CHAPTER 4-6
WITNESSES

4-6-1 Issue and Service of Subpoena for Witnesses.

The Clerk of the Court shall, on application of any party having a cause or any matter pending in the Court, issue a subpoena for a witness, in accordance with Section 4-3-9. The Clerk may issue separate subpoenas for each person, or issue one subpoena carrying the names of all persons subpoenaed. A subpoena may be served by any other person in the manner provided in Section 4-3-3 and Section 4-3-5.

4-6-2 Witness Privileged.

A witness shall not be liable to be sued in the Tribal Court if he does not reside within the tribal jurisdiction by being served with a summons while going, returning, or attending in obedience to a subpoena.

4-6-3 Demand for fees.

A witness may demand his fees for that day’s attendance in obedience to a subpoena; and if the same were not paid, he shall not be required to remain.

4-6-4 Witness Fee.

A fee shall be paid to witnesses of not less than the hourly minimum wage scale plus actual expenses incurred. Mileage fees shall not exceed the federal mileage rate. These fees shall be taxes as costs to the pending action.