RULE 26. DISCOVERY.

1. Parties may obtain discovery regarding any matter not privileged which is relevant to the pending action, whether or not such is or may be admissible at trial, if the request appears reasonably calculated to lead to the discovery of admissible evidence.  Discovery may not be had of the work project of the party’s attorney.  Discovery may be had by any or all of the following methods.  The frequency of use of these methods is not limited unless the Court so orders.
2. Interrogatories -  Any party may submit interrogatories to any other party who must answer the same in writing under oath within thirty (30) days of receipt.
3. Any party may take the oral deposition of an adverse party or any witness under oath upon not less than ten (10) days notice specifying the time and place when and where such deposition will occur.  A deposition may be taken at any place by agreement of the parties.  If no agreement as to location can be reached, such deposition will be performed at the Tribal Court building in Rosebud, South Dakota.
4. Any Party may request any other party to produce any documents or physical evidence in his custody or possession or copying or request permission to enter and inspect real property reasonably related to the case.  The party to whom the request has been presented shall within thirty (30) days reply as to whether or not such will be allowed, and if not, state the reason.  If production or inspection is not agreed to, or allowed, then the party requesting the same shall move the Court for a determination by the Court of whether or not inspection or production of documents will be allowed.  The Court shall order such inspection if it is reasonably relevant to the case at hand.
5. A party against whom discovery is sought may move the Court for protective order to prevent annoyance, harassment, embarrassment oppression, undue burden of expense, or protection of trade secrets or other confidential material.  The Court may make such orders as are reasonably necessary to protect the confidentiality of the material yet still allow such discovery as is appropriate.  The Court may grant the protective order in its entirety or deny the same in its entirety or grant partial relief to either party.
6. If a party fails to respond or appear for discovery as provided in these rules, the opposing party may move the Court for an Order to compel the non-performing party to perform.  The Court may award the costs or attorney fees to the non-defaulting party for the necessity of bringing the matter before the Court.  If a party fails to perform after being ordered to do so by the Court, the Court may upon motion and notice order that a certain fact, claim, or defense be deemed established or strike part of a claim or defense or dismiss the action or render a judgment by default against the non-complying party in an aggravated case.
7. Answers to interrogatories and depositions may be used at any hearing or at trial to impeach or contradict the testimony of a person deposed or discovered.  The deposition of a witness, whether or not a party, may be used by any party or any purpose if the Court finds that the witness is dead, or that the witness is outside the jurisdiction of the Court unless it appears that the absence of a witness was procured by the party offering the deposition, or that the witness is unable to attend or testify because of age, sickness, infirmity, imprisonment, or occupational commitments, or if the party offering the deposition has been unable to procure the attendance of the witness by subpoena.  In the event that a deposition to be offered, review the same and make rulings on such objections to admissibility of questions as are in such deposition or as are made in writing by either party.  The Court shall then edit the deposition based upon such objections and the deposition as edited shall be read to the jury in lieu of the witness’s testimony.