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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 2. Rules of Procedure
Part V. Discovery

Statement of Policy

Rule 20. Required Disclosures

Rule 21. Interrogatories

Rule 22. Depositions

Rule 23. Requests for Documents and Things

Rule 24. Answers to Discovery Requests

Rule 25. Protective Orders

Rule 26. Non-Compliance

Rule 27. Power to Compel

LLOjibwe JCT2 ROP Statement of Policy
Statement of Policy

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 (questions) depositions, and requests for the production of documents and things. It shall be 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. 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.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Statement of Policy, LLOjibwe JCT2 ROP Statement of Policy



LLOjibwe JCT2 ROP Rule 20
Rule 20. Required Disclosures

A. Disclosures.

Except to the extent otherwise stipulated or directed by order, a party shall 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, and copies of 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 for satisfaction of 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.

(5) 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 governmental body.

B. Time of Disclosure.

A party shall make the required disclosures within twenty (20) days of the mailing of the request for disclosure based on the information then reasonably available to it. A party shall not be 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.

C. Authority of Court to Compel.

The Court shall have 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.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 20, LLOjibwe JCT2 ROP Rule 20




LLOjibwe JCT2 ROP Rule 21
Rule 21. Interrogatories

A party may submit interrogatories (written questions) to other parties. The responding party must submit written answers, under oath, within twenty (20) calendar days of receiving them. The responding party must include facts he/she knows, facts available to him/her, and give opinions, if requested.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 21, LLOjibwe JCT2 ROP Rule 21




LLOjibwe JCT2 ROP Rule 22
Rule 22. Depositions

A party may take a deposition (testimony, under oath and recorded) of a deponent (another party or a witness) after giving at least ten (10) 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.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 22, LLOjibwe JCT2 ROP Rule 22




LLOjibwe JCT2 ROP Rule 23
Rule 23. 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 (20) calendar days of the date of receiving the request.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 23, LLOjibwe JCT2 ROP Rule 23




LLOjibwe JCT2 ROP Rule 24
Rule 24. Answers to Discovery Requests

Subject to applicable rules of evidence answers to discovery requests may be used in a motion or hearing for any purpose. At trial, answers to deposition questions or written interrogatories may be used if the deponent's testimony is unavailable, or to contradict or impeach the deponent, or for any purpose if the deponent is an adverse party. Answers to discovery requests shall be supplemented whenever the person responding discovers an answer was incorrect when made or is not true and amounts to a knowing concealment.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 24, LLOjibwe JCT2 ROP Rule 24




LLOjibwe JCT2 ROP Rule 25
Rule 25. Protective Orders

For good cause, the Court on its own motion or at the request of any party or witness, may make an order to protect a party or other person from undue annoyance, embarrassment, oppression or undue burden or expense.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 25, LLOjibwe JCT2 ROP Rule 25




LLOjibwe JCT2 ROP Rule 26
Rule 26. Non-Compliance

If a party fails to appear or respond as requested under these rules, a party may request and 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.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 26, LLOjibwe JCT2 ROP Rule 26




LLOjibwe JCT2 ROP Rule 27
Rule 27. 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.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 27, LLOjibwe JCT2 ROP Rule 27

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