[History: Limited Personal Jurisdiction Act, adopted by Tribal Council on May 13, 1998. As amended by Tribal Council in Special Session 10-26-2022.]
(a) 
The purpose of this statute is to establish personal jurisdiction of the Tribal Court. Personal jurisdiction refers to the power of a court to determine the rights and liabilities of a person or entity. The exercise of personal jurisdiction must comport with the Due Process Clause in Article X, section 1(h) of the Grand Traverse Band Constitution.
(b) 
This ordinance is enacted by the Tribal Council pursuant to its powers under Article IV, section 1, subsections: (a) to promote and protect the health, education, and general welfare of the Band and its members; (b) to safeguard and promote the peace and safety of the Band and its members; (c) to make, enforce, and implement all laws; and (f) to provide for the maintenance of law and order and administration of justice.
[History: Limited Personal Jurisdiction Act, adopted by Tribal Council on May 13, 1998. As amended by Tribal Council in Special Session 10-26-2022.]
(a) 
"Indian Country," as used in this chapter "means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same." 18 U.S.C. § 1151.
Comment: Section 1151 is a criminal statute, but the Supreme Court has found that it "generally applies as well to questions of civil jurisdiction." DeCoteau v. District County Court, 420 U.S. 425, 427 n.2 (1975).
(b) 
“Person” means an individual, that person’s executor, administrator, or other personal representative, or a corporation, partnership, association, or any other legal or commercial entity, whether or not a citizen or domiciliary of the Grand Traverse Band of Ottawa and Chippewa Indians and whether or not organized under the laws of the Grand Traverse Band.
(c) 
“Transaction of business” means the doing of any act for the purpose of realizing pecuniary benefit or accomplishing or attempting to accomplish, transact or enhance the business purpose or objective or any part thereof of such person, firm, company, association or corporation.
[History: Limited Personal Jurisdiction Act, adopted by Tribal Council on May 13, 1998. As amended by Tribal Council in Special Session 10-26-2022]
(a) 
Generally. As a court of general jurisdiction, the Tribal Court's power extends over all cases arising under the Constitution, ordinances, regulations, or judicial decisions of the Grand Traverse Band.
(b) 
Subject Matter Jurisdiction. A court exercising the judicial power of the Grand Traverse Band may entertain a civil action only when it has subject matter jurisdiction.
(c) 
Personal Jurisdiction. A court of the Grand Traverse Band having subject matter jurisdiction may render a judgment only if: (1) a summons issued by the court is served upon the person or (2) service of the summons is waived or dispensed. The voluntary appearance of the defendant is equivalent to personal service on the defendant of a copy of the summons and complaint.
(d) 
Jurisdiction in Rem or Quasi in Rem. The Tribal Court having jurisdiction of the subject matter may exercise jurisdiction in rem or quasi in rem on the grounds stated in this section. Jurisdiction in rem or quasi in rem may be involved:
(1) 
When the subject of the action is real or personal property located on Grand Traverse Band Indian trust lands and the defendant has or claims any lien or interest therein, or the relief demanded consists wholly or partially in excluding the defendant from any interest or lien therein. This subsection shall apply whether any such defendant is known or unknown.
(2) 
When the action is to foreclose, redeem from or satisfy a leasehold deed of trust, mortgage or lien upon real or personal property located on Grand Traverse Band trust lands.
(3) 
When the action is for a divorce or annulment of marriage of an enrolled member or a spouse of an enrolled member, either of whom is a resident of Grand Traverse Band trust lands at the date of separation and both spouses resided on Grand Traverse Band trust lands prior to separation.
(4) 
In any other action in which in rem or quasi in rem jurisdiction may be lawfully exercised under Tribal law or federal law applicable to Federal Indian Tribes. Such jurisdiction shall not be exercised over any subject matter which would be inconsistent with federal prohibition against alienation (25 U.S.C. 177) or any other federal law restricting the use or conveyance of Indian lands, property or legal rights.
[History: Limited Personal Jurisdiction Act, adopted by Tribal Council on May 13, 1998. As amended by Tribal Council in Special Session 10-26-2022]
(a) 
The Tribal Court shall have personal jurisdiction over all persons, and all causes of action or claims for relief, to the maximum extent consistent with the due process clause of Article X, section 1(h) of the GTB Constitution.
(b) 
General Personal Jurisdiction. A Tribal Court has jurisdiction in any action arising on or off the lands of the Grand Traverse Band against a defendant who:
(1) 
Is a natural person present on GTB lands when served;
(2) 
Is a natural person domiciled or resident on GTB lands when the cause of action arose, the action was commenced, or process was served;
(3) 
Is a corporation organized under GTB law;
(4) 
Is engaged in substantial and not isolated activities on GTB lands, whether such activities are wholly interstate, intrastate or otherwise; or
(5) 
Is a Grand Traverse Band Tribal member.
(c) 
Specific Personal Jurisdiction. The Tribal Court has jurisdiction over a person served in conformance to the GTB Rules of Civil Procedure for any action:
(1) 
Arising out of the transaction of any business on GTB lands.
(2) 
Brought under a law that specifically confers personal jurisdiction over the defendant.
(3) 
Claiming injury to person or property arose out of an act or omission on GTB lands by the defendant, regardless of the location of the injury or its discovery.
(4) 
Claiming injury to person or property on GTB lands arising out of an act or omission outside GTB lands by the defendant, provided that at the time of the injury, either:
(A) 
Solicitation or service activities were engaged in on GTB lands by or on behalf of the defendant; or
(B) 
Products, materials or things processed, serviced, manufactured, or distributed by the defendant were used or consumed on GTB lands in the ordinary course of trade.
(5) 
Arising out of:
(A) 
A promise made anywhere to the plaintiff or to a third party for the plaintiff's benefit by the defendant to perform services or to pay for services to be performed on GTB lands by the plaintiff; or
(B) 
Services performed for the plaintiff by the defendant on GTB lands, or services performed for the defendant by the plaintiff on GTB lands if such performance on GTB lands was authorized or ratified by the defendant; or
(C) 
A promise made anywhere to the plaintiff or to some third party for the plaintiff's benefit by the defendant to deliver or receive on, or to ship from, GTB lands goods, materials, or other things of value; or
(6) 
Relating to goods, documents of title, or other things of value:
(A) 
Shipped from GTB lands by the plaintiff to the defendant on the defendant's order or direction; or
(B) 
Received by the plaintiff on GTB lands from the defendant without regard to where delivery to carrier occurred.
(7) 
Arising out of:
(A) 
A promise made anywhere to the plaintiff or to some third party for the plaintiff's benefit by the defendant to create in either party an interest in, or protect, acquire, dispose of, use, rent, own, control or possess by either party real property situated on GTB lands; or
(B) 
A claim to recover any benefit derived by the defendant through the use, ownership, control or possession by the defendant of tangible property situated on GTB lands either at the time of the first use, ownership, control or possession or at the time the action is commenced; or
(C) 
A claim that the defendant returns, restores, or accounts to the plaintiff for any asset or thing of value, which was on GTB lands at the time the defendant acquired possession or control over it.
(8) 
To recover a deficiency judgment upon a mortgage note or conditional sales contract or other security agreement executed by the defendant or predecessor to whose obligation the defendant has succeeded and the deficiency is claimed either:
(A) 
In any action in a GTB Tribal Court to foreclose upon real property situated on GTB lands; or
(B) 
Following sale of real property on GTB lands by the plaintiff; or
(C) 
Following resale of tangible property on GTB lands by the plaintiff.
(9) 
Arising out of:
(A) 
A contract to insure any person, property, or risk located on GTB lands at the time of contracting; or
(B) 
An obligation or a promise made anywhere by the defendant to insure upon or against the happening of an event where either (A) the person insured was an enrolled Tribal member when the event out of which the cause of action is claimed to arise occurred; or (B) the event out of which the cause of action is claimed to arise occurred on GTB lands, regardless of the location of the interest insured.
(10) 
Arising out of the ownership, possession, or control of any asset or thing of value located on GTB lands when ownership, possession, or control was acquired.
(11) 
Arising out of the performance of duties as a director or officer of a corporation organized under Tribal law or having its principal place of business on GTB lands.
(12) 
Arising out of the solicitation, pursuit, denial, or receipt of a service or benefit that is administered or offered by or on behalf of GTB.
(d) 
The jurisdictional grounds in (c)(1)-(12) are cumulative, nonexclusive, and in addition to any common law grounds for personal jurisdiction.
(e) 
Joinder of Claims in Same Action. In any action brought under the jurisdictional grounds stated in (c)(1)-(12), there cannot be joined in the same action any other claim or cause against the defendant unless grounds exist under this section for personal jurisdiction over the defendant as to the claim or cause to be joined.
[History: Limited Personal Jurisdiction Act, adopted by Tribal Council on May 13, 1998. As amended by Tribal Council in Special Session 10-26-2022]
If a court of competent jurisdiction holds invalid or unconstitutional any section, paragraph, sentence or other portion of this ordinance, such portion shall not affect the validity of the remaining portions of this ordinance.