(1)
The Tribal Court shall not recognize or enforce any foreign judgment unless the proponent of the foreign judgment:
(a)
Complies with the procedure set forth in this Section;
(b)
Submits proof that the person against whom the foreign judgment has been rendered is subject to the jurisdiction of the Tribal Court;
(c)
Submits proof that the foreign judgment is based on valid subject matter and personal jurisdiction;
(d)
Submits proof that an attempt was made to enforce the judgment in the jurisdiction in which the foreign judgment was rendered and that such attempt was unsuccessful; or good cause is shown why an attempt at enforcement of the foreign judgment in that jurisdiction would be futile; and
(e)
Submits proof that the foreign judgment is final and that no appeal therefrom is allowed.
(2)
The Tribal Court shall not recognize or enforce a foreign judgment when to do so would require the Tribe to waive its immunity from suit except when the Tribe is to be served as a garnishee for the wages or property of a judgment debtor, in which case the requirements for garnishment that are set out in this Chapter shall be followed.
(3)
The Tribal Court need not recognize a foreign judgment if:
(a)
The defendant in the proceedings in the foreign court did not receive notice of said proceedings in sufficient time to allow him or her to defend;
(b)
The foreign judgment decree or order violated the Indian Civil Rights Act of 1968, 25 U.S.C. § 1301-1341, or any state or federal constitution;
(c)
The foreign judgment was obtained by fraud;
(d)
The foreign judgment would serve to violate any federal law, tribal law, custom or tradition, or the Treaty between the Port Gamble S’Klallam Tribe and the federal government;
(e)
The cause of action on which the judgment is based is contrary to the general welfare of the Tribe or its members; or
(f)
The government from which the foreign judgment is issued does not provide reciprocal full faith and credit or comity to the orders, decrees and judgments of the Tribal Court.
(Res. 09-A-128, 12/8/2009)