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Chapter 31.52 ADOPTION OF FEDERAL RULES OF EVIDENCE

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(1) Adoption. The Federal Rules of Evidence, in the form attached to the resolution codified in this title as Exhibit A, are hereby adopted as the Cowlitz Evidence Rules, and shall govern in the Cowlitz Tribal Courts, unless one of the below subsections is applicable.

(2) Conflict With Tribal Law. In the event that the adopted Evidence Rules conflict with the Tribal Court Code, the Rules of Civil Procedure, the Rules of Criminal Procedure, or any other duly adopted Tribal law, the Tribal Court shall first adhere to the requirements of the Tribal Courts Code, the Rules of Civil Procedure, the Rules of Criminal Procedure, and any other duly adopted Tribal law.

(3) Limitations. The Tribe does not adopt any state or federal case law interpretation of the Federal Rules of Evidence as precedential in Tribal Court. The Tribal Court may be guided by law developed in other jurisdictions, including Washington State Courts, and other tribal courts. Legal principles and standards from other jurisdictions shall be considered as persuasive authority only, and not binding upon the Tribal Court. [Res. 24-44, 2024.]