(1) Objection. In case the ruling is one 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) Offer of proof. In case the ruling is one 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.

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

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

          (1) Character of accused. Evidence of a pertinent tait of his character offered by an accused, or after the accused has offered such character evidence;

          (2) Character of victim. Evidence of a pertinent trait of character of the victim of the crime offered by an accused, or by the prosecution to rebut the same after the accused has offered such character evidence, or evidence of a character trait of peacefulness of the victim offered by the prosecution in a homicide case to rebut evidence that the victim was the first aggressor;

          (3) Character of witness. Evidence of the character of a witness, as provided in Sections 607, 608, and 609 of this Title.

          (4) Other crimes, wrongs, or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

          (1) A "Client" is a person, public officer, or corporation, association, or other organization or entity, either public or private, who is rendered professional legal services by a lawyer, or who consults a lawyer with a view to obtaining professional legal services from him.

          (2) A representative of the client is one having authority to obtain professional legal services, or to act on advice rendered pursuant thereto, on behalf of the client.

          (3) A "lawyer" is a person authorized, or reasonably believed by the client to be authorized, to engage in the practice of law by any Indian tribe, or state, or nation.

          (4) A "representative of the lawyer" is one employed by the lawyer to assist the lawyer in the rendition of professional legal services.

          (5) A communication is "confidential" if not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the retention of professional legal services to the client or those reasonable necessary for the transmission of the communication, including close relatives who assist the client in obtaining legal counsel and whom the client requests to be present during discussions with the lawyer for the purpose of obtaining representation.

          (1) between himself or his representative and his lawyer or his lawyer's representative,

          (2) between his lawyer and the lawyer's representative,

          (3) by him or his representative or his lawyer or a representative of the lawyer to a lawyer or a representative of a lawyer representing another party in a pending action and concerning a matter of common interest therein

          (4) between representatives of the client or between the client and a representative of the client, or (5) among lawyers and their representatives representing the same client.

          (1) Furtherance of crime or fraud. If the services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;

          (2) Claimants through same deceased client. As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate succession or by intervivos transaction;

          (3) Breach of duty by a lawyer or client. As to a communication relevant to an issue of breach of duty by the lawyer to his client or by the client to his lawyer;

          (4) Document attested by a lawyer. As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness;

          (5) Joint clients. As to a communication relevant to a matter of common interest between or among two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between or among any of the clients or;

          (6) Public officer or agency. As to a communication between a public officer or agency and its lawyers unless the communication concerns a pending or contemplated investigation, claim, or action and the court determines that disclosure will seriously impair the ability of the public officer or agency to process the claim or conduct a pending investigation, litigation, or proceeding in the public interest. Communications of the Tribal Attorney to the Tribe are not within this exception unless such communications have been released for public information by the appropriate Tribal officials.

          (1) A 'tpatient" is a person who consults or is examined or interviewed by a physician or psychotherapist.

          (2) A "physician" is a person authorized to practice medicine or the healing arts by any Indian tribe, or state, or nation, or reasonably believed by the patient so to be.

          (3) A "psychotherapist" is:

          (i) a person authorized to practice medicine or the healing arts by any Indian tribe, or state, or nation, or reasonably believed by the patient so to be, while engaged in the diagnosis or treatment of a mental or emotional condition, including alcohol or drug addiction, or

          (ii) a person licensed or certified as a psychologist under the laws of any Indian tribe, or state, or nation, while similarly engaged.

          (4) A communication is "confidential" if not intended to be disclosed to third persons, except persons present to further the interest of the patient in the consultation, examination, or interview, persons reasonably necessary for the transmission of the communication, or persons who are participating in the diagnosis and treatment under the direction of the physician or psychotherapist, including members of the patient's family.

          (1) Proceeding for hospitalization. There is no privilege under this Section for communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the physician or psychotherapist in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.

          (2) Examination by order of court. If the court orders an examination of the physical, mental or emotional condition of a patient, whether a party or a witness, communications made in the course thereof are not privileged under this Section with respect to the particular purpose for which the examination is ordered unless the court orders otherwise.

          (3) Condition an element of claim or defense. There is no privilege under this Section as to a communication relevant to an issue of the physical, mental or emotional condition of the patient in any proceeding in which he relies upon the condition as an element of his claim or defense or, after the patient's death, in any proceeding in which any party relies upon the condition as an element of his claim or defense.

          (1) the other,

          (2) a child of either,

          (3) a person residing in the household of either, or

          (4) a third person committed in the course of committing a crime against any of them.

          (1) A "clergyman" is a minister, priest, rabbi, accredited Christian Science Practitioner, Native American Church Roadman, properly authorized traditional band or society headsman or firekeeper or other similar functionary of a religious organization of a recognized active traditional Tribal religion, or an individual reasonably believed so to be by the person consulting him.

          (2) A communication is "confidential" if made privately and not intended for further disclosure except to other persons present or to other persons to whom disclosure would be privileged under this Title if the disclosure had been made directly to such other person in furtherance of the purpose of the communication.

          (1) Elected members of the Tribal Legislature have a privilege against disclosure of their mental processes and reasoning in the casting of any vote by them at a duly constituted meeting of that body, except in cases where it is alleged that unlawful influence or bribery or attempted bribery was involved in that vote. This privilege may be claimed only by the member and is waived if the member testifies as to such matters.

          (2) Justices, Judges, and Magistrates have a privilege against disclosure of their mental processes and reasoning in the determination of any matter before them in any proceeding collateral to that matter, except in a collateral proceeding where it is alleged that unlawful influence or bribery or attempted bribery was involved in the underlying matter. The explanation and reasons for the decision of Judicial Officers which should appear on the record shall be sufficient. This Section shall not preclude the Supreme Court of the Tribe from remanding an action to a Judge or Magistrate for further findings of fact or conclusions of law in order to obtain an adequate record for review or to determine all issues necessary to a decision in a case.

          (3) Tribal Officers charged with the institution of legal proceedings before any agency of the Tribe or the Tribal Courts to enforce Tribal law have a privilege against disclosure of their mental processes and reasoning in the determination of any matter brought before them for a decision as to whether or not to institute such legal proceedings.

          (1) Voluntary disclosure; informer a witness. No privilege exists under this Section if the identity of the informer or his interest in the subject matter of his communication has been disclosed to those who would have cause to resent or be adversely affected by the communication by a holder of the privilege or by the informer's own action, or if the informer appears as a witness for the government.

          (2) Testimony on relevant issue. If it appears in the case that an informer may be able to give testimony relevant to any issue in a criminal case or to a fair determination of a material issue on the merits in a civil case to which a public entity is a party, and the informed public entity invokes the privilege, the court shall give the public entity an opportunity to show in camera facts relevant to determining whether the informer can, in fact, supply that testimony. The showing will ordinarily be in the form of affidavits, but the court may direct that testimony be taken if it finds that the matter cannot be resolved satisfactorily upon affidavit. If the courts finds that there is a reasonable probability that the informer can give the testimony, and the public entity elects not to disclose his identity, in criminal cases the court on motion of the defendant or on its own motion shall grant appropriate relief, which may include one or more of the following: requiring the prosecuting attorney to comply with a defense request for relevant information, granting the defendant additional time or a continuance, relieving the defendant from making disclosures otherwise required of him, prohibiting the prosecuting attorney from introducing specific evidence, and dismissing charges. In civil cases, the court may make any order the interests of justice require. Evidence submitted to the court in camera shall be sealed and preserved to be made available to the Supreme Court in the event of an appeal, and the contents shall ndt otherwise be revealed without consent of the informed public entity. All counsel and parties are permitted to be present at every stage of proceedings under this subdivision except a showing in camera at which no counsel or party shall be permitted to be present.

          (1) the evidence may refer only to character for truthfulness or untruthfulness, and

          (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.

          (1) concerning his character for truthfulness or untruthfulness, or

          (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.

          (1) was punishable by death or imprisonment in excess of one year under a federal or state law, under which he was convicted, and the Court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the defendant (if it is the defendant in a criminal case whose credibility is being questioned), or

          (2) involved dishonesty or false statement, regardless of the punishment or jurisdiction involved or

          (3) was punishable by banishment or imprisonment for six months, or is otherwise classified as a serious offense under the laws of an Indian Tribe in whose Courts the conviction was obtained.

          (1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which would be admissible under subparagraph (a) above, or

          (2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

          (1) make the interrogation and presentation effective for the ascertainment of the truth,

          (2) avoid needless consumption of time, and

          (3) protect witnesses from unnecessary harassment or undue embarrassment.

          (1) a party who is a natural person, or

          (2) an officer or employee of a party, designated as its representative by its attorney, when the party is not a natural person, or

          (3) a person whose presence is shown by a party to be essential to the presentation of his cause.

          (1) an oral or written assertion or

          (2) Non-verbal conduct of a person, if it is intended by him as an assertion.

          (1) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is:

          (i) inconsistent with his testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or

          (ii) consistent with his testimony and is offered to rebut an express or implied charge against him of recent fabrication or improper influence or motive, or

          (iii) one of identification of a person or object made after perceiving him or it; or

          (2) Admission by party-opponent. The statement is offered against a party and is:

          (i) his own statement, in either his individual or a representative capacity or

          (ii) a statement of which he has manifested his adoption or belief in its truth, or

          (iii) a statement by a person authorized by him to make a statement concerning the subject, or

          (iv) a statement by his agent or servant concerning a matter within the scope of his agency or employment, made during the existence of the relationship, or

          (v) a statement by a co-conspirator of a party during the course and in furtherance of the conspiracy.

          (1) the activities of the office or agency, or

          (2) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, or

          (3) in civil actions and proceedings and against the Government in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness.

          (1) the statement is offered as evidence of a material fact;

          (2) the statement is more probative on the point for which it is offered that any other evidence which the proponent can procure through reasonable efforts; and

          (3) the general purposes of this Title and the interests of justice will best be served by admission of the statement into evidence.

          (1) is exempted by ruling of the Court on the ground of privilege from testifying concerning the subject matter of his statement; or

          (2) persists in refusing to testify concerning the subject matter of his statement despite an order of the Court to do so; or

          (3) testifies to a lack of memory of the subject matter of his statement; or

          (4) is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or

          (5) is absent from the hearing and the proponent of his statement has been unable to procure his attendance (or in the case of a hearsay exception under subdivision (b) (2), (3), or (4), his attendance or testimony) by process or other reasonable means.

          (1) Former testimony. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

          (2) Statement under belief of impending death. In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that his death was imminent, concerning the cause or circumstances of what he believed to be his impending death.

          (3) Statement against interest. A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject him to civil or criminal liability, or to render invalid a claim by him against another, that a reasonable man in his position would not have made the statement unless he believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

          (4) Statement of personal or family history.

          (i) statement concerning the declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history, even though declarant had no means of acquiring personal knowledge of the matter stated; or

          (ii) a statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other's family as to be likely to have accurate information concerning the matter declared.

          (5) Other exceptions. A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the Court determines that:

          (i) the statement is offered as evidence of a material fact;

          (ii) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and

          (iii) the general purposes of this Title and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party in writing sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, his intention to offer the statement and the particulars of it, including the name and address of the declarant.

          (1) Testimony of witness with knowledge. Testimony that a matter is what it is claimed to be.

          (2) Non-expert opinion on handwriting. Non-expert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.

          (3) Comparison by trier or expert witness. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.

          (4) Distinctive characteristics and the like. Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances.

          (5) Voice identification. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstance connecting it with the alleged speaker.

          (6) Telephone conversations. Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if:

          (i) in the case of a persoq, circumstances, including self- identification, show the person answering to be the one called, or

          (ii) in the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.

          (7) Public records or reports. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.

          (8) Ancient document or data compilation. Evidence that a document or data compilation, in any form:

          (i) is in such condition as to create no suspicion concerning its authenticity,

          (ii) was in a place where it, if authentic, would be likely to be, and

          (iii) has been in existence 20 years or more at the time it is offered.

          (9) Methods provided by statute or rule. Any method of authentication or identification provided by Act or Ordinance of the Executive Committee or by other rules prescribed by the Tribal Supreme Court pursuant to statutory authority.

          (1) Domestic public documents under seal. A document bearing a seal purporting to be that of the United States, or of any Indian Tribe, State, District, Commonwealth, territory, or insular possession thereof, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.

          (2) Domestic public documents not under seal. A document purporting to bear the signature in his official capacity of an officer or employee of any entity included in paragraph (1) hereof, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.

          (3) Foreign public documents. A document purporting to be executed or attested in his official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position:

          (i) of the executing or attesting person, or

          (ii) of any foreign official whose certificate of genuineness of signature and official position related to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation.

          (4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with Subsection (1), (2), or (3) of this Section or complying with any Act or Ordinance of the Executive Committee or rule prescribed by the Supreme Court of the Tribe pursuant to statutory authority.

          (5) Official publications. Books, pamphlets, or other publications purporting to be issued by public authority.

          (6) Newspapers and periodicals. Printed materials purporting to be newspapers or periodicals.

          (7) Trade inscriptions and the like. Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin.

          (8) Acknowledged documents. Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments or administer oaths.

          (9) Commercial paper and related documents. Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law.

          (10) Presumptions under Acts or Ordinances. Any signature, document, or other matter declared by Act or Ordinance of the Executive Committee to be presumptively or prima facie genuine or authentic.

          (a) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or

          (b) Original not obtainable. No original can be obtained by any available judicial process or procedure; or

          (c) Original in possession of opponent. At a time when an original was under the control of the party against whom offered, he was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and he does not produce the original at the hearing; or

          (d) Collateral matters. The writings, recording, or photograph is not closely related to a controlling issue.

          (1) When the Court must make preliminary findings of fact in order to rule on the admissibility of evidence under Section 104.

          (2) Proceedings for extradition, preliminary examinations and arraignments in criminal cases, sentencing, granting or revoking parole or probation, issuance of warrants for arrest, criminal summonses, and search warrants, the dispositional phase of juvenile proceedings, and proceedings with respect to release on bail or otherwise.