Rule 5.4. Registration of Tribal Court Orders Under the Comity Doctrine

(a) Applicability. This rule applies to tribal court orders

of federally recognized tribes in divorce, dissolution, custody,

paternity, minor name change, and adult name change cases.

This rule does not apply when a state or federal law provides

different procedures for recognition, including, for example,

protection orders under the Violence Against Women Act,

tribal child support orders under the Uniform Interstate Family

Support Act, and child protection orders subject to CINA

Rules 24 and 25.

(b) Procedure for Filing Tribal Court Order. An

Indian tribe, tribal organization, or any person may request to

register a tribal court order identified in subsection (a) by filing

the following documents in superior court:

(1) a letter, motion, petition, or other document

requesting that the superior court register and confirm the

tribal court’s order;

(2) a copy of the tribal court order to be registered;

(3) a statement, made under penalty of perjury, that the

tribal court order has not been vacated, stayed, or modified,

and whether the tribal court order has been registered in Alaska

or any other jurisdiction; and

(4) contact information including the last known address,

phone number, and email address of

(A) the tribal court that issued the order,

(B) each party in the tribal court case, and

(C) the person seeking registration.

(c) Service.

(1) The court must serve a copy of the following

documents on the tribal court and all people named in

paragraph (b)(4) by first class mail:

(A) the documents filed under subsection (b); and

(B) the Notice of Registration Request described in

subsection (d).

(2) The registering party may give additional notice

using any method of service allowed by Civil Rule 4. The

registering party must retain the proof of service and not file it

with the court unless it is needed in future proceedings.

(3) The time period within which a non-registering party

may request a hearing begins on the date the court mails the

notice.

t described in

subsection (d).

(2) The registering party may give additional notice

using any method of service allowed by Civil Rule 4. The

registering party must retain the proof of service and not file it

with the court unless it is needed in future proceedings.

(3) The time period within which a non-registering party

may request a hearing begins on the date the court mails the

notice.

(d) Contents of the Notice of Registration Request.

The Notice of Registration Request required in subparagraph

(c)(1)(C) must state the following:

(1) a registered tribal court order is enforceable as if it

was issued by the state superior court;

(2) a party who wants to object to registering the tribal

court order must file a request for a hearing within 20 days

after being served the Notice of Registration Request; and

(3) if no party objects to registering the order, the

superior court may register it, and the parties may not have

another chance to argue against registering it.

(e) Request

for

Hearing

on

Confirmation

of

Registration. A person or entity that wants to object to the

registration of a tribal court order must file a request for a

hearing with the registering state superior court within 20 days

after being served the notice.

(f) Confirmation of Registration.

(1) After a hearing, or expiration of the 20-day period for

requesting a hearing, the superior court must confirm

registration of the tribal court order under the comity doctrine

unless the superior court determines that:

(A) the person or entity requesting the registration did not

follow subsections (a) through (d) of this rule;

(B) the tribal court did not have jurisdiction over the

parties or the proceeding in which the tribal court order was

entered;

(C) the tribal court order being registered has been

vacated, stayed, or modified by a court having jurisdiction to

do so;

(D) the person or entity objecting to registration was

entitled to notice but was not given reasonable notice before

the tribal court made its

B) the tribal court did not have jurisdiction over the

parties or the proceeding in which the tribal court order was

entered;

(C) the tribal court order being registered has been

vacated, stayed, or modified by a court having jurisdiction to

do so;

(D) the person or entity objecting to registration was

entitled to notice but was not given reasonable notice before

the tribal court made its decision, or, if notice was given, the

person objecting to registration was not given an opportunity

to be heard before the tribal court made its decision; or

(E) comity recognition would be against the public policy

of the State of Alaska.

(2) When

determining

whether

to

grant

comity

recognition to the tribal court order, the superior court must

(A) enter a written order, including findings of fact and

conclusions of law, confirming or denying registration of the

tribal court order, and

(B) distribute the order to the person or entity requesting

registration, the tribal court, and all persons listed in paragraph

(b)(4).

(g) Recognition and Enforcement of Registered

Orders. Alaska courts recognize and enforce tribal court

orders registered in accordance with this rule. A court of this

state may grant any relief available under the law of this state

to enforce a registered tribal court order.

Note to Civil Rule 5.4: In John v. Baker, 982 P.2d 738

(Alaska 1999), the Alaska Supreme Court held that tribal court

orders should be given comity recognition as a general rule.

Recognition should be denied only if the tribal court lacked

personal or subject matter jurisdiction, a party was denied due

process (although differences in tribal court processes should

be respected), or the order is against the public policy of the

State of Alaska.