Chapter 3.25 CIVIL PROCEDURES

This chapter applies to all civil actions in the Chehalis Tribal Court. The term “civil action” includes all noncriminal court cases in which a party seeks to have the Court award relief against another party or to have a legal right declared or enforced. The Court may require, or the parties by mutual agreement may allow, the application of some other set of rules, such as the Federal rules of civil procedure, to be applied in a particular civil action. In an appropriate case, the Court may look to the Tribal common law or customs of the Chehalis Tribe for assistance in resolving a case or applying this chapter. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.1.020.]

3.25.030 Purpose and construction.

This chapter shall be liberally construed to provide a just and equitable result for the parties to civil actions and members of the Chehalis Tribal community generally, and to secure the just, speedy, and inexpensive determination of every civil action.

If a procedure is not specifically pointed out by this chapter, the Tribal Court may adopt any suitable procedure consistent with the spirit of this chapter or take any measures reasonably necessary to carry out and protect its jurisdiction.

Nothing in this chapter shall prevent persons involved in a dispute from agreeing to submit their dispute to persons or organizations outside the Court for resolution in an informal manner and nothing herein shall remove the inherent authority of the Tribal Court in a particular case from fashioning and controlling the scope and extent of the proceedings as it deems appropriate.

Nothing herein is intended to limit the inherent civil jurisdiction of the Chehalis Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.1.030.]

3.25.040 Relief allowed.

The Court may award all forms of relief necessary to the complete exercise of its jurisdiction, including but not limited to: (A) money damages; (B) injunctions; (C) declarations of rights; and (D) such other relief as is just and proper in a particular case. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.1.040.]

3.25.050 Statute of limitations.

No civil action may be commenced in the Tribal Court unless the cause of action arose within a three-year period preceding the filing of the complaint. The three-year period shall be counted from the date on which the event giving rise to the lawsuit was first known to the complaining party or should have been known through reasonable diligence; provided, however, that this section shall not apply to claims brought by the Chehalis Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.1.050.]

3.25.060 Survival of actions.

All causes of action by a person shall survive to the personal representative of that person if he or she should die or become unable to pursue the action before its completion. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.1.060.]

3.25.070 Commencement of civil actions.

A civil action is started by filing a written complaint or petition with the Court and paying any necessary filing fee established by the Court Clerk.

A complaint or petition shall be concise and direct and contain a statement of the events complained of or the right sought to be declared to be enforced and a statement of what relief is sought. No technical wording is required. A party asserting claims in a complaint or petition may join as many claims as he or she has against the opposing party.

More than one person may join in bringing an action if their claims involve the same or similar transactions or occurrences and involve common questions of fact or law.

More than one defendant may be named if the claims against them arose out of the same transaction or occurrence.

The complaint or petition shall be signed by the party bringing the action or his or her attorney or representative. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.010.]

3.25.080 Summons.

When a complaint or petition is filed, the Court Clerk shall issue a summons requiring the opposing party to appear and respond to the complaint or petition within 20 days. The summons shall give notice that failure to respond may result in a default judgment being entered against the defendant or respondent. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.020.]

3.25.090 Service of process.

A. The summons, together with a copy of the complaint or petition, shall be served upon the defendant or respondent by a Tribal law enforcement officer or by any person over the age of 18 who is not a party to the action. Service may be accomplished by personal service or by leaving a copy of the summons and complaint or petition with a person of suitable age and discretion residing in the residence of the person sought to be served.

Personal service on a business or corporation may be made upon a secretary, officer, registered agent, or owner of the business.

The person or officer effecting service of process shall file proof of such service with the Court.

B. The Court Clerk may also effect service of the summons and a copy of the complaint or petition by certified mail, return receipt requested. In such a case, the return receipt shall be considered proof of service.

C. When the defendant or respondent cannot be found within the Tribe’s jurisdiction or within the State of Washington and upon the filing of an affidavit of the plaintiff stating that the defendant is not a resident within the Tribe’s jurisdiction or the State of Washington or cannot be found therein and that attempts at personal service or service by certified mail have failed, service may be made by publication of notice of the lawsuit once a week for three weeks in a newspaper of general circulation. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.030.]

3.25.100 Long arm service.

Any person, including a business or corporation, may be served outside the Tribe’s jurisdiction in the manner provided in CTC 3.25.090 with the same force and effect as if service was made within the Tribe’s jurisdiction if such person:

A. Transacted business or performed an act within the Tribe’s jurisdiction leading to a civil action;

B. Contracts for services to be rendered or goods to be furnished within the Tribe’s jurisdiction;

C. Contracts to insure a person, property, or a risk located within the Tribe’s jurisdiction at the time of contracting; or

D. Owns, uses, or possesses any property involved in the case within the Tribe’s jurisdiction. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.040.]

3.25.110 Answer.

Within 20 days after a defendant or respondent is served with the summons and a copy of the complaint or petition, he or she must file a written answer with the Court Clerk responding to the complaint or petition. The answer shall set forth any affirmative defenses and may deny the complaint or petition in its entirety or may deny it in part.

The following defenses must be raised either in the answer or in a pretrial motion or they are waived: (A) lack of personal jurisdiction; (B) insufficient or improper services of process.

A defendant may file a counterclaim asserting against a plaintiff any claim or set off which arises out of the same event as the complaint was filed for; provided, however, that no counterclaims may be asserted against the Chehalis Tribe or its subordinate boards or bodies.

Failure of a defendant or respondent to answer within 20 days after a complaint or petition is served shall be a default and provide grounds for judgment against the defendant or respondent as asked for in the complaint or petition. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.050.]

3.25.120 Amendment of pleadings.

Parties may freely amend or supplement their pleadings at any time on such terms as are just, as long as the other party is given notice and an opportunity to respond to or oppose the amendment. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.060.]

3.25.130 Service and signing of pleadings and papers.

A copy of every pleading or paper filed with the Court after the original complaint or petition must be provided to the other party unless the Court orders otherwise. Every written motion shall be filed with the Court Clerk and a copy supplied to each of the parties.

Service upon the attorney or upon a party or authorized representative shall be made by delivering a copy to them or by mailing it to him or her at the last known address or, if no address is known, filing with the Court Clerk an affidavit of attempt to serve.

No service needs to be made on parties in default for failure to appear.

Every pleading, motion, or paper shall be signed by a party or his or her attorney or representative. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.070.]

3.25.140 Motions.

Questions regarding procedure or issues of law regarding the rights of the parties that are raised during a lawsuit and that are neither covered by this title nor settled by agreement of the parties may be presented to the Court in a motion.

Motions shall be made in writing or presented orally in open court. All motions that might eliminate the need for trial on all or some of the issues involved in a case shall be made at least 10 days before trial.

A moving party shall serve notice to other parties of any pretrial motions at least 10 days before presenting it in court, or such other time as the Court feels is necessary to provide the opposing party a fair opportunity to respond. When a motion is supported by a memorandum or affidavit, they shall be served on the other party with the motion.

Motions to dismiss the civil action because the Court lacks subject matter jurisdiction or because the plaintiff has not stated a basis for relief may be made at any stage of the proceedings. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.080.]

3.25.150 Preliminary relief.

A. Temporary Restraining Order. A judge may issue a temporary restraining order prohibiting or requiring a particular action by another party without prior notice where the party seeking the order shows the Court orally or by affidavit that he or she will suffer immediate loss or potential injury unless temporary relief is granted. A temporary restraining order shall be good for not more than 30 days after notice of it is given to the party restrained unless the Court orders otherwise and may be renewed for the same or a lesser period of time not more than once.

B. Preliminary Injunction. Following notice to all parties and an opportunity to be heard in court or through affidavits, the Court may consider entering a preliminary injunction, which shall remain in effect until final judgment in the case, requiring a party or parties to take or refrain from taking certain action while the case is pending. The request for a preliminary injunction may be granted if the party seeking it demonstrates a substantial likelihood that he or she will prevail in the lawsuit and that he or she will suffer immediate or irreparable loss or injury if the injunction is not issued. The Court may condition the issuance of the injunction upon the posting of a bond by the party seeking it, if necessary to protect the other party.

C. Prejudgment Attachment. At the commencement or during the course of a civil action, a party may by affidavit apply to the Court for an order allowing him or her to attach, garnish, replevy, or take similar action against an adverse party’s property where that is shown to be necessary to insure that any judgment ultimately to be entered can be satisfied. The Court may place such conditions on the granting of such relief as the Court deems just and equitable, including a requirement that the party seeking the order post a bond to protect the other party against losses which might arise from the seizure of his or her property. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.090.]

3.25.160 Discovery.

In order to facilitate fair trials and avoid unfair surprise in civil cases, it shall be the policy of the Chehalis Tribal Court to allow a party to obtain information about the other party’s case.

Methods of discovering and exchanging information may include submission of written questions to the other party, requesting admissions of facts, requesting witnesses names, interviewing the other party’s witnesses, and requesting the other party to produce documents or property for inspection. Such requests for information shall be as clear and specific as possible.

A party who receives a request for information shall respond within 14 days. Failure to respond shall be grounds for the other party to seek a court order compelling a response.

If the parties disagree about whether information is required to be disclosed, the Court shall decide the dispute. If the Court deems it, conditions may be placed on the release of information to protect confidential material. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.100.]

3.25.170 Pretrial conference.

In the interest of saving time, simplifying issues, and avoiding unnecessary litigation, the judge may schedule a pretrial conference with all parties in a civil action. The pretrial conference may, in the Court’s discretion, be held in an informal setting and conducted without formal procedures. The parties and the judge should discuss areas where the parties are in agreement and areas where they disagree. The discussion shall have the purposes of identifying and disposing of issues that can be resolved without trial, identifying the issues of law remaining to be decided and, if necessary, limiting the testimony. Agreements and decisions reached shall be stated on the record or put in writing and signed by the parties. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.110.]

3.25.180 Orders to show cause.

An order to show cause requiring a party to appear before the Court and explain why they should not be held in contempt of court and subject to sanctions may be issued by the Court upon a showing that the person to whom the order is to be directed has violated a valid existing order of the Court after he or she has had notice of it. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.2.120.]

3.25.190 Trials.

Civil cases shall be tried by the Court without a jury.

Procedure at trial shall be as follows unless otherwise agreed by the parties and the Court:

A. The party bringing the action may make an opening statement summarizing what he or she intends to prove, after which the defendant or respondent may make an opening statement summarizing his or her defense;

B. The plaintiff or petitioner shall call witnesses or present other evidence in support of his or her case to the Court. The witnesses shall testify under oath and be subject to cross-examination by the defendant. Following cross-examination of a witness, the plaintiff or petitioner shall have a second opportunity to question the witness about matters raised in cross-examination. When the plaintiff has presented all of his or her witnesses and evidence, he or she shall inform the Court that the plaintiff’s cause is completed;

C. After the plaintiff’s case has been presented, the defendant or respondent may move the Court to dismiss the case. If the Court, after considering the evidence in the light most favorable to the party bringing the action, finds that there is insufficient evidence to support the case, the action shall be dismissed;

D. If the action is not dismissed, the defendant or respondent shall call witnesses or present evidence. A witness shall testify under oath and be subject to cross-examination by the plaintiff or petitioner, after which the defendant or respondent shall have a second opportunity to question the witness about matters brought up during cross-examination;

E. The Court, in its discretion, may allow the party bringing the action to present additional witnesses or evidence to rebut any new matters presented in the defendant’s case, but no evidence or testimony which is merely cumulative or repetitive of the plaintiff’s case in chief shall be allowed;

F. The parties shall have the opportunity to present final remarks to the Court. Because the party bringing the action has the burden of proving his or her civil case, he or she will have an additional opportunity to rebut the opposing party’s remarks;

G. The Court shall consider all the evidence and announce a judgment or issue a written decision at a later time. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.3.010.]

3.25.200 Burden of proof.

The burden of proving a civil claim shall be on the party making the claim to prove his or her case by a preponderance of the evidence. A party shall be considered to have met the burden of proof if most of the evidence presented tends to prove that party’s claim. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.3.020.]

3.25.210 Evidence.

This section shall govern the presentation of evidence in civil actions. In a particular case the Court may require or the parties may agree to the application of other rules of evidence, specifically the State or Federal rules of evidence.

A. Evidence presented in a civil action in the Tribal Court must be related to the issues before the Court. When questioned by the judge or another party, the party who wishes to present certain evidence shall explain why he or she thinks the evidence is relevant.

B. Where there is more than one kind of evidence about the same subject, the Court should allow the most reliable kinds of evidence.

C. The testimony of persons having personal knowledge, such as first-hand observation and direct knowledge of or participation in a described event shall be preferred and be afforded greater weight than the testimony of persons with second-hand knowledge of the event.

D. Copies of written records, photographs, and other documentary evidence may be presented as long as they are reliably identified by the party offering them or if they are certified as true and accurate copies by a reliable source. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.3.030.]

3.25.220 Subpoenas.

A Tribal Court judge or the Court Clerk may issue a subpoena to compel the attendance at a trial of witnesses to give testimony or to command the person to whom it is directed to produce evidence.

The Court may quash or modify a subpoena at any time before the time specified on its face for compliance, for good cause shown, and the Court may condition the issuance of a subpoena upon payment of a reasonable bond to offset the affected party’s costs of producing the evidence sought.

Subpoenas shall be served in the same manner as a summons and complaint or petition, except that no subpoena shall be served by publication.

Failure to comply with a subpoena may be punishable as contempt of court. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.3.040.]

3.25.230 Judgments.

The judge in a civil action shall issue a judgment either orally or later in writing after completion of the trial and announce the basis of the decision. The judgment shall state any relief granted to the prevailing party. It shall be reduced to writing and become final when entered in the record by the Court Clerk. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.4.010.]

3.25.240 Default judgment.

When a party against whom a judgment is sought fails to appear, plead, or otherwise defend within the time allowed, and that is shown to the Court by a motion and affidavit or testimony, the Court may enter an order of a default and, without further notice to the party in default, enter a judgment granting the relief sought in the complaint. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.4.020.]

3.25.250 Reconsideration.

No later than 10 days after a judgment is final, a party may ask the judge to reconsider the judgment. The matter may be decided based upon writings without a hearing. The judge may grant reconsideration and change the judgment if one of the following is found to be true:

A. The original judgment was reached as a result of fraud or mistakes;

B. There is newly discovered evidence which could have affected the outcome of the case and which could not have been discovered with reasonable effort at the time of trial; or

C. The Court did not have jurisdiction over the subject matter. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.4.030.]

3.25.260 Enforcement of judgments.

If a party fails to satisfy any money judgment of the Tribal Court not less than 10 days after entry of the judgment, the Court may issue an order allowing the judgment to be executed upon and satisfied out of property owned by the judgment debtor upon the filing of an application setting forth:

A. The date of entry of the judgment, the amount of the judgment, the amount paid on the judgment, the amount currently owing on the judgment including interest, the name of the Court, the case number, and the date of registration of the judgment if it is a foreign judgment;

B. The name of the requesting party and his or her address or the address of his or her attorney or authorized representative;

C. A statement of the type of execution sought, the name and address of the person on whom it is to be served, and a description of the property to be seized. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.4.040.]

3.25.270 Types of execution.

Court orders allowing execution of a judgment shall consist of two types:

A. Attachment shall be used to seize property in possession of a judgment debtor;

B. Garnishment shall be used to seize property of the judgment debtor that is in the hands of another person.

Orders of attachment or garnishment shall be served in the same manner as the summons and complaint or petition, and proof of service shall be filed with the Court. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.4.050.]

3.25.280 Exemptions.

In the execution of any judgment the following shall be exempt from execution to satisfy a judgment:

A. All wearing apparel of every person in the family but not to exceed $500.00 value in furs, jewelry, beadwork, or personal ornaments for any one person;

B. Items of bona fide religious or cultural significance;

C. Fishing equipment, gear and fishing boats of reasonable value;

D. A minimum amount of tools, instruments, and materials sufficient to allow a judgment debtor to carry on his or her trade;

E. Provisions and fuel for the comfortable maintenance of the home for three months’ time;

F. Land or interests in land held in trust or subject to restrictions against alienation imposed by the United States or other land which is the judgment debtor’s principal residence;

G. Seventy-five percent of a judgment debtor’s disposable wages (gross wages minus deductions required by law, but not including voluntary payroll deductions), salary, or other compensation regularly paid to a judgment debtor for personal services each pay period;

H. An automobile of reasonable value necessary for personal or family use;

Provided, that none of the above property shall be exempt from execution for any judgment awarded because of the debtor’s failure to pay all or part of the purchase price for that property, and, with the execution of Indian trust land, none of the above property shall be exempt from execution if it was specifically pledged as collateral or security to the person awarded the judgment. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.4.060.]

3.25.290 Sale procedure.

When property has been seized or otherwise delivered to the Court in execution of a judgment, the Court shall give the judgment debtor written notice that:

A. The property is in the possession of the Court pursuant to a court order;

B. The property will be sold at a public auction on a date specified in the notice and the proceeds applied to the judgment;

C. The judgment debtor has the right to contest the execution order by filing a written opposition with the Court and requesting a hearing;

D. At any time prior to the sale, the judgment debtor has the right to satisfy the judgment and obtain the return of the property. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.4.070.]

3.25.300 Enforcement of foreign judgments.

Execution on a judgment from a court other than the Tribal Court shall be allowed in accordance with this chapter if it has been registered with the Court by filing a certified copy of the judgment with the Court Clerk, paying any necessary filing fee established by the Clerk, and serving a copy on the judgment debtor. Before giving effect to a foreign judgment the Court may conduct a preliminary inquiry regarding the validity of the foreign judgment. [Res. 2016-17; Res. 2011-020; Res. 2006-63. Prior code § 2.2.4.080.]

3.25.310 Rules not announced.

Where this title does not expressly address a question, the Court may issue any order to accomplish substantial justice. [Res. 2011-020; Res. 2006-63. Prior code § 2.2.5.010.]