Judical Code

Judicial Code

Rule 15: Jury Trials

(a) Trials of all civil actions shall be to the Tribal Court without a jury unless a party to the action files a request for a jury trial and a fee of twenty-five dollars ($25.00) not less than twenty-five (25) days prior to the scheduled date of trial. A judge may, upon good cause shown, waive payment of the required fee.

(b) Unless the requesting party specifies otherwise, all factual issues properly triable by a jury shall be decided by the jury at trial. A party requesting a jury trial may specify only those issues she/he wants tried to the jury, and any other party may specify, not less than five (5) days before the date scheduled for trial, any other issues she/he wishes to be so tried. Once any or all issues of a case have been requested for a jury trial, such request may not be withdrawn without the consent of all of the parties.

(c) A judge may, upon her/his own motion, order the trial by a jury of any or all of the factual issues of a case regardless of whether the parties have requested such.

(d) A judge may, upon motion of any party or its own initiative, find that some or all of the issues designated for jury trial are not properly triable to a jury, and order that no jury trial be held on such issues.

(e) A judge may hear and decide an issue or issues without a jury if either party to an issue fails to appear at trial, regardless of any request made for a jury trial on such issues.

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