Stockbridge Munsee Community, Wisconsin - Tribal Law

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Stockbridge-Munsee Tribal Code.

Section TCT.05.23 — Procedure For Recognition And Enforcement Of Foreign Judgments

(a) In order for a foreign judgment to be recognized and enforced, such judgment shall be filed by its proponent with the Stockbridge-Munsee Tribal Court within one year from the date of its issuance.

(b) Proper filing of a foreign judgment with the Stockbridge-Munsee Tribal Court shall be accomplished when the proponent thereof has delivered to the Court a certified copy of the foreign judgment, the date of its entry, the record of any subsequent entries affecting it, such as levies of execution and payments in partial satisfaction, and a motion requesting that the Stockbridge-Munsee Tribal Court recognize and enforce the foreign judgment. A properly filed foreign judgment shall be docketed and recorded in the Tribal Court in the same manner as other cases.

(c) Upon proper filing of a foreign judgment with the Stockbridge-Munsee Tribal Court, the Court shall issue a summons directing the defendant to appear on a date not more than 30 days from the date of service and respond to the motion requesting the Stockbridge-Munsee Tribal Court to recognize and enforce the foreign judgment. Such a summons shall be served on the defendant in a manner consistent with this Code.

(d) Failure to appear as directed by the summons or failure to respond to the motion requesting the Court to recognize and enforce the foreign judgment once personal jurisdiction over the defendant has been obtained shall not prevent the Court from ruling on the motion.

(e) After reviewing all the relevant evidence concerning the foreign judgment the Court shall issue an order granting or denying the motion to recognize and enforce the foreign judgment. Such an order shall be a final judgment of the Stockbridge-Munsee Tribal Court in favor of either the plaintiff or defendant to the foreign judgment and shall be enforceable as such.

Original url: https://law.mohican.com/us/nsn/mohican/council/code/TCT.05.23

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