Chapter 31.27 TRIAL PROCEDURE
(1) Trial Process. All trials in civil actions shall be bench trials, and shall proceed in the following order:
(A) An opening statement by the plaintiff summarizing what they intend to prove and stating the burden of proof;
(B) An opening statement by the defendant summarizing what they intend to prove;
(C) The plaintiff shall call witnesses and present other evidence to the Tribal Court. The witnesses shall be subject to cross-examination by the other parties in the case. Following cross-examination, the plaintiff shall have a second opportunity to question the witnesses. When the plaintiff has presented all their witnesses and evidence and completed all cross-examinations, they shall inform the Tribal Court that their case is complete;
(D) Following the completion of the plaintiff’s case the defendant may move to dismiss the case. If, in the opinion of the judge, after resolving all the disputed pieces of evidence and testimony in favor of the plaintiff, and drawing all reasonable inferences in favor of the plaintiff, there is insufficient evidence to support the case, the case shall be dismissed;
(E) If the case is not dismissed, the defendant may call witnesses and present evidence. The witnesses shall be subject to cross-examination by all of the parties. The defendant shall then have a second opportunity to question the witness followed by a second opportunity for cross-examination by all other parties. Following the testimony of all witnesses and the introduction of all evidence by the defendant, the defendant shall inform the Tribal Court that their case is complete;
(F) The plaintiff shall then have an opportunity to introduce additional evidence to rebut the evidence produced by the defendant;
(G) The defendant shall then have an opportunity to present additional evidence to rebut that presented by the plaintiff;
(H) The plaintiff shall then make a closing argument. The defendant shall then have an opportunity to make a closing argument. The plaintiff shall have an opportunity to rebut the arguments made by the defendant in their closing argument;
(I) The judge shall then deliberate upon the case and announce its verdict; and
(J) Judgment shall be entered on the verdict in accordance with Tribal law and these Rules.
(2) Standard of Proof. The party asking for judgment shall have the burden of proving all elements of their case by the standard of proof known as the greater weight of the evidence/preponderance of the evidence.
(3) Evidence. All relevant evidence shall be admissible in civil proceedings, except when the Tribal Court finds that its prejudicial value outweighs its probative value or when inadmissible under these Rules or Tribal law.
(A) Form and Admissibility. At all hearings and trials, the testimony of witnesses shall be taken orally under oath unless otherwise provided in these Rules. All evidence admissible under the Cowlitz Rules of Evidence or as specified under Tribal law shall be admissible and the competency of witnesses to testify shall be similarly determined.
(B) Testimony.
(a) A party may use leading questions against an adverse party or hostile witness or whenever such appears reasonably necessary to elicit testimony from witnesses of tender years or poor ability to communicate.
(b) A party may call any person to be a witness and examine any witness so called on any matter relevant to the action. A party may impeach the party’s own witness.
(c) Cross-examination shall be limited to the general scope of direct examination; provided, however, that full examination of all witnesses shall be allowed on direct or cross-examination to assure complete development of all relevant facts.
(C) Physical Evidence. Written documents and other physical evidence shall be received upon being identified, authenticated, and shown to be relevant to the action.
(D) Official Documents. Official documents or an official law, record or copy thereof may be admitted into evidence upon the testimony of an official having custody or official knowledge thereof or, without such testimony, if the document or record or copy thereof is accompanied by a certificate identifying such thing and stating that it is a true and correct representation of what it purports to be.
(E) Record of Excluded Evidence. Excluded evidence may upon request be included in the record for purposes of appeal and excluded oral testimony may be put into evidence by means of an offer of proof or received into the record. [Res. 24-44, 2024.]