Turtle Mountain Band of Chippewa Indians of North Dakota - Tribal Law

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Turtle Mountain Band of Chippewa Indians Tribal Code.

4.01.030 Recognition of Foreign Court Orders and Judgments

The judicial orders and judgments of other reservations, and all federal and state courts will be recognized by the Turtle Mountain Tribal Court, unless objected to. These orders or judgments shall have the same effect and are subject to the same procedures, defenses, and proceedings as judgments of the tribal court. If recognition of a judgment is objected to by a party, the tribal court must be satisfied, upon application and proof by the objecting party with respect to Subsections (a) through (e), that the following conditions are present:

(a) The foreign court had personal and subject matter jurisdiction;

(b) The order or judgment was obtained without fraud, duress, or coercion;

(c) The order or judgment was obtained through a process that afforded fair notice and a fair hearing;

(d) The order or judgment does not contravene the public policy of the Turtle Mountain Tribe; and

(e) The order or judgment is final under the laws and procedures of the rendering foreign court.

Original url: /us/nsn/tmchippewa/council/code/4.01.030

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