IV. PRELIMINARY PROCEEDINGS.

1. THE COMPLAINT
   1. The Complaint shall be a written statement of the essential facts contributing the offense charged and shall be made upon oath before a notary public or a Judge or Magistrate of the Tribal Court, or be accompanied by a sworn affidavit.
   2. The Complaint must state:
      1. The names of the person accused, if known, or some other name, if not known, plus whatever description of the person accused is known.
      2. The general location where the offense was committed.
      3. The general name and code designation of the offense.
      4. A short, concise statement of the specific acts of omission to act complained.
      5. The person against whom or against whose property the offense was committed, if known, otherwise no statement need be made.
      6. The date and approximate time of the commission of the offense, if known.
      7. The name of the person filing the complaint.
   3. No minor omission from or error in the form of the Complaint shall be grounds for dismissal of the case unless some significant prejudice against the defendant can be shown to result therefrom.
   4. It shall not be necessary to charge a specific class (Class A, B, or C) of an offense which depends for the degree of punishment upon factual findings such as the value of the property taken in a theft offense.
   5. The Judge or Magistrate issuing the Complaint shall examine such complainant under oath to ascertain his knowledge as to the facts alleged in the Complaint and determine if probable cause exists to issue such Complaint. If it appears from the Complaint and the examination of the complainant that probable cause exists to believe that an offense has been committed, the Judge or Magistrate will issue the Complaint by affixing his signature thereto.
2. ARREST-WARRANT OR SUMMONS
   1. Upon the issuance of the Complaint, a warrant of arrest or a summons shall be issued to bring the defendant in the Complaint before a Judge or Magistrate of the Tribal Court. The warrant or summons shall specify the Court before which the defendant is to appear.
   2. Whenever it is provided that a warrant may be issued for the arrest of a person charged with the commission of a Class B or C offense, the Judge or Magistrate shall issue or cause to be issued a summons instead of a warrant, unless he has reasonable grounds to believe that the person will not appear upon a summons, in which case he shall issue a warrant of arrest. A warrant of arrest shall be issued in all cases in which a Class A offense is charged.
   3. The warrant of arrest shall be signed by the Judge or Magistrate issuing such and shall contain the name of the defendant, or, if such is known, some other name plus a reasonable description of the defendant, if known. It shall describe the offense charged and it shall command that the defendant be arrested and brought before the Judge or Magistrate to enter a plea.
   4. When a summons is issued, it shall name the defendant, specify the offense charged and order the defendant to appear before a specified Judge or Magistrate and set the time and place of such appearance. In the event the defendant fails to appear as directed by the summons, a warrant shall be issued in his arrest.
   5. Warrants and summons shall be served by any officer authorized to make arrests on the Rosebud Reservation, or by any other person designated by the Tribal Courts or by the Judiciary Committee to perform such functions.
      1. The service of warrants and summons may be accomplished anywhere within the exterior boundaries of the Rosebud Indian Reservation and the time and place of such service or arrest and the name of the person serving the same shall be endorsed thereon and the original returned to the Court and a copy containing said endorsement shall be left with the person served.
      2. An officer need not have the warrant in his possession at the time of arrest, but if he does not, he shall inform the defendant that a warrant has been issued, the nature of the charge, and shall provide the defendant with a copy of the arrest warrant and Complaint not later than the time of appearance before the Court. If reasonably possible a properly endorsed copy of the summons or warrant plus a copy of the Complaint shall be given to the defendant at the time of service or arrest.
      3. In the event a defendant service of a summons or a defendant cannot be located after a reasonable search, a warrant shall be issued for his arrest.
   6. Any officer authorized to make arrests on the Rosebud Reservation may, without a warrant, arrest a person for any offense committed in the presence of the officer or may, upon probable cause that a Class A crime has been committed and that the person arrested committed it, arrest that person although the offense was not committed in the presence of the officer.
   7. Any arresting officer:
      1. Must inform the person to be arrested of his intentions to arrest him, of the cause or reason for the arrest, and his authority to make it, except when the person to be arrested is actually engaged in the commission of, or an attempt to commit, an offense, or is pursued immediately after its commission, or an escape, if such is not reasonably possible under the circumstances;
      2. Must show the warrant of arrest if such exists and is demanded as soon as practicable;
      3. May use only that force which is reasonably necessary to effect an arrest;
      4. May break open a door or window of a building in which the person to be arrested is, or is reasonably believed to be, after demanding admittance and explaining the purpose for which admittance is desired;
      5. May search the person arrested and take from him and put into evidence all weapons he may have about his person;
      6. Shall, as soon as possible, do as commanded by the arrest warrant or deliver the person to jail and obtain a Complaint;
      7. May, if fresh pursuit, continue such pursuit, and arrest upon capture the person pursued even if arrest would occur outside the exterior boundaries of the Reservation. All persons so arrested may be returned to the Reservation by the arresting officer if the arresting occurs in the State of South Dakota. Otherwise, the arrested person will be turned over to local police officials pending extradition proceedings.
3. ARRAIGNMENT
   1. As soon as reasonably possible, but not more than seventy-two (72) hours after arrest on a warrant, a defendant shall be brought before a Judge or Magistrate of the Tribal Court. In the event a summons has been issued the defendant shall appear at the time designated in the summons.
   2. If the defendant does not have counsel and desires to be represented, he shall be given a reasonable time to secure counsel before entering his plea.
   3. The defendant shall be provided with a copy of the Complaint if he has not received one; it shall be read to him and he will be advised of his rights as follows:
      1. The defendant has the right to appear and defend himself in person or by counsel.
      2. In the event a defendant is determined to be indigent by the Court and wishes to be represented by counsel, the Court shall appoint counsel for the defendant with the exception that no defendant shall have the right to have appointed professional counsel at the tribe’s expense.
      3. The defendant shall have the right to confront and cross-examine all of the witnesses against him in person or by counsel.
      4. The defendant shall have the right to have witnesses compelled by subpoena to appear and testify for him.
      5. The defendant shall have the right to refuse to testify regarding the charge against him or to testify on his own behalf provided that once he takes the stand to testify he shall have waived the right to refuse to testify in any matter relevant to the immediate proceeding.
      6. The defendant shall have the right to have a speedy trial by an impartial judge or jury.
   4. The defendant shall enter a plea of guilty to the offense charged or not guilty and the Court shall then advise the defendant of the sentence or bail as is appropriate.
4. PLEAS
   1. Upon the entering of a plea of guilty by a defendant the Court shall determine from the defendant that the plea was voluntarily made and that the defendant understood the nature of the charge and the consequences of a guilty plea. In the event the defendant refuses to plead or that the Court does not accept a plea of guilty, the Court shall enter a plea of not guilty.
      1. The defendant may be permitted, with the consent of the Court and the prosecuting attorney, to enter a plea of guilty to a lesser offense included in the offense charged in the Complaint.
   2. Upon the defendant entering a plea of not guilty to the offense charged in the Complaint, the Court will set a time for trial of the matter and shall determine whether the defendant desires a trial by jury or a trial to the Court.
      1. Appropriate bail shall be set by the Court and the defendant released on bail or remanded to custody pending the trial of the matter in the event he is unable to post the bail as set by the Court.
      2. A defendant may be released upon his own recognizance at the discretion of the Court and upon his promise to appear before the Court at the times set for such appearance.
5. JOINDER OF OFFENSES AND DEFENDANTS
   1. Two or more defendants may be charged in the same Complaint if they are alleged to have participated in the same act or transaction constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of such defendants need not be charged on each count.
   2. Two or more defendants may be tried together if they could have been joined in a single Complaint and a single defendant may be tried on more than one Complaint at a single trial.
      1. If it appears that a defendant or the Rosebud Sioux Tribe is prejudiced by a joinder of offenses or other defendant for trial together, the Court may order separate Complaints and may order separate trials or provide such other relief justice requires.
6. PRETRIAL CONFERENCE AND MOTIONS
   1. The Court shall, upon motion of either party, or upon its own motion, hold a pretrial conference. The Court shall compel the attendance of the defendant and his counsel at the conference. The prosecution and defense may be required by the Court to exchange discoverable information at the conference. The Court shall at the time consider all pretrial motions and the Court may issue such orders as deemed proper to regulate the conduct of trial.
   2. Defenses or objections that are capable of determination other than a trial must be raised at the pretrial conference.
7. SUBPOENA
   1. A subpoena is an order of Court issued by a Judge, Magistrate or the Clerk of Courts. It shall command each person to whom it is directed to attend and give testimony at a place therein specified. The Clerk may issue subpoenas, signed and otherwise complete except for the name of the person or thing subpoenaed to a defendant upon request.
   2. A subpoena may be served by any police officer or any person designated by the Court or the Judiciary Committee. Service must be made by handing a copy to the person named therein and a subpoena may direct the person named to bring some object or piece of evidence before the Court. No fees or mileage allowance need be tendered with service.
   3. A subpoena may be served any place within the exterior boundaries of the Rosebud Reservation. Failure, without adequate excuse, to obey a properly-served subpoena may be deemed a contempt of court and prosecution thereof may proceed upon the order of the Court. No contempt shall be prosecuted unless a return of service of the subpoena has been made on which is endorsed the date, time, and place of service and the person performing such service.