Absentee-Shawnee Tribe of Indians of Oklahoma
Evidence
Chapter Eleven. Miscellaneous Rules
Section 1101. Applicability of Rules
Section 1102. Amendments
Section 1103. Title
AST EVIDENCE Code Section 1101
Section 1101. Applicability of Rules
(a) This Title applies to all criminal and civil controversies arising from any transaction or occurrence occurring on land which lies within the jurisdiction of the Tribe and to all other criminal or civil controversies which are subject to the lawful jurisdiction of the Courts of the Tribe.
(b) This Title applies generally to civil actions and proceedings, to criminal actions and proceedings and to contempt proceedings except those in which the Court may act summarily.
(c) The Chapter with respect to privileges applies at all stages of all actions, cases, and proceedings.
(d) This Title (other than with respect to privileges) do not apply in the following situations:
(1) When the Court must make preliminary findings of fact in order to rule on the admissibility of evidence under Section 104.
(2) Proceedings for extradition, preliminary examinations and arraignments in criminal cases, sentencing, granting or revoking parole or probation, issuance of warrants for arrest, criminal summonses, and search warrants, the dispositional phase of juvenile proceedings, and proceedings with respect to release on bail or otherwise.
Absentee Shawnee Evidence Code Section 1101, AST EVIDENCE Code Section 1101
AST EVIDENCE Code Section 1102
Section 1102. Amendments
The Supreme Court shall have the power to prescribe amendments to this Title except with respect to any of these rules relating to privileges. Such amendments shall not take effect until they have been reported in writing to the Absentee Shawnee Executive Committee by the Chief Justice and until the expiration of ninety days after they have been so reported; but if a majority of the participating Executive Committee within that time shall by formal affirmative written action disapprove any amendment so reported it shall not take effect. The effective date of any amendment so reported may be deferred by a majority of the Absentee Shawnee Executive Committee to a later date or until approved by them. Any rule whether proposed or in force may be amended by an Act enacted by the Absentee Shawnee Executive Committee. Any provision of law in force at the expiration of such time and in conflict with any such amendment not disapproved shall be of no further force or effect after such amendment has taken effect. Any proposed amendment creating, abolishing, or modifying a privilege shall have no force or effect unless it shall be approved by Act of the Executive Committee. Upon becoming effective, all amendments made by the Tribal Supreme Court shall be incorporated into this Title and thereafter have the force and effect of a Tribal Statute.
Absentee Shawnee Evidence Code Section 1102, AST EVIDENCE Code Section 1102
AST EVIDENCE Code Section 1103
Section 1103. Title
This Title may be known and cited as the Rules of Evidence, or the Evidence Code of the Tribe.
Absentee Shawnee Evidence Code Section 1103, AST EVIDENCE Code Section 1103