Section TCT.02.20 — Full Faith And Credit

(a) The judicial records, orders and judgments of outside courts shall have the same full faith and credit in the Tribal Court System as do the acts, records, orders and judgments of the Tribal Court System, if the Tribal Court System deems that the record, order or judgment is of sufficient reliability.

(1) For purposes of this section, the term "outside court" means the tribal, state or federal court from which the act, record, order or judgment was issued.

(b) In assessing whether the record, order or judgment is of sufficient reliability to receive full faith and credit in the Tribal Court System, the Trial Court or Court of Appeals may consider whether:

(1) the court is a court of record.

(2) the court judgment offered in evidence is a valid judgment.

(A) In determining whether an outside court's judgment is a valid judgment, the Tribal Court System may consider whether:

(i) The outside court had jurisdiction of the subject matter and over the person named in the judgment.

(ii) The judgment is final under the laws of the outside court.

(iii) The judgment is on the merits.

(iv) The judgment was procured without fraud, duress or coercion.

(v) The judgment was procured in compliance with procedures required by the outside court.

(3) the court certifies that it grants full faith and credit to the judicial records, orders and judgments of the Tribal Court System and to the acts of other governmental entities in this state.

(c) To qualify for admission as evidence in the Tribal Court System, copies of records, orders and judgments of the outside court shall be authenticated by the attestation of the clerk of the court. The seal, if any, of the court shall be affixed to the attestation.