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CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS COURT ORDERS
IN THE TRIBAL COURT OF THE
CONFEDERATED
TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS
In
the Matter of Supplemental Court Rules )
SUPPLEMENTAL COURT
) RULE 2002-2
_____________________ญญญญ_________________)
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 (CLUSI 1-1-66) permits a party appearing in tribal court to be represented by any of the following:
1)
himself/herself (pro se representation),
2)
a tribal member representative approved to practice in the tribal court,
3)
an advocate employed and certified to be qualified by a tribal attorney
and approved to practice in the tribal court, or
4)
a licensed attorney admitted to practice in the Tribal Court.
Licensing can be done quickly, but an annual licensing fee is required.
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 professional representation.
It
should also be remembered that, whether a party appears in court pro se
or with representation , 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
attorneys, advocates, or tribal member representatives.
Many of these rules will be found in the Rules of Practice in Code
Section1-1 of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians,
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 trials 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 governing the sharing of information between parties prior to courtroom appearances. Discovery rules are found in Rule 16 of the Rules of Practice contained in the code of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians.
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 ________, 20___.
_____________________________________
Don
Owen Costello, Chief Judge