15.10.360 Protective orders for property.
(a) Protective Order. The Tribal Court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property subject to forfeiture under this chapter if the Tribal Court determines that:
(1) There is a substantial probability the Yurok Tribe will prevail on the issue of forfeiture and that failure to enter the order will result in the property being destroyed, removed from the jurisdiction of the Tribal Court, or otherwise made unavailable for forfeiture; and
(2) The need to preserve the availability of the property through the entry of a Tribal Court order outweighs the hardship on any party against whom the order is to be entered.
(b) Notice. Prior to the Tribal Court entering an order pursuant to this section, any person known to have alleged an interest in the property must be provided notice and opportunity for a hearing, unless the Yurok Tribe demonstrates that there is probable cause that the property is subject to forfeiture and the provision of notice will jeopardize the availability of the property for forfeiture. A hearing requested concerning an order entered without notice under this section shall be held at the earliest possible time and prior to expiration of the order.
(c) Protective Order for Real Property. Real property, before entry of an order of forfeiture, shall not be seized or subject to a protective order, except upon a showing by the Yurok Tribe that less restrictive measures such as a restraining order or bond would not sufficiently protect the Tribe’s interests in preventing the sale, destruction, or continued unlawful use of the real property.
(d) Expiration of a Protective Order. An order entered pursuant to this section shall be effective for not more than 90 days, unless extended by the Tribal court for good cause shown.
(e) Evidentiary Standard. The Tribal Court may receive and consider, at a hearing held pursuant to this section, evidence and information that would be inadmissible under the Tribal Court or Federal Rules of Evidence, so long as the Tribal Court considers such evidence reasonable and reliable. [Ord. 82 § 4406, amended, 4/10/2023; Ord. 35 § 4406, adopted, 2/6/2014.]