Parties may request information and evidence, which can reasonably be expected to lead to admissible evidence, from any person having such information in his or her possession, knowledge or control.
(Res. 84 A 03, 2/14/1984)
[1]
Note: This section is intended to make information available to parties prior to trial to assist in reaching settlement, ascertaining the truth and ultimately to expedite the judicial process.
A person may refuse to make available the information requested if its release would cause undue hardship, or would violate a confidence which it is Tribal policy to protect. If the parties disagree about whether the responding party is required to release the information, the Court shall decide the dispute. The Court may place conditions on a release of information in order to protect confidential material, prevent unreasonable burden or expense to a party and shall otherwise insure fairness to all parties.
(Res. 84 A 03, 2/14/1984)
Methods of discovering and exchanging information may include but need not be limited to written questions or oral examination, requests for names of witnesses, requests for admissions, physical inspection for property, requests to perform scientific or physical tests, requests for permission to enter upon land of other property, and requests for documents. The party who makes a request under this rule shall be as clear and specific as possible in describing what he wants.
(Res. 84 A 03, 2/14/1984)
A person who receives a request for information under this chapter shall either, 1) provide the information, 2) respond that he or she does not have the information in his or her possession, knowledge or control, or 3) object in writing to the request, stating the specific grounds for the objection. One of the three (3) responses must be made to the requesting party within twenty (20) days of receiving the request. If the person from whom discovery is sought fails to respond, the discovering party may move for a court order requiring a response. An evasive or incomplete response shall be considered a failure to respond.
(Res. 84 A 03, 2/14/1984)