Nottawaseppi Huron Band of the Potawatomi, MI Chapter 8.2 Implementing Procedures for Recognition and Enforcement of Foreign Judgments

[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.

§ 8.2-1 Validity of judgments issued by foreign courts; objections to judgments.

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

(2) The judgment, decree, warrant, subpoena, record or other judicial act was obtained:

(a) By fraud, duress or coercion;

(b) Without reasonable notice or a fair hearing;

(c) Is repugnant to tribal policy;

(d) Is not final under the laws and procedure of the foreign court.

B. The recognition process shall proceed as follows.

§ 8.2-2 Application for registration.

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.

§ 8.2-3 Notice of registration of foreign judgment.

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.

§ 8.2-4 Entry of order absent objections.

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.

§ 8.2-5 Objections; hearing; entry of order.

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.

§ 8.2-6 Execution of order.

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.

§ 8.2-7 Determinations by Tribal Council.

[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.