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Poarch Band of Creek Indians Tribal Code

[Includes amendments and additions dated through 2004]


Approved 7-16-89
[Initials on original document.]
[Applies to §12-1-1 thorough §12-1-4.]


§12-1-1 Foreign Judgments

(a) The Poarch Band of Creek Indians recognizes and adopts Article IV Section I of the Constitution of the United States as it pertains to judicial proceedings of other states. The Tribe shall not recognize however any judicial proceeding of any state which has attempted to make the Tribe a party to a state judicial proceeding. The extension of full faith and credit to judicial proceedings of the several states of the United States is not and shall not be deemed a waiver of tribal sovereignty and any interpretation of this section to the contrary shall render this section void.


§12-1-2 Application

(a) Any person may apply to the Poarch Creek Tribal Court by written application for an order accepting a civil judgment from another Tribal, State or Federal Court as a judgment of the Poarch Creek Indians Tribal Court.


§12-1-3 Review by Court

(a) The Tribal Judge shall review the application within thirty (30) days of it being filed. The Tribal Judge shall then decide whether to extend full faith and credit to the judgment and enter an order declaring the other Court's judgment as a Poarch Creek Indian Tribal Court judgment. The Tribal Judge shall have full and total discretion regarding this matter and shall be guided by the best interests of the Tribes and the parties.


§12-1-4 Payment of Judgment

(a) Upon the entry of an order by the Tribal Judge declaring the other Court's judgment to be a judgment of the Poarch Creek Indian Tribal Court, all provisions of this Code regarding judgments shall be applicable.

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