SKOKOMISH TRIBAL CODE

RULES OF THE SKOKOMISH TRIBAL COURT

Adopted by Resolution No. 79-55 (October 8, 1979)

Amended by Resolution No. 82-38 (August 27, 1982)

Amended by Resolution No. 92-68 (July 22, 1992)

Amended by Resolution No. 01-06 (January 17, 2001)

Amended by Resolution No. 04-113 (September 8, 2004)

TABLE OF CONTENTS

ADMINISTRATIVE RULES

3.01.001 Clerk

3.01.002 Court Records

3.01.003 Court Sessions

3.01.004 Filing and Notice

3.01.005 Timing

3.01.006 Form of Pleadings

3.01.007 Court Behavior

3.01.008 Absence of Judge

3.01.009 Compelling Witnesses to Appear (Subpoena)

3.01.010 Costs

3.01.011 Contempt of Court

3.01.012 Achieving the Court’s Purpose

RULES GOVERNING REPRESENTATIVES

3.01.020 Right to Representation

3.01.021 Permission to Appear as Representative

3.01.022 Admission Fee

3.01.023 Revocation of Permission to Appear

RULES OF JUDGES’ CONDUCT

3.01.030 Scope of Rules

3.01.031 Contacts Outside Court

3.01.032 Conflicts of Interest

3.01.033 Fairness and Diligence

3.01.034 Independence

RULES OF EVIDENCE

3.01.040 Purpose

3.01.041 General Rule

3.01.042 Self - Incrimination

3.01.043 Oaths

3.01.044 Questioning Witnesses

3.01.045 Written Testimony

RULES OF CIVIL PROCEDURE

3.01.050 Limitation on Actions

3.01.051 Commencement of a Lawsuit

3.01.052 Jurisdiction

3.01.053 Defenses

3.01.054 Default

3.01.055 Pre-trial Conference

3.01.056 Motions

3.01.057 Order of Trial

3.01.058 Burden and Standard of Proof

3.01.059 Amendment, Withdrawal, Dismissal of the Complaint

3.01.060 Discovery

3.01.061 Judgments

3.01.062 Preliminary Injunctions and Temporary Restraining Orders

3.01.063 Proceedings After Judgment

3.01.064 Enforcement of Judgments

3.01.065 Civil Forfeiture

RULES OF CRIMINAL PROCEDURE

3.01.070 Limitation of Prosecutions

3.01.071 Complaint

3.01.072 Arrest Warrants

3.01.073 Arrest Without Warrant

3.01.074 Summons Instead of Arrest Warrant

3.01.975 Notification of Rights at Arrest

3.01.076 Searches Without Warrant

3.01.077 Search Warrants

3.01.078 Disposition of Seized Property

3.01.079 Amendment of the Complaint

3.01.080 Arraignment

3.01.081 Plea

3.01.082 Withdrawal of Guilty Plea

3.01.083 Bail

3.01.084 Motions During Arraignment

3.01.085 Time of Trial

3.01.086 Joining or Separating Defendants’ Trials

3.01.087 Discovery

3.01.088 Pre-trial Motions and Conferences

3.01.089 Order of Trial

3.01.090 Burden of Proof

3.01.091 Presence of Defendant

3.01.092 Jury Trials

3.01.093 Verdict

3.01.094 Sentencing

3.01.095 Post-conviction Procedures

RULES OF APPELLATE PROCEDURE

3.01.100 Scope

3.01.101 Right to Appeal

3.01.102 Notice of Appeal

3.01.103 Stay of Judgment Pending Appeal

3.01.104 Bond

3.01.105 Record on Appeal

3.01.106 Appeal Judges

3.01.107 Sending the Record to Appeal Judges

3.01.108 Scheduling

3.01.109 Briefs

3.01.110 Additional Evidence

3.01.111 Motions

3.01.112 Dismissal of an Appeal

3.01.113 Hearing

3.01.114 Judgment

3.01.115 Costs

PETITION FOR RELEASE FROM CUSTODY

3.01.120 Right to Petition

3.01.121 Power to Order Release

3.01.122 Response to Petition

3.01.123 Hearing Date

3.01.124 Evidence

3.01.125 Bail

3.01.126 Presence of Petitioner

3.01.127 Petition Barred by Previous Decision

3.01.128 Appeal

Administrative Rules

3.01.001 Clerk (Rule 1)

(a) Before taking office, the court clerk shall state in the presence of the judge that he or she will perform the clerk's duties faithfully and honestly, will not let personal views and relationships affect the performance of the clerk's duties, will not attempt to influence the course of court proceedings, and will not reveal confidential matters which the clerk learns in the course of official duties.

(b) Duties of the court clerk include:

(1) Making and keeping records of all lawsuits and criminal prosecutions brought in the tribal court, all actions taken by the parties or the court during such cases, and all court hearings;

(2) Keeping a calendar of court hearing dates and deadlines, and helping with scheduling of court proceedings;

(3) Notifying the judges and parties, as required in these rules, of actions taken, hearings scheduled, and other developments requiring their attention during cases filed in tribal court;

(4) Receiving and recording money for fines and costs charged to parties in court cases; and keeping records of property seized, held for use as evidence, disposed of, and returned in the course of court proceedings;

(5) Participating in training programs identified as necessary by the court administrator;

(6) Maintaining for the use of court personnel and parties an up-to-date set of Rules of the Skokomish Tribal Court and the Skokomish Tribal Code;

(7) Maintaining a list of persons who are permitted to appear in tribal court as representatives for parties and witnesses;

(8) Maintaining a list of persons eligible to serve on juries, and summoning jurors as provided in these rules.

(1) Administer oaths of persons who make out complaints and affidavits;

(2) Prepare and certify the official record of a court hearing;

(3) Sign and issue summonses for potential jurors and witnesses, as long as such summonses will be served within the Skokomish Reservation.

3.01.002 Court Records (Rule 2)

(a) Official records of the Tribal Court shall be kept on the Skokomish Reservation in the clerk's office, and these records shall not be removed except with the permission of the chief judge or the administrator.

(b) All testimony and arguments given in open court shall be recorded electronically, stenographically, or by both means. Such records shall be part of the official record of each case and shall be kept by the clerk with other official records. A transcript shall be made of such record upon request of a judge, when a case is appealed, or at the request of a party. A party who requests a transcript shall bear the costs of preparing it unless the judge excuses the party from paying.

(1) A calendar of scheduled court hearings;

(2) A list of representatives permitted to appear in the tribal court;

(3) A separate file for each lawsuit and criminal prosecution brought in the tribal court, with a copy of every document submitted in the case;

(4) A payment ledger showing all funds received and disbursed in the course of each lawsuit or prosecution brought in tribal court;

(5) A docket book which shows, for each case filed in tribal court, the case file number, the parties' names, and a short description of every document filed and every order issued in the case, including the date of the order or filing.

(d) All official records of the tribal court shall be public records, available for inspection by any interested person, unless a tribal ordinance or an order of the court requires that a record be kept confidential.

3.01.003 Court Sessions (Rule 3)

(a) All sessions of the tribal court shall be held on the Skokomish Reservation unless otherwise agreed by the parties.

(b) The court shall set and publish a schedule for regular court sessions. The schedule may include a regular time that the judge will consider motions.

(c) Unless otherwise provided in these rules, the time for trials and other hearings shall be set and recorded by the clerk, who shall consult with the court administrator and the judge, as appropriate.

(d) A police officer who serves a criminal summons or makes an arrest and a party who requests court action at a time other than a regularly scheduled court session shall have responsibility for getting a hearing date from the clerk and for providing all other parties with written notice of the time, place, and nature of the hearing. In all other cases, unless a court hearing is scheduled in court when all parties or their representatives are present, the clerk shall send the parties written notice of the hearing. Notice required in this section shall be mailed or delivered to all parties at least five days before the scheduled hearing.

3.01.004 Filing and Notice (Rule 4)

(a) A copy of every complaint, summons, warrant, motion, written argument, agreement, order, or other document which records action taken by the parties and by the court during a case in tribal court shall be filed with the clerk.

(b) The clerk shall give a copy of every document filed in a court case to the judge who has responsibility for the case.

(c) A party who files any document with the court clerk in a lawsuit or criminal prosecution shall give a copy of the same document to every other party in the case. If a party is represented by an attorney or spokesperson, the document shall be given to that representative. Delivery of a copy as required by this rule may be made either by giving it to the party in person or by putting it in the mail.

(d) Unless the judge issues an order or makes a decision in open court when all parties are present, decisions and orders of the court shall be written down, and the clerk shall give or send a copy of each such ruling to each party in the case.

3.01.005 Timing (Rule 5)

(a) Whenever a rule, an ordinance, or an order of the court requires that an action be taken within a certain number of days, the day of the event from which the time limit runs should not be counted; but the last day should be counted unless it is a Saturday, Sunday, or tribal holiday. When the last day is a Saturday, Sunday, or tribal holiday, the deadline shall be the first work day following the day that is not counted. Where the time limit is less than seven days, Saturdays, Sundays, and tribal holidays shall not be counted at all.

(b) When a time limit is counted from or to the time that notice is delivered to a person and the notice is delivered by mail rather than given directly to the person, it shall be presumed that delivery takes place three days after the notice is mailed.

(c) On request of a party, the judge may allow an extension of any time limit described in this rule, as long as the right to a speedy trial in criminal cases is not denied.

3.01.006 Form of Pleadings (Rule 6)

(a) Unless otherwise specified by the judge or in these rules, defenses, motions, arguments, and other requests made to the court do not have to be in writing. Parties are encouraged, however, to put such requests and arguments in writing, especially where the matters to be considered by the judge are complex. Where parties are required to submit something in writing, the clerk may assist any party in putting his or her statements in writing.

(b) There shall be no required form for written material filed with the court. All pleadings should be clear and legible and shall contain the name of the court, the names of all parties, the court file number of the case, the signature of the party filing it or of the party's representative, and any other information required by these rules. For convenience the administrator and clerk may develop standard forms for pleadings and notices.

3.01.007 Court Behavior (Rule 7)

(a) All persons who attend tribal court hearings as parties, witnesses, or spectators shall be quiet and orderly while court is in session. No spectator shall make loud noises or speak out during a court session unless called as a witness.

(b) The judge may appoint a person to keep order in the courtroom. Persons who disrupt the court proceedings or are disrespectful of the court may be ordered to leave the courtroom.

(c) Persons who violate this rule or any court orders intended to maintain order in the courtroom may be found in contempt of court.

3.01.008 Absence of Judge (Rule 8)

(a) In the event that the chief judge is disqualified from hearing a case, ill, or otherwise unavailable, the court administrator shall designate an associate judge to hear a particular case or to hear all cases during the chief judge's absence.

(b) In the event that all judges of the tribal court are unavailable, the tribal council shall appoint a judge or judges to serve temporarily as associate judges. The appointment shall be for a specified period no longer than six months.

3.01.009 Compelling Witnesses to Appear (Subpoena) (Rule 9)

(a) Any party to a lawsuit or proceeding in Skokomish Tribal Court shall have the right to compel witnesses to appear in court on his or her behalf.

(b) Upon request of a party or of a judge, the court shall issue a summons which commands a named person to appear in court and/or to bring certain evidence or documents to court.

(c) The clerk may sign and issue summonses for witnesses if they are to be served within the Skokomish Reservation. In all other situations, the summonses shall be issued by and include the signature of a judge.

(d) Every summons commanding a witness to appear shall be in writing and shall include the name of the court, 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.

(e) A summons issued as provided in this rule shall be delivered to the witness by a person named by the court for that purpose. The summons may be delivered either by giving it to the witness directly or by leaving it at the witness's residence or place of employment with a person at least 14 years old who lives or works there.

(f) A person who delivers a summons to a witness shall promptly file with the clerk a copy of the summons and a written signed statement describing where, when, and how delivery was made.

(g) Failure of a witness to obey a summons shall be grounds for holding the witness in contempt of court.

(h) A witness who responds to a summons shall be entitled to a fee of $10 for each day that he or she must appear in court. The judge may, in addition, order that the witness be paid reasonable travel and living expenses incurred in responding to the summons.

3.01.010 Costs (Rule 10)

(a) Upon judgment, the judge shall order the losing party to pay the prevailing party the costs of the lawsuit or prosecution unless the applicable ordinance provides otherwise or the judge determines that such an order would be unjust. Costs shall not be imposed on the Skokomish Tribe or any branch of the tribe unless specifically permitted by an applicable tribal law or agreement.

(b) Costs shall include civil filing fees, any costs of delivering complaints and summonses, postage for court notice sent to the parties, and fees and expenses paid to witnesses and jurors but shall not include attorney's fees and the costs to each party of reproducing and delivering to other parties copies of pleadings other than the original summons.

3.01.011 Contempt of Court (Rule 11)

(a) Any person who is found by a tribal judge to have committed one of the following acts may be declared in contempt of court and punished by a fine no greater than $500 or by imprisonment no longer than six months or both:

(1) Disobedience of a lawful court order, including a summons to appear as a witness and a summons to serve as a juror;

(2) Violent or disorderly conduct in the courtroom while court is in session;

(3) Repeated, willful disregard of court procedures demonstrating utter lack of respect for the court's authority and function.

(b) If a person charged with contempt of court commits the acts on which the charge is based in the presence of the judge, the judge may find the person guilty of contempt at the time of the act. In all other cases, the person shall be prosecuted according to the rules of criminal procedure for the Skokomish Tribal Court.

3.01.012 Achieving the Court's Purpose (Rule 12)

(a) Whenever the tribal court has jurisdiction over a person and subject, it shall also have the power to use reasonable means to protect and carry out its jurisdiction. If the means to enforce its jurisdiction are not spelled out in these rules or in the tribal code, the court may use any appropriate procedure that is fair and consistent with the spirit of the tribal law which is being applied.

(b) The rules of procedure for the Skokomish Tribal Court shall be liberally interpreted and applied to achieve the following purposes: revealing the truth, treating all parties fairly and without prejudice, protecting individual rights guaranteed by the Indian Civil Rights Act and the Skokomish tribal constitution, resolving disputes efficiently.

(c) As long as a party does not waive unknowingly a right or protection guaranteed by tribal law, the parties and the court may agree to depart from procedures established in these rules in order to save time and expense while achieving the purposes of these rules and the tribal laws.

(d) In a situation where the rules of the tribal court do not prescribe a procedure, the parties and the judge may agree on a procedure or the judge may determine the procedure which will be followed.

(e) Judges and the administrator of the tribal court have a duty to tell the Skokomish tribal Council which additional rules are needed to govern common procedural questions faced by the court.

Rules Governing Representatives

3.01.020 Right to Representation (Rule 20)

Any party or person who appears in Skokomish Tribal Court may be represented by a lawyer or a spokesperson as long as the representative has applied for and been granted permission to represent persons in the court. The judge may appoint someone to represent a party or a witness if that person would be seriously prejudiced or handicapped by appearing without a representative and cannot afford to hire a representative.

3.01.021 Permission to Appear as Representative (Rule 21)

(a) Any person at least 18 years old who is of good moral character may appear as a representative in Skokomish Tribal Court as long as he or she has applied in writing for permission, has paid the admission fee, has read the constitution and ordinances of the Skokomish Tribe and the Rules of the Skokomish Tribal Court, has been certified by the chief judge as qualified to appear, and has taken an oath to uphold the tribal constitution.

(b) Before a person is permitted to appear as a representative in the tribal court, he or she shall state before the chief judge: I have read and understand the tribal constitution, ordinances, and rules of the Tribal Court. I will obey the rules of the court, will uphold the tribal constitution, will respect the judges and officers of the tribal court, will not raise any claims or defenses which do not appear to be honestly debatable and just, and will be truthful at all times.

3.01.022 Admission Fee (Rule 22)

In order to cover the cost of maintaining a list of representatives permitted to appear in tribal court and the cost of reproducing the tribal code, every person who is permitted to appear as a representative shall be charged an admission fee of $10.00.

3.01.023 Revocation of Permission to Appear (Rule 23)

(a) Any representative who breaks the promises which he or she made upon admission to practice in the tribal court may be barred from appearing in court either permanently or for a period set by the judge.

(b) When a representative is accused of violating his or her oath, the charges shall be written up in a complaint signed by the person who makes the accusation. The complaint shall be given or mailed to the accused representative and filed with the court. The representative shall be summoned to appear at a hearing before a judge of the tribal court who is not the complaining witness. The hearing shall be held no sooner than ten days and no longer than 30 days after the complaint and summons are delivered to the spokesperson. The decision of the judge after such hearing shall be final.

Rules of Judges' Conduct

3.01.030 Scope of Rules (Rule 30)

The following rules shall govern all judges of the Skokomish Tribal Court, including associate and temporary judges.

3.01.031 Contacts Outside the Court (Rule 31)

(a) Except in open court, a judge shall not discuss a case or any judicial business related to a case which the judge is assigned to with a party in that case, a party's representative, or any person who has an interest in the case, unless all parties are present.

(b) A judge shall avoid informal contacts with tribal police in which judicial business is discussed.

(c) A judge shall not seek advice or opinions from other persons including judges and lawyers, regarding the merits of a particular case. A judge may, however, discuss general principles affecting cases and hypothetical examples with other judges and lawyers.

3.01.032 Conflicts of Interest (Rule 32)

(a) A judge should disqualify himself or herself from hearing a case in which a close relative is a party or witness.

(b) A judge should disqualify himself or herself from hearing a case in which the judge has interests which may be affected by the outcome, has formed an opinion about the merits of the case, or has personal knowledge of facts which would prevent him or her from considering all sides impartially.

3.01.033 Fairness and Diligence (Rule 33)

(a) A judge shall respect and comply with tribal, federal, and state law and always conduct himself or herself in such a way as to promote respect for the law.

(b) A judge shall not let social relationships, his or her political or religious views, or criticism or praise influence the decisions he or she makes in court.

(d) A judge shall maintain order in the courtroom.

3.01.034 Independence (Rule 34)

(a) A tribal judge shall not engage in outside activity which would be inconsistent with the tribal court's status as an independent government branch. In particular, the judge shall not participate as a legislator or administrator in the tribal government.

(b) A judge shall not be swayed by public criticism or clamor regarding his or her official actions.

(c) A judge shall make no public comment on matters pending before the court except in the course of official proceedings.

Rules of Evidence

3.01.040 Purpose (Rule 40)

The purpose of these rules of evidence is to ensure that the tribal court is able to determine the truth of a matter with a minimum of delay, confusion, and uncertainty.

3.01.041 General Rule (Rule 41)

(a) The rules of evidence used in state and federal courts shall not apply to hearings in the Skokomish Tribal Court. But where there is more than one kind of evidence about the same subject, the judge should hear the most reliable kind of evidence. In oral testimony, persons who testify from their personal knowledge, such as first-hand observation of or participation in the event described, shall be preferred as witnesses to persons who have second-hand knowledge of the event.

(b) Evidence admitted in the tribal court must be related either to the issues before the court or to the weight and credibility which should be given to other evidence. When questioned by the judge or another party, the party who wishes to present certain evidence shall explain why he or she thinks the evidence is relevant. In a jury trial, the judge may hear argument out of the jury's presence about whether to admit challenged evidence in order to avoid prejudice to the objecting party.

(c) When the relevance or reliability of evidence is challenged and the judge decides whether or not to use the evidence, the judge shall explain the decision and, if the evidence is used, state what importance the judge assigns to the evidence.

(d) The judge may take notice of facts which are a matter of official public record, even if no party introduces them into evidence.

3.01.042 Self-Incrimination (Rule 42)

(a) The defendant in a criminal prosecution shall not be made to testify against his or her will. However, incriminating statements which the defendant made voluntarily out of court may be presented in court.

(b) If a defendant in a criminal prosecution chooses to testify on matters other than those related to his or her guilt or innocence, cross-examination shall be limited to the areas of defendant's testimony and to matters which indicate defendant's credibility.

(c) Every person who appears as a witness in Skokomish Tribal Court has the right to refuse to answer a question if the answer may tend to incriminate the witness.

3.01.043 Oaths (Rule 43)

Before testifying in the tribal court, every witness shall first state before the judge, parties and spectators that he or she will answer with the truth and nothing but the truth.

3.01.044 Questioning Witnesses (Rule 44)

(a) When questioning a witness, the judge and parties or their representatives shall not ask questions in such a way as to suggest the answer desired, unless the witness is being cross-examined or is clearly hostile to the person asking questions.

(b) The judge shall determine the order in which parties or their representatives shall be allowed to question witnesses. The judge shall protect the witnesses from harassment or unnecessarily repetitive questioning.

(c) During the questioning of a witness, the judge may exclude witnesses who have not yet testified from the courtroom if this seems necessary to ensure that all witnesses will give truthful testimony.

(d) The judge may call and/or question any witnesses on his or her own initiative.

3.01.045 Written Testimony (Rule 45)

(a) Testimony of a witness may be presented in written form if the witness is unable to appear in person to testify, if the evidence presented in writing is not contradicted by other parties, or if the written testimony is offered to support a motion or an uncontested request for relief. Written testimony should show clearly who gave it and when the witness gave it. Testimony should be given under oath if possible.

(b) Copies of written records, photographs, and other documentary evidence may be presented as long as there is a reasonably reliable way to identify the items.

Rules of Civil Procedure

3.01.050 Limitation on Actions (Civil Rule 50)

(a) A civil lawsuit in Skokomish Tribal Court must be started no later than one year after the injury, breach of agreement, or other event which gives the plaintiff a basis for the suit.

(b) The year within which a civil lawsuit must be filed shall be counted from the date on which the injury or breach was first known to the injured party or should have been known to a reasonably aware person.

(c) For the purpose of meeting the deadline set in this rule, a civil suit is started when the complaint is filed with the clerk of the court.

3.01.051 Commencement of a Lawsuit (Civil Rule 51)

(a) A person who wishes to bring a civil lawsuit in Skokomish Tribal Court shall first file with the clerk a written complaint which describes the injury or breach at issue, names or describes the persons responsible for such injury or breach, and states the relief requested. Plaintiff shall sign the complaint. The clerk may assist plaintiffs in putting their complaints in writing.

(b) Within 30 days after plaintiff files a civil complaint, plaintiff shall cause a copy of the complaint, together with a notice that the defendants must respond within 20 days, to be delivered to all defendants named in the complaint. The complaint must be delivered by a person who has no stake in the outcome of the lawsuit. It may either be delivered by giving it to the defendant directly or by leaving it at defendant's residence or place of employment with a person at least 14 years old who lives or works there.

3.01.052 Jurisdiction (Civil Rule 52)

(a) The Skokomish Tribal Court shall have jurisdiction over all causes of action arising within the exterior boundaries of the Skokomish Indian Reservation, over all parties to such actions, and over the personal property of all parties to such actions.

(b) The Skokomish Tribal Court shall have jurisdiction over all causes of action arising outside the boundaries of the Skokomish Reservation, to the fullest extent authorized by Treaty or Federal law, at the tribe's usual and accustomed fishing grounds and stations, on open and unclaimed lands reserved to the tribe by treaty for hunting and gathering, and on lands and waters which are used for access to fishing, hunting, and gathering territories, over all parties to such actions, and over the personal property of all parties to such actions.

3.01.053 Defenses (Civil Rule 53)

(a) Within 20 days after defendant receives a copy of a civil complaint, he or she must contact the court clerk and state whether he or she will appear in court to respond to the complaint. Defendants are encouraged but not required to submit a written answer to the complaint. If defendant does not submit a written answer, he or she should explain to the clerk the nature of the defense which will be presented; and the clerk shall then enter in the case file a notation describing defendant's answer.

(b) In addition to or as a way of raising a defense to the complaint, defendant may counterclaim against plaintiff, where appropriate, as long as the injury which defendant complains of occurred on the Skokomish Reservation.

3.01.054 Default (Civil Rule 54)

(a) Failure of a defendant to answer within 20 days after a complaint is delivered shall be a default and provide grounds for judgment against defendant as asked for in the complaint. No judgment of default shall be made, however, unless the plaintiff makes a written motion for a default judgment and serves a copy of the motion on defendant(s) in the same manner as the complaint was served. The motion for default judgment shall state a time, no sooner than three days after service of the motion, when plaintiff will present the motion to the judge. If defendant answers at or before the time that the motion is presented, no default judgment shall be granted.

(b) In granting a default judgment, the judge may refuse to grant relief requested by plaintiff if granting the relief would be contrary to tribal law or would be unjust. The judge may not grant plaintiff greater relief on default than was requested in the complaint.

3.01.055 Pre-trial Conference (Civil Rule 55)

(a) In the interest of saving time, simplifying issues, and avoiding unnecessary litigation, the judge may schedule a pre-trial conference with all parties in each civil case. In general, the pre-trial conference should be held early enough to aid parties in planning for trial and pre-trial discovery. Where urgent questions require that a case be heard quickly, the pre-trial conference may be held just before trial.

(b) The pre-trial conference shall be held in an informal setting and shall be conducted without formal procedures. The parties and the judge should discuss areas where the parties are in agreement and areas where they disagree. The discussion shall have the following purposes:

(1) To identify and dispose of issues which may be resolved without trial:

(2) To narrow and focus issues of law which remain to be decided and to identify central facts which are still in dispute;

(3) To limit the number of witnesses and the evidence which will be presented so that testimony is not repetitious or irrelevant.

(c) No offer of settlement which is made by a party during a pre-trial conference may be used as evidence against that party if settlement is not then achieved. Agreements reached as a result of a pre-trial conference shall be put in writing and signed by all parties. Such agreements shall be made part of the final judgment issued by the judge.

3.01.056 Motions (Civil Rule 56)

(a) Any questions regarding procedure or the rights of the parties which arise during a lawsuit and which are neither covered by these rules nor settled by agreement of the parties may be represented to the judge in a motion.

(b) Motions may be made in writing or orally. A party who makes a motion must notify other parties of the nature and basis of the motion. If the motion is not made during and as a consequence of events at a trial or other hearing, the moving party shall notify other parties of the motion and hearing time at least five days before the motion is presented in court.

(c) Motions to dismiss the lawsuit because the court lacks jurisdiction or because the plaintiff has not stated a basis for relief may be made at any time. All other motions which, if granted, could eliminate the need for trial of all or some issues and motions which would determine the procedures used at trial should be made at least ten days before trial. The judge may keep a party from making a motion which could and should have been made early in the case if it appears that the moving party knew or should have known earlier about the basis for the motion and has raised it late because of negligence or an intent to harass the other party.

3.01.057 Order of Trial (Civil Rule 57)

(a) At trial of a civil case, presentations shall be made in the following order unless otherwise agreed by the parties or determined at the pre-trial conference:

(1) Motions by either party regarding procedure at trial, evidence to be presented, jurisdiction of the court, or the sufficiency of a claim;

(2) Evidence and statements presented by the party who filed the original complaint;

(3) Evidence, statements, or motions presented by defendant(s);

(4) Motions of either party which are based on events at trial;

(5) Final remarks by both parties.

(b) The judge may announce a final decision at the close of trial or may issue a written decision at a later time.

3.01.058 Burden and Standard of Proof (Civil Rule 58)

(a) Unless otherwise provided in the applicable ordinance, the burden of proving a civil claim shall be on the party who makes the claim.

(b) Unless otherwise provided in the applicable ordinance, a party shall be considered to have met the burden of proof if most of the evidence presented tends to prove that party's claim.

3.01.059 Amendment, Withdrawal, Dismissal of the Complaint (Civil Rule 59)

(a) A complaining party may change the complaint without court permission any time before the responding party answers, as long as a copy of the changed complaint is delivered to all parties. After the defendant answers, the judge may allow plaintiff to change the complaint as long as the change does not prejudice or unreasonably burden defendant.

(b) The judge shall allow plaintiff to withdraw the complaint and shall dismiss the case any time plaintiff requests unless the defendant has counterclaimed against plaintiff or dismissal of the case would otherwise prejudice the defendant. The judge may order a plaintiff who withdraws a complaint to pay all costs of the suit.

3.01.060 Discovery (Civil Rule 60)

(a) The truth will be revealed more readily if all parties in a civil case have access to all information and evidence related to the case. In preparation for trial, therefore, the parties may ask each other for and shall then make available to each other all information in each other's possession or control which can reasonably be expected to lead to admissible evidence.