The Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation, Title XV

The Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation

Received: 1988

TITLE XV - PRETRIAL PROCEDURES CODE

15-1-1. Intent.

The procedures 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.

15-1-2. Applicability.

The procedures 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.

15-1-4. Criminal Cases.

A pretrial 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.

15-1-5. Time

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.

15-1-6. Attendance - Civil Cases.

All plaintiffs 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.

15-1-7. Attendance - Criminal Cases.

The defendant, 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.

15-1-8. Failure to Appear; Penalties.

Any person 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 against him.

15-1-9. Conduct of Pretrial Conference.

There shall 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 held.

15-1-10. Attorneys and Public.

Pretrial conferences 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).

15-1-11. Judge's Function.

The judge 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.

15-1-12. Disposition of Cases.

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.

15-1-13. Voluntary Agreements.

No settlement 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.

15-1-14. Criminal Defendants.

A defendant 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 be held.

15-1-15. Unsettled Cases.

All cases 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: 1988