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Minnesota Chippewa Tribe - Leech Lake Band - Tribal Code

 

Title 2. Rules of Procedure
Part VI. Trials

Rule 28. Pre-Trial Conference

Rule 29. Presence of Parties and Witnesses

Rule 30. Postponement

Rule 31. Consolidation and Separation of Action

LLOjibwe JCT2 ROP Rule 28
Rule 28. Pre-Trial Conference

The Court may hold conferences with the parties, or their counsel when the party is represented. Notice of the time, place and purposes of a conference shall be given far enough in advance to allow all parties to attend. The purposes of a conference may be to foster a resolution of the action without trial, to schedule discovery, motions and hearings to expedite the action, and to formulate a plan for the trial, identifying witnesses to be called, evidence to be presented, unresolved factual and legal issues, and for discussion of any other matter among the parties. A party may be sanctioned for failing to attend a conference if they received at least ten (10) calendar days notice and do not show good cause for failing to attend.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 28, LLOjibwe JCT2 ROP Rule 28



LLOjibwe JCT2 ROP Rule 29
Rule 29. Presence of Parties and Witnesses

A. Subpoenas.

Subpoenas may be used to require a witness to appear and give testimony. If a party wishes to have a subpoena issued by the Court, he/she shall furnish a properly prepared subpoena including information necessary for service at least ten (10) calendar days before trial. Service shall be completed at least three (3) calendar days prior to hearing or trial. The requesting party shall present the properly prepared subpoena to the Court for signature in time to ensure proper service before the hearing or trial and shall return proof of service to the Court prior to the trial. If a party does not timely request a subpoena, he/she shall not be entitled to a postponement because of the absence of the witness. If the subpoena has been timely issued, the Court may, in its discretion, postpone the hearing or trial. A person who fails to appear after being subpoenaed may be held in contempt of court.

B. Notice.

At all times the parties shall use diligent efforts to notify witnesses subpoenaed to appear in sufficient time so that they might make arrangements needed to appear.

C. Witness Fees.

Witnesses who appear pursuant to a subpoena shall be paid a fee of ten dollars ($10) and mileage at the rate permitted per mile by the US Internal Revenue Service for income tax purposes. The party causing the subpoena to be issued is responsible for payment of the fee and mileage.

D. Failure to Appear.

If any party fails to appear at a hearing or trial for which they received proper notice, the case may be postponed or dismissed, a judgment may be entered against the absent party, or the Court may proceed to hold the hearing or trial.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 29, LLOjibwe JCT2 ROP Rule 29




LLOjibwe JCT2 ROP Rule 30
Rule 30. Postponement

The Court may postpone a trial upon the request of a party, upon agreement of all parties, or at the Court's discretion for good cause and on such terms as the Court deems just.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 30, LLOjibwe JCT2 ROP Rule 30




LLOjibwe JCT2 ROP Rule 31
Rule 31. Consolidation and Separation of Action

A. Consolidation.

When actions involving a common question of law or fact are pending before the Court, the Court may order a joint hearing or trial of any or all the matters in issue in the actions; may order all the actions consolidated; and may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

B. Separate Actions.

The Court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to judicial economy, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, or third-party claims, or issues.

Adopted November 21, 2000.

Leech Lake Ojibwe Jud. Code, T. 2, R. of Proc. Rule 31, LLOjibwe JCT2 ROP Rule 31

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