1-1-25. When order or judgment of tribal court may be recognized in state courts.

248 words·~1 min read·/sd/title-1/chapter-1-1/1-1-25

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

No order or judgment of a tribal court in the State of South Dakota may be recognized as a matter of comity in the state courts of South Dakota, except under the following terms and conditions:

(1)Before a state court may consider recognizing a tribal court order or judgment the party seeking recognition shall establish by clear and convincing evidence that:

(a)The tribal court had jurisdiction over both the subject matter and the parties;

(b)The order or judgment was not fraudulently obtained;

(c)The order or judgment was obtained by a process that assures the requisites of an impartial administration of justice including but not limited to due notice and a hearing;

(d)The order or judgment complies with the laws, ordinances and regulations of the jurisdiction from which it was obtained; and

(e)The order or judgment does not contravene the public policy of the State of South Dakota.

(2)If a court is satisfied that all of the foregoing conditions exist, the court may recognize the tribal court order or judgment in any of the following circumstances:

(a)In any child custody or domestic relations case; or

(b)In any case in which the jurisdiction issuing the order or judgment also grants comity to orders and judgments of the South Dakota courts; or

(c)In other cases if exceptional circumstances warrant it; or

(d)Any order required or authorized to be recognized pursuant to 25 U.S.C., § 1911(d) or 25 U.S.C., § 1919.