Tribe: Curyung Tribal Council
SECTION 4. Hearing Procedures
A. Notice of Hearings: The Court Clerk, or other person designated by
the Tribal Court, shall personally serve or mail Notice to all parties before
each hearing. A Proof of Service shall be filed with the Court Clerk. The
Notice shall be delivered at least ten (10) days or mailed at least fourteen
(14) days before a hearing except as otherwise provided for in this Code.
Each party shall be responsible for serving their own witnesses with a
Notice of Hearing(s). B. Code of Honor: All persons testifying in the Curyung Tribal Court are
expected to tell the truth. If the Tribal Court has proof that a person
violated this trust, the Court may hold the person in Contempt of Court.
C. Hearings When a Case Involves a Complaint: In cases where a
Complaint has been filed against a Defendant charging that he or she
violated a tribal ordinance, a hearing shall be held within sixty (60) days
after Notice has been given to the Defendant, unless the Court determines
there is good cause to hold the hearing at a later date. At this hearing, the
Presiding Judge shall open the hearing and shall read the pleas to the
Defendant in Court on the record, and shall make sure the Defendant
understands the pleas. If an interpreter is needed to understand the
proceedings, it shall be the responsibility of the Complainant to pay for
any associated interpreter fees. The Defendant shall state his/her plea for
the record. If the Defendant pleads guilty or no contest, the Tribal Court
may either sentence the person, or set a date for sentencing. If the
Defendant pleads not guilty, the hearing shall be held at this time unless
the Tribal Court finds good cause to delay the proceedings. At the hearing,
the Plaintiff shall make a statement to the Court, and shall present any
other evidence or witnesses to the Court. The Defendant may make a
statement to the Tribal Court and may present other witnesses and
evidence to the Court. Each party shall be entitled to question the other
party’s witnesses.
D. Hearings in Cases Involving a Petition to Use the Tribal Court: A
hearing shall be set by the Tribal Court when a Petitioner requests the
Tribal Court to settle a dispute or to perform an undisputed activity such
as marriage or uncontested adoption, through filing a Petition to Use the
Tribal Court. The hearing shall be held no more than sixty (60) days after
the Respondent was served with the petition, unless the Tribal Court
determines there is good cause to hold the hearing at a later date. At the
hearing, the Petitioner shall make a statement to the Court saying what
he/she wants the Court to do. The Petitioner may present witnesses on
his/her behalf and may present other evidence to the Court. The Respondent may make a statement to the Court saying what he/she
wants the Court to do. The Respondent may present witnesses on his/her
behalf and may present other evidence to the Court. Each party shall be
permitted to question the other party’s witnesses and shall be responsible
for all expenses of their own witnesses. Tribal Judges may question all
witnesses throughout the proceedings.
E. Hearings Involving Emergency Matters: Emergencies involve matters
where harm or damage to a person or property could occur if the Tribal
Court thad to wait. In cases of emergencies, the Court may hold a hearing
as soon as proof of imminent harm is provided to the Court. Orders
issued during emergency hearings shall be written and of limited
duration and stand only until a regular hearing is held.
F. Changing the Time of a Hearing: If the Tribal Court changes the time of
a hearing for any reason, the involved parties shall be given reasonable
notice of the change.
G. Failure to Show For a Hearing: If a Defendant has been served with a
Complaint and has been notified about the hearing, but fails to show up at
the hearing without a compelling reason, the Curyung Tribal Court may
proceed to hold the hearing and make a decision in the absence of the
person, or the Court may set another hearing date.
H. Recesses: The Tribal Court may recess and reconvene during the
hearing at the Judges discretion.
I. Records of Hearings: The Tribal Court shall keep a record of all cases
consisting of a tape recording of all hearings, a copy of all documents filed
with the Court, and all Orders entered by the Court. J. Decision-Making: After both sides have presented their cases, the
Judges may ask everyone to leave while the Court considers the case and
reviews any evidence presented. If the Defendant pleads guilty, no
contest, or is found guilty of a violation, the Court may either sentence the
person immediately, or set another hearing for a later date to sentence the
person. The decision shall be by consensus. The Court shall issue a written
Order of its decision.
K. Sentencing Circles: Instead of the Judges issuing a sentence, the Tribal
Court may choose to design a Sentencing Circle, and send a case to the
Circle. The Presiding Officer shall be the peacekeeper of the Circle. If the
Circle fails to come up with a consensus plan for a case that has been
referred to it, the case shall be sent back to the Tribal Court to render a
decision.
L. Confidentiality: All cases and hearings shall be confidential. Hearings
involving adults may be open to the Tribal membership if the parties and
the Court agree. Unless a case is appealed to the Curyung Tribal Appellate
Court, only the Tribal Court Judges and the Court Clerk shall have access
to the Court records without further Order of the Court. The Curyung
Tribal Appellate Court shall have access to all records involving cases that
are appealed and which they are considering.