1.15.010 Order of Procedure

The jury having been impaneled and sworn, the trial must proceed in the following order:

(a) The clerk or the Tribal Court Judge must read the complaint, and state the plea of the defendant to the jury.

(b) Opening statements shall be given by the Tribal Prosecutor followed by opening statements from the defendant or his counsel. Defendant or his counsel may reserve opening statements until the beginning of the defendant's presentation.

(c) The Tribal Prosecutor must open the case and offer evidence in support of the charge. The defendant or his counsel shall have the right to cross-examine any witness called to the stand by the Tribal Prosecutor.

(d) The defendant or his counsel may then open the defense and offer evidence in support thereof. The Tribal Prosecutor shall have the right to cross-examine any witness called to the stand by the defendant or his counsel.

(e) The parties may then respectively offer rebutting testimony only, unless the Court, in furtherance of justice, permits them to offer evidence upon their case in chief.

(f) When the evidence is concluded the Tribal Prosecutor and the defendant or his counsel may argue the case to the court and jury. The Tribal Prosecutor may open the argument, followed by defendant or his counsel. The Tribal Prosecutor may offer closing arguments to the court and the jury.

(g) Upon the conclusion of the arguments, the Court shall charge the jury orally or in writing, stating the law of the case. However, at the beginning of the trial or from time to time during the trial and without any request from either party, the judge may give the jury such instructions on the law applicable to the case as he may deem necessary for their guidance on hearing the case.