The Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation
TITLE XV - PRETRIAL PROCEDURES CODE
established in this Pretrial Procedures Code are intended to establish
a means whereby both civil and criminal disputes can be settled in the
traditional, customary Indian manner by discussion between the parties
before a trusted, impartial tribal authority prior to resorting to formal
trial procedures adopted from the non-Indian society and incorporated
as a part of tribal law. The procedures require that formal court authority
be invoked by the filing of a complaint, but anticipate that a great percentage
of cases can be settled by traditional and customary means, administered
thereafter by the Tribal Court. The procedures set forth herein shall
not be interpreted or applied to deny any person any right otherwise guaranteed
by Tribal or Federal law.
established in this code shall apply in all cases, both civil and criminal,
if, at the appropriate times referred to herein, there are two or more
judges of the Tribal Court holding office and available to participate
as provided herein.
§15-1-3. Civil Cases.
A pretrial conference as provided herein shall be held in all civil cases once the case is at issue.
conference as provided herein shall be held in all criminal cases once
the case is at issue by virtue of the Defendant entering a plea of not
guilty to a Complaint.
§15-1-4. Criminal Cases.
Not less than
two weeks prior to the scheduled trial date of a civil or criminal case,
or at such other time prior thereto as the Chief Judge shall order, a
pretrial conference shall be held as provided herein.
and all defendants shall be required to attend the pretrial conference
in a civil case. The parties may, upon obtaining the advance consent of
the judge assigned to conduct the pretrial conference, bring with them
such other persons, not including their attorney, advocate or lay counselor,
as will tend to further the resolution of the issues of the case.
§15-1-6. Attendance - Civil Cases.
complaining witness, arresting officer and such other witnesses as either
side may desire to summon shall be required to attend the pretrial conference
in a criminal case. Upon obtaining the advance consent of the judge assigned
to conduct the pretrial conference, either side may summon other persons,
not including the prosecuting or defense attorneys, advocates or lay counselors,
as will tend to further the resolution of the issues of the case and the
proper disposition of the defendant should guilt be admitted. Such other
persons may, but need not include the defendant's spouse or other family
members, and any social workers, probation officers or similar persons
having professional training.
§15-1-7. Attendance - Criminal Cases.
summoned to appear at a pretrial conference who shall fail to appear shall
be subject to being charged for failing to obey the lawful order of the
Court and/or, if a party to the action, having the case summarily determined
§15-1-8. Failure to Appear; Penalties.
be no record or transcript made of the proceedings at the pretrial conference
nor shall any statement made therein by any person be used for any purpose
should the case ultimately come to trial. If agreement is reached on some
or all of the issues presented in the case, such agreement shall be recorded
by the judge conducting the pretrial conference, or court clerk at his
direction, and may be embodied in a final or interlocutory order or judgment
or in a pretrial order prepared to govern the conduct of any trial subsequently
§15-1-9. Conduct of Pretrial Conference.
as provided herein shall not be open to the public nor shall professional
attorneys, advocates or lay counselors be allowed to attend as representatives
of the parties or otherwise (unless parties themselves).
§15-1-10. Attorneys and Public.
conducting the pretrial conference shall listen to the positions of the
parties and attempt to work out a settlement of all or some of the issues
of the case. Such settlement shall not be inconsistent with the laws,
ordinances, customs and traditions of the Tribe.
§15-1-11. Judge's Function.
In the event
a settlement of the case is worked out, the judge conducting the pretrial
conference shall cause a record to be made of such settlement by means
of an order or judgment entered in the record of the case. In the event
that some of the issues are not agreed to the judge shall cause a pretrial
order to be prepared stating what issues have been settled and what issues
remain to be died and such pretrial order shall supercede the pleadings
for purposes of framing the issues for trial. The pretrial order may also
contain agreements, stipulations, or orders by the court as to the production
of witnesses and evidence and the conduct of discovery before trial. If
trial appears necessary, the court clerk shall, at the time of the pretrial
conference, obtain the names of all persons to be subpoenaed as witnesses
and prepare and arrange for service of the necessary subpoenas.
§15-1-12. Disposition of Cases.
of any issue in a civil case shall be made at the pretrial conference
except with the voluntary agreement, taken by the judge conducting the
pretrial conference, of all parties involved in the determination of the
issue. No settlement of any issue in a criminal case shall be made at
the pretrial conference except with the voluntary agreement, taken by
the judge conducting the pretrial conference, of the defendant. The defendant
in a criminal case shall be afforded the opportunity to consult with counsel
of his choosing (and at his own expense) if he so desires, prior to agreeing
to any judgment or order settling the case or any issue thereof or agreeing
to a pretrial order.
§15-1-13. Voluntary Agreements.
in a criminal case summoned to a pretrial conference shall be required
to attend but shall not be required to testify, cooperate or otherwise
participate in the pretrial conference. The judge conducting the pretrial
conference in a criminal case shall explain these matters to the defendant
at the beginning of the conference and shall, if a settlement involving
an admission of guilt is reached, determine the voluntariness of the agreement
and determine that the defendant understands the rights heir giving up
to the same extent as would be determined by the Court if a guilty plea
had been offered originally. If a defendant in a criminal case indicates
his unwillingness to cooperate, no further discussion or proceeding need
§15-1-14. Criminal Defendants.
not settled either in whole or in part at the pretrial conference shall
be scheduled for trial and a trial held before a judge, other than the
judge conducting the pretrial conference, as if no such pretrial conference
had been held, except that any pretrial order agreed to by the parties
prior to the trial shall be controlling at the trial. The
Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray ReservationReceived:
§15-1-15. Unsettled Cases.