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Absentee-Shawnee Tribe of Indians of Oklahoma

 


Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Civil Procedure
Chapter Five. Witnesses
Subchapter A. Testimony Under Privilege Against Prosecution


Section 501. Issue and Service of Subpoena for Witnesses

The clerk of the Court shall, on application of any party having a cause or any matter pending in the Court, issue a subpoena for a witness, under the seal of the Court. The clerk may issue separate subpoenas for each person, issue one subpoena carrying the names of all persons subpoenaed, or may at the request of any party, issue subpoenas in blank. A subpoena may be served by the Tribal or Bureau of Indian Affairs Police, or by the party, or any other person in the manner provided in Section 217. When a subpoena is not served by the Tribal or Bureau of Indian Affairs Police, proof of service shall be shown by affidavit; but no costs of service of the same shall be allowed, except when served by The Tribal Police, a licensed process server, Bureau of Indian Affairs Police, or a person serving by special appointment.

Absentee Shawnee Civil Procedure Section 501, AST CIV PRO Code Section 501



Section 502. Subpoenas--Contents

The subpoena shall be directed to the person therein named, requiring him to attend at a particular time and place to testify as a witness; and it may contain a clause directing the witness to bring with him any book, writing or other thing, under his control, which he is bound by law to produce as evidence.

Absentee Shawnee Civil Procedure Section 502, AST CIV PRO Code Section 502

Current through March 1, 2010



Section 503. Subpoena for Deposition

When the attendance of the witness before any officer authorized to take depositions, is required, the subpoena may be issued by such officer.

Absentee Shawnee Civil Procedure Section 503, AST CIV PRO Code Section 503



Section 504. Subpoena for Agency Hearings

When the attendance of the witness is required before any Tribal Agency authorized to issue a subpoena, the subpoena may be issued by any officer of the agency or by such person as may be authorized to issue subpoena by Agency rule.

Absentee Shawnee Civil Procedure Section 504, AST CIV PRO Code Section 504



Section 505. Witness May Demand Fees--Exception

A witness may demand his traveling fees and fee for one days attendance as shall be set by Court rule, when the subpoena is served upon him; and if the same be not paid, the witness shall not be obliged to obey the subpoena. The fact of such demand and non-payment shall be stated in the return, Provided, however, that witnesses subpoenaed by any Tribal department, board, commission or legislative committee authorized to issue subpoenas shall be paid their attendance and necessary travel, as provided by law for witnesses in other cases, at the time their testimony is concluded out of funds appropriated to such department, board, commission or legislative committee. In the case of subpoena issued by such Tribal agencies, the witness may not refuse to attend because fees and travel expenses were not paid in advance.

Absentee Shawnee Civil Procedure Section 505, AST CIV PRO Code Section 505



Section 506. Disobedience of Subpoena

Disobedience of a subpoena, or refusal to be sworn or to answer as a witness, when lawfully ordered, may be punished as a contempt of the Court or officer by whom his attendance or testimony is required.

Absentee Shawnee Civil Procedure Section 506, AST CIV PRO Code Section 506



Section 507. Attachment of Witness

When a witness fails to attend in obedience to a subpoena (except in case of a demand and failure to pay his fees), the Court or officer before whom his attendance is required may issue an attachment to the Chief of the Tribal Police or the Bureau of Indian Affairs Police or their deputy, commanding him to arrest and bring the person therein named before the Court or officer, at a time and place to be fixed in the attachment, to give his testimony and answer for the contempt. If the attachment be not for immediately bringing the witness before the Court or officer, a sum may be fixed not to exceed one hundred dollars ($100.00) in which the witness may give an undertaking, with surety, for his appearance; such sum shall be indorsed on the back of the attachment; and if no sum is so fixed and indorsed, it shall be one hundred dollars ($100.00). If the witness be not personally served, the Court may, by a rule, order him to show cause why an attachment should not issue against him.

Absentee Shawnee Civil Procedure Section 507, AST CIV PRO Code Section 507



Section 508. Punishment for Contempt

(a) The punishment for the contempt provided in Section 507 of this Title shall be as follows: When the witness fails to attend, in obedience to the subpoena, except in case of a demand and failure to pay his fees, the Court or officer may fine the witness in a sum not exceeding fifty dollars ($50.00). In case the witness attends but refuses to be sworn or to testify, the Court or officer may fine the witness in a sum not exceeding fifty dollars ($50.00), or may imprison him in the Tribal jail, there to remain until he shall submit to be sworn, testify, or give his deposition. The fine imposed by the Court or Tribal Agency shall be paid into the Tribal treasury, and that imposed by the officer at a deposition shall be for the use of the party for whom the witness was subpoenaed. The witness shall, also, be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, testify, or give his deposition.

(b) The punishment provided in this section shall not apply where the witness refuses to subscribe a deposition. The punishment provided in this section is civil in nature, and shall not be interpreted in any way as a criminal punishment, nor shall the punished person be deemed convicted of any criminal offense.

(c) When the witness purges his contempt, the Court, officer, or agency may suspend any punishment imposed.

Absentee Shawnee Civil Procedure Section 508, AST CIV PRO Code Section 508



Section 509. Discharge When Imprisonment Illegal

A witness so imprisoned by an officer before whom his deposition is being taken, or by a Tribal Agency Officer, may apply to a judge of the Tribal Court who shall have power to discharge him, if it appears that his imprisonment is illegal.

Absentee Shawnee Civil Procedure Section 509, AST CIV PRO Code Section 509



Section 510. Requisites of Attachment--Order of Commitment

Every attachment for the arrest, or order of commitment to jail of a witness by the Court or an officer, pursuant to this Chapter, must be under the seal of the Court or officer, if he have an official seal, and must specify, particularly, the cause of arrest or commitment; and if the commitment be for refusing to answer a question, such question must be stated in the order. Such order of commitment may be directed to the Tribal or Bureau of Indian Affairs Police, and shall be executed by committing him to the Tribal jail, and delivering a copy of the order to the jailor.

Absentee Shawnee Civil Procedure Section 510, AST CIV PRO Code Section 510



Section 511. Examination of Prisoner

A person confined in the Tribal jail may by order of the Tribal Court, be required to be produced for oral examination at a hearing, but in all other cases his examination must be by deposition.

Absentee Shawnee Civil Procedure Section 511, AST CIV PRO Code Section 511



Section 512. Prisoner's Custody During Examination

While a prisoner's deposition is being taken, he shall remain in the custody of the officer having him in charge who shall afford reasonable facilities for the taking of the deposition.

Absentee Shawnee Civil Procedure Section 512, AST CIV PRO Code Section 512



Section 513. Witness Privileged

A witness shall not be liable to be sued in the Tribal Court if he does not reside within the tribal jurisdiction by being served with a summons while going, returning, or attending in obedience to a subpoena.

Absentee Shawnee Civil Procedure Section 513, AST CIV PRO Code Section 513



Section 514. Witness May Demand Fees Each Day--Exception

At the commencement of each day after the first day, a witness may demand his fees for that days attendance in obedience to a subpoena; and if the same be not paid, he shall not be required to remain, except witnesses subpoenaed by any Tribal department, board, commission, or legislative committee or body authorized by law to issue subpoenas shall be paid for their attendance and necessary travel from that agencies approved budget as provided by law in other cases at the time their testimony is completed.

Absentee Shawnee Civil Procedure Section 514, AST CIV PRO Code Section 514



Section 515. Special Provisions for Tribal Agencies

(a) No Tribal agent or employee may be required to attend and testify in their official capacity for any private party absent the consent of their Department head or higher ranking superior.

(b) No Tribal agent or employee may be paid a witness fee in addition to their regular salary or other compensation, if they are on duty at the time they are required to attend and testify, and shall be deemed to have elected to receive their regular salary or other compensation unless they request leave without pay prior to the time they appear in response to the subpoena, provided, that when such agents or employees appear and testify while being paid the regular salary or other compensation, the normal witness fee shall be charged as costs in the case for the benefit of the Tribe and paid into the Tribal Treasury for the benefit of the Tribe, and the agent or employee's supervisor may require prepayment of said fees as a condition precedent of his approval for their appearance. Such witnesses shall be entitled to receive their travel costs, if any, from the party in advance as in other cases.

Absentee Shawnee Civil Procedure Section 515, AST CIV PRO Code Section 515



Section 550. Privilege for Committee Testimony

No testimony given by a witness before the Executive Committee, or any agency established by Tribal law having power to issue a subpoena, shall be used as evidence in any criminal proceeding against him in any court, except in a prosecution for perjury committed in giving such testimony if such person is granted immunity as provided in Section 551. An official paper or record produced by him is not within the privilege.

Absentee Shawnee Civil Procedure Section 550, AST CIV PRO Code Section 550



Section 551. Procedure for Claiming Privilege

In the case of proceedings before a committee or agency, when two-thirds (2/3) of the members of the full committee or agency shall by affirmative vote have authorized such witness to be granted immunity under this Chapter with respect to the transactions, matters, or things, concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence by direction of the presiding officer, and, when an Order of the Tribal District Court has been entered into the record requiring said person to testify or produce evidence, such person shall be privileged as stated in Section 550 of this Chapter. Such an Order may be issued by a Tribal District Court Judge upon application by a duly authorized representative of the committee or agency concerned, accompanied by the written approval of the Executive Committee. The Court shall not grant immunity to any witness without first having notified the Attorney General of such action. The Attorney General shall be notified of the time of each proposed application to the District Court and shall be given an opportunity to be heard with respect thereto prior to the entrance into the record of the Order of the District Court. No witness shall be exempt from prosecution for perjury or contempt committed while giving testimony or producing evidence under compulsion as provided in this section.

Absentee Shawnee Civil Procedure Section 551, AST CIV PRO Code Section 551



Section 552. Oaths

The members of the Executive Committee, the Governor or equivalent officer of any committee or agency authorized to issue subpoenas, and any officer or employee of the commission or agency authorized by agency or commission rule, is empowered to administer oaths to witnesses in any case under their examination.

Absentee Shawnee Civil Procedure Section 552, AST CIV PRO Code Section 552



Section 553. Penalties

(a) Every person who having been summoned as a witness, by authority of the Executive Committee or other tribal agency authorized to take testimony and compel attendance of witnesses by subpoena, to give testimony or produce papers under a grant of immunity as provided by Section 551 upon any matter under inquiry before that body, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be punishable by a civil fine of not more than five hundred dollars ($500.00) to be imposed by that body, and to an attachment and commitment to be imposed by that body to the Tribal jail until such testimony be given.

(b) In addition to, or in the alternative to civil punishment, the agency may proceed in the Tribal Court for an order requiring such witness to testify, and if such order is issued and disobeyed by the witness, the witness shall be guilty of an offense, and may be fined not more than five hundred dollars ($500.00), or imprisoned in the Tribal jail for a term not exceeding six (6) months, or both.

Absentee Shawnee Civil Procedure Section 553, AST CIV PRO Code Section 553



Section 554. Disgrace as Ground for Refusal to Testify

No witness is privileged to refuse to testify to any fact, or produce any paper, respecting which he shall be examined by the Executive Committee, or by any subordinate committee or agency thereof authorized to issue subpoenas, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace or otherwise render him infamous, provided that such fact or paper is reasonably related to the purpose of the hearing and the purpose of the hearing is reasonably related to the exercise by the body, agency, or committee of authority delegated to it by law.

Absentee Shawnee Civil Procedure Section 554, AST CIV PRO Code Section 554



Section 555. Prosecution

Whenever an body before whom a witness granted immunity pursuant to this Subchapter believes that a criminal prosecution pursuant to Section 553(b) should be instituted, it shall certify such fact to the Attorney General, whose duty it shall be to bring the matter in the Court by information or complaint for prosecution if the person has not purged his contempt within 48 hours.

Absentee Shawnee Civil Procedure Section 555, AST CIV PRO Code Section 555



Section 556. Fees and Mileage

(a) Witnesses before legislative and administrative bodies compelled to attend by subpoena shall be paid the same fees and mileage as are paid in civil cases in the Tribal District Court from the approved budget of said body.

(b) Witness fees and allowances for mileage shall be set by rule of the court. Witness fees shall not exceed the amount set for witness fees by Part 11 of Title 25 of the Code of Federal Regulations. Mileage fees shall not exceed the Federal mileage rate.

Absentee Shawnee Civil Procedure Section 556, AST CIV PRO Code Section 556



 

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