Section PRP.05.29 — Evidence

Evidence in proceedings under this Ordinance shall be according to the following provisions:

(a) All evidence may be admitted which can be shown to the relevant and material to the case.

(b) Fairness will dictate the decision of the judge on challenges to admissibility of evidence.

(c) The Court may avail itself of any recognized and authoritative materials, books or documents as guidance in reaching a decision on the admissibility of evidence.

(d) Evidence of customs and traditions of the Tribes shall be freely admitted.

(e) Hearsay objections will not be permitted to procedurally deny the Court access to reasonably reliable information which would aid in reaching a just decision. Where a hearsay objection is made, the Court will make an independent determination of the competency of the evidence which is sought to be offered. Objections may be overruled where facts indicate that the evidence is relevant and material and reasonably competent under the circumstances. Hearsay evidence may be freely admitted where all parties to the out of Court statement are present before the Court and qualified to testify as to the statement made.

(f) At the discretion of the Judge, evidence may be excluded if its value as proof is outweighed by the risk that its admission will create a substantial risk of undue prejudice, confuse the issues or mislead the jury, or unfairly surprise the opposing party.

(g) Upon request of a party, the Court may take judicial notice of specific facts which are so certain as not to be subject to reasonable dispute.