A. It is the policy of the Tribal Court that the truth will be discovered more readily if all parties in a case have access to all information and evidence related to the case, which is called “discovery.” In preparation for trial, therefore, the parties shall make available to each other all information in each other’s possession or control which will be used as evidence in the case, or which can reasonably be expected to lead to evidence.

B. Methods of discovering and exchanging information may include but need not be limited to written questions, oral examination, requests for witnesses’ names and anticipated testimony, requests for admissions, physical inspection of property, requests to perform scientific or physical tests, and requests for documents. The party who makes a request under this rule shall be as clear and specific as possible in describing what they want.

C. A party who receives a request for information under this rule shall, within ten (10) days of receiving the request, respond either with the information, with an indication where and when the information will be available, or with an objection and refusal to comply with the request. Failure to respond within ten (10) days is grounds for a motion for the Court to decide whether the information must be provided.

D. A party may refuse to make available the information requested if its release would cause the responding party or a third person undue financial or physical hardship, annoyance, or embarrassment, or would violate a confidence which is protected by tribal law, custom or official tribal policy.