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COQUILLE
INDIAN TRIBAL COURT
SUPPLEMENTAL COURT RULES 2002-1
REPRESENTATION IN TRIBAL COURT CASES
A
party to a case in tribal court is not required to be represented by a licensed
attorney. Tribal Law permits a
party appearing in tribal court to be represented by any of the following:
1)
himself/herself (pro se representation)
2)
a spokesperson (tribal member or relative of the party) admitted to
practice in the tribal court, or
3)
a licensed attorney admitted to practice in the Tribal Court.
Licensing can be done quickly.
The
Tribe does not provide individuals with legal representation at tribal expense.
Cost is only one factor to consider when deciding whether to retain
professional representation. Many
individuals appear in court pro se and are able to adequately represent
themselves. Before making the decision to represent oneself, one should
carefully consider the disadvantage an inexperienced person may be working under
in opposing a professional advocate.
It
should also be remembered that, whether a party appears in court pro se
or represented by spokesperson or attorney, the court will proceed as follows:
1.
The judge will not discuss pending cases unless all parties are present
at a hearing or trial scheduled by the court.
2.
Pro se parties will be expected to follow the same rules as professional
advocates. Many of these rules will
be found in the Coquille Indian Tribal Court Practice Manual, copies of which
are available for use in the tribal library, the Coos Bay Library, the North
Bend Library, Southwestern Oregon Community College Library, the Coos County Law
Library, and are available for purchase from the court clerk for $15.00.
3.
All parties will be expected to prepare pleadings and other court
documents in proper form and to timely and properly serve them pursuant to
applicable procedural rules.
4.
The court will remain neutral. Therefore,
the court cannot advocate an interest or position of one party, even if that
party does not have professional representation.
The court has the discretion, however, to relax strict application of
rules to avoid manifest injustice.
5.
With rare exception, the issues to be heard at the hearing or trial will
be those described in the pleadings. The
pleadings, therefore, must be carefully written and understood.
6.
Hearings and trial start on time. Latecomers
should expect that late arrival will result in waiver of the right to be heard.
7.
Hearings and trials proceed in an orderly manner.
The party who has made a claim for relief has the burden of proof and
presents its case first. The
opposing party then presents its case. The
claimant then usually has the opportunity to present a rebuttal case.
Each witness offered by a party may be cross-examined by the opposing
party. All witnesses testify under oath. Each
party has the opportunity to offer tangible evidence, such as documents.
The admissibility of all testimony and tangible evidence offered by a
party may be challenged by the opposing party.
The court will allow each party to be heard on all issues involved in the
case before the court makes rulings and before the court makes the final
decision in the case. The process
is orderly and deliberate. There is
never a need for a party to interrupt.
8.
Parties must prepare themselves for hearings and trials.
The court will not prepare for a party.
The attendance of witnesses must be arranged by each party, and each
party must assemble and organize the tangible evidence it wishes to present.
Tribal court proceedings are subject to discovery rules that govern the sharing
of information between parties prior to courtroom appearances.
Discovery rules are found in the Coquille Rules of Tribal Procedure (CRCP). Rules of admissibility of evidence in court are found in the
Coquille Evidence Code (CEC). CRCP
and CEC are included in the Tribal Court Practice Manual.
9.
In the courtroom, the judge, the clerk, counsel and all parties and
witnesses will treat each other respectfully.
Proper decorum, attire and grooming will be expected in court.
A person whose appearance or behavior in court offends these standards
will be asked to leave and may be found in contempt of court.
DATED this _____ day of July, 2002.
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