Skip to main content
Loading…
Article VII. Rules of Evidence
This article is included in your selections.
This section is included in your selections.

A. Evidence presented in Tribal Court must be related to the issues before the Court. When questioned by the Court or another party, the party who wishes to present certain evidence shall explain why they think the evidence is relevant.

B. Where there is more than one (1) kind of evidence about the same subject, the Court should allow the most reliable kind of evidence.

C. The testimony of persons having personal knowledge, such as firsthand observation and direct knowledge of or participation in a described event, shall be preferred and be afforded greater weight than the testimony of persons with secondhand knowledge of the event.

D. Copies of written records, photographs, and other documentary evidence may be presented as long as they are reliably identified by the party offering them or if they are verified as true and accurate copies by a reliable source.

E. Supporting and opposing affidavits or declarations shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated.

F. Certified or sworn copies of all papers or parts referred to in an affidavit or declaration shall be attached or served along with the affidavit or declaration.

G. The Court may permit affidavits or declarations to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits.

H. If the Court determines that evidence is presented fraudulently, in bad faith or for the purpose of delay, the Court may find the party presenting the evidence in bad faith to be in contempt of court. (Res. 2021-43; Res. 2020-59; Res. 2020-42 Exh. A)