Nottawaseppi Huron Band of the Potawatomi, MI Chapter 8.1 Recognition and Enforcement of Foreign Judgments

[HISTORY: Adopted by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi 11-6-2007 by Res. No. 11-06-07-02 (Title VIII, Ch. 1, of the Tribal Code). Amendments noted where applicable.]

GENERAL REFERENCES

Implementing procedures for recognition and enforcement of foreign judgments — See Ch. 8.2.

§ 8.1-1 Title.

This chapter shall be known as "Recognition and Enforcement of Foreign Judgments."

§ 8.1-2 Purpose.

The purpose of this chapter is to provide for the recognition and enforcement of the judgments, decrees, orders, warrants, subpoenas, records and other judicial acts of foreign courts by the Courts of this Tribe. This enactment provides the reciprocity required by Michigan Court Rule 2.615 for recognition and enforcement by the Courts of the State of Michigan of judgments, decrees, orders, warrants, subpoenas, records and other judicial acts of the Courts of this Tribe.

§ 8.1-3 Michigan Courts.

The Tribal Court shall recognize and enforce the judgments, decrees, orders, warrants, subpoenas, records, and other judicial acts of the Courts of Michigan, and such process from the Courts of Michigan shall be presumed valid by the Tribal Court unless an objecting party demonstrates that the:

A. State Court lacked personal or subject-matter jurisdiction; or

B. Judgment, decree, warrant, subpoena, record or other judicial act:

(1) Was obtained by fraud, duress, or coercion;

(2) Was obtained without reasonable notice or a fair hearing;

(3) Is repugnant to the public policy of the Tribe; or

(4) Is not final under the laws and procedure of the State Court.

§ 8.1-4 Other courts.

A. This recognition of foreign judgments shall apply as well to the judgments, decrees, orders, warrants, subpoenas, records, and other judicial acts of courts of other states and of other Indian tribes; provided that the courts of such other states and tribes, in view of the Tribal Court, have provided or will provide reciprocal enforcement of all Tribal Court judgments, decrees, orders, warrants, subpoenas, records, and other judicial acts.

B. Notwithstanding the foregoing, foreign judgments, decrees, orders, warrants, subpoenas, records and other judicial acts of courts of other states and other Indian tribes shall be entitled to recognition and enforcement by the Courts of this Tribe in the absence of a finding by the Tribal Court that reciprocal enforcement of Tribal Court judgments and other judicial acts has been afforded by such foreign jurisdiction to the extent the Tribal Council has made a determination that such recognition and enforcement is in the best interests of the Tribe and is narrowly tailored to a specific transaction, circumstance, agreement or series of related transactions, circumstances or agreements, as evidenced by a resolution passed by the Tribal Council to such effect.

[Added 3-29-2012 by Res. No. 03-29-12-01]

§ 8.1-5 Full faith and credit exception.

This chapter does not apply to judgments or orders that federal law requires be given full faith and credit.