CHAPTER 11-1
GENERAL PROVISIONS

11-1-1 Scope.

This Title governs evidentiary questions in all proceedings in the Courts of the Prairie Band of Potawatomi Tribe, except as may be otherwise specifically provided by the tribal law. This Title shall be known as the General Rules of Evidence.

11-1-2 Purpose and Construction.

This Title shall be constructed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.

11-1-3 Ruling on Evidence.

(A)    Error may not be had on a ruling which admits or excludes evidence unless a substantial right of the party is affected, and;

(1)    when admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context; or

(2)    when excluding evidence, the substance of the evidence was made known to the Court by offer of proof, or was apparent from the context within which questions were asked.

(B)    The Court may add any other or further statement which shows the character of the evidence, the form in which it was offered, the objection made, and the ruling thereon. It may direct the making of an offer in question and answer form.

(C)    In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means. Questions on evidentiary matters known to be in issue prior to trial may be determined by a hearing prior to trial, and the matter does not have to be raised at the trial by the party whose evidence is ruled inadmissible in order to preserve the error so long as the error is apparent from the transcript of the hearing. Questions which arise concerning the admissibility of evidence during the trial may be resolved in open Court, if practicable, at a hearing at the beach out of the hearing of the jury, if practicable, or a recess may be taken and a hearing held upon the admissibility of the evidence at issue.

(D)    Nothing in this Section precludes taking notice of plain errors affecting substantial rights although they were not brought to the attention of the Court.

11-1-4 Preliminary Questions.

(A)    Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the Court, subject to the provisions of Subsection 11-1-4(B). In making its determination, it is not bound by this Title except those provisions with respect to privileges.

(B)    When the relevancy of evidence depends upon the fulfillment of a condition of fact, the Court shall admit it upon, or may admit it subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.

(C)    This Section does not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

11-1-5 Limited Admissibility.

When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the Court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.

11-1-6 Related Writings or Recorded Statements.

When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him at that time to introduce any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.

11-1-7 Judicial Notice of Adjudicative Facts.

The Courts may take judicial notice, whether requested or not. The Courts shall take judicial notice if requested by a party and supplied with the necessary information, or when required to do so by tribal law. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. Judicial notice may be taken at any stage of the proceeding. In a civil action or proceeding, the Court shall instruct the jury to accept as conclusive any fact judicially noticed. A judicially noticed fact must be one not subject to reasonable dispute in that it is either:

(A)    generally known within the territorial jurisdiction of the Court, or

(B)    capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

11-1-8 Presumptions in Civil Actions.

In all actions and proceedings, a presumption imposes upon the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift the risk of non-persuasion, which remains upon the party on whom it was originally cast.