RULE 47. JURIES.

1. Each year, preferably in January, but in any event, as soon after the first of the year as can reasonably be done, the Judiciary Committee of the Tribal Council or such other committee as the Council may direct shall compile from the Rosebud Sioux Tribe Tribal census rolls a list of not less than fifty (50) persons who shall be designated as the jury list for that year until their successors are selected.  The committee selecting the jury list shall select resident members of the Rosebud Sioux Tribe at least eighteen (18) years of age who in opinion of the committee shall be able to regularly attend Court as required and shall not have been convicted of any felony.  When the jury list is completed, the list shall be delivered to the Chief Judge and the Clerk of Courts.  The Clerk shall then notify in writing each member of the jury list that they have been selected for jury duty for that year and advise them to be presented for jury service during the succeeding year.
2. At any time when a jury trial has been scheduled and a trial date has been fixed, at least one (1) week prior to the date fixed for trial, the Clerk shall draw by lot from the jury list the names of twenty (20) jurors which twenty (20) jurors shall be deemed the jury panel for the succeeding jury trial which is scheduled.  Those persons shall be notified at least seven (7) days prior to the date set for trial by first class mail that their presence is required at the time and place fixed for said jury trial and that they may be punished as being in contempt of Court for their willful failure to appear.
3. Individuals shall be paid the sum of $10 plus road trip mileage at the prevailing tribal rate per day for each day that they are required to appear for jury duty.  However, those selected to actually serve as Jurors shall be paid the sum of $40 dollars plus road trip mileage at the prevailing tribal rate per day for each day that they are required to actually perform jury service.
4. The Court shall permit the parties or their counsel, but not both, to conduct an examination of prospective jurors.  The Court may also examine the prospective jurors for the purpose of establishing challenges.
5. A challenge is an objection made to a potential juror.  Challenges are two types, namely, challenges for cause or preemptory challenges.  Challenges for cause, must be based upon statements or status of the potential juror that the juror is familiar with the case, has formed an opinion regarding the outcome, is sufficiently related to one of the parties or one of the witnesses that it would be impossible or difficult for the juror to render a fair and impartial verdict, or for any other reason that the juror could not render a fair and impartial verdict.  The Judge shall immediately rule on any challenges for cause.  Preemptory challenges are challenges made for no reason.  Each side of a case shall have three (3) preemptory challenges.  Where there are multiple Plaintiffs or multiple Defendants, the Plaintiffs and Defendants must divide the preemptory challenges among them or work out some other agreeable arrangements for exercising of the challenges.  No more than three (3) preemptory challenges will be executed on each side.
6. The Clerk shall draw lots and seat twelve (12) potential jurors from the panel and shall replace jurors for whom a challenge for cause is allowed until a full panel of twelve (12) is passed for cause.  The parties shall then exercise preemptory challenges.  Each side must exercise the full three (3) preemptory challenges allowed to them.  After exercise of the preemptory challenges, the Clerk shall administer an oath to the jury selected for the trial that they will fairly deliberate on the case before them and render a true verdict according to the Court’s instructions.
7. The Court may allow an alternate juror or jurors to be chosen in such manner as the Court may direct.  If after the proceedings begin but before the case is submitted to the jury for their verdict, a juror becomes unable or disqualified to perform his duties, an alternate juror shall take his place.  If no alternate juror had been selected, the parties may agree to complete the action with the remaining jurors.  If no agreement can be reached, the Judge shall declare a mistrial, discharge the jury, and the case shall be tried with a new jury.
8. The Court may, in its discretion, allow the jury to view a location or piece of property or place of occurrence of a disputed or otherwise relevant fact or event.
9. At any time prior to their verdict, when the jurors are allowed to leave the Courtroom, the Judge shall admonish them not to converse with or listen to any other person on the subject of the trial and further admonish them not to form or express any opinions on the case until the case is submitted to them for their decision.
10. Once the case is submitted to the jury, they shall retire to deliberate in private under the charge of an officer of the Court called the bailiff.  He will refrain from communicating with them or allowing any other person to communicate with them except to inquire whether they have reached a verdict and he shall prevent others from improperly communicating with the jury.
11. The jury take into the jury room during deliberation the Court’s instructions, all documents received in evidence, and any notes taken by the jurors themselves.
12. If the jury has any questions on an instruction or other point of law or other area of inquiry, the jury may request additional instructions of the Court.  Such questions shall be answered by the Court after notice of the parties or their counsel.
13. If the jury is unable after a reasonable length of time to reach a verdict under these rules, the Court shall declare a mistrial and set the action for a new trial.