the summons which advises the defendant that they are required to respond to the complaint within twenty (20) days or a default judgment granting the plaintiff all the relief requested will be entered against them.

(1) The return of service shall be endorsed with the name of the person serving the summons and the date, time, and place of service. The return of service shall be filed with the Court Clerk.

(2) Service may be made on a party by delivering the required papers to the party or upon some person of suitable age and discretion over 18 years of age at the party's home or principal place of business, or an officer, managing agent or employee, or partner of a non-individual party.

(3) Service by publication may be made only upon order of the court for good cause shown by publishing the contents of the summons and complaint in a local newspaper of general circulation at least once per week for four weeks and in addition by leaving an extra copy of the summons and complaint or paper with the court and mailing copies of such to the party.

(4) Service may be made by any law enforcement officer or other person, not a party, who is 18 years of age or older.

(5) Service upon a person otherwise subject to the jurisdiction of the Siletz Tribal Court may be made anywhere in the United States; otherwise, service shall be made within the territorial jurisdiction of the Court.

(6) If a person personally refuses to accept service, service shall be deemed perfected if the person is informed of the purpose of the service and offered copies of the papers served.

(7) All papers required to be filed shall be served as under this rule or, except for the summons and complaint, may be served upon the spokesman or attorney of a party. Service of all papers except the complaint may be made by mail, first class postage prepaid and properly addressed.

§ 3.23 TIME.

(a) Computation. In computing any period of time set forth herein, the day that the period is to commence shall not be counted and the last day of the period shall be counted; provided however, that any time period will count only regular business days, Monday through Friday, and will not include intermediate Saturdays, Sundays, or legal holidays. This section pertains to timeframes of ten days or less. If more than ten days, then all days shall be counted.

(b) Enlargement. The court for good cause shown may enlarge the prescribed period of time within which any required act may be done.

(c) Notice of Motions. Written motions and notice of hearing thereon, other than ones which may be heard ex parte, shall be served not later than seven (7) days prior to the time specified for hearing.

(d) Service By Mail. Whenever service is accomplished by mail, three (3) additional days shall be added to the prescribed period of time, but such addition shall not cause Saturdays, Sundays, or legal holidays to be counted in the time period.

§ 3.24 PLEADINGS, MOTIONS AND ORDERS

(a) Pleadings. There shall be a complaint and an answer; and/or a responsive pleading. A responsive pleading shall be allowed whenever by cross claim, counterclaim or otherwise, a party is first claimed against unless the court shall otherwise order.

(b) Amendments. The Court may, in its sole discretion, grant to the Parties reasonable time, not to exceed ten (10) days, within which a Complaint, answer and/or response thereto can be amended.

(c) Responsive Pleadings. A Defendant shall have twenty (20) days from the date a Summons and Complaint is served upon them to file a responsive pleading. If the Complaint is amended, the Defendant shall have fifteen (15) days from the date the amended Complaint is received to file their response. The responsive pleading shall fully respond to the allegations in the complaint and set forth any grounds that show why the Complaint has not set out a triable issue A response may be supported by affidavits. Copies of the response shall be served on the Plaintiff and filed with the Court Clerk.

(d) Preliminary Review. The Chief Judge shall review the Complaint and response to determine if sufficient facts have been alleged to create a triable issue. If no triable issue is alleged, the Petition shall be dismissed.

(e) Pretrial Conference.

(1) A pretrial conference as provided herein may be held in all civil cases once the case is at issue.

(2) The Chief Judge by order, or on the motion of any party, may at his or her discretion direct counsel for the parties and/or the parties to appear before the court for a pretrial conference in civil cases to consider:

(A) the simplification of the issues;

(B) the necessity or desirability for amendments to the pleadings;

(C) possibility for admissions of fact and of documents that will avoid unnecessary proof;

(D) the limitation of the number of expert witnesses; and

(E) such other matters as may aid in the disposition of the action.

(F) There shall be no record or transcript made of the proceeding of the pretrial conference nor shall any statement made therein by any person be used for any purpose should the case ultimately come to trial. If agreement is reached on some or all of the issues presented in the case, such agreement shall be recorded by the Judge conducting the pretrial conference or the Court Clerk at the Chief Judge's direction, and may be embodied in a final or interlocutory order or judgment or in a pretrial order prepared to govern the conduct of any trial subsequently held,

(4) Pretrial conferences as provided herein shall not be open to the public nor shall spokespersons be allowed to attend as representatives of the parties unless the parties themselves are present.

(f) Settlement Conference.

(1) The Chief Judge will determine if one or more settlement conferences are appropriate in each civil action. The clerk of the court will notify each party if a settlement conference is to be held. The notice will specify the date, time, and place of the conference; the name of the judge or judge pro tempore who will conduct the conference; and whether the parties are required to attend the conference.

(2) The Judge conducting the settlement conference shall listen to the positions of the parties and attempt to work out a settlement of all or some of the issues of the case. Those in attendance should be ready to seriously consider the possibility of settlement and other matters which may promote the fair and prompt disposition of the case.

(3) If the parties agree to settle the case, to limit the issues, or to other matters to promote the prompt and fair disposition of the case, the settlement Judge may issue an order consistent with the agreement of the parties. Such agreement shall be reduced to writing and signed by the parties thereto. If the settlement order fully settles the case the Court Clerk will immediately issue the mandate to the Trial Court with directions to enter judgment as indicated in the order.

(g) If the parties cannot settle the matter, the Chief Judge shall set the issues for trial before a Judge who did not hear the settlement conference.

(h) Nothing said in the settlement conference shall be admissible in a subsequent hearing except written agreements and orders. No order shall be entered by the Judge unless both sides to the complaint voluntarily agree, at the time of the settlement conference.

§ 3.25 MOTIONS AND ORDERS

(a) Motions. An application to the court for an order shall be by motion and shall be in writing, unless made orally during a hearing or trial, and shall set forth the relief or order sought and the grounds therefor stated with particularity. A motion and notice thereof may be set forth together.

(b) Pretrial Motions. From the time an action is commenced, the Tribal Court acquires jurisdiction for all purposes, including the power to control its own calendar and records. The Tribal Judge, at any time or place, on such notice if any as he or she may consider reasonable may make orders for the advancement, conduct, and hearing of actions.

(c) Orders. An order includes every direction of the court whether included in a judgment or not, and may be made with or without notice to adverse parties and may be vacated or modified with or without notice.

(d) Hearings on Motions and Orders. A motion or hearing on an order shall be automatically continued if the judge before whom it was to be heard is unable to hear it on the day specified and no other judge is available to hear it.

§ 3.26 GENERAL RULES OF PLEADING

(a) General Content of Claims and Defenses. Claims and defenses shall be simply, concisely, and directly stated, but may be stated in the alternative form, on one or several counts or defenses, need not be consistent with one another, and may be based on legal or equitable grounds or both.

(b) Defenses and Denials. A party shall state in plain concise terms the grounds upon which he/she bases their defense to claims pleaded against him/her, and shall admit or deny the claims and statements upon which the adverse party relies. If he/she is without information or knowledge regarding a statement or claim, he/she shall so state and such shall be deemed to be a denial. Denials shall fairly meet the substance of the claims or statements denied and may be made as to specified parts but not all of a claim, statement, or averment. A general denial shall not be made unless the part could in good faith deny each and every claim covered thereby. A claim to which a responsive pleading is required, except for amount of damages, shall be deemed admitted unless denied if no responsive pleading is allowed the claims of the adverse party shall be deemed denied.

(c) Affirmative Defenses. Matters constituting an affirmative defense or avoidance shall be affirmatively set forth. When a party has mistakenly designated a defense as a counter-claim or vice versa, the court may treat the pleading as if it had been properly designated if justice so requires.

(d) Construction of Pleadings. All pleadings shall be construed so as to do substantial justice.

§ 3.27 FORM OF PLEADINGS

(a) Caption. Every pleading shall contain a caption heading, the name of the court, the title of the action, the court file number (if known) and a designation as to what kind of pleading it is. All pleadings shall con-tam the names of the parties, except the name of the first party on each side may be used on pleadings other than the complaint.

(b) Exhibits; Adoption by Reference. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of a written instrument which is an exhibit to a pleading is a part thereof for all purposes.

§ 3.28 DEFENSES AND OBJECTION

(a) When Presented. A defendant or other party against whom a claim has been made for affirmative relief shall have twenty (20) days from the date of service upon him to answer or respond to the claim.

(b) Motions. Motions to dismiss or make the opposing party's pleadings more definite may be made before answering a claim and a response will not be due until ten (10) days after the disposition of the motion by the Court.

§ 3.29 COUNTERCLAIM OR CROSSCLAIM

(a) Counterclaim. A party against whom a claim is made may assert in his answer any claims he/she has against the party claiming against him/her and both claims shall be resolved at trial.

(b) Crossclaim. A party against who a claim is made may assert any claim he/she has against a co-party and have such claim resolved at trial.

(c) Third Party Claim. A party against whom a claim is made may complain against a third party who is or may be liable for payment or performance of the claim of the opposing party and have such complaint resolved at trial.

§ 3.30 AMENDMENT OF PLEADINGS

(a) Amendment Before Trial. A party may amend his pleadings once before the opposing party has replied or if no reply is required, not less than twenty (20) days before the case is scheduled for trial. The opposing party may respond, if appropriate, and the trial date be delayed if necessary. Other amendments shall be allowed only upon motion and order of the Court.

(i) At Trial. When issues or evidence not raised in the pleadings are heard at trial, the Judgment may conform to such issues or evidence without the necessity of amending the pleadings.

§ 3.31 PARTIES

(a) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest, except a personal representative or other person in a fiduciary position can sue in his own name without Joining the party for whose benefit the action is maintained.

(b) Guardian Ad Litem. When an infant, insane, incapable or incompetent person who has not had a general guardian appointed is a party, the Court shall appoint a guardian ad litem to represent such person in the suit or action.

(c) Class Actions.

(1) If the allegations in the Complaint indicate that several persons were affected similarly by the alleged actions of the Defendant, the review shall be treated as a class action and the Court Clerk shall notify all potential parties of the pending review and an opportunity to argue that class action is not appropriate. The relief, if any, awarded by the Court shall apply to all such parties not expressing to the Court, in writing, prior to the rendering of a decision, a desire not to participate in the proceeding. Persons electing not to participate in the proceeding are bound by the judgment therein but they may request alternative relief which may be considered by the Court.

(2) The parent or parents or guardian of any minor child who has a right of action under this code may bring an action on behalf of such minor and shall be deemed the plaintiff for the purposes of these procedures.

(d) Joinder of Parties. To the greatest extent possible given the limited jurisdiction of the Siletz Tribal Court, all persons or parties interested in a particular action may be joined in the action, but failure to join a party over whom the Court lacks jurisdiction will not require dismissal of the action unless it would be impossible to reach a just result without such party; otherwise, the failure to join a party may be taken into account to assure that justice is done.

§ 3.32 DISCOVERY

(a) Interrogatories. A party may submit written interrogatories to any other party who shall answer them in writing, under oath, within thirty (30) days of receipt of same.

(b) Depositions. A party may take oral deposition of an adverse party or non-party witness under oath upon not less than ten (10)days written notice, specifying the time and place on the reservation where such will occur.

(c) Production, Entry, or Inspection. A party may request another party to produce any documents or things in his custody or possession for inspection or copying or request permission to enter and inspect property reasonably related to the case, and the opposing party shall within twenty (20) days reply as to whether or not such will be allowed and if not, why not.

(d) Extent of Discovery. Parties may obtain discovery regarding any matter not privileged, which is relevant to the pending action, whether or not such would be admissible at trial, if such appears reasonably calculated to lead to the discovery of admissible evidence; except that discovery may not be had of the work product of a party's spokesman or attorney.

(e) Protective Order. A party against whom discovery is sought may move the Court for a protective order to prevent undue annoyance, harassment, embarrassment, oppression, or undue burden or expense, and the court may order that the discovery cease or proceed only upon specified conditions.

(f) Failure to Make Discovery. If a party fails to respond or appear for discovery as provided in this rule, the opposing party may move for an order to compel the defaulting party to perform and the court may award costs to the non-defaulting party. If a Party fails to perform after being ordered to do so by the Court, the Court may, upon motion, order that a certain fact, claim, or defense be deemed established or strike part of a claim or defense, or dismiss or render a judgment by default against the non-complying party in an aggravated case.

(g) Use of Discovery. Answers to interrogatories and depositions may be used in a motion, hearing or at trial to impeach or contradict the testimony of the person discovered, or by an adverse party for any purpose.

§ 3.33 POSTPONEMENT

Upon motion of a party, the court may in its discretion, and upon such terms as it deems just, postpone a trial or proceeding upon good cause shown.

§ 3.34 CONSOLIDATION; SEPARATE TRIALS

(a) Consolidation. The court may, upon motion of any party or its own motion, order some or all of the issues of separate actions tried together when there is a common issue of fact or law relating the actions or if such will tend to avoid unnecessary cost or delay.

(b) Separate Trials. The court may, to avoid prejudice or in furtherance of convenience, order a separate trial of a claim or issue.

§ 3.35 EVIDENCE

(a) Form and Admissibility. At all hearings and trials, the testimony of witnesses shall be taken orally under oath, unless otherwise provided in these rules.

(b) Examination and Cross Examination.

(1) party may use leading questions against an adverse party Or hostile witness or whenever such appears reasonably necessary to elicit testimony from witnesses of tender years or poor ability to communicate.

(2) A party may call any person to be a witness and examine any witness so called on any matter relevant to the action unless a privilege applies. A party may impeach his own witness.

(3) Cross examination shall be limited to the general scope of direct examination, provided, however, that full examination of all witnesses shall be allowed on direct or cross examination to assure complete development of all relevant facts.

(c) Physical Evidence. Written documents and other physical evidence shall be received upon being identified, authenticated, and no privilege and a showing of relevance to the action.

(d) Official Documents. Official documents or an official law, record or copy thereof may be admitted into evidence upon the testimony of an official having custody or official knowledge thereof or without such testimony if the document or record or copy thereof is accompanied by a certificate identifying such thing and stating that it is a true and correct representation of what it purports to be, or if other sufficient indicia of reliability and official, such as a seal of the government, appear on the document.

(e) Record of Excluded Evidence. In an action tried to a jury, excluded evidence, may upon request, be included in the record for purposes of appeal, and excluded oral testimony shall be put into evidence by means of an offer of proof made out of the hearing of the jury. In an action tried only to the court, the judge may receive such excluded testimony into the record.

§ 3.36 SUBPOENAS

(a) Issuance. Subpoenas for attendance of witnesses or production of documents or things shall be issued and served by a Tribal law enforcement officer, or any person over 18 years of age authorized by the Court, when a summons or other civil process is served by one other than a law enforcement officer, the certificate of service shall include the name, telephone number, and address of the person who served the summons or process.

(b) Failure to Appear. A person who has been properly served with a subpoena and fails to appear or produce documents or things may be deemed in contempt of court and/or the Court may order his arrest for the offense of Failure to Obey a Lawful Order of the Court.

(c) Subpoena Unnecessary. A person present in court, Or before a judicial officer, may be required to testify in the same manner as if he/she were in attendance upon a subpoena.

§ 3.37 HEARING ON THE MERITS

Within three (3) working days of a determination by the Chief Judge that a triable issue is alleged, the Clerk shall notify the Plaintiff and the Defendant in writing of the date the hearing will be held. Copies of such notice shall be sent to the Tribal Chairman in actions involving the Tribal Council, Tribal Officer, or Employer, or cases in which action taken by the Tribe are at issue. Unless an expedited hearing is granted or other good cause is shown by a party, or by order of the court, the hearing will be held not less than ten (10) days or more than thirty (30) days from the date of such notice. The parties shall be notified of the date, dine and place of the hearing, the right to present oral and/or physical evidence, the right to be represented by counsel at their own expense, and the right to utilize the Court's authority to compel the appearance of witnesses and tangible documents. Notice of the hearing shall be posted in all tribal area offices.

§ 3.38 PRESIDING JUDGE

Hearings will be held before the Chief Judge. If the Chief Judge has a conflict of interest, or cannot hear the case for good cause, the Acting Chief Judge shall hear the case. If the Acting Chief Judge has a conflict of interest, or cannot hear the case for good cause, an Associate Judge or a Pro Tempore Judge shall be appointed by the Chief Judge to preside at the hearing on the merits. The Judge hearing the case shall be termed the Presiding Judge, and he or she shall exercise all duties of the Chief Judge. A party shall be entitled to challenge a Judge for cause and upon a showing of bias or prejudice by the challenging party, such Judge shall not hear the case.

§ 3.39 CONDUCT OF THE HEARING ON THE MERITS

The cases for each party shall be presented in three phases;

(a) Opening statements

(b) Evidence

(c) Closing arguments

The Plaintiff shall be first to present each phase of the case. Unless additional time is granted by the Presiding Judge, each party shall have twenty (20) minutes to present the opening statement, and twenty (20) minutes to present the closing arguments. The Plaintiff may reserve a portion of time from the closing argument to present rebuttal to the closing argument of the defendant.

§ 3.40 BURDEN OF PROOF

Unless otherwise provided by Tribal Law, the Plaintiff shall have the burden of proving his or her case by a preponderance of the evidence. This means that the trier of fact must be persuaded, considering all the evidence in the case, that the proposition on which a party has the burden of proof is more probably true than not true.

§ 3.41 RULES OF EVIDENCE

Evidence presented must be relevant to the issue in dispute, i.e~, it must tend to prove or disprove a matter in issue. A witness, including a Party, may testify as to a statement made by a person not before the Court if the witness heard the statement when it was uttered by the person alleged to have made the statement. The Court may inquire into the circumstances surrounding the failure of the party offering the statements to present the actual speaker and such circumstances may be considered in determining the credibility of the evidence whenever practical, documents presented as evidence are to be originals, if the existence of the document itself is a issue. All issues regarding the admissibility shall be decided by the Presiding Judge, who shall have discretion to exclude any evidence for good cause.

§ 3.42 PRIVILEGED COMMUNICATIONS

Specific Privileges

(a) Attorney - Client Privilege

(1) An attorney or other spokesperson shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her or his or her advice given thereon in the course of professional employment.

(2) The privilege can only be asserted by the client as the holder of the privilege.

(b) Psychologist - Client Privilege

(1) The confidential communication between a client and a psychologist shall be privileged against compulsory disclosure.

(2) Any person reporting or testifying in a judicial proceeding concerning alleged child abuse or neglect shall be immune from liability.

(c) Physician - Patient Privilege

(1) A physician or surgeon shall not, without the patients consent, be examined in a civil action, or criminal proceeding, as to information acquired in attending the patient which was necessary to enable the physician or surgeon to prescribe or act for the patient. It must be demonstrated that the patient claiming the privilege consulted the physician or surgeon for treatment, diagnosis, or medical advice. The privilege does not extend to physicians consulted for purposes of litigation.

(2) The patient is the holder of the privilege which may only be waived by the patient.

(d) Priest - Penitent Privilege

(1) A clergyman or priest shall not be examined as to any confession made to the clergyman or priest in professional character in the course of discipline of his or her church without the consent of the person making the confession.

(2) The clergyman, as well as the penitent, is considered to be the holder of the privilege.

(a) An exception to the priest - penitent privilege grants immunity from liability for reporting or testifying concerning child neglect or abuse.

(e) Marital Privilege. Marital privilege consists of two types of privileges; testimonial privilege and confidential communications privilege.

(1) As long as there is a valid marriage existing at the time a spouse is to be examined or against the other spouse, the testimonial privilege applies.

(2) The husband - wife testimonial privilege does not apply to persons engaged in other, quasi-marital relationships.

(3) Confidential communications privilege provides that neither husband nor wife shall be examined as to any communication made by one to the other during the marriage without the consent of the other.

(4) The confidential communications privilege survives the marriage. The only requirement is that the communication was made during the existence of a valid marriage.

(5) The confidential communications privilege is held only by the communicating spouse, who may waive the privilege; a spouse to whom the communication is directed has no privilege.

(6) The marital privileges shall not apply to civil actions or proceedings between spouses.

(7) The marital privileges do not apply in actions for non-support, or family desertion; and are inapplicable in domestic violence proceedings.

(f) Journalists Privilege

(1) This is a qualified privilege under the First Amendment for reporters and their employers against compulsory disclosure of confidential news sources in civil actions.

(2) The journalist privilege may not be invoked unless the following 4 factors are shown;

(A) the communication must originate in a confidence that it will not be disclosed;

(B) the element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties;

(C) the relation must be one which in the opinion of the community ought to be uncompromisingly fostered; and

(D) the injury that would inure to the relation of the disclosure of the communication must be greater than the benefit thereby gained for the correct disposal of litigation, the journalist privilege the following must be shown;

(3) to defeat the journalist privilege the following must be shown;

(A) the claim must be meritorious;

(B) the information sought must be necessary and critical to the claim; and

(C) a reasonable effort must be made to acquire the information by other means.

(g) Privilege Against Self-Incrimination

(1) The privilege against self-incrimination nay be invoked in a civil proceeding.

(2) In a civil case it is possible for unfavorable inferences to be drawn when the privilege against self-incrimination is invoked.

(h) Public Officers Privilege

(1) Is a conditional privilege for public officers providing that a public officer shall not be examined as a witness to communications made to him in official confidence when the tribe's interest would suffer by the disclosure.

(2) In determining whether the tribe's interest would suffer from disclosure of communications made to a public officer in confidence, the Court must balance the potential harm to the tribe against the right of the litigant to adequately prepare his or her case. The judicial controls imposed on the dissemination of the information confidentially communicated should also be considered in the balancing process.

(3) Matters discussed in executive session of the Tribal Council, and other matters protected by tribal or federal law shall not be disclosed.

§ 3.43 CONTINUANCES At any stage of the proceeding, the Court may grant a reasonable continuance upon its own motion or upon a request of a party after a showing of good cause. The Court shall consider the objections of any party to a continuance.

§ 3.44 REMEDIES

In cases against the Tribal Council, if the petitioner meets the burden of is just and practical, the Court shall award the remedy sought to the extent possible. The Court shall award remedies that place the parties in the same position they would have occupied absent the wrongful act or acts committed. If such remedy is not practical, or does not fully compensate the prevailing plaintiff, the Court shall award a monetary judgment calculated to be fair compensation, not to exceed actual monetary loss to the plaintiff and in no case more than five thousand dollars ($5000.00). The Court may remand back to the Tribal Council for further action if the Council can avoid monetary loss to the Plaintiff. In appropriate cases, where the actions by the plaintiff warrant, the Court may order the Plaintiff to pay costs and attorney fees to a prevailing party. In all other cases, the remedy shall be prescribed by the ordinance under which the action is brought.

§ 3.45 MOTIONS FOR DIRECTED VERDICT AND ENDFIELD FOR A JUDGMENT NOT WITHSTANDING THE VERDICT

(a) Motion for Directed Verdict. A party who moves for a directed verdict at the close of the evidence offered by the opposing side may offer evidence as if no motion had been made in the event that the motion is denied. A motion for directed verdict shall state the grounds therefor and nay be granted by the court without the assent of the jury.

(b) Motion for Judgement Notwithstanding the Verdict. A party who has made a motion for a directed verdict at the close of all evidence, which motion has been denied or not granted, may, within ten (10) days after entry of judgment, move to have the verdict and any judgment entered thereon set aside and entered according to his motion for directed verdict; or if there has been verdict, the party may so move within ten (10) days after the jury has been discharged. A motion for a new trial may be made in the alternative. The court shall enter judgment or make any orders consistent with its decision on the motions.

§ 3.46 FINDINGS BY THE COURT

In cases tried without a jury, except cases where a party defaults, fails to appear or otherwise waives such, findings of fact and conclusions of law shall be made by the court in support of all final judgments. Upon its own motion or the notion of any party within ten (10)days of the entry of judgement, findings may be amended or added to and the judgment may be accordingly.

§ 3.47 JUDGMENT; COSTS

(a) Definition. A judgment includes any final order from which an appeal is available and no special form of judgment is required.

(b) Judgement on Multiple Claims. When more than one claim for relief is presented in an action however designated, a final judgment may be entered on less than all of such claims only upon the Court's specifically finding that such relief is justified. Absent such a finding, an order or decision will not terminate the action as to any of the claims until all claims are finally decided, nor will the appeal period commence to run.

(c) Demand for Judgement.

(1)Generally. Except in the case of a default judgment, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if such relief is not demanded in the pleadings. It may be given for or against one or more of several claimants; and it may, if justice so requires, determine the ultimate rights of the parties on each side as between or among themselves.

(2) Judgment By Default. A judgment by default shall not be different in kind from, or exceed in amount, that specifically prayed for in the demand for judgment in the Complaint.

(d) Costs. Unless the court shall otherwise direct, the court shall allow necessary costs and disbursements to the prevailing party or parties as a matter of course. Such prevailing party shall file with the court a verified memorandum which is a specific and detailed list of his costs and necessary disbursements within five (5) days of the entry judgment and serve a copy of such on the opposing party, and if such are not objected to within ten (10) days, they shall be deemed to be a part of and included in the judgment rendered. The appellate court may award costs in a like manner.

(e) Attorney's Fees. The court shall not award attorney's fees in a case unless such have been specifically provided for by a contract or agreement of the parties under dispute, or unless it reasonably appears that the case has been prosecuted for purposes of harassment only, or that there was no reasonable expectation of success on the part of the affirmatively claiming party.

(1) In any action in which the Siletz Tribe and/or any of its officers or employees are sued for a cause of action arising out of or in the course of, the performance of a tribal function or duty, or in any action, except by the Siletz Tribe, against the bond of any such officer or employee, if judgment shall be against the Plaintiff the Court may award a reasonable attorney's fee against such Plaintiff and in favor of the Defendant or Defendants.

§ 3.48 DEFAULT

(a) Entry of Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, his default may be entered by the Court Clerk and judgment by default granted. Once the default is entered no further notice to the defaulting party of any action taken or to be taken need be given.

(b) Judgment by Default. Judgment by default may be entered by the Court Clerk if a party's claim against the opposing party is for a sum of money, which is or can by computation, be made certain, and if the opposing party has been personally served within the jurisdiction of the court. Otherwise, judgment by default can be entered only by the court upon receipt of whatever evidence the court deems necessary to establish the claim. No judgment by default shall be entered against the Siletz Tribe.

(c) Setting Aside Default. The court may, for good cause shown, set aside either a default or a default judgment.

§ 3.49 DECLARATORY JUDGMENT

A declaratory judgment permits bringing a complaint for a declaration of rights if there is an actual controversy between the parties. The judgment is binding as to present and future rights of the parties to the action. It provides a remedy for the determination of a justifiable controversy where the plaintiff is in doubt as to his or her legal rights. It is a binding adjudication of the rights and status of the parties, even though no relief is awarded.

§ 3.50 SUMMARY JUDGMENT

Any time twenty (20) days after commencement of an action, any party may move the court for summary judgment as to any or all of the issues presented in the case and such shall be granted by the court if it appears that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Such motions, which shall be served not less than ten (10) days prior to the hearing on said motion, shall be supported by affidavits, discovery, or memoranda, all of which must be made available to opposing parties at least ten (10) days prior to the hearing.

§ 3.51 ENTRY OF JUDGMENT

(a) Judgement. Judgment upon verdict of a jury shall be signed by the Court Clerk and filed. All other judgments shall be signed by a judge and filed with the Court Clerk.

(m0) Effectiveness; Recordation. A judgment is complete and shall be deemed entered for all purposes when it is signed and filed as provided herein. The Court Clerk shall immediately make a notation of the judgment in the register of actions and the judgment docket.

(n0) Death of a Party. If a party dies after a verdict or decision upon any issue of fact and before judgment, judgment may nevertheless be entered thereon.

(o0) Satisfaction of Judgement. A judgment may be satisfied, in whole or in part, as to any or all of the judgment debtors by the owner thereof or his counsel of record executing under oath and filing an acknowledgment of satisfaction specifying the amount paid and whether such is a full or partial satisfaction. A judge may order the entry of satisfaction upon proof of payment and failure of the judgment creditor to file a satisfaction. The Court Clerk shall file all satisfactions of judgment and note the amount thereof in the register of actions and the judgment docket.

(p0 Effect of Satisfaction; Limitation. A judgment satisfied in whole, with such fact being entered in the judgment docket, shall cease to operate as such. A partially satisfied judgment or unsatisfied judgment shall continue in effect for eight (8) years or until satisfied. An action to renew the judgment remaining unsatisfied may be maintained anytime prior to the expiration of eight (8) years and will extend the period of limitations an additional eight years and may be thereafter further extended indefinitely by the same procedure.

§ 3.52 NEW TRIALS; AMENDMENTS OF JUDGMENT

(a) Grounds; Time. Any party may petition for a new trial on any or all of the issues presented by serving a motion not later than ten (10) days after the entry of judgment, for any of the following causes:

(1) error or irregularity which prevented any party from receiving a fair trial; or

(2) misconduct of the court; or

(3) accident or surprise, or newly discovered evidence which ordinary prudence could not have guarded against or produced at trial; or

(4) damages so excessive or inadequate that they appear to have been given under influence of passion or prejudice; or

(5) insufficiency of the evidence to justify the verdict or that it is contrary to the law; or

(6) error in law.

(b) Harmless Error. A new trial shall not be granted on the basis of error or irregularity which was harmless in that it did not affect substantial or other decision, justice.

(c) Support for Motion. Parties may include memoranda or affidavits in support of their motions to which reply memoranda and affidavits may be filed.

(d) Court Initiative. The court may, on its own initiative, not later than (10) days after entry of judgment, order a new trial on any grounds assertible by a party to the action, and affidavits may be filed.

(e) Motion to Alter or Amend Judgment. A motion to alter or amend a judgment shall be served not later than ten (10) days after entry of the judgment.

§ 3.53 HARMLESS ERROR

No error in either the admission or the exclusion of evidence, and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties, is grounds for granting a new trial or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding shall disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.

§ 3.54 STAY OF PROCEEDINGS TO ENFORCE A JUDGEMENT

(q0) Stay Upon Entry of Judgement. Proceedings to enforce a judgment may issue immediately upon the entry of the judgement, unless the court in its discretion and on such conditions for the security of the adverse party as are proper, otherwise directs.

(r0) Stay on Motion for New Trial or for Judgement. In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of, or any proceedings to enforce, a judgment pending the disposition of a motion for a new trial or to alter or amend a judgment or of a motion for relief from a judgment or order, or of a motion for judgment in accordance with a motion for relief from a judgment or order, or of a motion for judgment in accordance with a motion for a directed verdict, or of a motion for amendment to the findings or for additional findings.

(c) Injunction Pending Appeal. When an appeal is taken from an interlocutory or 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 conditions as it considers proper for the security of the rights of the adverse party.

(d) Stay Upon Appeal. When an appeal is taken the appellant by giving a bond in an amount set by the court may obtain a stay, unless such a stay is otherwise prohibited by law or these rules. The bond may be given at or within ten (10) days after the time of filing the notice of appeal. The stay is effective when the bond is approved and is received by the court.

(e) Stay in Favor of the Siletz Tribe, or Agency Thereof. When an appeal is taken by the Siletz Tribe, or an officer or agency of the Siletz Tribe, and the operation or enforcement of the judgment is stayed, no bond, obligation or other security shall be required from the appellant.

(f) Power of Appellate Court Not Limited. The provisions in this rule do not limit any powers of an appellate court or of a Judge or Justice thereof to stay proceedings during the pendency of an appeal Or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgement subsequently to be entered.

(g) Stay of Judgement Upon Multiple Claims. When a court has ordered a final judgment on some but not all of the claims presented in the action upon the courts specifically finding that such is justified. Absent such a finding, an order or decision will not terminate the action as to any of the claims until all claims are finally decided nor will the appeal period begin to run. The court may stay enforcement of that judgement until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.

§ 3.55 DISABILITY OR DISQUALIFICATION OF A JUDGE

(a) Disability. If by reason of death, sickness, or other disability, a judge before whom an action has been tried is unable to perform the duties to be performed by the court under these rules after a verdict is returned or findings of fact and conclusions of law are filed, then any other judge regularly sitting in or assigned to the court may perform those duties; but if such other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may, at his discretion, grant a new trial.

(b) Disqualification. Whenever a party to any action or proceedings, civil or criminal, or his attorney shall make and file an affidavit that the judge before whom such action or proceeding is to be tried or heard has a bias or prejudice, either against such party of his counsel or in favor of any opposite party to the suit, such judge shall proceed no further therein, except to call in another judge to hear and determine the matter. Every such affidavit shall state the facts and the reasons for the belief that such bias or prejudice exists, and shall be filed as soon as practicable after the case has