A person seeking recognition of a foreign judgment (the "petitioner")
shall file with the Tribal Court:
A. A copy of the judgment, which has been authenticated by the clerk
or registrar or the foreign court;
B. An affidavit of the petitioner or his or her attorney attesting to
the following:
(1) The name and address of the respondent ("respondent");
(2) Proof that the judgment is final and a statement that no appeal is
pending;
(3) A statement that no subsequent orders vacating, modifying or reversing
the judgment have been entered in the rendering jurisdiction.
Upon filing of the foreign judgment, attestation, and affidavit,
the Tribal Court administrator or clerk must with fourteen (14) days
mail a notice of the filing of the foreign judgment along with a copy
of the judgment, attestation, and affidavit to the respondent at the
address provided by the petitioner and provide the following:
A. The name and address of the petitioner and his or her attorney;
B. Notice that an order granting the recognition and entitlement to enforcement shall be entered by the Tribal Court unless the respondent files written objections cognizable under §
8.1-3 of Chapter
8.1, Recognition and Enforcement of Foreign Judgments, with the Tribal Court within twenty-one (21) days of the service of the notice of filing of foreign judgment on the respondent.
If the respondent does not file such written objections with
the Tribal Court within the time period prescribed above, the order
granting recognition and entitlement to enforcement of the foreign
judgment shall be entered by the Tribal Court.
The entry of an order granting the recognition and entitlement
to enforcement of the foreign judgment by the Tribal Court shall entitle
the petitioner to enforce his or her judgment against the respondent
in any manner provided by tribal law.
[Added 3-29-2012 by Res. No. 03-29-12-01]
Any judgments, decrees, orders, warrants, subpoenas, records
and other judicial acts issued by a foreign court shall be entitled
to recognition and enforcement by the Tribal Court regardless of whether
such foreign court affords reciprocal recognition and enforcement
of the judicial acts of the Tribal Court to the extent the Tribal
Council expressly finds 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.