Stockbridge Munsee Community, Wisconsin - Tribal Law

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Stockbridge-Munsee Tribal Code.

Section TCT.05.22 — Recognition And Enforcement Of Foreign Judgments

(a) The Stockbridge-Munsee Tribal Court shall not recognize and enforce any foreign judgment unless the proponent of the foreign judgment;

(1) Complies with the procedure set forth in Section TCT.05.23 of this Code:

(2) Submits proof that the person against whom the foreign judgment has been rendered is subject to the jurisdiction of the Stockbridge-Munsee Tribal Court;

(3) Submits proof that the foreign judgment is based on valid subject matter jurisdiction;

(4) Submits proof that an attempt was made to enforce the judgment in the jurisdiction which the foreign judgment was rendered and that such attempt was unsuccessful; or good cause why an attempt at enforcement of the foreign judgment in the jurisdiction in which the foreign judgment was rendered would be futile;

(5) Submits proof that the foreign judgment is final and that no appeal therefrom is pending; and

(6) Submits proof that the government from which the foreign judgment is issued provides reciprocal full faith and credit to the order, decrees and judgments of the Stockbridge-Munsee Tribe.

(b) The Stockbridge-Munsee Tribal Court shall not recognize or enforce a foreign judgment when to do so would require the Tribe to waive its immunity from suit, except when the Tribe is served as a garnishee for the wages or property of an employee, in which case the requirements set out in Section TCT.05.17 of this Code shall be adhered to.

(c) The Stockbridge-Munsee Tribal Court need not recognize a foreign judgment if:

(1) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to allow him to defend;

(2) The foreign judgment decree or order violated the Indian Civil Rights Act of 1968, 25 U.S.C. 1301-1341;

(3) The foreign judgment was obtained by fraud;

(4) The foreign judgment would serve to violate any federal law, tribal law, custom or tradition, or the Treaty of 1856 between the Stockbridge-Munsee Tribe and the federal government; or

(5) The cause of action on which the judgment is based is contrary to the general welfare of the Stockbridge-Munsee Tribe or its members.

Original url: https://law.mohican.com/us/nsn/mohican/council/code/TCT.05.22

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