Chapter 31.25 DISCOVERY
(1) Generally. Parties may request information and evidence, which can reasonably be expected to lead to admissible evidence, from any person having such information in their possession, knowledge, or control. This chapter is intended to make information available to parties prior to trial to assist in reaching settlement, ascertaining the truth, and ultimately to expedite the judicial process.
(2) Judicial Oversight. Tribal Court judges are responsible for overseeing discovery conducted pursuant to this chapter. This means that assigned judges have discretion to:
(A) Impose discovery deadlines;
(B) Limit the methods of discovery, provided that the limitations are equitably imposed on all parties;
(C) Limit the quantity of discovery requests, provided that the limitations are equitably imposed on all parties;
(D) Hold a hearing to discuss discovery methods, issues, or limitations; or
(E) Take any other action that is consistent with this these Rules and Tribal law.
(3) Privileges. A person may refuse to make available the information requested if its release would cause undue hardship, such release is subject to a prior legal restraint, or would violate a confidence which it is Tribal policy to protect. If the parties disagree about whether the responding party is required to release the information, the Tribal Court shall decide the dispute. The Tribal Court may place conditions on a release of information in order to (A) protect confidential material, (B) prevent unreasonable burden or expense to a party, or (C) ensure fairness to all parties.
(4) Methods of Discovery. Parties may obtain discovery by one or more of the following methods: (a) depositions upon oral examination or written questions; (b) written interrogatories; (c) written requests for production of documents or things, or permission to enter upon land or other property for inspection and other purposes; (d) physical and mental examinations; (e) requests for admission; and (f) other methods approved by the Tribal Court. Neither written discovery requests, nor responsive documents, shall not be filed with the Clerk.
(A) Interrogatories. A party may submit written interrogatories to any other party who must answer them in writing, under oath, within 30 days of receipt of such, unless an extension of time is mutually agreed to by the parties.
(B) Depositions. A party may take the oral deposition of an adverse party or non-party witness under oath upon not less than 10 days’ notice specifying the time and place where such examination will occur. A party may also take the testimony of an adverse party or nonparty witness by deposition upon written questions under oath upon not less than 10 days’ notice. The parties may mutually agree to provide notice less than 10 days before the deposition.
(C) Production, Entry or Inspection. A party may request another party produce any documents or things in their custody or possession for inspection or copying or request permission to enter and inspect property reasonably related to the case and the opposing party shall, within 30 days, reply as to whether or not such will be allowed and if not, why not or to produce copies of such responsive documents or things.
(D) Requests for Admission. A party may serve upon any other party a written request for the admission of the truth of any relevant matter, which shall be separately set forth. The matter is admitted unless, within 30 days of receipt of the request, the party to whom the request is directed serves, pursuant to Chapter 31.24(2) CTC, on the requesting party a written answer or objection.
(E) Protective Order. A party against whom discovery is sought may move for a protective order to prevent undue annoyance, harassment, embarrassment, oppression, or undue burden or expense, and the Tribal Court may order that the discovery cease or proceed only upon specified conditions.
(F) Failure to Make Discovery. If a party fails to respond to or appear for discovery as provided in this chapter, the opposing party may move for an order to compel the defaulting party to perform and the Tribal Court may award costs to the non-defaulting party. If a party fails to perform after being ordered to do so by the Tribal Court, the Tribal Court may, upon motion, order that a certain fact claim, or defense be deemed established, or strike part of a claim or defense, or dismiss or render a judgment by default against the non-complying party in an aggravated case.
(5) Responding to Discovery Requests. A person who receives a request for information under this chapter shall: (A) provide the information, or (B) respond that they do not have the information in their possession, knowledge or control, or (C) object in writing to the request, stating the specific grounds for the objection. One of the three responses must be made to the requesting party within 30 days of receiving the request pursuant to Chapter 31.24(2) CTC. [Res. 24-44, 2024.]