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to Table of Contents Chitimacha
Comprehensive Codes of Justice and Chitimacha Indian Tribal Court "Rules
of Court"
[Last Amended: April 15, 2003.] Originally Adopted by the Chitimacha Tribal Council, Chitimacha Tribe of Louisiana, December 5, 1989, Effective August 14, 1990; Rules of Court - 1990 CHITIMACHA
INDIAN TRIBAL COURT
P.O.
BOX 610 "RULES
OF COURT"
RULE 1. PLEADINGS, FILINGS, AND WITHDRAWAL OF FILES 1.01 Place of Filing. All filings shall be made with the office of the clerk.
All papers drafted for filing in this court shall be on 81/2 by 11 inch paper, plainly written or printed without defacing erasures or interlineations, and shall be double spaced, except that quotations and footnotes may be single spaced. If a jury demand is made in the document, the caption shall contain words indicating that a demand for jury trial is being made therein. Judgments must be on a separate sheet of paper and shall bear the caption of the action. Orders must also be on a separate sheet of paper and shall bear the caption of the action.
Every pleading, motion, or other paper presented for filing shall be signed personally by counsel or the party themself, in his or her individual name. In addition, the pleading shall include the name, address, and telephone number, typed or printed under his or her signature. Documents filed by a party not represented by counsel shall be signed by the party. The party's name, address and telephone number shall be typed or clearly printed. Each attorney and pro se litigant has a continuing obligation to apprise the court of any address change.
If a law firm or more than one attorney represents a party, one attorney will be designated in the first pleading filed on behalf of that party as "Trial Attorney" or "T.A.". This attorney may, but need not, be the attorney who personally signs pleadings. The designated trial attorney will be responsible for the case and all notices and other communications with respect to it will be directed to the designated trial attorney, or to local counsel in the event a visiting attorney is designated as trial attorney. The designation of the trial attorney may be changed at any time by ex parte motion. If a party desires to change the trial attorney, the new trial attorney will be promptly designated.
Whenever a civil matter, commenced in or removed to the court, involves subject matter that either comprises all or a material part of the subject matter or operative facts of another action, whether civil or criminal, then pending before this or another court or an administrative agency, or previously dismissed or decided by this court, counsel shall append on a separate sheet of paper, to the front of the complaint, a list and description of all such actions then known to counsel and a brief summary of the relationship. If information concerning any such action or proceeding is obtained subsequent to the filing of the original pleading in the latter case, it shall be the duty of counsel obtaining such information to notify the court and opposing counsel in writing of the information so received in the same manner.
Unless otherwise ordered by the court, where cases are consolidated, whether for trial only or otherwise, the caption of all papers filed after consolidation shall list first the name and docket number of the lowest numbered `` case in the group, with words indicative of the consolidation. This shall be followed by a listing of the names and docket numbers of only those cases to which the paper applies. Attorneys shall furnish copies of papers filed according to the number of cases to which the papers apply. The caption of the lowest numbered case will serve as the identifying caption during 3 the pendency of the consolidation and will continue to be used even if that particular case is closed.
Unless otherwise ordered by the court, the clerk may refuse to accept pleadings or other documents not conforming to the provisions of these rules.
Every pleading and every brief or memorandum filed in any proceeding in this court shall bear a certificate by the attorney or party who files it that, prior to filing, copies have been served on all parties or their attorneys, either in person or by mailing it postage prepaid, properly addressed. This certificate may be by rubber stamp or typing, or it may be contained in the text of the pleading.
Files in the office of the clerk may be removed from it only: A. for the use of the court; B. with leave of court or permission of the clerk first obtained. RULE 2. MOTIONS 2.01 Motion Days. Motions will be designated for hearing by order of the individual judge to whom the action is allotted. The court considers contradictory motions requiring action by the court after hearing evidence and other matters required by law or court order to be heard and determined summarily. Oral argument will be allowed when requested by a party, or at the discretion of the trial judge. All other motions will be decided by the court on the basis of the record, including timely filed briefs and any supporting or opposing documents filed therewith.
All motions except those made during a hearing or trial which is being properly recorded into the court record shall be made in writing. Each motion and its accompanying documents shall be filed in duplicate; one copy is for the record and the other is for the use of the hearing judge. Papers filed with the motion are thereby made a part of the record. If the court decides not to hear oral argument in a specific case, involved counsel will be timely notified.
The moving party shall submit and serve opposing parties with a copy of the motion and memorandum. Except if a party is unrepresented and the court waives said requirement, all motions shall be accompanied by a memorandum commonly referred to as a "Memorandum in Support", which shall contain (1) a concise statement of reasons in support of the motion, and (2) citations of the authorities on which he relies or copies of these authorities. If the motion requires the consideration of facts not appearing of record, the movant shall also file with the clerk and serve upon opposing counsel a copy of all documentary evidence he or she intends to submit in support of the motion. Memoranda may not be supplemented except with leave of court first obtained.
An application for an order, allowed by these rules to be submitted ex parte or by consent, need not be noticed for hearing as described above, but shall instead be accompanied by a proposed order. Except as otherwise ordered in an individual case, every such application shall be submitted to the judge through the clerk.
All motions listed below, while not required to be accompanied by a memorandum, must state the grounds therefor and cite any applicable rule, statute, or other authority justifying the relief sought. No memorandum or hearing is required by either movant or respondent, unless otherwise directed by the court, with respect to the following motions: (1) For extension of time for the performance of an act required or allowed to be done, provided, request therefor is made before the expiration of the period originally prescribed or as extended by previous orders; (2) to continue a pretrial conference, hearing, motion, or the trial of an action; (3) to add additional parties; (4) to amend pleadings; (5) to file supplemental pleadings; (6) to appoint next friend or guardian ad litem; (7) to intervene; (8) for substitution of parties; (9) joint motions to dismiss or consolidate; and (10) to withdraw as counsel; (11) Small claims filed by unrepresented parties where the amount in dispute is less than $10,000.00. A proposed order shall accompany each motion filed under this paragraph.
Each party opposing a motion shall file in duplicate, a memorandum of the reasons advanced in opposition to the motion and a list of citations of the authorities upon which the opponent relies or copies of these authorities no later than the five days prior to the noticed hearing date and shall at the same time serve a copy thereof on the opposing parties. The opposition memorandum, in duplicate, must be in the hands of the judge who will hear the motion no later than the day such memorandum is due to be filed. A copy of the memorandum will be delivered to opposing counsel in the same fashion in which delivery to the judge is made. If the motion requires the consideration of facts not appearing of record, counsel shall also serve, and shall submit with each copy of his/her opposition, copies of all documentary evidence that he/she intends to submit in opposition to the motion. No supplemental opposition memoranda may be filed except with leave of court first obtained.
Prior to filing any motion for leave to intervene, to amend pleadings or to file a third-party complaint, the moving party shall attempt to obtain consent for the filing and granting of such motion from all parties having an interest to oppose. If such consent is obtained, the motion shall not be noticed for hearing but thereafter shall be filed, accompanied by a proposed order, with a statement of the consent of opposing counsel. No such motions, when required to be noticed for hearing, shall be accepted for filing unless accompanied by a certificate of counsel for the moving party to the effect that opposing counsel have refused to consent to the filing and granting of such motion. If the court finds that opposing counsel does not have a good faith reason for failing to so consent, the court may impose such sanctions as it deems proper.
Every motion for summary judgment shall be accompanied by a separate, short and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried.
Each copy of the papers opposing a motion for summary judgment shall include a separate, short and concise statement of the material facts as to which there exists a genuine issue to be tried. All material facts set forth in the statement required to be served by the moving party will be deemed admitted, for purposes of the motion, unless controverted as required by this rule.
All discovery shall be conducted as determined by the Court to the extent that it does not conflict herein with the Chitimacha Comprehensive Codes of Justice or the Tribal Constitution. No motion relative to discovery shall be accepted for filing unless accompanied by a certificate of counsel for the moving party, stating that counsel have conferred in person or by telephone for purposes of amicably resolving the issues and stating why they are unable to agree or stating that opposing counsel has refused to so confer after reasonable notice. Counsel for the moving party shall arrange the conference. A proposed order shall accompany each motion filed under this paragraph. If the court finds that opposing counsel has willfully refused to meet and confer, or, having met, willfully refused or failed to confer in good faith, the court may impose such sanctions as it deems proper.
Objections to interrogatories and to requests for admission, and objections to the answers to them, shall set forth in full, immediately preceding each answer or objection, the interrogatory, request or answer to which objection is being made. RULE 3. DISCOVERY MATERIALS All discovery shall be conducted in a manner to be determined by the Court to the extent that it does not conflict herein with the Chitimacha Comprehensive Codes of Justice or the Tribal Constitution. 3.01 Non-filing of Disclosure, Discovery Requests and Responses, Retention by Requesting Party. Disclosure, Interrogatories, Answers thereto, Requests for Production or Inspection, Requests for Admissions, and responses thereto shall be served upon other counsel or unrepresented parties, but shall not be filed with the court, unless the court orders that such materials be filed. Notices of depositions may be filed with the court, but depositions shall not be filed unless otherwise authorized. The party preparing and responsible for service of the disclosure or discovery material shall retain the original and become the custodian of any such non-filed materials.
If there is a disagreement concerning discovery concerning any disclosure, interrogatories, requests for production or inspection, requests for admissions, answers to interrogatories or responses to requests for admissions, copies of the portions of the disclosure, interrogatories, requests, answers or responses in dispute shall be filed with the court contemporaneously with any such motion. If disclosure or pretrial discovery materials will be used at trial or are necessary to a pretrial motion which might result in a final order, the portions to be used shall be filed with the clerk at the outset of the trial or at the filing of the motion insofar as their use can be reasonably anticipated. Nothing in this rule is intended to preclude use of disclosure or discovery materials for impeachment if the attorney could not reasonably anticipate that it would be used at trial.
This rule shall not be construed so as to preclude the filing of any of the aforesaid disclosure or discovery materials as exhibits or as evidence in connection with a motion or at a trial.
When documentation of disclosure or discovery not previously in the record is needed for appeal purposes, upon an application and order of the court or by stipulation of counsel, the necessary disclosure or discovery papers shall be filed with the clerk. RULE 4. BRIEFS Except with permission of the judge, no brief shall exceed 15 pages in length, exclusive of pages containing a table of authorities or a table of contents, and no reply brief shall exceed 10 pages. Any brief exceeding 10 pages shall contain (1) a table of contents with page references and (2) a table of cases (arranged alphabetically), statutes and other authorities cited, with references to the pages of the brief where they are cited. RULE 5. FEES AND COSTS 5.01 Memorandum of Costs. Within 30 days after receiving notice of entry of judgment, unless otherwise ordered by the court, the party in whose favor judgment is rendered and who claims and is allowed costs, shall serve on the attorney for the adverse party and file with the clerk a notice of application to have the costs taxed, together with a memorandum signed by the attorney of record and stating that the items are correct and that the costs have been necessarily incurred.
The party applying for taxation of costs shall notice the matter for hearing before the Court.
Specific objections may be made at anytime prior to the hearing to any item of costs. If no objection is made then the Court shall cause the clerk to thereupon tax the costs.
In any civil matter, the court, on motion or its own initiative, may order any party to file a bond which is acceptable to the court for costs or additional security for costs in such an amount and so conditioned as it may designate. RULE 6. EVIDENCE 6.01 Applicable laws. Under Title IV Section 501 of the Chitimacha Comprehensive Codes of Justice, the Court shall determine the admissibility and applicability of any evidence sought to be received. RULE 7. TRIAL EXHIBITS 7. 01 Custody. After being received m evidence, all exhibits shall be placed m the custody of the clerk, unless otherwise ordered by the court.
All exhibits in the custody of the clerk shall be removed within 30 days of the final disposition of the case. The party offering exhibits shall be responsible for their removal and shall give a detailed receipt for the clerk's records. If the parties or their attorneys fail or refuse to remove exhibits within 30 days, the exhibits may be destroyed or otherwise disposed of by the clerk.
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