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Absentee-Shawnee Tribe of Indians of Oklahoma

 


Evidence
Chapter One. General Provisions

Section 101. Scope

Section 102. Purpose and Construction

Section 103. Rulings on Evidence

Section 104. Preliminary Questions

Section 105. Limited Admissibility

Section 106. Remainder or Related Writings or Recorded Statements

AST EVIDENCE Code Section 101
Section 101. Scope

This Title governs evidentiary questions in all proceedings in the Courts of the Tribe, whether civil, criminal, juvenile, or otherwise except as may be otherwise specifically provided by Tribal law.

Absentee Shawnee Evidence Code Section 101, AST EVIDENCE Code Section 101

 

 

 




AST EVIDENCE Code Section 102
Section 102. Purpose and Construction

This Title shall be constructed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

Absentee Shawnee Evidence Code Section 102, AST EVIDENCE Code Section 102

 

 

 




AST EVIDENCE Code Section 103
Section 103. Rulings on Evidence

(a) Effect of erroneous ruling. Error may not be predicated, nor a judgment reversed or modified, upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and:

(1) Objection. In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or

(2) Offer of proof. In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer of proof, or was apparent from the context within which questions were asked.

(b) Record of offer and ruling. The court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form.

(c) Hearing of jury. In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury. Questions on evidentiary matters known to be in issue prior to trial may be determined by a hearing prior to trial, and the matter does not have to be raised at the trial by the party whose evidence is ruled inadmissible in order to preserve the error so long as the error is apparent from the transcript of the hearing. Questions which arise concerning the admissibility of evidence during the trial may be resolved in open Court, if practicable, at a hearing at the bench out of the hearing of the jury, if practicable, or a recess may be taken and a hearing held upon the admissibility of the evidence at issue.

(d) Plain error. Nothing in this section precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the court.

Absentee Shawnee Evidence Code Section 103, AST EVIDENCE Code Section 103

 

 

 




AST EVIDENCE Code Section 104
Section 104. Preliminary Questions

(a) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (b). In making its determination it is not bound by this Title except those provisions with respect to privileges.

(b) Relevancy conditioned on fact. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or may admit it subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

(c) Hearing of jury. Hearings on the admissibility of confessions in a criminal case shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or, when an accused in a criminal case is a witness, if he so requests.

(d) Testimony by accused. The accused in a criminal case does not, by testifying upon a preliminary matter, or other matter which would be heard outside the hearing of the jury, if any, subject himself to cross-examination as to other issues in the case. The accused in a criminal case waives his right against self-incrimination as to all issues in the case by testifying upon any fact pertaining to any element of the charge against him during the actual trial of the case before the jury or other finder of fact.

(e) Weight and credibility. this section does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

Absentee Shawnee Evidence Code Section 104, AST EVIDENCE Code Section 104

 

 

 




AST EVIDENCE Code Section 105
Section 105. Limited Admissibility

When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.

Absentee Shawnee Evidence Code Section 105, AST EVIDENCE Code Section 105

 

 

 




AST EVIDENCE Code Section 106
Section 106. Remainder or Related Writings or Recorded Statements

When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.

Absentee Shawnee Evidence Code Section 106, AST EVIDENCE Code Section 106

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