Section 2
General Rules
2.1 GUIDING PRINCIPLES FOR INTERPRETATION OF TULALIP LAW
2.1.1 Purpose
Tulalip Tribal Law provides that Tulalip Tribal Court shall apply the custom laws of the tribe. To this end, the Court shall incorporate Tulalip Vision and Values into its practices and decisions.
2.1.2 Tulalip Vision and Values
The Court shall consider the following Tulalip Vision and Values in all aspects of the judicial process:
A) Vision
i) We gathered at Tulalip are one people.
ii) We govern ourselves.
iii) We will arrive when each and every person has become most capable.
B) Values
i) We respect the community of our elders past and present and pay attention to their good words.
ii) We uphold and follow the teachings that come from our ancestors.
iii) It is valued work to uphold and serve our people.
iv) We work hard and always try to do our best.
v) We show respect to every individual.
vi) We strengthen our people so that they may walk a good walk.
vii) We do not gossip, we speak the truth.
2.1.3 Incorporated Values
A) Courtroom Conduct
In all proceedings, should time allow, elders in the community shall be allowed to address the Court about an ongoing proceeding and their beliefs or recommendations. The Court shall give it appropriate legal weight but shall allow the elder to speak.
B) Judicial Demeanor
In all proceedings, each party shall be given an opportunity to speak uninterrupted.
C) Alternative Sentencing
In all criminal proceedings, the Court shall favor treatment for offenders and shall monitor the treatment to insure compliance.
D) Other Incorporated Values
The Court may incorporate the Vision and Values into judicial proceedings in other ways as it deems necessary.
2.2 INVOLUNTARY DISMISSAL
2.2.1 Effect
For failure of the plaintiff to prosecute or to comply with these rules or any order of the court, a defendant may move for dismissal of an action or of any claim against him or her.
2.2.2 Dismissal for Want of Action of Record on Motion of Party
Any civil action shall be dismissed, without prejudice, for lack of action of record whenever the plaintiff, counterclaimant, cross claimant, or third party plaintiff neglects to note the action for trial or hearing within 1 year after any issue of law or fact has been joined, unless the failure to bring the same on for trial or hearing was caused by the party who makes the motion to dismiss. Such motion to dismiss shall come on for hearing only after 10 days’ notice to the adverse party. If the case is noted for trial before the hearing on the motion, the action shall not be dismissed.
2.2.3 Dismissal on Court Clerk’s Motion
A) Notice
In all civil cases in which no action of record has occurred during the previous 12 months, the Court Clerk shall notify the parties or attorneys of record by mail that the Court will dismiss the case for lack of action of record unless, within 30 days following the mailing of such notice, a party or attorney takes action of record or files a status report with the Court including the reason for inactivity and projecting future activity and a case completion date. If the Court does not receive such a status report, it shall, on motion of the Court Clerk, dismiss the case without prejudice and without cost to any party.
B) Mailing Notice; Reinstatement
The Court Clerk shall mail notice of impending dismissal not later than 30 days after the case becomes eligible for dismissal because of inactivity. A party who does not receive the Court Clerk’s notice shall be entitled to reinstatement of the case, without cost, upon motion brought within a reasonable time after learning of the dismissal.
C) Discovery in Process
The filing of a document indicating that discovery is occurring between the parties shall constitute action of record for purposes of this rule.
D) Other Grounds for Dismissal and Reinstatement
This rule is not a limitation upon any other power that the Court may have to dismiss or reinstate any action upon motion or otherwise.
2.3 TIME ALLOWED FOR ARGUMENT ON MOTION
Each party shall be allocated ten minutes for the purpose of arguing in support of the party’s motion, unless otherwise ordered by the Court.
2.4 DISCLOSURE OF WITNESSES
2.4.1 Civil Cases
The names, addresses and telephone numbers of possible primary witnesses and a short summary of their expected testimony shall be disclosed by the parties by filing a statement setting forth that information and serving it on the other parties at a time set by the Court. The names of any possible rebuttal witnesses shall be disclosed in the same fashion after the primary witnesses have been disclosed at a time set by the Court. If disclosure is not made as set forth in this rule, the testimony of the witness not disclosed will not be allowed at trial.
2.4.2 Criminal Cases
Disclosure of witnesses in criminal cases shall be governed by the Tulalip Law and Order Code.
2.5 DISPOSITION OF EXHIBITS AFTER APPEAL PERIOD HAS RUN
2.5.1 Civil Cases
No one shall withdraw an exhibit without a court order. After 30-day notice to all parties of record following final disposition, the Court may order the Court Clerk to destroy or dispose of physical evidence unless good cause is shown why it should be preserved.
2.5.2 Criminal Cases
Non-contraband exhibits in the Court’s custody, for which there is no dispute as to ownership, shall be returned to the party who produced that exhibit on motion of that party after expiration of the appeal period. In the event of a finding of guilty, for purpose of this rule, the appeal period shall begin on the day of sentencing. Exhibits not withdrawn shall be delivered by the Court to the applicable law enforcement agency for disposition as abandoned property; or if contraband, for destruction. No exhibit shall be released by the Court without its being receipted for by the receiving person.
2.6 WITHDRAWAL OF ATTORNEYS AS COUNSEL
2.6.1 Withdrawal by Attorney in a Civil Case
A) Withdrawal by Order
A court appointed attorney may not withdraw without an order of the court. The client of the withdrawing attorney must be given notice of the motion to withdraw and the date and place the motion will be heard.
B) Withdrawal by Notice
Except as provided in subsections (A) and (C) of this rule, an attorney may withdraw by notice in the manner provided in this rule.
C) Notice of Intent to Withdraw
The attorney shall file and serve a Notice of Intent to Withdraw on all other parties in the proceeding. The notice shall specify a date when the attorney intends to withdraw, which date shall be at least 10 days after the service of the Notice of Intent to Withdraw. The notice shall include a statement that the withdrawal shall be effective without order of court unless an objection to the withdrawal is served upon the withdrawing attorney prior to the date set forth in the notice. If notice is given before trial, the notice shall include the date set for trial. The notice shall include the names and last known addresses of the persons represented by the withdrawing attorney, unless disclosure of the address would violate the Washington State Rules of Professional Conduct, in which case the address may be omitted. If the address is omitted, the notice must contain a statement that after the attorney withdraws, and so long as the address of the withdrawing attorney’s client remains undisclosed and no new attorney is substituted, the client may be served by leaving papers with the Court Clerk.
D) Service on Client
Prior to service on other parties, the Notice of Intent to Withdraw shall be served on the persons represented by the withdrawing attorney or sent to them by certified mail, postage prepaid, to their last known mailing addresses. Proof of service or mailing shall be filed, except that the address of the withdrawing attorney’s client may be omitted under circumstances defined by subsection (c)(1) of this rule.
E) Withdrawal Without Objection
The withdrawal shall be effective, without order of court and without the service and filing of any additional papers, on the date designated in the Notice of Intent to Withdraw, unless a written objection to the withdrawal is served by a party on the withdrawing attorney prior to the date specified as the day of withdrawal in the Notice of Intent to Withdraw.
F) Effect of Objection
If a timely written objection is served, withdrawal may be obtained only by order of the court.
G) Withdrawal and Substitution
Except as provided in subsection (A) of this rule, an attorney may withdraw if a new attorney is substituted by filing and serving a Notice of Withdrawal and Substitution. The notice shall include a statement of the date on which the withdrawal and substitution are effective and shall include the name, address, and signature of the withdrawing attorney and the substituted attorney. If an attorney changes firms or offices, but another attorney in the previous firm or office will become counsel of record, a Notice of Withdrawal and Substitution shall nevertheless be filed.
H) Service
Service on an attorney who has appeared for a party in a civil proceeding shall be valid only until the attorney has withdrawn in the manner provided in this rule.
I) Circumstances of Denial of Withdrawal
Nothing in this rule defines the circumstances under which a withdrawal might be denied by the Court.
2.6.2 Withdrawal by Attorney in a Criminal Case
Whenever a criminal cause has been set for trial, no lawyer or spokesperson shall be allowed to withdraw from said cause, except upon written consent of the court, for good and sufficient reason shown.
2.7 PROOF OF COMPLIANCE
2.7.1 Requirement
The Court may require a party to file proof of compliance with any court order.
2.7.2 Responsibility
The party is responsible for filing the proof of compliance with the Court.
2.7.3 Electronic Transmissions
Electronic transmission of proof of compliance is not allowed, unless approved by the Court, the Tulalip Healing to Wellness Court Coordinator, or the Probation or Pretrial Services Officer.
2.8 RESULTS OF DRUG AND ALCOHOL TESTS
2.8.1 Results
The results of tests to determine use of drugs or alcohol are presumptively valid.
2.8.2 Burden of Proof
The burden to prove invalidity is on the contesting party.
2.8.3 Lab Analysis
The party contesting the validity of the results of a test may request further laboratory analysis of the test. If the results of any subsequent tests corroborate the results of the first test, the costs of the subsequent tests shall be paid by the contesting party.
2.9 HEARINGS REGARDING IMPOUND FEES
Persons who have vehicles impounded by the Tulalip Police Department may request a hearing to determine if the impound was lawful by filing a petition requesting a hearing to determine if the impound was authorized by law. The Court will set a hearing to determine the lawfulness of impound. The petition and order setting the hearing shall be served on the Tulalip Police Department.
2.10 FUNERAL RELEASE FOR INCARCERATED PERSONS
Pursuant to TTC 2.25.180, incarcerated persons may move the Court for release to visit an immediate family member whose death is imminent, or to attend the funeral of an immediate family member. “Immediate Family Member” is as defined by the Tulalip Government Employee Handbook. Motions for Release under this provision shall be made in writing to the Tulalip Tribal Court at 6332 31st Ave NE, Suite B, Tulalip, WA 98271. Motions may be made by letter if filed by the incarcerated person and need not be made on pleading paper or Court form. Motions may be filed by family of the incarcerated person in person at the Clerk of Court’s office and must be in pleading form or on a Court Motion and Order form. All motions must identify the relationship between the incarcerated person and the person for whom the Motion to Release from Custody is for. The Court’s decision whether to grant the Motion to Release from Custody shall be according to the standards of TTC 2.25.180. If the Motion is granted, the Court shall make written orders as to the conditions of the release. If the Motion is denied, the Court shall make written findings as to the reasons for the denial.