Coushatta Tribe of Louisiana Judicial Codes
Approved: 1998; Last amended: 2004
RESOLUTION No. 2000 - 04
Re: Enactment of procedural mechanism to implement Coushatta Judicial
Code Title 9, Section 10, Full Faith and
Credit.
WHEREAS, the Coushatta Tribe of Louisiana is a sovereign Indian Nation and is recognized as such by the United States of American; and
WHEREAS, the Coushatta Tribe of Louisiana is empowered by its sovereign status to exercise Legislative, Executive and Judicial powers; and
WHEREAS, the Coushatta Tribal Council is the duly elected governing body of the Coushatta Tribe of Louisiana; and
WHEREAS, the Coushatta Tribe is in need of a procedural mechanism to implement tribal law regarding the recognition and enforcement of foreign orders and judgments;
NOW THEREFORE, BE IT RESOLVED that the Coushatta Tribal Council hereby adopts and enacts a procedure for "Recognition and Enforcement of Foreign Orders and Judgments" arising out of the Coushatta Judicial Code Title 9, Section 10, Full Faith and Credit, and extends the authority of the Coushatta Judicial Codes and Coushatta Tribal Court to recognize and enforce all foreign orders and judgments according to tribal law adopted hereby;
IT IS FURTHER RESOLVED that this procedure shall become effective for all purposes on February 29, 2000.
IT IS FURTHER RESOLVED, that this procedure shall be incorporated into the Coushatta Judicial Code during its next publication and printing.
CERTIFICATION
This resolution was duly acted upon by the following council members at a meeting held on February 29, 2000, with a quorum present.
| /s/ LOVELIN PONCHO, Chairman |
/s/ |
| /s/ BERTNEY LANGLEY, Secretary/Treasurer |
/s/ LEONARD BATTISE |
| /s/ WILLIAM WORFEL |
|
RECOGNITION AND ENFORCEMENT OF FOREIGN ORDERS AND
JUDGMENTS
TITLE 9A, Chapter 1
9A.1.01 Purpose.
The purpose of this chapter is to provide the procedural mechanism to implement Coushatta Judicial Code Title 9, Section 10, Full Faith and Credit, which states as follows:
Full faith and credit shall be given by the Coushatta Court in civil actions to the judgments of Federal courts and to any State or tribal courts which are courts of record and which accord, pursuant to agreement agreement or otherwise, full faith and credit to the judgments of the Coushatta Court.
9A.1.02 Policy.
It is the policy of the Coushatta Tribe of Louisiana to promote justice, to encourage better relations between Federal courts, State and tribal courts and the Coushatta Tribe of Louisiana, and to encourage reciprocal action by federal, state and tribal courts. This policy and chapter applies to judgments and orders issued by Federal courts, courts of record of the State of Louisiana and courts of record from other states and of the courts of federally recognized Indian nations, tribes or bands, including courts of Indian offenses.
9A.1.03 Definitions.
(a) "Issuing Court" - a federal, tribal or state court that issued the original order or judgment for which full faith and credit is being sought.
(b) "Enforcing Court" - a tribal or state court that recognizes and enforces a foreign judgment or order.
9A.1.04 Recognition.
The judicial orders and judgments of federal courts, tribal courts of federally recognized Indian nations, tribes or bands, including courts of Indian offenses, and state courts of record, unless objected to, are recognized and have the same effect and are subject to the same procedures, defenses, and proceedings as judgments of the Coushatta Tribal Court.
Recognition shall be granted, unless objected to, if the Coushatta Tribal Court is satisfied that the following conditions are present:
1) The issuing court had personal and subject matter jurisdiction;
2) The order or judgment was obtained without fraud, duress, or coercion;
3) The order or judgment was obtained through a process that afforded fair notice and a fair hearing;
4) The order or judgment does not contravene the public policy of the Coushatta Tribe of Louisiana;
5) The order or judgment is final under the laws and procedures of the issuing court.
9A.01.05 Procedures.
Judgments or orders filed for recognition under this chapter are subject to the notice of filing, stay of enforcement, and fee provisions.
1) Notice of filing:
a) At the time of filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of court an affidavit setting forth the full name, occupation, place of residence and last known mailing address of the judgment debtor, to the best of affiant's information and belief, and if the debtor has a known street address, or residence number, or both, it must be given. This subsection does not apply to any case where judgment is taken against a corporation, limited liability company, copartnership, public official, or party sued in a representative capacity. Failure to file such affidavit, or the filing of a defective or insufficient affidavit, does not invalidate the foreign judgment filed, but recognition shall be stayed until the affidavit is filed or the defective or insufficient affidavit is cured.
b) Promptly upon the filing of a foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice must include the name and mailing address of the judgment creditor and the judgment creditor's lawyer, if any. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the court clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
c) No execution or other process for enforcement of a foreign judgment filed hereunder may issue until ten days after the date the judgment is filed.
2) Stay:
a) If the judgment debtor shows the Coushatta Tribal Court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the court in which it was rendered.
b) If the judgment debtor shows the Coushatta Tribal Court any ground upon which enforcement of a judgment should be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring security for satisfaction of the judgment which is required by the Coushatta Judicial Code.
3) Fee:
Any person filing a foreign judgment shall pay to the clerk of court a $25.00 filing fee.
9A.1.06 Jurisdiction.
Foreign judgments and orders granted full faith and credit shall be enforced as if issued by the Coushatta Tribal Court. Enforcement of such judgments and orders shall apply to all persons within the territorial boundaries of the Coushatta Indian Reservation. Employees shall be deemed to have consented to jurisdiction of the Coushatta Tribal Court for the purposes of enforcement of the chapter through employment with the Coushatta Tribe of Louisiana or any entities owned or operated by the Coushatta Tribe of Louisiana.
9A.1.07 Immunity.
The Coushatta Tribe of Louisiana and any entities owned or operated by the Coushatta Tribe of Louisiana, and any employee of the Coushatta Tribe of Louisiana who enforces a foreign judgment or order granted Full Faith and Credit by the Coushatta Tribal Court shall be immune from suit in any civil action arising from a claim arising for such enforcement action.
9A.1.08 Hearing.
Either party may request a hearing before the Coushatta Tribal Court. Notice of the hearing date and time shall be provided to the other party.
9A.1.09 Appeal of Trial Court Decision.
Either party may appeal the trial court's decision according to the procedures for appeal provided for by the Coushatta Judicial code. The prevailing party may be awarded actual damages, costs and attorney's fees.
9A.1.10 Jury.
In all actions under this chapter neither party may elect trial by jury.
9A.1.11 Exception.
This chapter does not apply to those orders or judgments to which federal law requires that tribes grant full faith and credit recognition.
9A.1.12 Domestic Violence Protection Orders Exempt.
This chapter does not apply to orders for protection for domestic violence. Enforcement of domestic violence protection orders shall be enforced according to the provisions provided for in the Domestic Violence chapter of the Coushatta Judicial Code.
9A.1.13 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this chapter are declared to be severable.
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