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Any party to a lawsuit or other proceeding in Tribal Court shall have the right to compel witnesses to appear in Court and testify concerning the matter.

A. Upon a party’s request, the Court shall issue a subpoena, which is an order commanding a named person to appear in court to testify and/or to bring certain evidence or documents to Court.

B. All subpoenas shall be signed by a judge.

C. Every subpoena shall be in writing and shall include the name of the Court, the Court’s seal, the names of all parties, the time and place that the witness must appear, and a clear and detailed description of any documents or evidence which the witness is required to bring.

D. The party requesting the subpoena shall deliver it to the witness through a person at least age eighteen (18) and not a party to the case who gives it to the witness directly.

E. The person serving the subpoena shall complete a proof of service, which the requesting party is responsible for filing with the Court with a copy of the subpoena.

F. Failure of a witness to obey a subpoena shall be grounds for holding the witness in contempt of Court.

G. A witness who responds to a subpoena shall be entitled to a fee of twenty-five dollars ($25.00) for each day or partial day that they must appear in Court. The Court may, in addition, order that the witness be paid reasonable and necessary travel and living expenses incurred in responding to the subpoena. The party requesting the issuance of a subpoena shall pay the fees to the witness upon the conclusion of testimony. (Res. 2021-43; Res. 2020-60)