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1. Addition of Chapter 7-5, Elder and Adult Protection Act posted for comments 4/13/0; reposted for comments10/29/08 and 1/28/09
2. Emergency Amendment to Chapter 3-1 Fish and Wildlife, § 3-1-62 Intoxicating Beverage Possession and/or Consumption in Usual and Accustomed Fishing Areas authorized 5/26/09 deadline for comments due June 19, 2009 6:30p.
TABLE OF CONTENTS
TITLE 1
GENERAL PROVISIONS
CHAPTER 1-1 ADMINISTRATION OF TRIBAL COURT
PRELIMINARY PROVISIONS
§ 1-1-1 Definitions
§ 1-1-3 Constitutional Authority and Name
§ 1-1-4 Prior Inconsistent Ordinances and Code Provisions Repealed
§ 1-1-5 Principles of Construction
§ 1-1-6 Records of Court Open to Public Inspection; Exceptions
§ 1-1-7 Specification of Time for Action
§ 1-1-9 Scope and Extent
§ 1-1-10 Territorial Jurisdiction
§ 1-1-11 Original Jurisdiction
§ 1-1-12 Personal Jurisdiction
ESTABLISHMENT OF COURTS; JUDGES AND OTHER COURT PERSONNEL
§ 1-1-13 Establishment of Court
§ 1-1-14 Appointment and Number of Judges of the Nez Perce Tribal Judiciary
§ 1-1-15 Judges - Probationary Period; Selection and Training
§ 1-1-16 Eligibility of Persons to Serve as Judges
§ 1-1-17 Judges' Duties and Powers
§ 1-1-18 Removal of Judges for Cause
§ 1-1-19 Disqualification or Incapacity
§ 1-1-20 Nez Perce Court of Appeals
§ 1-1-22 Duties of the Court Clerk
§ 1-1-23 Indian Child Welfare Worker
§ 1-1-26 Selection of Jury Panel
§ 1-1-27 Time and Manner of Notification
§ 1-1-28 Exemption from Jury Service
§ 1-1-28a Exemption of Nez Perce Tribal Executive Committee Members from Jury Service
§ 1-1-29 List of Eligible Jurors
§ 1-1-30 Compensation of Jurors
§ 1-1-33 Jurors' Responsibilities
§ 1-1-34 Examination of Jurors
ATTORNEYS; LEGAL INTERNS; PROSECUTOR
§ 1-1-36 Attorneys - Admission
§ 1-1-37 Attorneys - Suspension
§ 1-1-38 Attorneys - Annual Fees
§ 1-1-39 Attorneys - Pro Hac Vice
§ 1-1-42 Nez Perce Tribal Prosecutor - Appointment and Duties
§ 1-1-43 Acts or Failures to Act Which Constitute Contempt of Court
CHOICE OF LAW
§ 1-2-3 Mediation and Hearings
CHAPTER 1-3 ALTERNATIVE DISPUTE RESOLUTION
§ 1-3-2 Matters Subject to Mediation
§ 1-3-4 Certification and Compensation of Mediators
§ 1-3-5 Selection of Mediator for Individual Cases
§ 1-3-8 Petition to Terminate Mediation
§ 1-4-4 Time Line/Coordination
§ 1-4-5 Elimination of BIA Review
CHAPTER 1-5 LIMITATIONS ON ACTIONS
§ 1-5-4 Statutory Liabilities, Trespass, Trover, Replevin, and Fraud
§ 1-5-5 Actions Against Officers, for Penalties, on Bonds, and for Professional Malpractice or for Personal Injuries
§ 1-5-6 Limitations Apply to Tribe
§ 1-5-7 Actions for Other Relief
§ 1-5-8 Action, when Commenced
§ 1-5-9 Persons under Disabilities
§ 1-5-10 Aliens in Time of War
§ 1-5-11 Reversal Judgment - New Action
§ 1-5-12 Action Stay by Injunction or Code
§ 1-5-13 Actions against directors and stockholders
CHAPTER 1-6 NEZ PERCE TRIBAL CIVIL RIGHTS ACT
§ 1-6-2 Civil Rights of Persons Within Tribal Jurisdiction
§ 1-7-4 Manner and Timing of Notice
§ 1-7-5 Tribal Participation Following Notice
§ 1-7-6 Information Sharing and Consultation
§ 1-7-7 Timeliness of Participation Determinations
§ 1-7-8 Failure to Give Notice Not Jurisdictional or Waiver of Rights
TITLE 2
RULES OF PROCEDURE
CHAPTER 2-1 RULES OF CRIMINAL PROCEDURE
GENERAL PROVISIONS
Rule 1. Definitions
Rule 2. Legal Conviction Necessary for Punishment
Rule 7. Arrest without a Warrant
Rule 11. Pleadings and Motions Before Trial; Defenses and Objections
Rule 16. Judgment and Sentencing
Rule 18. Right to Apply for Writ
Rule 19. Search and Seizure
Rule 21. Bail; Release without Bail; Confinement
Rule 23. Signing of Pleadings, Motions, and Other Papers
Rule 24. Service and Filing of Papers
CHAPTER 2-2 RULES OF CIVIL PROCEDURE
SCOPE AND PURPOSE OF RULES--ONE FORM OF ACTION
Rule 1. Scope of Rules
COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS
Rule 3. Commencement of Action
Rule 3.1 Inability to pay fees - Affidavit
Rule 4.1 Service of Other Process
Rule 5. Service and Filing of Pleadings and Other Papers
Rule 7. Pleadings Allowed; Form of Motions
Rule 8. General Rules of Pleadings
Rule 9. Pleading Special Matters
Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions
Rule 12. Defenses and Objections; When and How Presented; By Pleading or Motion; Motion for Judgment on the Pleadings
Rule 13. Counterclaim and Cross-Claim
Rule 15. Amended and Supplemental Pleadings
Rule 16. Pretrial Conferences; Scheduling; Management
Rule 17. Parties Plaintiff and Defendant; Capacity
Rule 18. Joinder of Claims and Remedies
Rule 19. Joinder of Persons Needed for Just Adjudication
Rule 20. Permissive Joinder of Parties
Rule 21. Misjoinder and Non-Joinder of Parties
Rule 23.1 Derivative Actions by Shareholders
Rule 23.2. Actions Relating to Unincorporated Associations
Rule 25. Substitution of Parties
Rule 26. General Provisions Governing Discovery; Duty of Disclosure
Rule 27. Depositions Before Action or Pending Appeal
Rule 28. Persons Before Whom Depositions May Be Taken
Rule 29. Stipulations Regarding Discovery Procedure
Rule 30. Depositions Upon Oral Examination
Rule 31. Depositions Upon Written Questions
Rule 32. Use of Depositions in Court Proceedings
Rule 33. Interrogatories to Parties
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 35. Physical and Mental Examinations of Persons
Rule 36. Requests for Admission
Rule 37. Failure to Make or Cooperate in Discovery; Sanctions
Rule 38. Jury Trial of Right
Rule 39. Trial by Jury or by the Court
Rule 40. Assignment of Cases for Trial
Rule 42. Consolidation; Separate Trials
Rule 44. Proof of Official Record
Rule 44.1 Determination of Foreign Law
Rule 46. Exception Unnecessary
Rule 47. Special Verdicts and Interrogatories
Rule 48. Judgment as a Matter of Law in Actions Tried by Jury; Alternative Motion for New Trial; Conditional Rulings
Rule 49. Instructions to Jury: Objection
Rule 50. Findings by the Court; Judgment on Partial Findings
Rule 51. Judgments; Costs
Rule 54. Declaratory Judgments
Rule 56. Recognition and Enforcement of Foreign Judgments
Rule 57. New Trials; Amendment of Judgments
Rule 58. Relief From Judgment or Order
Rule 60. Stay of Proceedings to Enforce a Judgment
Rule 61. Inability of a Judge to Proceed
PROVISIONAL AND FINAL REMEDIES
Rule 62. Seizure of Person or Property
Rule 63.1. Security: Proceedings Against Sureties
Rule 64. Receivers Appointed by Court
Rule 68. Process in Behalf of and Against Persons Not Parties
Rule 69. Condemnation of Property
Rule 70. Stenographer; Stenographic Report or Transcript as Evidence
Rule 71. Jurisdiction Unaffected
CHAPTER 2-3 CIVIL INFRACTION PROCEDURES
GENERAL PROVISIONS
§ 2-3-1 Definitions
§ 2-3-4 Citations
§ 2-3-5 Preliminary Hearing/Trial
§ 2-3-8 Method of Payment of Penalty and Costs
§ 2-4-0 Purpose
§ 2-4-1 Definitions
§ 2-4-3 Extension of Jurisdiction
§ 2-4-5 Nature of Juvenile Cases
§ 2-4-8 Juvenile Probation Officers
§ 2-4-9 When Juvenile may be Taken into Custody
§ 2-4-10 Notification of Rights
COURT PROCEDURES IN JUVENILE MATTERS
§ 2-4-12 Petition
INFORMAL ADJUSTMENT/ADVISORY HEARING
§ 2-4-15 Informal Adjustment
ADJUDICATORY HEARING/DISPOSITIONAL HEARING
§ 2-4-17 Adjudicatory Hearing
§ 2-4-18 Consolidation of Proceedings
§ 2-4-19 Predisposition Report
§ 2-4-20 Dispositional Hearing
§ 2-4-21 Jurisdiction Over Parents
§ 2-4-23 Maintenance of Records/Confidentiality
§ 2-4-24 Destruction of Records
CHAPTER 2-5 ADMINISTRATIVE PROCEDURES
§ 2-5-2 Procedural Rules/Policies
§ 2-5-3 Rule Making Procedure
§ 2-5-4 Timing
§ 2-5-5 Exhaustion of Other Remedies
§ 2-5-8 Submission of Evidence
§ 2-5-11 Ex Parte Contacts and Conflict of Interests
§ 2-5-12 Exclusion of Certain Employees From Decision
§ 2-5-13 Petition for Review
§ 2-5-15 Scope and Standard of Review
§ 2-6-1 Definitions
§ 2-6-4 Forfeiture Determination
CHAPTER 2-7 COLLECTION OF DEBTS
§ 2-7-1 Definitions
§ 2-7-2 Writ of Attachment/Hearing
GENERAL PROVISIONS
Rule 1. Scope
Rule 2. Purpose and Construction
Rule 6. Remainder of or Related Writings or Recorded Statements
Rule 7. Judicial Notice of Adjudicative Facts
PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
Rule 8. Presumptions in General in Civil Actions and Proceedings
Rule 9. Definition of "Relevant Evidence"
Rule 10. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
Rule 11. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
Rule 12. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
Rule 13. Methods of Proving Character
Rule 14. Habit: Routine Practice
Rule 15. Subsequent Remedial Measures
Rule 16. Compromise and Offers to Compromise
Rule 17. Payment of Medical and Similar Expenses
Rule 18. Inadmissibility of Pleas, Plea Discussions, and Related Statements
Rule 20. Sex Offense Cases; Relevance of Victim's Past Behavior
Rule 21. Claim of Privilege
Rule 24. Advocate-Client Privilege
Rule 25. Diagnosis or Treatment
Rule 26. Husband-Wife Privilege
Rule 28. Public Officer Privilege
Rule 29. General Rule of Competency
Rule 30. Lack of Personal Knowledge
Rule 33. Competency of Judge as Witness
Rule 34. Competency of Juror as Witness
Rule 36. Evidence of Character and Conduct of Witness
Rule 37. Impeachment by Evidence of Conviction of Crime
Rule 38. Religious Beliefs or Opinions
Rule 39. Mode and Order of Interrogation and Presentation
Rule 40. Writing Used to Refresh Memory
Rule 41. Prior Statements of Witnesses
Rule 42. Calling and Interrogation of Witnesses by Court
Rule 43. Exclusion of Witnesses
Rule 44. Opinion Testimony by Lay Witnesses
Rule 46. Bases of Opinion Testimony by Experts
Rule 47. Opinion on Ultimate Issue
Rule 48. Disclosure of Facts or Data Underlying Expert Opinion
Rule 49. Court Appointed Experts
Rule 50. Definitions
Rule 52. Hearsay Exceptions; Availability of Declarant Immaterial
Rule 53. Hearsay Exceptions; Declarant Unavailable
Rule 54. Hearsay Within Hearsay
Rule 55. Attacking and Supporting Credibility of Declarant
AUTHENTICATION AND IDENTIFICATION
Rule 56. Requirement of Authentication or Identification
Rule 58. Subscribing Witness' Testimony Unnecessary
CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS
Rule 59. Definitions
Rule 60. Requirement of Original
Rule 61. Admissibility of Duplicates
Rule 62. Admissibility of Other Evidence of Contents
Rule 65. Testimony or Written Admission of Party
Rule 66. Functions of Court and Jury
Rule 67. Applicability of Rules
CHAPTER 2-9 APPELLATE PROCEDURES
§ 2-9-1 Definitions
§ 2-9-7 Standard of Review; Disposition
§ 2-9-14 Finality of Decision/Motion to Reinstate Appeal
TITLE 3
NATURAL RESOURCES AND ENVIRONMENT
INTRODUCTORY PROVISIONS
§ 3-1-1 Definitions
§ 3-1-2 Purpose and Declaration of Policy
§ 3-1-4 Use of Wildlife for Scientific Purposes
§ 3-1-5 State Jurisdiction Preempted
§ 3-1-6 Consistency with CRITFE Code
§ 3-1-8 Tribal Member Identification
PROGRAM HEADS OF FISHERIES AND OF WILDLIFE DEPARTMENTS, FISH AND WILDLIFE COMMISSION
§ 3-1-10 Fish and Wildlife Commission
§ 3-1-11 Duties and Powers of the Commission
§ 3-1-12 Seasons Opened Until Closed
§ 3-1-13 Report to NPTEC/NPTEC Review
§ 3-1-14 Civil Infractions
§ 3-1-16 Suspension/Revocation of Privileges
§ 3-1-17 Failure to Show Proof of Identification
§ 3-1-18 Unauthorized Use of Rights or Privileges
§ 3-1-19 Wasting Fish and Game
§ 3-1-20 Destruction of Property
§ 3-1-21 Hunting from a Motor Vehicle
§ 3-1-22 Hunting with Artificial Lights
§ 3-1-24 Unlawful Hunting with Dogs
§ 3-1-25 Use of Unlawful Substances
§ 3-1-26 Hunting or Fishing Without Privileges
§ 3-1-27 Unauthorized Fishing, Hunting and Trapping
§ 3-1-29 Liquor Infraction
§ 3-1-32 Trafficking Fish and Game
§ 3-1-34 Eluding an Officer
§ 3-1-35 Threat or Intimidation to a Tribal Police Officer
§ 3-1-36 Interference with Hunting or Fishing Related Property
§ 3-1-37 Season
§ 3-1-39 Reporting of Catch
§ 3-1-40 Commercial Fishing in General
§ 3-1-42 Reporting Catch
§ 3-1-44 Fishing Sites
§ 3-1-45 Ceremonial Permits
§ 3-1-47 Notice to States
ON RESERVATION HUNTING/RECREATIONAL FISHING
§ 3-1-49 Types of Animals Defined
§ 3-1-50 Transportation Permit
§ 3-1-51 Permits, Licenses and Game Tags
§ 3-1-52 Protected/Threatened and Endangered Species
§ 3-1-53 Taking of Wildlife Damaging Property, Real or Personal
§ 3-1-55 Possession and/or Consumption of a Controlled Substance
§ 3-1-56 Abuse of Psychotoxic Chemical Solvents
§ 3-1-57 Possession of Drug Paraphernalia
§ 3-1-58 Possession of Alcohol by a Person Under Twenty-One
§ 3-1-60 Disorderly Conduct
§ 3-1-61 Resisting and Obstructing Officers
§ 3-1-62 Intoxicating Beverage Possession and/or Consumption in Usual and Accustomed Fishing Areas
§ 3-1-80 Purpose
§ 3-1-81 Applicable Regulations
CHAPTER 3-2
SALMON AND STEELHEAD GUIDING AND OUTFITTING
§ 3-2-1 Findings
§ 3-2-4 Exceptions
§ 3-2-6 Qualifications for Permits
§ 3-2-7 Applications for Permits
§ 3-2-8 Denial of Permit/Appeal
§ 3-2-10 Boating Equipment Requirement
§ 3-2-11 Reporting
§ 3-2-13 Open Areas
§ 3-2-14 Licenses/Other Regulations
§ 3-2-15 Cultural Resources
TITLE 4
OFFENSES
GENERAL PROVISIONS
Introductory Provisions
§ 4-1-1 Definitions
§ 4-1-3 Purpose and Construction
§ 4-1-4 Civil Remedies Preserved
§ 4-1-5 Prosecution for Multiple Offenses
§ 4-1-7 Burden and Presumption of Innocence
GENERAL PRINCIPLES OF LIABILITY
§ 4-1-9 Acts and Omissions to Act
§ 4-1-11 Causal Relationships Between Conduct and Result
§ 4-1-13 Accomplices
§ 4-1-14 Corporations, Unincorporated Associations and Persons Acting, or Under a Duty to Act, in Their Behalf
§ 4-1-19 Mental Disease or Defect Excluding Responsibility
§ 4-1-20 Medical Examination and Institutionalization
JUSTIFICATION AND DEFENSES 231
§ 4-1-22 Force in Self-Protection or Protection of Others
§ 4-1-23 Force for the Protection of Property
§ 4-1-24 Force in Law Enforcement
§ 4-1-25 Force by Persons with Special Responsibility or Care, Discipline or Safety of Others
§ 4-1-26 General Principles
§ 4-1-27 Sentences and Combinations of Sentences; Civil Penalties
§ 4-1-28 Payment of Fines and Other Monies
§ 4-1-29 Decision to Impose a Fine
§ 4-1-31 Sentencing Proceedings
§ 4-1-33 Violation of Terms of Probation
§ 4-1-34 Attempt
§ 4-1-36 Solicitation
Assault and Related Offenses
§ 4-1-37 Simple Assault
§ 4-1-39 Aggravated Assault
§ 4-1-41 Stalking
§ 4-1-43 Murder
KIDNAPPING AND RELATED OFFENSES
§ 4-1-45 Kidnapping
§ 4-1-47 Child Custodial Interference
§ 4-1-48 Rape
§ 4-1-49 Forcible Sexual Penetration with a Foreign Object
§ 4-1-50 Unlawful Sexual Intercourse
§ 4-1-52 Sexual Molestation of Minor under Sixteen
§ 4-1-53 Indecent Exposure
Property Destruction
§ 4-1-54 Arson
§ 4-1-56 Causing a Catastrophe
§ 4-1-57 Malicious Injury to Property
§ 4-1-58 Aggravated Vandalism
§ 4-1-59 Burglary
§ 4-1-60 Burglary of a Vehicle
§ 4-1-61 Trespass
§ 4-1-63 Robbery
§ 4-1-65 Theft by Deception
§ 4-1-66 Acquiring Lost Property
§ 4-1-67 Theft by a False Promise
§ 4-1-69 Receiving Stolen Property
§ 4-1-70 Theft of Services
§ 4-1-71 Defenses to Theft and Related Offenses
§ 4-1-72 Theft of Telephone Services