Rule 1. Scope; definitions

(a) Scope.

(1) In General. These rules govern the procedure in all criminal proceedings in the Cherokee Court and the Cherokee Supreme Court, and may be cited as the Cherokee Rules of Criminal Procedure.

(2) Excluded Proceedings. Proceedings not governed by these rules include:

(A) Civil proceedings;

(B) A proceeding under an ordinance governing juvenile delinquency or undisciplined petitions, except as specifically noted in Rule 5(C)(3)(d);

(C) Matters otherwise governed by the North Carolina Rules of Evidence; and

(D) Matters otherwise governed by the Cherokee Rules of Appellate Procedure.

(b) Definitions. The following definitions apply to these rules:

(1) "Attorney for the Tribe" means:

(A) The Attorney General or an authorized assistant or deputy;

(B) The Tribal Prosecutor or an authorized assistant; and

(C) Any other attorney authorized by law to conduct proceedings under these rules as a prosecutor.

(2) "Court" means a Cherokee Court Judge or Supreme Court Justice performing functions authorized by law.

(3) "Magistrate" means: a Cherokee Court Magistrate as defined in C.C. § 50B-4

(4) EBCI or Tribe means Eastern Band of Cherokee Indians, a Federally recognized Indian Tribe.

(5) "Judge" means a Cherokee Court Judge.

(6) "Justice" means a member of the Cherokee Supreme Court

(7) "Oath" means the traditional swearing to tell the truth and may include an affirmation.

(8) "Qualla Boundary" means the entire Cherokee Indian Reservation located in North Carolina including lands in Graham and Cherokee Counties and lands owned by the Tribe in fee simple.

(9) "State or local judicial officer" means: a Judge or Justice of the North Carolina General Court of Justice or a State Court Magistrate.

(10) "Marshal" means the Marshal of the Supreme Court, who also serves as the Court security officer for the Cherokee Court.

(11) "CIPD" means the Cherokee Indian Police Department.

(c) Authority of a Justice or Judge of the Cherokee Court. When these rules authorize a Magistrate to act, any other Cherokee Court Judge or Supreme Court Justice may also act.