Standing Rock Sioux Tribal Code of Justice
SRST Rules of Court T. I,
Title I. Courts
GENERAL NOTES
Approved and Amended by Standing Rock Sioux Tribe Council December 01, 2009--Resolution No. 688-09
Standing Rock Sioux Tribe Rules of Court T. I, , SRST ROC T. I,
Current through Dec. 1, 2010
SRST Rules of Court T. I,
Title I. Courts
Rules of Court
GENERAL NOTES
Promulgated: February 28, 2007, As Amended
Standing Rock Sioux Tribe Rules of Court T. I, , SRST ROC T. I,
Current through Dec. 1, 2010
SRST ROC Rule 1
Rule 1. Rules of Civil Procedure
SRST Rules of Court Rule 1
Title I. Courts
Rules of Court
Rule 1. Rules of Civil Procedure
The Federal Rules of Civil Procedure in effect at the time of the trial or other state of the proceedings are adopted as rules of procedure for civil cases under Title II, § 2-108(a), of the Standing Rock Sioux Tribe Code of Justice, unless such rules are in conflict with provisions of the Code, these Rules, or established traditions of the Standing Rock Sioux Tribe.
The Federal Rules of Civil Procedure, as they apply to proceedings of the Tribal Court, are amended, in their application, as follows:
The provisions of Rule 26, requiring Initial Disclosures and mandatory scheduling conferences before the Tribal Court shall not apply. The specific discovery to be pursued by the parties shall be determined by the parties as permitted by the rules of discovery otherwise permitted under Rules 26 through 37, inclusive. The parties or the Court may call for a scheduling conference or conferences, which shall be conducted telephonically, unless otherwise ordered by the Court.
To the extent that Rules 52 and 58 require separately stated and denominated Findings of Fact, Conclusions of Law and Order for Judgment or that the Order for Judgment and Judgment by entered as separate documents, they are amended in their application so that the Order for Judgment and Judgment may be prepared and entered as a single document and that separately denominated findings of fact and conclusions of law need not be prepared, as long as the factual and legal bases for the Court's actions are clearly stated, sufficiently to allow for appellate review of the decision.
Standing Rock Sioux Tribe Rules of Court Rule 1, SRST ROC Rule 1
Current through Dec. 1, 2010
SRST ROC Rule 2
Rule 2. Rules of Criminal Procedure
SRST Rules of Court Rule 2
Title I. Courts
Rules of Court
Rule 2. Rules of Criminal Procedure
The Federal Rules of Criminal Procedure in effect at the time of the trial or other state of the proceedings are adopted as rules of procedure for criminal cases under Title III, § 3-506(a), of the Standing Rock Sioux Tribe Code of Justice, unless such rules are in conflict with provisions of the Code, these Rules, or established traditions of the Standing Rock Sioux Tribe.
Standing Rock Sioux Tribe Rules of Court Rule 2, SRST ROC Rule 2
Current through Dec. 1, 2010
SRST ROC Rule 3
Rule 3. Rules of Evidence
SRST Rules of Court Rule 3
Title I. Courts
Rules of Court
Rule 3. Rules of Evidence
The Federal Rules of Evidence in effect at the time of the trial or other state of the proceedings are adopted as rules of evidence for civil and criminal cases under Title II, § 2-108(a) and Title III, § 3-506(a), of the Standing Rock Sioux Tribe Code of Justice, unless such rules are in conflict with provisions of the Code, these Rules, or established traditions of the Standing Rock Sioux Tribe.
Standing Rock Sioux Tribe Rules of Court Rule 3, SRST ROC Rule 3
Current through Dec. 1, 2010
SRST ROC Rule 4
Rule 4. Conduct in Court
SRST Rules of Court Rule 4
Title I. Courts
Rules of Court
Rule 4. Conduct in Court
A. Decorum
1. Anyone entering the courtroom while court is in session shall immediately be seated. Everyone shall behave in a quiet and orderly manner. No person may enter or leave the courtroom while the court is charging the jury, except in an emergency.
2. Counsel shall stand while addressing the court except when stating an objection. All statements and communications by counsel to the court must be clearly and audibly made from the counsel table. While the court is in session, counsel may not approach the bench for conversation without permission of the court.
3. To the extent practicable, the examination of a witness must be conducted from the counsel table. Only one counsel for a party may examine any witness without permission of the court.
4. Whenever practical and appropriate, in the civil and criminal courtrooms, a judge must be robed while presiding over the trial of a case.
5. Counsel, parties and witnesses may not leave the courtroom until proceedings are adjourned or as otherwise permitted by the court.
B. Cameras and Recording Devices
No camera, sound recorder, or other device, except one operated for an official purpose, by or under the direction of the court, may be used to photograph, record, or broadcast a proceeding of the court, nor may those devices be brought in or allowed to remain in the courtroom while a proceeding is in progress. Unless the court permits otherwise, any wireless communication device in the courtroom must be turned off or muted.
C. Arguments of Counsel
1. Unless otherwise permitted by the court, only one counsel appearing for a party may be allowed to argue any question to the court or jury.
2. The court may set time limits for arguments.
3. Disruptive or contumacious behavior may be punished, after one warning, as either civil or criminal contempt.
D. Ex Parte Contact with the Court
Ex Parte contacts by attorneys, lay advocates and any parties or potential witnesses as to the merits of any pending case are forbidden. Recognizing that the Rules of Court and the Standing Rock Sioux Tribe Code of Justice are not presently published and available to those not employed in the Tribal Court, the Judges may entertain and answer requests for rules and code sections until such time as the Rules and Code become available.
Standing Rock Sioux Tribe Rules of Court Rule 4, SRST ROC Rule 4
Current through Dec. 1, 2010
SRST ROC Rule 5
Rule 5. Change of Judge
SRST Rules of Court Rule 5
Title I. Courts
Rules of Court
Rule 5. Change of Judge
Upon filing of a request for recusal of any judge, under § 1-308 of the Code, the clerk shall serve the request on all other parties if the requesting party has not done so and notify the presiding judge of the demand. A denial of the request shall be in writing. If the request is granted, the Chief Judge shall promptly reassign the matter to another judge.
Standing Rock Sioux Tribe Rules of Court Rule 5, SRST ROC Rule 5
Current through Dec. 1, 2010
SRST ROC Rule 6
Rule 6. Filing of Papers
SRST Rules of Court Rule 6
Title I. Courts
Rules of Court
Rule 6. Filing of Papers
A. All papers filed with the court shall be clearly readable. Except as otherwise permitted by the court all papers must be prepared on 8 1/2" by 11" format. All papers must be filed by the clerk flat and unfolded and each set of papers firmly fastened together. Proof of service must accompany any documents received from lawyers or lay advocates, who are responsible for service. Service for unrepresented parties shall be done by the clerk, and the Court Administrator may charge for such service at such charge as will fairly compensate the court for its expenses. Facsimiles will be accepted for filing subject to prompt receipt of the originals.
B. Juvenile and Involuntary Commitment files are closed to all persons not directly involved in those matters and copies of the file contents are available only on court order.
C. Other files are open to the public, unless any portion may be closed by the court. The Court Administrator may provide for reasonable charges for copies. No files, however, may be removed from the custody of the Clerk, without written approval by the Court Administrator or a Judge.
Standing Rock Sioux Tribe Rules of Court Rule 6, SRST ROC Rule 6
Current through Dec. 1, 2010
SRST ROC Rule 7
Rule 7. Submission of Briefs
SRST Rules of Court Rule 7
Title I. Courts
Rules of Court
Rule 7. Submission of Briefs
Unless otherwise ordered by the Court in any civil or criminal case in which both parties are represented by lawyers, or in any case in the court's discretion, motions shall be considered on briefs, without a hearing. Any motion shall be filed with any supporting brief or other supporting material and the adverse party shall have 10 days after service to respond, the computation being in accordance with the Federal Rules of Civil Procedure. Any party may request oral arguments. The court may take testimony at its discretion, as well. Any appearances at hearing may be telephonic, at the court's discretion.
Standing Rock Sioux Tribe Rules of Court Rule 7, SRST ROC Rule 7
Current through Dec. 1, 2010
SRST ROC Rule 8
Rule 8. Dismissal For Lack of Prosecution
SRST Rules of Court Rule 8
Title I. Courts
Rules of Court
Rule 8. Dismissal For Lack of Prosecution
Any civil action in which there has been no prosecution of a claim upon which a party has an affirmative burden of proof; e.g., complaint, counterclaim, or cross claim; for more than one year may be dismissed without prejudice by the court on its own motion, with notice to the parties at their last address of record. In divorce actions in which the 60 day waiting period has not been waived, the time runs from expiration of the waiting period.
Standing Rock Sioux Tribe Rules of Court Rule 8, SRST ROC Rule 8
Current through Dec. 1, 2010
SRST ROC Rule 9
Rule 9. Continuances
SRST Rules of Court Rule 9
Title I. Courts
Rules of Court
Rule 9. Continuances
A. Except in case of emergency or other exceptions in the civil or criminal rules, any civil or criminal case or matter scheduled for hearing, trial or other appearance before the court will not be continued or rescheduled at the request of any party unless:
1. A request for continuance or rescheduling has been filed and served at least 7 days prior to such hearing, trial or appearance, and
2. The request is supported by a showing of good cause documented by the requesting party.
B. Emergency shall include:
1. Sickness or injury, requiring hospitalization or medically ordered bed rest of a complaining witness, a criminal defendant or civil party, or any subpoenaed witness.
2. Attendance at a funeral for an immediate relative (mother, father sister, brother, husband, wife, child, grandparent, grandchild, or any persons having such degree of relationship under the accepted traditions and customs of the Tribe) by a complaining witness or criminal defendant, or civil party, or any subpoenaed witness.
3. Other case of bona fide emergency, at the discretion of the court.
4. The unexpected failure of any person to appear under summons, subpoena or other lawful process, and having a material impact on the moving party's case.
5. The appearance in a state of intoxication or under impairment of drugs of any person appearing under summons, subpoena or other lawful process, and having a material impact on the moving party's case.
6. Administrative necessity of the court.
Standing Rock Sioux Tribe Rules of Court Rule 9, SRST ROC Rule 9
Current through Dec. 1, 2010
SRST ROC Rule 10
Rule 10. Criminal Complaints
SRST Rules of Court Rule 10
Title I. Courts
Rules of Court
Rule 10. Criminal Complaints
The following shall be contained and plainly stated in all criminal complaints prepared pursuant to § 3-101 of the Code:
A. The date and time of the alleged offense,
B. A specific description of the location of the alleged offense,
C. The name of the person who allegedly committed the offense,
D. A detailed description of the offense, stating the Code section allegedly violated and the elements alleged to constitute said offense,
E. The specific elements upon which the arresting officer determined probable cause to detain, if an arrest was made without a warrant for arrest.
The specification required by this Rule may be provided by attachment referenced in the Complaint, if additional room is necessary.
Standing Rock Sioux Tribe Rules of Court Rule 10, SRST ROC Rule 10
Current through Dec. 1, 2010
SRST ROC Rule 11
Rule 11. Assistance in Drafting Criminal Complaints
SRST Rules of Court Rule 11
Title I. Courts
Rules of Court
Rule 11. Assistance in Drafting Criminal Complaints
The Clerk of Court, any Assistant Clerk of Court, the Prosecutor and Prosecutor Advocate are designated as the individuals who will assist persons filling out criminal complaint information sheets pursuant to § 3-101 of the Code.
Standing Rock Sioux Tribe Rules of Court Rule 11, SRST ROC Rule 11
Current through Dec. 1, 2010
SRST ROC Rule 12
Rule 12. Screening and Approval of Criminal Complaints
SRST Rules of Court Rule 12
Title I. Courts
Rules of Court
Rule 12. Screening and Approval of Criminal Complaints
The Prosecutor and Prosecutor Advocate are designated by the Court as individuals authorized to screen complaints not brought by police officers, for sufficiency. They have the discretion to disapprove all complaints not found sufficient or when disapproval is necessary to serve the interests of justice. When a complainant is not reasonably available to sign, the Prosecutor and Prosecutor Advocate may approve the issuance of complaints on information relayed by electronic means, including telephone, radio or fax, in their sound discretion, subject to subsequent verification.
Standing Rock Sioux Tribe Rules of Court Rule 12, SRST ROC Rule 12
Current through Dec. 1, 2010
SRST ROC Rule 13
Rule 13. Statement of Probable Cause
SRST Rules of Court Rule 13
Title I. Courts
Rules of Court
Rule 13. Statement of Probable Cause
In all criminal cases in which an arrest has been made without a warrant, the Complaint shall state the probable cause for arrest and shall be submitted to a judge for review of probable cause, within 48 hours of the arrest. This does not preclude submission of additional documents demonstrating foundation for probable cause for arrest.
Standing Rock Sioux Tribe Rules of Court Rule 13, SRST ROC Rule 13
Current through Dec. 1, 2010
SRST ROC Rule 14
Rule 14. Withdrawal of Criminal Complaints
SRST Rules of Court Rule 14
Title I. Courts
Rules of Court
Rule 14. Withdrawal of Criminal Complaints
Criminal complaints may be withdrawn only with the approval of a Prosecutor or Judge. The executed withdrawal form bearing the approval of a Prosecutor or Judge shall be attached to and filed with the complaint of record.
Standing Rock Sioux Tribe Rules of Court Rule 14, SRST ROC Rule 14
Current through Dec. 1, 2010
SRST ROC Rule 15
Rule 15. Scheduling of Criminal Trials
SRST Rules of Court Rule 15
Title I. Courts
Rules of Court
Rule 15. Scheduling of Criminal Trials
Except for good cause shown, each criminal case shall be set for trial at the time of arraignment, if not concluded by plea. The court may, at its discretion set the matter for further interim hearing or conference upon a party's motion for good cause.
Standing Rock Sioux Tribe Rules of Court Rule 15, SRST ROC Rule 15
Current through Dec. 1, 2010
SRST ROC Rule 16
Rule 16. Criminal Sentencing
SRST Rules of Court Rule 16
Title I. Courts
Rules of Court
Rule 16. Criminal Sentencing
A. The court shall pronounce sentence immediately upon the acceptance of a guilty plea or upon conviction of any offense, unless at the request of a party, or on the court's own motion, it finds good cause to delay or defer imposition of sentence.
B. If it appears that the person being sentenced suffers from a cognitive disability or may be addicted to alcohol or drugs, which substantially contributed to the offense, and the court deems it to be appropriate to consider it in passing sentence, the court may delay or defer sentencing until an evaluation of that person may be conducted and reported to the court. Time spent inpatient for any evaluation or treatment shall be credited as time spent in detention and credited to the sentence. Outpatient evaluation or treatment without detention may be credited to the sentence, in the court's discretion. Persons held in detention may be released on temporary pass, as necessary and appropriate to conduct any evaluation or treatment.
C. Before the court sentences any person, the Prosecutor shall advise the court if that person is under any suspension or deferment of sentence and of any prior convictions and sentences which the Prosecutor may deem pertinent.
Standing Rock Sioux Tribe Rules of Court Rule 16, SRST ROC Rule 16
Current through Dec. 1, 2010
SRST ROC Rule 17
Rule 17. Reduction in Sentence
SRST Rules of Court Rule 17
Title I. Courts
Rules of Court
Rule 17. Reduction in Sentence
A. All requests for reduction of sentence shall be by motion identifying the case in question, the sentence, the grounds for the request and the proposed change in sentence.
B. Reductions in sentence shall only be granted to correct manifest injustice or due to unforeseen pertinent circumstances arising since sentencing.
Standing Rock Sioux Tribe Rules of Court Rule 17, SRST ROC Rule 17
Current through Dec. 1, 2010
SRST ROC Rule 18
Rule 18. Bench Warrants
SRST Rules of Court Rule 18
Title I. Courts
Rules of Court
Rule 18. Bench Warrants
Whenever a person fails to appear in court as duly required by an order to show cause, subpoena, summons or other process requiring that person's appearance, in any civil or criminal case, the court may issue a bench warrant directed to any law enforcement officer directing the arrest and detention of said person for appearance before the court. The warrant shall be served in the same manner as any other arrest warrant.
Standing Rock Sioux Tribe Rules of Court Rule 18, SRST ROC Rule 18
Current through Dec. 1, 2010
SRST ROC Rule 19
Rule 19. Temporary Leave From Confinement
SRST Rules of Court Rule 19
Title I. Courts
Rules of Court
Rule 19. Temporary Leave From Confinement
A. All requests for temporary leave or for temporary passes shall be submitted to the court after notice to and approval or disapproval by the Prosecutor, in writing. All requests shall be brought through the office of the Public Defender or such lawyer or lay advocate who has appeared as counsel of record, and to the judge who sentenced the person seeking the pass. In cases of emergency the request may be submitted directly to the sentencing judge or, in his or her absence, to another judge.
B. Temporary leave or passes may be granted for the following reasons:
1. Appearance for substantiated medical appointments or emergency medical care.
2. Appearance for evaluations or treatment for chemical dependency.
3. Urgent personal or family matters such as funerals.
4. To relieve overcrowded detention conditions or for public health or safety reasons as a result of temporary detention facility conditions.
5. For persons who, for no fault of their own making, cannot be promptly arraigned.
6. For other cases for good cause in the discretion of the court.
C. Absent good cause, temporary leave or temporary passes will only be granted to persons who have exhibited good behavior while in confinement and the lawyer or lay advocate seeking release shall determine and accurately represent this to the court, as officers of the court. Persons who have pending charges or past convictions for escape, failure to return to detention or failure to appear in court shall not be eligible, except for compelling circumstances in the discretion of the court.
D. Temporary passes in excess of 8 hours will be granted only under exceptional circumstances.
E. Failure to abide by any conditions of a pass shall constitute criminal contempt, and failure to return on a timely basis, escape.
Standing Rock Sioux Tribe Rules of Court Rule 19, SRST ROC Rule 19
Current through Dec. 1, 2010
SRST ROC Rule 20
Rule 20. Assistance in Drafting Civil Complaints
SRST Rules of Court Rule 20
Title I. Courts
Rules of Court
Rule 20. Assistance in Drafting Civil Complaints
The Clerk of Court shall provide procedural assistance to any party not represented by a lawyer or lay advocate in the drafting of any Complaint or Petition to the court for relief.
Standing Rock Sioux Tribe Rules of Court Rule 20, SRST ROC Rule 20
Current through Dec. 1, 2010
SRST ROC Rule 21
Rule 21. Closure of Juvenile and Involuntary Commitment Proceedings
SRST Rules of Court Rule 21
Title I. Courts
Rules of Court
Rule 21. Closure of Juvenile and Involuntary Commitment Proceedings
All juvenile proceedings and hearings for involuntary commitment shall be closed to the general public. Only parties, witnesses, or persons with a legitimate interest in the proceedings may attend. Immediate family shall be deemed to have a legitimate interest, unless excluded by the court for good cause.
Standing Rock Sioux Tribe Rules of Court Rule 21, SRST ROC Rule 21
Current through Dec. 1, 2010
SRST ROC Rule 22
Rule 22. Amended Practice by Law Students
SRST Rules of Court Rule 22
Title I. Courts
Rules of Court
Rule 22. Amended Practice by Law Students
It is in the interest of the Tribe that law students gain a competence in Indian Law and Tribal Court practice. The Chief Judge may permit the practice by law students of the University of North Dakota School of Law and the University of South Dakota School of Law before the Tribal Courts, on the following conditions:
1. That any student must be first qualified and accepted for practice under the student practice provisions in the courts of North Dakota or South Dakota and so certified by the supervising attorney.
2. That any student practicing before the Tribal Court shall be subject to supervision by an attorney admitted to Tribal Court and subject to the same limitations of practice as provided by the laws of the state his or her limited admission.
3. The supervising attorney shall be responsible to the Tribal Court and the student's admission to practice before the Tribal Court shall be ancillary to under the Tribal license of the supervising attorney.
If under the supervision of a lawyer employed by the Standing Rock Sioux Tribe, the Chief Judge may allow the appearance in Tribal Court of any law student enrolled in any ABA accredited law school, subject to conditions 2 and 3.
Promulgated: June 10, 2009
Standing Rock Sioux Tribe Rules of Court Rule 22, SRST ROC Rule 22
Current through Dec. 1, 2010