Index by Subject Matter
Created by:
Neil Savage, JD
Legal Publications Editor/Indexer
17812 28th Ave NE
Lake Forest Park, WA 98155
206-367-9312
(All comments, suggestions, or technical issues should be addressed to Code Publishing at cpc@codepublishing.com.)
Index references denote the volume number and page number, separated by a hyphen.
The Index by Subject Matter is current through 14 NICS App. 64, September 2016.
A
Abuse, neglect, or abandonment of child, see Minor in need of care
Abuse of discretion, see also Standard of Review
Allowing state enforcement to cite for fishing violation, 1-99, 1-104 to 1-105
Appearance of partiality, 4-193 to 4-198
Bias or prejudice, 4-193 to 4-198
Custody of child, 2-166 to 2-169, 9-69, 9-73 to 9-75, 9-108
Disqualification for, 4-193 to 4-198
Error of judgment based on the weight of the relevant factors, 8-8 to 8-14
Exclusion from tribal land without taking evidence, 3-298 to 3-303
Failure to apply the appropriate legal standard to the facts, 13-19
Failure to exercise discretion as, 5-25 to 5-27
No reasonable person could agree with the trial court's ruling, 8-8 to 8-14
Parenting plan, modification of, 14-55 to 14-58
Placement of child, 9-69, 9-73 to 9-75, 9-108
Presumption of correctness, 13-20 to 13-24
Reconsideration motion granted six months after eviction order, 7-45 to 7-49
Substantial evidence for findings, 5-13 to 5-14, 6-201 to 6-203
Accardi doctrine, 6-136
Admissibility of evidence
Gang membership, 4-32, 4-42 to 4-44
Juvenile adjudications, 4-53 to 4-54
Prior forcible sex, 4-32, 4-42 to 4-43, 4-44
Seized following unlawful extended detention, 7-83 to 7-85
Sex-offender status, 7-150 to 7-158
Spokesperson as witness, 7-155 to 7-158
Statute of limitations, effect of 4-8, 4-11 to 4-12, 4-15
Adoption
Best interests of child, see Best interests of child
Placement of child, see Placement of child
Procedural requirements as basis for challenge to, 14-40 to 14-41, 14-45 to 14-46
Removal from pre-adoptive home after one year, 2-122 to 2-123
Adverse possession, 14-59 to 14-61
Affirming lower court judgment, grounds for, as supported by record, 7-51 to 7-53
Agency actions
Burden to produce evidence of irregularity or impropriety, 9-53
Presumption of regularity, 9-53
Sovereign immunity, 6-52, 6-89 to 6-90
Appearance at court
Failure to appear, see Failure to appear
General vs. special appearance, effect of, 7-108 to 7-109
Pro se (unrepresented) party, 7-108 to 7-109
Arrest
Failure to appear for post-conviction review hearing, 8-68 to 8-73
Warrant, recitation of probable cause, 4-32, 4-36 to 4-39
Assault and battery
Excessive force used in resisting assault as assault, 2-144 to 2-147
Self-defense claim, 4-185 to 4-192
Attorney
Counsel, see Counsel
Fees, see Attorney fees
Attorney fees
Allocation of, under the proportionality rule, 8-58
Contract provision, 8-55 to 8-58
Court authority to award interest on, 1-66
Discretionary nature of award of, 5-25 to 5-27, 7-70 to 7-71
Employment termination, 4-104 to 4-105
Prevailing party, 8-55 to 8-58
Availability of tribal law prior to charging, 11-68 to 11-70
Availability of tribal rules of evidence, 11-70 to 11-71
B
Bail forfeiture, 14-32 to 14-36
Banishment, see Exclusion from tribal land
Basis for granting appeal, 1-11
Battery, action for, trial court jurisdiction in, 13-44 to 13-52
Best interests of child
After one year in pre-adoptive placement, 2-122 to 2-123
Court-ordered psychosexual evaluation as modification of visitation rights, 5-105 to 5-111
Custody determination, 1-19 to 1-22, 1-35 to 1-36
Modification of custody, 2-166 to 2-169, 6-72 to 6-74
Modification of parenting plan, 14-57 to 14-58
Protracted litigation, 1-35
Temporary orders as not, 9-1 to 9-11
Tribal Advocate, appointment of, 1-35
Visitation and, 11-37 to 11-38
Bias, see Conflict of interest
Bond, 1-50, 1-55 to 1-56, 2-202 to 2-203, 8-59 to 8-67
Breathalyzer
Failure to administer, 1-11
Refusal to submit to, 1-12
Brief
Extension of time for, 9-91 to 9-92
Failure to file or provide, 3-267, 5-114 to 5-115, 9-82 to 9-84, 9-90 to 9-93
Pro se party deadline and consequences, 5-17 to 5-20
Signature and date for filing and service of, 2-159
Timeliness of, 5-17 to 5-18, 5-20, 5-65, 9-91 to 9-92
Burden of proof
Exclusion from tribal land, 3-292 to 3-294, 3-297, 3-298 to 3-302, 4-28 to 4-30
Reconsideration hearing, 7-22 to 7-27
Self-defense, right to claim, 4-185 to 4-192
Termination of employment action, 3-260
Burdensome interference of appeals, 4-1 to 4-2
C
Capactiy suits against individual tribal officials, 13-68 to 13-71
Charges
Availability of tribal law prior to charging, 11-68 to 11-70
Duty of court to advise of, 1-50 to 1-54, 1-56
Notification of, right to, 1-106 to 1-110
Right to be informed of the nature of, 12-60 to 12-61
Sufficiency of, 4-155, 6-7 to 6-9, 11-22 to 11-26
Child in need of care, see Minor in need of care
Child support
Burden to show payment, 9-18
Foreign judgment, statute of limitations on, 5-58 to 5-62
Indian civil rights, 5-60 to 5-61
Payment from responsible parent to third person, 4-6 to 4-7
State and federal laws, effect of, 5-60 to 5-61
Cigarettes, taxation and sale of, 7-87 to 7-88, 10-20 to 10-28
Clerk of court, reliance on assistance of, 2-138 to 2-139
Club or private association membership, termination of, 7-138 to 7-142, 8-32 to 8-34, 8-55 to 8-58
Conclusions of law
Standard of review for, 6-200 to 6-203, 7-11, 13-2
Statutorily required, 13-3 to 13-4
Conflict of interest
Advocate having heard prior cases concerning client while serving as judge, 3-357
Appearance of partiality, 4-66 to 4-72, 4-193 to 4-198, 6-127 to 6-128
Bias or prejudice, 2-196, 2-200 to 2-202, 2-204, 4-193 to 4-198, 6-9 to 6-10, 6-127 to 6-128, 7-3 to 7-8, 11-62 to 11-63
Disqualification issue directly appealable, 5-101 to 5-104
Friendly relations between trial judge and court staff, 6-118
Judge as prosecutor in same jurisdiction, 6-165 to 6-166
Judge as prior guardian ad litem of youth in current proceedings, 10-130 to 10-134
Judge who initiates contempt proceeding to preside at the subsequent hearing, 7-3 to 7-8
Conflict of law, supremacy of Law and Order Code, 1-97 to 1-98
Contempt of court
Attorney sanctions for, 7-118 to 7-119
Court-ordered psychosexual evaluation, failure to obtain, 5-105 to 5-111
Failure to appeal contempt order, 13-30 to 13-33
Failure to appear as, 6-12 to 6-13
Failure to appear for jury service, 4-41
Judge who initiates contempt proceeding to preside at the subsequent hearing, 7-3 to 7-8
Removing the child from the State of Washington in violation of parenting plan, 13-28 to 13-33
Right to appeal, 5-110 to 5-111
Right to reasonable notice and opportunity to be heard, 13-30 to 13-33
Timeliness of appeal, 1-68 to 1-70
Writ of mandamus and prohibition, use of, to vacate contempt finding, 13-28 to 13-33
Continuance
Decision rendered without consideration of motion for, 1-92 to 1-94
Effect on speedy trial, 1-86 to 1-87, 2-192
Failure to request, 9-29 to 9-32
Indian civil rights, 6-11
Low blood sugar, failure to order continuance for, 9-29 to 9-31
Reason for request, inquiry into, 6-10 to 6-12
Request for, as consent to jurisdiction, 7-104 to 7-110
Contract
Application of federal law in preemption of tribal law, 5-6
Attorney fees provision, 8-55 to 8-58
Club or private association membership, termination of, 7-138 to 7-142, 8-32 to 8-34, 8-55 to 8-58
Conditions required for, 4-179
Effect of incompetency on, 1-112 to 1-113
Implied contract, 4-179
Lack of, remedies available to resolve dispute, 4-177 to 4-180
Oral agreement as, 7-138 to 7-142
Preemption of tribal law, 5-6
Quasi contract, 4-179
Costs
Discretionary nature of award of, 5-25 to 5-27
Indian civil rights, 8-59 to 8-67
On appeal, 1-24, 1-28, 8-59 to 8-67
Counsel
Admissions by spokesperson, 7-155 to 7-158
Clerk of court, reliance on assistance of, 2-138 to 2-139
Disbarment, disciplinary proceedings for, 9-15 to 9-24
Disqualification issue directly appealable, 5-101 to 5-104
Failure to seek, 2-144 to 2-147
Family member as representative, 7-155 to 7-158
Fees, see Attorney fees
Ineffective assistance of counsel, see Ineffective assistance of counsel
Right to, see Right to counsel
Right to representation by lawyer or spokesperson, 1-24 to 1-25, 1-26 to 1-28
Sanctions for contempt, 7-118 to 7-119
Unqualified spokesperson, 7-155 to 7-158
Waiver of right to, 1-24 to 1-25, 1-26 to 1-28, 1-50, 1-55
Witness, spokesperson as, admission by, 7-155 to 7-158
Counterclaim, dismissal of, not final judgment, 6-1 to 6-3
Court-ordered psychosexual evaluation
Failure to obtain, 5-105 to 5-111
Right to appeal, 5-107 to 5-110
Indian civil rights, 5-110
Courtroom
Decorum, judge’s duty to insure, 5-81 to 5-82
Demonstrations as grounds for new trial, 4-52 to 4-53
Criminal appeal
Credibility of primary witness re inconsistent statements, 14-26
Dates of violation differing in criminal complaint, 14-25
Standard of review, 14-25 to 14-26
Custody of child, see also Guardianship; Placement of child; Visitation
Abuse of discretion, 2-166 to 2-169, 9-69, 9-73 to 9-75, 9-108
Affidavit, failure to attach, 1-95 to 1-96
Best interests of child, see Best interests of child
Birth certificate, failure to attach, 1-95 to 1-96
Change in custody, change in circumstances required for, 6-56 to 6-58, 6-192 to 6-195, 6-203 to 6-204
Changing a guardianship proceeding into a custody proceeding as invalid, 4-138 to 4-141
Child enrolled in other tribe, 7-104 to 7-110
Decision not final judgment without permanent parenting plan order, 8-20 to 8-29
Decision whether to exercise jurisdiction in custody determinations, 13-5 to 13-11
Emergency custody order, requirements for, 5-116 to 5-118
Expenses, medical and educational, 1-22
Findings contrary to the evidence, 9-105 to 9-117
Foster care provider without legal custody, standing of, 1-33 to 1-36
Guardianship, temporary, duration of, 4-6 to 4-7
Home environment, 1-22
Joint custody award as termination of guardianship, 6-113 to 6-118
Jurisdiction, 1-19, 1-22, 7-28 to 7-32, 7-104 to 7-110
Legal authority, citing of, 1-22
Married parents vs. unmarried parents, no substantive difference between, 13-7
Mediator vs. guardian ad litem to coordinate review of, 1-22
Minor in need of care, jurisdictional effect of, 1-42 to 1-46, 10-29 to 10-36, 10-71 to 10-77
Modification of, 2-166 to 2-169, 6-72 to 6-74
Notice of hearing, adequacy and timing of, 5-117 to 5-118
Per capita payments on behalf of minors to pooled custodial account, 9-118 to 9-125
Petition previously filed in state court, effect of, 9-102 to 9-104
Placement of child, see Placement of child
Procedures to handle, vagueness of, 1-21
Psychologist, testimony of, 1-21
Relevant factors in awarding custody, 13-10
Request that jurisdiction remain with the state, 2-125
Right to respond at trial, 1-20
Service, lack of, effect on hearing, 3-335 to 3-337
Standard of review, 9-69, 9-108
Stipulation agreement, 2-140 to 2-144
Temporary orders as not in best interests of child, 9-1 to 9-11
Visitation and, 1-22
Witness at trial neither a party nor a legal guardian, standing of, 1-33 to 1-36
Custom, tribal, see Traditional and custom law
D
Damage and damages
Discrimination, damage as element of, 2-115 to 2-117
During buyer’s occupation of premises, 1-88 to 1-91
Emotional distress in wrongful termination of employment, 4-103 to 4-104
Employment termination, 4-99, 4-101 to 4-104
Negligence in allowing fire to spread to neighbors’ property, 10-78 to 10-80
Request for, 6-15
Sovereign immunity against claim, 6-49 to 6-50
Defamation action, 4-73 to 4-74
Default judgment
Motion to vacate, failure to establish good cause for, 8-8 to 8-14
Timing of request to set aside, 5-10
Upon failure to appear, 5-8 to 5-10
Default on loan payment
Settlement agreement, 3-341 to 3-342
Delay after filing for appeal, 2-131, 2-132 to 2-133, 2-176, 2-178 to 2-182
Demurrer, remand motion construed as, 5-145 to 5-146
Dependency actions, see Minor in need of care
Disbarment, disciplinary proceedings for, 9-15 to 9-24
Discovery material requested by subpoena, but not received, 4-133 to 4-137, 4-133 to 4-137
Discretionary nature of appeals, 1-11, 1-18
Discrimination
Damage as element of, 2-115 to 2-117
Employment termination, 5-132 to 5-134, 5-135 to 5-136, 6-30 to 6-35
Failure to hire as, 2-115 to 2-117
Fishing rights and discrimination against tribal women, 1-103
Jurisdiction established by allegation of, 6-30 to 6-35
Prohibition against non-member fishing as, 1-99, 1-103
Selective enforcement in exclusion from tribal lands, 11-107
Disenrollment in tribe
Decision supported by the record, 7-115 to 7-116
Enrollment, see Enrollment in tribe
Ex parte Young doctrine, 12-6 to 12-8, 12-35
Jurisdiction, 12-1 to 12-25, 12-33 to 12-42
Right of appeal and judicial review of, 6-132 to 6-137
Sovereign immunity precluding review of disenrollment, 6-132 to 6-137, 12-6 to 12-8, 12-11 to 12-14
Standard of review, 7-113, 12-6, 12-34 to 12-35
Stipulation to identify parties, effect on non-parties. 12-72 to 12-75
Tribal constitution and, 12-2, 12-8 to 12-22, 12-33 to 12-42
Dissolution of marriage
Hearing, lack of service, effect of, 3-335 to 3-337
Petition previously filed in state court, effect of, 9-102 to 9-104
Trust land in division of property, 10-44 to 10-53
Spousal maintenance, see Spousal maintenance
Division of property, trust land in dissolution of marriage, 10-44 to 10-53
Divorce, see Dissolution of marriage
Dog
Barking as disturbance of the peace, 5-147 to 5-148
Decision to destroy, findings necessary for, 5-96 to 5-100
Vicious dog, euthanasia of, 8-61 to 8-63
Domestic relations, jurisdiction over, 7-28 to 7-32
Domestic violence
Family or household member, defined, 14-29
Protection order, 13-25 to 13-27, 14-28 to 14-31
“Related by marriage,” interpretation of, 14-29 to 14-31
Right to be informed of the nature of the charges, 12-60 to 12-61
Right to possess firearms to fulfill the requirements of service in Marine Corps Reserve, 13-25 to 13-27
Double jeopardy
Indian civil rights, 2-133 to 2-137
Right against, 2-130, 2-133 to 2-137
Second arraignment after final commitment form issued, 4-45 to 4-47
Driving
Reckless driving, negligent driving as lesser included offense in, 2-224 to 2-225, 2-240
Speeding, see Speeding
While intoxicated, see Driving while intoxicated
Without a license, penalty for, 4-78 to 4-79
Driving while intoxicated (DWI)
Alcohol treatment program, 1-11, 1-12, 1-14, 1-18
Breathalyzer, see Breathalyzer
Jail term and fine suspended conditioned on appellant committing no further DWI violations, 1-11, 1-18
Sobriety test, see Breathalyzer
Drug testing
Evidence of validity of test results, 11-27 to 11-30
Procedures for shellfish divers, 8-85 to 8-92
Drug dealing
Exclusion from reservation, 11-100 to 11-112
Eviction and unlawful detainer action, 12-26 to 12-32
Due process
Bail forfeiture, 14-32 to 14-36
Continuance, decision rendered without consideration of motion for, 1-92 to 1-94
Court jurisdiction over tribal council actions, 3-242 to 3-245
Disenrollment in tribe, 12-38 to 12-42
Employment termination, 1-82 to 1-85, 3-250 to 3-263, 6-67 to 6-70, 6-79 to 6-80, 11-55 to 11-57, 11-61
Eviction, 3-320 to 3-325, 6-182 to 6-184, 7-22 to 7-27
Exclusion from tribal land, 3-281 to 3-285, 7-133 to 7-134, 14-50 to 14-52
Fundamental fairness, 1-99, 1-105
Gaming commissioner, procedures to remove as denial of due process, 6-93 to 6-98
Gaming license, revocation of, 3-330 to 3-332, 3-366, 7-58 to 7-61
Guardianship, termination of, 3-269 to 3-272, 6-113 to 6-118
Hearing procedures, generally, 6-94 to 6-96
Indian civil rights, generally, 2-231, 2-233, 3-258, 3-270, 3-284, 3-324, 4-190 to 4-191, 6-11, 11-24 to 11-26
Jurisdiction and, 14-13 to 14-14
Notice, see Notice
Notice of appeal, 6-105 to 6-106
Opportunity to be heard, 3-269 to 3-272, 4-88 to 4-89, 4-114 to 4-115, 6-117
Opportunity to respond, 4-114 to 4-115
Paternity hearing, 3-286 to 3-290
Persons with no protectable legal interest, 4-142, 4-146 to 4-148
Placement of child, 9-71 to 9-73, 11-18
Presumption of innocence, 4-190 to 4-192
Probation revocation, 10-124 to 10-129
Procedural, 1-50 to 1-56, 5-124 to 5-126, 7-116 to 7-117
Removal of child, 9-67, 9-71 to 9-73
Revocation of gaming license, 3-330 to 3-332
Right to, 2-160, 2-164 to 2-165
Right to hearing, 4-114 to 4-115
Speedy trial, see Speedy trial
Standard of review, 7-23 to 7-24
Termination of occupancy, 3-320 to 3-325
DWI, see Driving while intoxicated
E
Election
Committee, review of action of, 4-159 to 4-162
Disputes, subject matter jurisdiction in, 6-45 to 6-46
Employment Court
Jurisdiction, 13-38
Standard of review in appeal from, 13-36 to 13-37
Employment termination and suspension
Abandonment of job, 5-95, 6-17 to 6-21, 9-50 to 9-54, 9-80 to 9-81
Abolishing positions that were created by a prior employee, 6-212 to 6-214
Absence, failure to notify supervisor directly of, 5-11 to 5-13
Agency heads or executive directors, 3-257 to 3-258
Agreement re prior disciplinary action, effect on subsequent termination, 8-93 to 8-99
Arbitrary and capricious standard, 5-31 to 5-33
Attendance policies, violation of, 12-52 to 12-55
At-will status, 10-54 to 10-59, 11-61
Back pay from effective date of reinstatement, 5-21, 5-23 to 5-24
Burden of proof, 3-260
Business reasons, termination based on, 5-139 to 5-141
Company computer use, no expectation of privacy in, 6-170
Damages for wrongful termination, 4-99, 4-101 to 4-104
Date of termination, 8-1 to 8-7
Demurrer, remand motion construed as, 5-145 to 5-146
Discrimination, 5-132 to 5-134, 5-135 to 5-136, 6-30 to 6-35, 12-52 to 12-55
Drug test failure, suspension for, 11-27 to 11-34
Due process, 1-82 to 1-85, 3-250 to 3-263, 6-67 to 6-70, 6-79 to 6-80, 11-55 to 11-57, 11-61
Emotional distress, 4-103 to 4-104
Employment Court, see Employment Court
Exempt employees, 3-256
Exhaustion of administrative remedies, 5-145 to 5-146, 8-1 to 8-7
Failure to follow personnel policies and procedures, effect of, 5-1 to 5-5, 6-177 to 6-178
Failure to follow supervisor’s direct orders, suspension for, 6-38 to 6-41
Failure to provide pre-termination evaluation, 6-70
Failure to provide written warning, 9-39 to 9-44
Failure to respond to notice to return to work, 6-17 to 6-21
Federal laws, effect of, 11-54 to 11-55
Final order for appeal, 12-47 to 12-50
Grievance procedures, 1-82 to 1-85, 3-250 to 3-263, 6-67 to 6-70, 8-1 to 8-7, 10-14 to 10-19, 11-1 to 11-6
Grievance, formal, timing of, 11-1 to 11-6
Grievance submission to proper official, 12-66 to 12-68
Impeding efficiency of an organization, 6-82, 6-85
Independent arbiter, 3-258, 3-259
Indian civil rights, 1-82 to 1-85, 6-79 to 6-80
Indian preference policy, 5-139 to 5-141
Insubordination, 6-41 to 6-42, 6-75 to 6-82, 6-85
Introductory employees, 5-132 to 5-136, 6-33 to 6-34
Invalid termination notice based on procedural error, effect of, 5-34 to 5-36
Investigations in employment matters, documentation and timing of, 12-62 to 12-65
Jurisdiction, 4-105 to 4-106, 7-65 to 7-70, 10-11 to 10-13, 11-1 to 11-6
Leave without pay, oral assurance of approval of, 9-80 to 9-81
Major vs. minor offenses, 6-42, 6-80 to 6-86, 6-138 to 6-139, 6-177 to 6-178, 6-210 to 6-211, 7-146 to 7-147, 9-41 to 9-43
Misinterpretation of procedure and review duties, 14-20 to 14-22
Mitigating factors, 8-51 to 8-54
Naming tribe as defendant, 12-79 to 12-82
Necessary party in wrongful termination, 14-62 to 14-64
Nepotism, 4-171, 4-175 to 4-176
Non-member employee, 5-137 to 5-141
Non-Indian employee, 11-52 to 11-61
Notice of a return to work date after leave, employee obligations following, 5-90 to 5-95
Notice of, see Notice of employment termination or suspension
Personnel manual, effect of, 12-83 to 12-87
Personnel policies, effect of adoption of, 5-140 to 5-141
Probationary period, termination during, 4-129 to 4-132, 5-67 to 5-72, 5-74 to 5-77, 5-132 to 5-136
Procedural requirements, 6-210 to 6-211
Progressive discipline, appropriate, 6-76 to 6-77, 6-82 to 6-86, 6-177, 9-43 to 9-44
Record of the administrative grievance, failure to produce for judicial review, 11-73 to 11-78, 11-93 to 11-96
Relief limited to reinstatement and/or back pay and benefits, 6-138 to 6-139
Remedies when employer entity no longer exists, 6-18 to 6-21
Request for hearing, requirements and sufficiency of, 5-50 to 5-52
Retroactive pay, see Retroactive pay
Scope of review, 11-96 to 11-99, 14-19 to 14-22
Second hearing on the same facts and issues, 5-29, 5-32 to 5-33
Severance pay of Tribal Chairman to self after losing re-election, 10-1 to 10-4, 10-111 to 10-118
Sleeping on the job, 9-39 to 9-44
Sovereign immunity from employee suit, 10-14 to 10-19, 11-1 to 11-6, 11-55 to 11-61, 11-75 to 11-76, 11-78, 12-66 to 12-68, 12-79 to 12-87, 13-37 to 13-38
Standard of review, 3-263, 4-102 to 4-103, 5-13 to 5-14, 5-31 to 5-33, 6-154 to 6-156, 7-67, 7-147 to 7-148, 12-53, 14-20 to 14-23
Statute of limitations, 4-100
Substantial evidence review, 14-20 to 14-23
Supporting evidence, 6-34 to 6-35
TERO as superseding prior administrative grievance procedures, 3-250 to 3-263
Timing for appealing a TERO decision, 4-171, 4-173 to 4-175
Timing of appeal, 12-54
Unauthorized (unexcused) absence, discipline for, 4-123 to 4-128
Use of tribal credit card to make personal purchases, 5-29 to 5-33
Warning as notice of unacceptable behavior, 9-39 to 9-44
Enforcement of judgment, seizure of personal property to satisfy money judgment, 5-63 to 5-66
Enrollment (membership) in tribe
Constitutonal criteria for, 14-2
Constitutional amendments to change enrollment criteria, 14-2 to 14-3
Disenrollment, see Disenrollment in tribe
Eligibility when blood-quantum qualified, but descended from another tribe and with no enrolled parent, 7-78 to 7-82
Issues of membership not justiciable in any court, 14-5 to 14-8, 14-12 to 14-13
Equal protection, exclusion order as denial of, 3-281 to 3-285
Error of law or procedure
Abuse of discretion, see Abuse of discretion
Assignment of error as prerequisite to appeal, 5-6 to 5-7, 9-94 to 9-95
Employment termination, 7-147 to 7-149
Failure to allege error, 6-28 to 6-29, 6-140, 6-142, 6-146 to 6-147, 8-45 to 8-46, 9-90 to 9-93
Failure to show that error would affect outcome, 6-129 to 6-131, 8-40 to 8-41, 8-45 to 8-46
Trial court error to second-guess party’s litigation strategy, 6-61 to 6-62
Estoppel
Collateral estoppel in exclusion from tribal land, 4-8, 4-14 to 4-15
Court discretion to apply doctrine of, 7-12 to 7-16
Equitable estoppel, 3-368, 7-117 to 7-118
Standard of review, 7-12
Eviction and unlawful detainer action
Child handicap as basis to avoid, 1-65
Damages during occupation, 1-88 to 1-91
Due process, 3-320 to 3-325, 6-182 to 6-184, 7-22 to 7-27
Failure to show that error would affect outcome, 8-45 to 8-46
House payments, failure to make, 3-349 to 3-352
Indian civil rights, 6-182 to 6-184
Jurisdiction, 3-312, 3-315, 3-318, 4-4, 4-60, 4-62 to 4-63, 6-198
Maintain property, failure to, 4-20 to 4-23
New lease, offer and acceptance of, 4-62 to 4-64
Notice of amount owing, 3-353 to 3-355
Notice of delinquent rent, 2-155
Notice of, generally, 12-91 to 12-94
Notice of hearing, adequacy of, 5-112 to 5-113, 7-22 to 7-27, 12-91 to 12-94
Notice of modification of contract, 3-351 to 3-352
Notice of termination, see Notice of termination of occupancy
Notice of unlawful occupancy, 2-156 to 2-157
Nuisance, church activity as, 6-179 to 6-186
Oral argument, waiver of, 12-29
Procedures for, 2-154 to 2-158, 4-18, 4-23 to 4-24, 12-93 to 12-94
Rent, failure to pay, 3-309 to 3-313, 3-314 to 3-319, 3-370 to 3-371, 4-3 to 4-5, 4-142 to 4-150, 11-7 to 11-12
Service of summons and complaint, 12-91 to 12-94, 13-40 to 13-41
Settlement agreement, 3-355 to 3-356
Settlement offer, 11-11 to 11-12
Standard of review, 7-47
Summons required in, special, 2-157
Time given to vacate premises, 4-61
Unauthorized persons in residence, 4-18 to 4-20
Writ of restitution, 3-309 to 3-310, 3-311 to 3-313, 3-314 to 3-316, 3-317 to 3-319, 3-370 to 3-371
Evidence
Additional evidence on appeal, 2-170, 2-173 to 2-175, 4-5, 5-97 to 5-98
Admissibility of, see Admissibility of evidence
Availability of tribal rules of evidence, 11-70 to 11-71
Character evidence in exclusion from tribal land, 11-106 to 11-107
Credibility vs. relevance, 2-170 to 2-174
Discovery violations, 4-133 to 4-137
Dismissal prior to taking, 8-47 to 8-50
Exclusion of, see Exclusion of evidence
Factual inquiry as prerequisite to appeal, 5-8 to 5-10
Failure to conduct adequate evidentiary hearing, 9-35 to 9-38
Failure to offer, 6-34 to 6-35
Material requested by subpoena, but not received, 4-133 to 4-137
New evidence, 3-290
Possession or control of, 4-136
Prejudicial vs. probative value, 2-170 to 2-174
Prohibition against use of state and federal rules of evidence, 6-87 to 6-88
Pro se (unrepresented) party, 4-137
Reasonable inferences, 2-152
Rules of evidence, availability of, 11-70 to 11-71
Rules of evidence, prohibition against use of state and federal rules, 6-87 to 6-88
Substantial-evidence standard of review, 2-149 to 2-153, 4-102 to 4-103, 5-13 to 5-16, 6-59 to 6-66
Sufficiency of, 2-149 to 2-153, 5-149 to 5-150, 6-34 to 6-35, 7-134 to 7-136
Trial court best suited to review, 1-71 to 1-72, 3-304, 3-305, 4-12 to 4-13, 4-81
Withholding evidence and information from the parties, 11-16 to 11-18
Exclusion from tribal land
Abuse of discretion for failure to take evidence, 3-303
Burden of proof, 3-292 to 3-294, 3-297, 3-298 to 3-302, 4-28 to 4-30
Character evidence, court discretion to allow, 11-106 to 11-107
Collateral estoppel, 4-8, 4-14 to 4-15
Conduct subject to, 3-294 to 3-296, 3-300
Drug dealing, 11-100 to 11-112
Due process and, 3-281 to 3-285, 7-133 to 7-134, 14-50 to 14-52
Elements of, 11-104
Evidence, sufficiency of, 7-134 to 7-136
Failure to exclude witness, 4-8, 4-13 to 4-14
Failure to show that error would affect outcome, 8-40 to 8-41
Guilty plea, manifestly unfair circumstances in taking of, 6-162 to 6-167
Jurisdiction, 11-103 to 11-104, 11-111
Jury trial, court discretion to allow, 11-106 to 11-107
Liberty interest, exclusion order as denial of, 3-281 to 3-285
Necessary to protect community health, safety, or welfare, 3-296 to 3-297, 3-301 to 3-302, 4-10 to 4-13, 4-26 to 4-30
Notice of, constructive, 14-51
Procedure in, 3-296 to 3-297, 3-302, 7-130 to 7-133, 14-50 to 14-52
Property interest in fee lands, taking of, 11-105, 11-107 to 11-111
Proposed order vs. final order, 14-51 to 14-52
Repeated commission of a crime, 11-104
Selective (discriminatory) enforcement, 11-107
Service of order, 14-50 to 14-52
Standard of proof, 3-298 to 3-300, 3-301
Standard of review, 11-103, 14-50
Sufficiency of evidence, 4-28 to 4-30
Exclusion of evidence
Failure to exclude witness, 4-8, 4-13 to 4-14
Laboratory report not based on relevant scientific methods, 9-25 to 9-27
Necessary to protect community health, safety, or welfare, 4-10 to 4-13, 4-26 to 4-30
Sanction for failure to advise of right to remain silent, 2-127 to 2-129
Statements made before being advised of rights, 1-106 to 1-110
Statute of limitations, effect of, 4-8, 4-11 to 4-12, 4-15
Witness testimony, 4-8 to 4-15
Exhaustion of administrative remedies
Employment termination, 5-145 to 5-146, 8-1 to 8-7
Gaming license, revocation of, 7-62 to 7-64
Ex parte
Orders, 1-47
Young doctrine, 6-53 to 6-55, 6-137, 12-6 to 12-8, 12-35
Expert witness, specialized training or knowledge, 9-25 to 9-27
F
Failure to appear
Arrest warrant based on, 8-68 to 8-73
Brief on the issues submitted in lieu of appearance, 7-23
Contempt fine for, 6-12 to 6-13
Continuance, effect on, 1-17
Default judgment upon, 5-8 to 5-10
Dismissal for, 3-265 to 3-268, 3-370 to 3-371, 6-110 to 6-112
Disobedience to lawful court order, 4-86 to 4-88, 4-89 to 4-90
Failure to allege error as effect of, 6-140, 6-142, 6-146 to 6-147
Failure to prosecute as effect of, 2-118 to 2-121, 3-268
Guilt by default, 4-86 to 4-89
Service to adult in the home, 6-140
Summary judgment upon, 8-15 to 8-16
Failure to prosecute appeal, 2-118 to 2-121, 3-268
Failure to specify grounds for appeal, 5-18, 6-24 to 6-25, 7-1 to 7-2, 9-90 to 9-93, 10-88 to 10-89
Failure to specify order being appealed, 6-24 to 6-25
Failure to state a claim, 12-69 to 12-71
Federal laws, effect of, see State and federal laws, effect of
Final judgment or order
Counterclaim, dismissal of, not final judgment, 6-1 to 6-3
Custody decision not final judgment without permanent parenting plan order, 8-20 to 8-29
Dismissal, denial of, finality of, 4-183 to 4-184, 10-2, 11-54, 12-69 to 12-71
Entry of judgment, 9-13
Injunction, preliminary, not final judgment, 6-43 to 6-44
Judgment on a dispositive motion is final for appeal purposes, 9-1 to 9-11
Jurisdiction determination not final judgment, 4-183 to 4-184
Prerequisite to appeal, 4-1 to 4-2, 4-25, 4-181 to 4-182, 4-183 to 4-184, 6-26 to 6-27
Summary judgment, denial of, not final, 4-181 to 4-182
Terminating litigation and determining parties’ rights, order as, 9-69 to 9-71
Timing of appeal from, 9-77 to 9-80
Visitation decision not final judgment without permanent parenting plan order, 8-20 to 8-29
Findings of fact
Abuse of discretion, see Abuse of discretion
Contrary to the evidence, 9-105 to 9-117
Decision to destroy dog, findings necessary for, 5-96 to 5-100
Lack of, 13-1 to 13-4, 13-26 to 13-27
Jury’s findings as subject to appeal or retrial, 1-50, 1-55 to 1-56
Standard of review for, 6-200 to 6-203, 7-11, 13-2
Statutorily required, 13-3 to 13-4
Substantial evidence for, 5-13 to 5-14, 6-201 to 6-203
Supporting evidence needed in the record for, 8-32 to 8-34
Fireworks code violation notice and confiscation, sufficiency of citation, 11-22 to 11-26
Fishing
Abuse of discretion in allowing state enforcement to cite for violation, 1-99, 1-104 to 1-105
Administrative Procedure Act inapplicable to the Shellfish Code, 8-87 to 8-88
Closed waters, fishing in, 1-71 to 1-72, 1-99 to 1-100, 1-104, 1-106 to 1-111
Definition of, as vague in defining prohibited conduct, 1-106, 1-110
Discrimination against tribal women, 1-103
Discrimination in prohibition against non-member fishing, 1-99, 1-103
Drug-testing procedures for shellfish divers, 8-85 to 8-92
Helper, liability of, 1-106, 1-111
Indian civil rights, 1-99 to 1-103
Interference with fishermen, 3-304 to 3-307
Protection of tribal resources as protection of traditional law through limits on fishing, 5-119 to 5-131
Sentence specific to pink-salmon fishing offense, 2-190, 2-194 to 2-195
Shellfish divers, drug-testing procedures for, 8-85 to 8-92
Shellfish harvest permit, denial of, 11-19 to 11-21
Spousal fishing rights, 1-99, 1-101 to 1-103
Taking fish from another fisher’s net, 6-12
Traditional law, protection of, 5-128 to 5-130
Foreign judgment, statute of limitations on, 5-58 to 5-62
Forfeiture of property
Based on transcripts of recorded conversations from sting operation, 3-273 to 3-279
Excessive fine under Indian civil rights, 11-45 to 11-51
Exclusion from tribal lands as taking of property interest in fee lands, 11-105, 11-107 to 11-111
Standard of review, 11-42 to 11-43
Vehicle used to transport drugs as grounds for, 9-29 to 9-32
Foster care provider without legal custody of child, standing of, 1-33 to 1-36
Foster parents, standing and rights of, generally, 2-196 to 2-198, 2-202, 2-208 to 2-210, 2-212 to 2-213
Frivolous appeal, 5-19, 9-86 to 9-89
Fundamental fairness, 1-99, 1-105
G
Gaming Commission
Appeal of Gaming Court decisions, 9-48
Failure to reappoint or replace as tacit reappointment of commissioner, 6-93, 6-98 to 6-100
Procedures for removing commissioners as denial of due process, 6-93 to 6-98
Removal of member for good cause, 6-99
Gaming Court decisions, appeal of, 9-48
Gaming license, revocation of
Gaming Commission, powers of, 3-329 to 3-330
Gaming director’s license, 9-48
Generally, 3-326 to 3-332, 3-363 to 3-369
Due process rights, 3-330 to 3-332, 3-366, 7-58 to 7-61
Equitable estoppel, 3-368
Exhaustion of administrative remedies, 7-62 to 7-64
Jurisdiction, 3-329, 3-365, 7-51 to 7-64
Notice, 3-330
Standard of review, 7-54 to 7-55
Temporary summary suspension of license, 7-51 to 7-64
Gang membership, admissibility of, 4-32, 4-42 to 4-44
Gift, mobile home as, 3-377 to 3-379
Grounds for appeal, failure to specify, 5-18, 6-24 to 6-25, 7-1 to 7-2, 9-90 to 9-93, 10-88 to 10-89
Guardianship
Best interests of the child, 13-15 to 13-19
Changing a guardianship proceeding into a custody proceeding as invalid, 4-138 to 4-141
Determination by beda?chelh that both parties are “eligible” guardians not a “recommendation” for appointment, 13-15 to 13-16
Error of law or procedure must have effect on outcome, 6-129 to 6-131
Fictive-aunt status, 8-76 to 8-80
Guardian ad litem report, weight given to, 13-15 to 13-19
Joint custody award as termination of guardianship, 6-113 to 6-118
Judge as prior guardian ad litem of youth in current proceedings, 10-130 to 10-134
Minor in need of care and, 10-29 to 10-36, 10-71 to 10-77, 10-90 to 10-100
Report to the court, parties’ right to, 8-42 to 8-44
Temporary, duration of, 4-6 to 4-7
Termination of, due process for, 3-269 to 3-272, 6-113 to 6-118
Termination of, lack of opportunity to be heard, 3-269 to 3-272, 6-117
Traditional law vs. ordinance, 8-74 to 8-80
Guilt
Plea of guilty, manifestly unfair circumstances in taking of, 6-162 to 6-167
Reasons for finding of, 1-17 to 1-18
H
Harassment
Restraining (protective) order, 9-55 to 9-60
Hearsay
Admission of, 6-13 to 6-14, 7-16 to 7-18
Standard of review, 7-12
Hunting
Exceeding the daily bag limit, 1-57 to 1-58
Failure to report species and properly tag animal, 1-57 to 1-58
Improperly notched elk tag, 1-86 to 1-87
I
Incompetency, effect on signed contract, 1-112 to 1-113
Indian civil rights
Bill of Rights, compared, 1-15, 2-181, 3-244, 3-284, 4-190, 5-126 to 5-127, 6-117
Continuances, 6-11
Counsel, right to, 1-16 to 1-17, 1-97 to 1-98, 2-147, 5-126 to 5-127
Court-ordered psychosexual evaluation, 5-110
Discrimination against tribal women, 1-103
Double jeopardy, 2-133 to 2-137
Due process, generally, 2-231, 2-233, 3-258, 3-270, 3-284, 3-324, 4-190 to 4-191, 6-11, 11-24 to 11-26
Employment termination and suspension, 1-82 to 1-85, 6-79 to 6-80
Forfeiture of property as excessive fine, 11-45 to 11-51
Generally, 3-244
Hearing procedures, generally, 6-94 to 6-96
Jurisdiction, effect on, 10-64 to 10-70
Notice requirements, 5-118, 6-105 to 6-106
Opportunity to be heard, 4-88 to 4-89, 4-114 to 4-115, 6-117
Placement of child, 9-67, 9-71 to 9-73
Religious freedom and practices, 6-185 to 6-186
Removal and placement of child, 9-67, 9-71 to 9-73
Sovereign immunity and, 2-160 to 2-164, 5-60 to 5-61, 6-51 to 6-53, 11-56 to 11-57, 11-75 to 11-76, 11-78
Speedy trial, 1-14 to 1-15, 6-188 to 6-190
Standing, 4-69
Ineffective assistance of counsel
Inadequate time to prepare, 1-11, 1-16 to 1-17
Standard for determining, 4-156
Injunction
Extraordinary injustice or irrevocable harm caused by, 6-43 to 6-44
Preliminary injunction not final judgment, 6-43 to 6-44
Insurance benefits claim, legal standard and sufficient evidence for, 8-17 to 8-19
Interlocutory appeal
Authority for, 4-182
Denial of motion to dismiss, finality of, 4-184, 10-2, 11-54, 12-69 to 12-71
Dismissal of a counterclaim, 6-1 to 6-2
No assignment of error, 5-6 to 5-7, 9-94 to 9-95
Order not final, 9-99 to 9-101
Remand for further findings and conclusions, 7-42 to 7-44
Ruling for additional fact finding, effect of, 12-66 to 12-68
Issues raised for first time on appeal, 4-75 to 4-77, 4-151, 4-153 to 4-155, 4-158, 5-18 to 5-19
J
Jail time
Credit for concurrent time served and good time credit, 7-121 to 7-122, 10-124 to 10-129
Extension of jail time after completion of, 9-97 to 9-98
Probation revocation, due process, 10-124 to 10-129
Judge
Abuse of discretion, see Abuse of discretion
Appearance of partiality, 4-66 to 4-72, 4-193 to 4-198, 6-127 to 6-128
As prior guardian ad litem of youth in current proceedings, 10-130 to 10-134
As prosecutor in same jurisdiction, 6-165 to 6-166
Bias or prejudice, 2-196, 2-200 to 2-202, 2-204, 4-193 to 4-198, 6-9 to 6-10, 6-127 to 6-128, 7-3 to 7-8, 11-62 to 11-63
Coercing the jury, judge’s remarks as, 3-343, 3-345 to 3-348
Contempt proceeding, judge who initiates, to preside at the subsequent hearing, 7-3 to 7-8
Disqualification, 4-193 to 4-198, 6-9 to 6-10, 7-3 to 7-8, 10-130 to 10-134, 11-62 to 11-63
Friendly relations with court staff, 6-118
Indian, requirement that judges must be, 8-30 to 8-31
Non-Indian judge, order from, 8-30 to 8-31
Personal attacks on, as inappropriate conduct, 4-118
Probate, duty to facilitate, 4-1 to 4-2
Pro tem judge’s judgment on a dispositive motion is final for appeal purposes, 9-1 to 9-11
Recusal, 4-66 to 4-72, 6-9 to 6-10, 9-19 to 9-21
Witness, judge as, 9-21 to 9-22
Judgment, final, see Final judgment
Jurisdiction
Acceptance of benefits and other contacts as basis for, 6-172 to 6-176
Battery, action for, 13-44 to 13-52
Cession of, 1-99, 1-104 to 1-105
Consent to, 7-104 to 7-110, 10-60 to 10-70
Constitutional source of, 13-44 to 13-46, 13-50
Court jurisdiction over tribal council actions, 3-242 to 3-245
Court of general jurisdiction, 14-37 to 14-39
Court of limited jurisdiction , 13-44 to 13-52
Custody, 1-19, 1-22, 7-28 to 7-32, 7-104 to 7-110
Decision whether to exercise jurisdiction in custody determinations, 13-5 to 13-11
Defamation action, 4-73 to 4-74
Default on loan payment, 3-372 to 3-376
Dependency actions, 1-45 to 1-46, 6-172 to 6-176
Determination of jurisdiction as final judgment, 4-183 to 4-184
Discrimination allegation, jurisdiction established by, 6-30 to 6-35
Disenrollment in tribe, 12-1 to 12-25, 12-33 to 12-42
Division of property, trust land in dissolution of marriage, 10-44 to 10-53
Domestic relations, 7-28 to 7-32
Due process and, 14-13 to 14-14
Election disputes, 6-45 to 6-46
Employment Court, 13-38
Employment termination, 4-105 to 4-106, 7-65 to 7-70, 10-11 to 10-13, 11-1 to 11-6
Enrollment (membership) in tribe, 14-4 to 14-13
Eviction and unlawful detainer action, 3-312, 3-315, 3-318, 4-4, 4-60, 4-62 to 4-63, 6-198
Exclusion from tribal land, 11-103 to 11-104, 11-111
Failure to assert, 1-99, 1-104 to 1-105
Federal officials acting in official capacities, 7-87 to 7-89
“First in time is first in right” as mechanical jurisdictional test, 13-10
Gaming license, revocation or suspension of, 3-329, 3-365, 7-51 to 7-64
Indian civil rights, effect of, 10-64 to 10-70
Lack of, 3-372 to 3-376, 4-159 to 4-162
Limited jurisdiction, court of, 13-44 to 13-52
Long-arm statutes, 1-61
Minor in need of care, jurisdictional effect of, 1-42 to 1-46, 10-29 to 10-36, 10-71 to 10-77, 10-93 to 10-97
Non-Indians, jurisdiction over, 1-73 to 1-80, 4-60, 6-111, 7-90 to 7-103, 9-37 to 9-38, 10-60 to 10-70, 13-61 to 13-64
Non-member Indian, consent to jurisdiction by, 7-104 to 7-110
Ordinances, matters arising under, 1-60 to 1-64
Personal jurisdiction, 1-73, 1-80 to 1-81, 6-105 to 6-106, 10-60 to 10-70
Persons living outside of the reservation, jurisdiction over, 6-172 to 6-176
Probate action commenced in state court, 1-73 to 1-80
Request that jurisdiction remain with the state, 2-125
Reservation fee lands, historical basis for jurisdiction over, 5-37 to 5-49
Restraining order against non-Indian, 13-61 to 13-64
Retroactive application of ordinance for, 1-60, 1-62 to 1-64
Service of process and, 13-41, 13-55 to 13-59
Sovereign immunity as bar to, 2-186 to 2-188, 7-87 to 7-89, 10-1 to 10-4, 14-5 to 14-11
Speeding non-Indian motorist on non-Indian lands within reservation, 7-90 to 7-103, 9-37 to 9-38
Spousal maintenance, authority to award, 14-37 to 14-39
Standard of review, 14-4
Subject matter jurisdiction, 1-73, 1-75 to 1-77, 1-81, 3-372 to 3-376, 4-159 to 4-162, 5-144 to 5-145, 6-30 to 6-35, 6-45 to 6-46, 6-107 to 6-108, 7-55 to 7-58
Territorial jurisdiction, conduct of non-Indian within, 13-63 to 13-64
Tribal members living outside of the reservation, jurisdiction over, 6-172 to 6-176
Trust land in dissolution of marriage division of property, 10-44 to 10-53
Visitation with great grandson, petition for, 8-81 to 8-84
Waiver of sovereign immunity, 2-162 to 2-163, 2-186 to 2-188, 6-36 to 6-37, 6-49 to 6-55, 8-37 to 8-38, 13-37 to 13-38
Jury
Coercing the jury, judge’s remarks as, 3-343, 3-345 to 3-348
Contempt of court for failure to appear for jury service, 4-41
Exclusion from tribal land, 11-106 to 11-107
Expansion of jury pool, 4-32 to 4-33, 4-39 to 4-41
Findings of fact by, as subject to appeal or retrial, 1-50, 1-55 to 1-56
House arrest considered in determining post-conviction confinement, 4-32, 4-52, 4-54
Indian civil rights, 1-24 to 1-28
Instructions, see Jury instructions
Law and Order Code, supremacy of, 1-97 to 1-98
Six-person jury, majority vs. unanimous vote of, 4-33, 4-41 to 4-42
Waiver of right to, 1-24 to 1-26
Jury instructions
First degree rape, 4-32 to 4-33, 4-47 to 4-50, 4-55 to 4-57
Instructions to vote anonymously, effect of, 3-343 to 3-346, 3-348
Juvenile sentencing agreement based on attendance at boarding school, 3-357 to 3-358
L
Land use and zoning
Denial of permit as arbitrary and capricious, 6-122 to 6-128
Logging, 5-38 to 5-49, 7-72 to 7-77
Zoning ordinance controls in inconsistencies with a comprehensive plan, 6-121 to 6-122
Law and Order Code, supremacy of, 1-97 to 1-98
Liberty interest, exclusion order as denial of, 3-281 to 3-285
Logging, 5-38 to 5-49, 7-72 to 7-77
Long-arm statutes, 1-61
Low blood sugar, conducting the hearing in spite of, 9-29 to 9-31
M
Malicious mischief, 4-155
Maintenance, see Spousal maintenance
Malicious prosecution, sovereign immunity and, 10-101 to 10-107
Membership in tribe, see Enrollment in tribe
Minor in need of care
Dependency actions, jurisdiction in, 1-45 to 1-46, 6-172 to 6-176
Guardianship and, 10-29 to 10-36, 10-71 to 10-77, 10-90 to 10-100
Jurisdictional effect of, 1-42 to 1-46, 10-29 to 10-36, 10-71 to 10-77, 10-93 to 10-97
Placement of child, see Placement of child
Reporting alleged abuse or neglect, requirements for, 10-98 to 10-100
Visitation and, 10-76
Motion
Annotations as response to, effect of, 2-160, 2-162
Continuance, decision rendered without consideration of motion for, 1-92 to 1-94
Dismissal, writ of mandate to reverse denial of motion for relief from, 4-164 to 4-166
Failure to rule on, 4-44 to 4-45
Procedural error, motion to dismiss vs. motion for more specific reasons as, 1-48 to 1-49
Summary judgment, writ of mandate to reverse denial of motion for, 4-167 to 4-168
N
Necessary party in wrongful termination, 14-62 to 14-64
Negligence
Damages for allowing fire to spread to neighbors’ property, 10-78 to 10-80
Duty of reasonable care, 10-80
Fiduciary duty of Tribal Chairman, 7-39 to 7-41
Negligent driving as lesser included offense in reckless driving, 2-224 to 2-225, 2-240
New trial
Courtroom demonstration as grounds for, 4-52 to 4-53
Letter as motion for, 9-45 to 9-47
On appeal, requirement of, 2-210 to 2-211
Non-Indian
Employment termination, 11-52 to 11-61
Judge, order from, 8-30 to 8-31
Jurisdiction over, 1-73 to 1-80, 4-60, 6-111, 7-90 to 7-103, 9-37 to 9-38, 10-60 to 10-70, 13-61 to 13-64
Restraining order against, 13-61 to 13-64
Speeding non-Indian motorist on non-Indian lands within reservation, 7-90 to 7-103, 9-33 to 9-38
Notice
Appeal, see Notice of appeal
Charges, sufficiency of notice of, 11-22 to 11-26
Constructive notice of exclusion order, 14-51
Emergency custody hearing, 5-117 to 5-118
Employment termination, see Notice of employment termination or suspension
Eviction, see Eviction and unlawful detainer action
Hearing to dismiss, 3-266 to3-267, 3-286 to 3-290
Indian civil rights, 5-118, 6-105 to 6-106
Law, notice of, 2-228 to 2-240
Nature of the hearing, notice of, 5-63 to 5-66
Paternity hearing, 3-286 to 3-290
Public hearing, 6-107
Revocation of gaming license, 3-330
Service to another resident of household, 5-112 to 5-113
Termination of employment, see Notice of employment termination or suspension
Termination of occupancy, see Notice of termination of occupancy
Tribal traditions, practices, and teachings, role of, 2-230 to 2-235
Unlawful occupancy, 2-156 to 2-157
Notice of appeal
Extension of time to file, 12-88 to 12-90
Failure to cure defects in, 9-28
Failure to show that error would affect outcome, 6-129 to 6-131, 8-40 to 8-41, 8-45 to 8-46
Failure to specify order being appealed, 6-24 to 6-25
Failure to state grounds for appeal, 5-18, 6-24 to 6-25, 7-1 to 7-2, 9-90 to 9-93, 10-88 to 10-89
Filing deadline, 9-12 to 9-14, 12-89
Filing fee, 12-90
Mailing and receipt of, independent evidence of, 12-90
Service of, 2-196, 2-201, 2-202, 6-105 to 6-106
Specifying errors of law or procedure, 6-91 to 6-92, 10-88 to 10-89
Specifying what portions of the decision are to be reviewed, 6-91 to 6-92
Timeliness of, 1-43 to 1-45, 1-68 to 1-70, 4-107 to 4-109, 5-53 to 5-55, 5-56 to 5-57, 7-114 to 7-115, 9-77 to 9-80, 9-126 to 9-128
Notice of employment termination or suspension, see also Employment termination or suspension
Adequacy of, 3-259, 7-159 to 7-162, 9-39 to 9-44
Citation to incorrect date, effect of, 6-143 to 6-145
Initials of supervisor on, 9-52
Signature requirement, 7-19 to 7-20, 10-119 to 10-123
Notice of termination of occupancy, see also Eviction and unlawful detainer action
Failure to provide, 3-320 to 3-325
Following partial payment, 7-26
Inadequate procedure for, 4-23 to 4-24
Invalidity, effect of, 3-350 to 3-351
Law in effect at the time of decision, effect of, 5-87 to 5-89
Notice of delinquent rent as inadequate notice of termination, 2-155 to 2-156
Rental agreement provisions for notice and service requirements, 11-10, 11-12
Nuisance, church activity as, 6-179 to 6-186
O
Oral agreement, 7-138 to 7-142
Oral argument, waiver of, 12-29
P
Parental rights, termination of
Service of process, 13-55 to 13-59
Signature requirement, 10-85 to 10-87
Procedural requirements as basis for challenge of, 14-42 to 14-45
Voluntary consent to, 10-81 to 10-87
Withdrawal of consent, 10-81 to 10-84
Parenting plan
Abuse of discretion standard, 14-55 to 14-58
Best interests of child as standard for modification of, 14-57 to 14-58
Modification of, 14-54 to 14-58
Permanent, custody and visitation not final judgment without, 8-20 to 8-29
Removing child from the state in violation of, contempt finding for, 13-28 to 13-33
Standard of review, 12-77 to 12-78, 14-54 to 14-55
Parole evidence rule, 1-29 to 1-31
Paternity hearing, notice of, 3-286 to 3-290
Per capita payments on behalf of minors to pooled custodial account, 9-118 to 9-125
Perfecting appeal, requirements for, 5-56 to 5-57, 5-114 to 5-115
Placement of child, see also Custody of child; Guardianship
Abuse of discretion, 9-69, 9-73 to 9-75, 9-108
After one year in pre-adoptive placement, 2-122 to 2-123
Away from the tribal community, 1-35
Background investigation, 11-17 to 11-18
Best interests of child, see Best interests of child
Due process, 9-71 to 9-73, 11-18
Findings contrary to the evidence, 9-105 to 9-117
Grandmother never granted guardianship, 1-67
Guardian ad litem report, weight given to, 13-15 to 13-19
In defiance of court's order, 1-36
Indian civil rights, 9-67, 9-71 to 9-73
Non-tribal member relatives, 8-74 to 8-80
Order terminating litigation and determining parties’ rights is final order for appeal, 9-69 to 9-71
Parties with mistaken belief they are pre-adoptive parents, 4-119 to 4-121
Removal from pre-adoptive home after one year, 2-122 to 2-123
Removal vs. change of placement, 9-71 to 9-73
Returning children to unsafe home, 9-73 to 9-75
Standard of review, 9-69, 9-108
Traditional law vs. ordinance, 8-74 to 8-80
Withholding evidence and information from the parties, 11-16 to 11-18
Wrongful denial of status as parties, 2-122 to 2-123
Practicing law
Authority to regulate attorneys and non-attorneys, 4-115 to 4-117
Courtroom decorum, 5-81 to 5-82
Personal attacks on the trial judge as inappropriate conduct, 4-118
Tribal bar membership, 11-30 to 11-34
Without passing the bar, 4-111 to 4-117
Preemption of tribal law, 5-6
Presumption of innocence, 4-190 to 4-192
Privacy
Drug-testing procedures for shellfish divers, 8-88 to 8-92
Expectation of, in use of company computer, 6-170
Indian civil rights, 8-88 to 8-92
Probable cause
Driving while intoxicated, 4-84 to 4-85
Recitation of probable cause in arrest warrant, r, 4-32, 4-36 to 4-39
Probate
Action commenced in state court, jurisdiction for, 1-73 to 1-80
Appeals from probate determinations, 5-152 to 5-153
Burdensome interference of appeals, 4-1 to 4-2
Judge’s duty to facilitate, 4-1 to 4-2
Probation revocation, due process, 10-124 to 10-129
Procedural error
Deprivation of due process vs. ignorance of legal rights, 6-194 to 6-195
Failure to issue findings of fact or conclusions of law, 13-1 to 13-4
Motion to dismiss vs. motion for more specific reasons, 1-48 to 1-49
Pro se (unrepresented) party
Ability to research law, effect of, 4-191
Appearance, general vs. special, effect of, 7-108 to 7-109
Brief not submitted by, 5-17 to 5-20
Evidence, 4-137
Familiarity with rules and procedures in court proceedings, 4-191, 5-78 to 5-80, 7-108 to 7-109
Failure to perfect appeal, 5-56 to 5-57
Right to testify, duty of court to advise of, 4-26, 4-30 to 4-31
Standard of practice for, 5-134 to 5-135
Protection order, see Restraining order
R
Rape
Conviction against the weight of the evidence, 4-50 to 4-51
First degree, elements of, 4-47 to 4-50, 4-55 to 4-57
Forcible compulsion, 4-32, 4-47 to 4-51, 4-55 to 4-57
Gang membership, admissibility of, 4-32, 4-42 to 4-44
Jury instructions, 4-32 to 4-33, 4-47 to 4-50, 4-55 to 4-57
Juvenile adjudications, admissibility of, 4-53 to 4-54
Prior forcible sex, admissibility of, 4-32, 4-42 to 4-43, 4-44
Standard of review on jury instructions, 4-32, 4-47 to 4-50, 4-55 to 4-57
Reconsideration hearing
As alternative to appeal, 2-174
Letter as motion for, 9-45 to 9-47
Motion for reconsideration six months after eviction order, 7-45 to 7-49
Record of proceedings, see Transcript
Recusal, 4-66 to 4-72, 6-9 to 6-10, 9-19 to 9-21
Regulation of attorneys and non-attorneys, 4-115 to 4-117
Religious freedom and practices, 6-185 to 6-186
Remand
Accardi doctrine, 6-136
Motion construed as demurrer, 5-145 to 5-146
Repossession
Notice of hearing, 3-338 to 3-339
Settlement agreement, 3-341 to 3-342
Request for hearing, requirements and sufficiency of, 5-50 to 5-52
Reservation fee lands, historical basis for jurisdiction over, 5-37 to 5-49
Res judicata doctrine, 7-77, 7-123 to 7-126
Restraining (protective) order
Conduct of non-Indian committed within territorial jurisdiction of court, 13-63 to 13-64
Domestic violence, 13-25 to 13-27, 14-28 to 14-31
Jurisdiction to enter protection order against Non-Indian, 13-61 to 13-64
Non-Indian, authority over, 13-61 to 13-64
Right to possess firearms to fulfill the requirements service in Marine Corps Reserve, 13-25 to 13-27
Retroactive application of statutes, presumption against, 5-88 to 5-89
Retroactive pay
Back pay from effective date of reinstatement, 5-21, 5-23 to 5-24
For additional duties vs. back wages owed, 6-151 to 6-161
Personal liability for, 1-82 to 1-85
Revocation of membership, see Disenrollment in tribe
Right to appeal
Contempt of court, 5-110 to 5-111
Court-ordered psychosexual evaluation, 5-107 to 5-110
Custody of child, 1-34 to 1-36
Discretionary nature of, 1-11, 1-18
Generally, 1-12 to1-14, 2-134 to 2-135
Purpose underlying the right, 2-181
Standing, see Standing to appeal
Right to counsel
Burden of initiating action to exercise right, 1-26 to 1-28
Duty of court to advise of, 1-50 to 1-56, 1-97 to 1-98
Generally, 1-16 to 1-17, 1-26 to 1-28
Indian civil rights, 1-16 to 1-17, 1-97 to 1-98, 2-147, 5-126 to 5-127
Notification of rights not verbatim with the tribal code, 1-106 to 1-110
Representation by lawyer or spokesperson, right to, 1-26 to 1-28
Waiver of, 1-26 to 1-28, 1-50, 1-55, 2-183 to 2-184
Right to petition for redress of grievances, 2-160, 2-163 to 2-165
Right to remain silent
Failure to advise of rights, sanction for, 2-127 to 2-129
Notification of rights not verbatim with the tribal code, 1-106 to 1-110
Right to respond at trial, 1-20
S
Search warrant
Indian civil rights, 4-92 to 4-93
Reasonable basis for, 6-148 to 6-150
Search and seizure without warrant, 5-156 to 5-159, 7-83 to 7-85
Standard for issuance of, 6-148 to 6-150
Standard of review, 6-148 to 6-150
Unlawful extended detention, 7-83 to 7-85
Validity of, 4-91 to 4-93, 5-156 to 5-159
Scheduling order, failure to comply with, 6-110 to 6-112
School zone, speeding in, 7-94 to 7-98, 9-37
Sealing and unsealing court files, 10-107 to 10-109
Second hearing on the same facts and issues, 5-29, 5-32 to 5-33, 5-37 to 5-38
Seizure of personal property
In satisfaction of money judgment, 5-63 to 5-66
Unlawful extended detention, 7-83 to 7-85
Warrantless search and seizure, 5-156 to 5-159, 7-83 to 7-85
Self-defense
Assault and battery, 4-185 to 4-192
Burden of proof for right to claim, 4-185 to 4-192
Excessive force used in, 2-145 to 2-147, 2-221 to 2-222
Sentencing
Agreement based on attendance at boarding school, 3-357 to 3-358
Assault and battery, 2-214 to 2-220
Credit for previously served jail and home detention time, 4-32 to 4-33, 4-52
Driving while intoxicated, 4-82 to 4-83
Enhanced sentencing, 11-64 to 11-72
In defendant’s absence, 6-15 to 6-16
Service of process
Brief, signature and date on, 2-159
Court clerk signature, 1-29, 1-31
Eviction and unlawful detainer action, 12-91 to 12-94, 13-40 to 13-41
Failure to appear following service to adult in the home, 6-140
Jurisdiction and, 13-41, 13-55 to 13-59
Lack of, effect on divorce and custody hearing, 3-335 to 3-337
Notice of appeal, 2-196, 2-201, 2-202, 6-105 to 6-106
Notice of hearing, adequacy of, in service to another resident, 5-112 to 5-113
Parental rights, termination of, 13-55 to 13-59
Settlement agreement
Default on loan payment, 3-341 to 3-342
Sex-offender status, admissibility of, 7-150 to 7-158
Sobriety test, see Breathalyzer
Sovereign immunity
Action in scope of official duties/authority, 6-168 to 6-171, 6-205 to 6-209, 10-1 to 10-4, 10-25 to 10-27
Actions outside of scope of authority, 10-104 to 10-106
Actions taken by tribal council vs. actions taken by individual officials of the tribe, 13-68 to 13-71
Administrative agency actions, 6-52, 6-89 to 6-90
As bar to suit, 6-205 to 6-209, 6-212 to 6-214, 10-14 to 10-19
Capactiy suits against individual tribal officials, 13-68 to 13-71
Cigarettes, taxation and sale of, 10-20 to 10-28
Common law immunity from suit, 6-36 to 6-37, 6-51 to 6-52
Damages claim against tribe, 6-49 to 6-55
Denial of motion to dismiss on grounds of, finality of, 10-2, 11-54
Disenrollment, review of, 6-132 to 6-137
Employee suit, immunity from, 10-14 to 10-19, 11-1 to 11-6, 11-55 to 11-61, 11-75 to 11-76, 11-78, 12-66 to 12-68, 12-79 to 12-87, 13-37 to 13-38
Ex parte Young doctrine in actions against tribal officials, 6-53 to 6-55, 6-137, 12-6 to 12-8
Federal officials acting in official capacities, 7-87 to 7-89
Generally, 6-51 to 6-52, 13-67 to 13-68
Indian civil rights and, 2-160 to 2-164, 5-60 to 5-61, 6-51 to 6-53, 11-56 to 11-57, 11-75 to 11-76, 11-78
Individual officials of the tribe, actions of, 13-68 to 13-71
Jurisdictional bar, 2-186 to 2-188, 7-87 to 7-89, 10-1 to 10-4, 14-5 to 14-11
Malicious prosecution claim, 10-101 to 10-107
Shellfish harvest permit, denial of, 11-19 to 11-21
Standard of review, 14-4
"Sue and be sued" clause, effect of, 6-52 to 6-53
Sufficient factual basis for, 12-66 to 12-68
Tribal Chairman and, 7-36 to 7-38, 10-1 to 10-4
Tribal Council members, 11-60
Waiver of, 2-162 to 2-163, 2-186 to 2-188, 5-61, 6-36 to 6-37, 6-49 to 6-55, 8-37 to 8-38, 11-19 to 11-21, 11-55 to 11-60, 12-79 to 12-87, 13-37 to 13-38
Speeding
Non-Indian motorist on non-Indian lands within reservation, 7-90 to 7-103, 9-33 to 9-38
School zone, 7-94 to 7-98, 9-37
Warning vs. ticket for first-time offender, 5-154 to 5-155
Speedy trial
Balancing test, 2-190, 2-193 to 2-194, 2-224, 2-226 to 2-228, 2-240 to 2-241
Continuance, effect of, 1-86 to 1-87
Delay after filing for appeal, 2-132 to 2-133, 2-176, 2-178 to 2-182
Four-part test, 6-187 to 6-191
Indian civil rights, 1-14 to 1-15, 6-188 to 6-190
Lapse of 18 months, 1-11, 1-14 to 1-15
Spokesperson, see Counsel
Spousal maintenance, authority of court of general jurisdiction to award, 14-37 to 14-39
Standard of proof in exclusion from tribal land cases, 3-298 to 3-300, 3-301
Standard of review
Abuse of discretion, see Abuse of discretion
Arbitrary and capricious, 5-31 to 5-33
Balancing test between tribal interests and those of the defendant, 2-180 to 2-182
Clear error, 14-60
Conclusions of law, 6-200 to 6-203, 7-11, 13-2, 14-28 to 14-29
Criminal appeal, 14-25 to 14-26
De novo review, 14-4, 14-28 to 14-29
Disenrollment in tribe, 7-113, 12-6, 7-113, 12-6
Employment Court, appeal from, 13-36 to 13-37
Employment termination, 3-263, 4-102 to 4-103, 5-13 to 5-14, 5-31 to 5-33, 6-154 to 6-156, 7-67, 7-147 to 7-148, 12-53, 14-20 to 14-23
Estoppel, 7-12
Eviction, 7-47
Exclusion from tribal land, 11-103, 14-50
Findings of fact, 6-200 to 6-203, 7-11, 13-2, 13-60
Forfeiture of property, 11-42 to 11-43
Fundamental fairness as, 1-99, 1-105
Gaming license, revocation of, 7-54 to 7-55
Grievance process in termination of employment action, 3-263
Hearsay, 7-12
Interference with fishermen, 3-304 to 3-307
Jurisdiction of court, subject matter, standard re issues of, 14-4
Jury instructions in first degree rape, 4-32 to 4-33, 4-47 to 4-50, 4-55 to 4-57
No reasonable person could agree with the trial court's ruling, 8-8 to 8-14
Parenting plan, 12-77 to 12-78, 14-54 to 14-55
Placement of child, 9-69, 9-108
Reasonable inferences, 2-152
Sovereign immunity, standard re issues of, 14-4
Statutory interpretation, review of, 14-28 to 14-29, 14-33
Substantial evidence, 2-149 to 2-153, 4-102 to 4-103, 5-13 to 5-16, 6-59 to 6-66, 6-201 to 6-203, 14-20 to 14-23
Tribal Court decisions, court of appeals review of, 13-2, 13-35 to 13-36
Visitation schedule, 12-77 to 12-78
Standing
Aggrieved party, defined, 1-34
Amicus status, 4-142, 4-145 to 4-146
Distinction between a witness and a party, 1-35
Eviction action, 4-142 to 4-147
Foster care provider without legal custody of child, 1-33 to 1-36
Foster parents, 2-196 to 2-198, 2-202, 2-205 to 2-206, 2-208 to 2-210, 2-212 to 2-213
Government entities, 4-69
Grandmother neither a party nor granted guardianship, 1-67
Indian civil rights, 4-69
Interested parties permitted to testify and give evidence, 1-35
Persons mistaken about status as pre-adoptive parents, 4-119 to 4-121
Persons with no protectable legal interest, 4-142, 4-146 to 4-147
Sufficiency of legal interest, 6-108
Witness at trial neither a party nor a legal guardian, 1-33 to 1-36
Stare decisis doctrine, 2-179 to 2-180
State and federal laws, effect of
Allowing state enforcement to cite for fishing violation, 1-99, 1-104 to 1-105
Application of federal law in preemption of tribal law, 5-6
Custody petition previously filed in state court, 9-102 to 9-104
Dissolution petition previously filed in state court, 9-102 to 9-104
Employment termination, 11-54 to 11-55
Estoppel, see Estoppel
Finding of facts, supporting evidence needed in the record for, 8-32 to 8-34
Indian civil rights, see Indian civil rights
Probate action commenced in state court, jurisdiction for, 1-73 to 1-80
Prohibition against use of state and federal rules of evidence, 6-87 to 6-88
Request that custody jurisdiction remain with the state, 2-125
Statute of frauds, 7-138 to 7-142
United States as indispensable party, 6-197 to 6-198
Vagueness in incorporating and enforcing state law, 2-224, 2-228 to 2-239
State court
Custody petition previously filed in, effect of, 9-102 to 9-104
Dissolution petition previously filed in, effect of, 9-102 to 9-104
Probate action commenced in, jurisdiction for, 1-73 to 1-80
Statute of frauds, 7-138 to 7-142
Statute of limitations
Admissibility of evidence, 4-8, 4-11 to 4-12, 4-15
Foreign judgment, 5-58 to 5-62
Stay of the lower court order, 2-203 to 2-204
Sting-operation transcripts of recorded conversations, admissibility of, 3-275 to 3-279
Stipulation
Agreement in custody of child, 2-140 to 2-144
Identify parties, effect of. 12-72 to 12-75
Summary judgment
Denial of, not final judgment, 4-181 to 4-182
Issue of material fact, effect of, 7-159 to 7-162
Upon failure to appear, 8-15 to 8-16
Writ of mandate to reverse denial of motion for, 4-167 to 4-168
Support, see Child support, Spousal maintenance
Suppression of evidence, see Admissibility of evidence
Surveillance transcripts of recorded conversations from sting operation, admissibility of, 3-275 to 3-279
T
Temporary orders as not in best interests of child, 9-1 to 9-11
Temporary restraining order, 2-185, 2-188 to 2-189
Termination of employment, see Employment termination; Notice of employment termination or suspension
Termination of membership, see Disenrollment in tribe
Termination of parental rights, see Parental rights, termination of
Termination of tenancy/occupancy, see Eviction
Timing
Administrative leave days, effect on filing, 4-107 to 4-109
Ambiguity in timing of filing, 6-33
Briefs, 5-17 to 5-18, 5-20, 5-65, 9-91 to 9-92
Citation to incorrect date, effect of, 6-143 to 6-145
Contempt of court and timeliness of appeal, 1-68 to 1-70
Default judgment, request to set aside, 5-10
Emergency custody hearing notice, adequacy and timing of, 5-117 to 5-118
Entry of judgment, 9-13
Extension of time for brief, 9-91 to 9-92
Finality of decision, 9-77 to 9-80
Ineffective assistance of counsel, inadequate time to prepare and, 1-11, 1-16 to 1-17
Issues raised for first time on appeal, 4-75 to 4-77, 4-151, 4-153 to 4-155, 4-158, 5-18 to 5-19
Notice of appeal, 1-43 to 1-45, 1-68 to 1-70, 4-107 to 4-109, 5-53 to 5-55, 5-56 to 5-57, 7-114 to 7-115, 9-77 to 9-80, 9-126 to 9-128
Notice of termination of occupancy, 2-120 to 2-121
Torts
Battery, action for, trial court jurisdiction in, 13-44 to 13-52
Sovereign immunity, 10-101 to 10-107
Tribal official, tortuous conduct by, 7-34 to 7-41
Traditional and custom law
Fishing, protection of, 5-128 to 5-130
Guardianship ordinance vs. custom, 8-74 to 8-80
Indian civil rights, see Indian civil rights
Placement of child ordinance vs. custom, 8-74 to 8-80
Role of tribal traditions, practices, and teachings as notice, 2-230 to 2-235
Traffic stop, unlawful extended detention, 7-83 to 7-85
Transcript or record of proceeding
Amendment of transcript, 4-153
Costs, 4-153
Failure to produce administrative grievance record for judicial review, 11-73 to 11-78, 11-93 to 11-96
Findings of fact, supporting evidence needed for, 8-32 to 8-34
Incomplete transcript, 2-176 to 2-178, 5-21 to 5-22, 5-24
Need for the record to be clear and unambiguous, 3-271 to 3-272
Review not possible without complete evidentiary record, 6-22 to 6-23, 6-47
Sufficiency of, 11-71
Surveillance transcripts of recorded conversations from sting operation, admissibility of, 3-275 to 3-279
Unintelligible nature of transcript, 4-153
Treaty rights
Sovereign immunity of federal officials, 7-87 to 7-89
Trial court best suited to observe witness testimony, review evidence, and determine facts, 1-71 to 1-72, 3-304,
3-305, 4-12 to 4-13, 4-81
Tribal immunity, see Sovereign immunity
Trust land in dissolution of marriage division of property, 10-44 to 10-53
Trusts
U
United States as indispensable party, 6-197 to 6-198
Unlawful detainer, see Eviction
Unlawful tenancy, see Eviction
V
Vagueness
Custody of child procedures, vagueness of, 1-21
Exclusion from tribal land, 11-105 to 11-106
Incorporating and enforcing state law, 2-224, 2-228 to 2-239
Verdict, appeal of, 2-214 to 2-220
Visitation, see also Custody of child; Guardianship
Assignment of petition for, 10-74 to 10-75
Best interests of child, 11-37 to 11-38
Court-ordered psychosexual evaluation as modification of, 5-105 to 5-111
Custody and, 1-22
Decision not final judgment without permanent parenting plan order, 8-20 to 8-29
Endangering child’s physical, mental, or emotional health, 11-37 to 11-38
Incarcerated parent request for, 11-35 to 11-38
Jurisdiction re petition for great-grandmother’s visitation with great grandson, 8-81 to 8-84
Minor in need of care and, 10-76
Standard of review, 12-77 to 12-78
Temporary orders as not in best interests of child, 9-1 to 9-11
Volunteer’s eligibility to receive worker’s compensation benefits, 8-35 to 8-39
W
Warrant
Arrest, need for copy at time of, 4-156 to 4-157
Search, see Search warrant
Witnesses and testimony
Administrative due process hearings, 3-260 to 3-261
Bias of witness, effect of, 2-170 to 2-174
Character evidence in exclusion from tribal land, 11-106 to 11-107
Confrontation of witness, right to, 11-66 to 11-68
Credibility, determination of, 4-81
Credibility of primary witness re inconsistent statements, 14-26
Credibility vs. relevance, 2-170 to 2-174
Distinction between a witness and a party, 1-35
Exclusion of witness, 4-8 to 4-15
Expert witness, specialized training or knowledge, 9-25 to 9-27
Failure to challenge witness credibility and, 2-183 to 2-184
Failure to exclude witness, 4-8, 4-13 to 4-14
Failure to present witness, effect of, 3-246 to 3-248, 3-359 to 3-362
Inconsistent statements, credibility of primary witness re, 14-26
Interested parties permitted to testify and give evidence, 1-35
Judge as witness, 9-21 to 9-22
Lack of live testimony or cross-examination, 13-26 to 13-27
Oath, failure to administer, effect of, 6-184 to 6-185
Opinion not substantial evidence, 6-63 to 6-64
Parol evidence rule, 1-29 to 1-31
Prejudicial vs. probative value of, 2-170 to 2-174
Repetitive and cumulative, 1-32
Right to testify, duty of court to advise of, 4-26, 4-30 to 4-31
Spokesperson as witness, admission by, 7-155 to 7-158
Termination of employment action, 3-260 to 3-261
Trial court best suited to observe, 1-71 to 1-72, 3-304, 3-305, 4-12 to 4-13, 4-81
Workers’ Compensation
Vocational assessment of employability, 10-37 to 10-43
Volunteer’s eligibility to receive benefits under, 8-35 to 8-39
Writ of mandamus and prohibition, use of, to vacate contempt finding, 13-28 to 13-33
Writ of mandate
As compelling a discretionary act, 4-164 to 4-166, 4-169 to 4-170
As extraordinary measure for exceptional circumstances when no other relief is available, 4-167 to 4-168
Dismissal, writ of mandate to reverse denial of motion for relief from, 4-164 to 4-166
Summary judgment, writ of mandate to reverse denial of motion for, 4-167 to 4-168
Writ of restitution, 3-309 to 3-310, 3-311 to 3-313, 3-314 to 3-316, 3-317 to 3-319, 3-370 to 3-371
Y
Young doctrine, 6-53 to 6-55, 6-137, 12-6 to 12-8, 12-35
Youth in need of care, see Minor in need of care
Z
Zoning, see Land use and zoning