# Alaska R. Civ. P. 5.4: Rule 5.4. Registration of Tribal Court Orders Under the Comity Doctrine

> Alaska · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5_4

## Section

- **Citation:** Alaska R. Civ. P. 5.4
- **Heading:** Rule 5.4. Registration of Tribal Court Orders Under the Comity Doctrine
- **Jurisdiction:** Alaska
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alaska Rules of Court / Alaska Rules of Civil Procedure / Alaska R. Civ. P. 5.4

## Text

(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.

## Nearby sections

- [Alaska R. Civ. P. 1 Rule 1. Scope of Rules—Construction](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R1.md)
- [Alaska R. Civ. P. 2 Rule 2. One Form of Action](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R2.md)
- [Alaska R. Civ. P. 3 Rule 3. Commencement of Action and Venue](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R3.md)
- [Alaska R. Civ. P. 4 Rule 4. Process](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R4.md)
- [Alaska R. Civ. P. 5 Rule 5. Service and Filing of Pleadings and Other Papers](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5.md)
- [Alaska R. Civ. P. 5.1 Rule 5.1. Filing and Service by Facsimile Transmission and Electronic Mail](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5_1.md)
- [Alaska R. Civ. P. 5.2 Rule 5.2. Foreign Orders and Judgments](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5_2.md)
- [Alaska R. Civ. P. 5.3 Rule 5.3. Electronic Distribution by the Court](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5_3.md)
- [Alaska R. Civ. P. 5.4 Rule 5.4. Registration of Tribal Court Orders Under the Comity Doctrine](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5_4.md)
- [Alaska R. Civ. P. 6 Rule 6. Time](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R6.md)
- [Alaska R. Civ. P. 7 Rule 7. Pleadings Allowed—Form of Motions](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R7.md)
- [Alaska R. Civ. P. 8 Rule 8. General Rules of Pleading](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R8.md)
- [Alaska R. Civ. P. 9 Rule 9. Pleading Special Matters](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R9.md)
- [Alaska R. Civ. P. 10 Rule 10. Form of Pleadings](https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R10.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_AK_CIV_R5_4. Check the current official text before relying on it. Not legal advice.