TCT.2.9.100 Subpoenas

(a) The judges or magistrates of the Lac Courte Oreilles Tribal Court shall have the power to issue subpoenas for the attendance of witnesses and production of documents or physical evidence on the request of any party to a case or on the court's own motion, which subpoena shall bear the signature of the judge or magistrate issuing it. Service of subpoena shall be by law enforcement personnel or by an individual appointed by the court for that purpose, and may be by any means directed by the court.

(b) Service of a subpoena unless otherwise directed by the court shall be made by delivering a copy of it to the person named or by leaving a copy at the person's place of residence with any competent person sixteen (16) years or older who also resides there.

(c) Proof of service of the subpoena shall be filed with the Clerk of Court by noting on the back of a copy of the subpoena the date, time and place it was served, and noting the name of the person to whom it was delivered. Proof of service shall be signed by the person who actually served the subpoena. The court may in its discretion provide for alternative reliable proof of service.

(d) In the absence of justification satisfactory to the court, a person who fails to obey a subpoena may be deemed to be in contempt of court.

(e) Each witness answering a subpoena shall be entitled to a witness fee of $25 per day. The party requesting the subpoena shall deposit the fee with the Clerk of Court at the time of the request. The Clerk of Court shall pay the witness fee to the witness after the witness testifies or is excused from further testimony by the Court and shall return the fee to the party requesting the subpoena if for any reason the witness does not appear as subpoenaed. The witness fee may be included in an award of costs to a prevailing party.