[HISTORY: Adopted by the Tribal Council of the Nottawaseppi
Huron Band of the Potawatomi 5-1-2008 by Res. No. 05-01-08-05 (Title VIII, Ch.
2, of the Tribal Code). Amendments noted where applicable.]
GENERAL REFERENCES
Recognition and enforcement of foreign judgments — See Ch. 8.1.
A.
A judgment that has been issued by a foreign court that has provided
or will provide reciprocal enforcement of all judgments, decrees,
orders, warrants, subpoenas, records, and other judicial acts of the
Courts of the Tribe ("Tribal Court") shall be presumed valid unless
an objecting party demonstrate that:
(1)
The Court lacked personal or subject-matter jurisdiction; or
B.
The recognition
process shall proceed as follows.
A person seeking recognition of a foreign judgment (the "petitioner")
shall file with the Tribal Court:
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.
A.
If the respondent files such written objections with the Tribal Court
within the time period prescribed above, the Tribal Court administrator
or clerk shall:
(1)
Send
by first class mail a copy of the objections to the petitioner and
his or her attorney; and
(2)
Send by first class mail a notice of hearing on the objections setting
forth the time, date, and place of the hearing to the respondent and
the petitioner and their attorneys;
(3)
Conduct a hearing at which the respondent's objections and the
petitioner's responses will be heard;
B.
After the hearing and after reviewing any submittals of the respondent
and petitioner, the Tribal Court shall issue an order either granting
or denying recognition and entitlement to enforcement of the foreign
judgment.
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.