Tribal Court Orders and Judgments

Rule 10.01 Recognition Governed by Statute or Regulations. The courts of this state shall follow applicable state and federal statutes, regulations, and rules that either mandate or provide procedures for recognition and enforcement of orders, judgments, and other judicial acts of the tribal courts of any federally recognized Indian tribe. Applicable statutes include but are not limited to: (1) Violence Against Women Act, United States Code, title 18, section 2265; (2) Indian Child Welfare Act, United States Code, title 25, section 1911; (3) National Indian Forest Resources Management Act, United States Code, title 25, section 3106; (4) American Indian Agricultural Resources Management Act, United States Code, title 25, section 3713; (5) Full Faith and Credit for Child Support Orders Act, United States Code, title 28, section 1738B; (6) Minnesota Indian Family Preservation Act, Minnesota Statutes, section 260.771; (7) Uniform Interstate Family Support Act, Minnesota Statutes, sections 518C.101 to 518C.905; (8) Uniform Custody Jurisdiction and Enforcement Act, Minnesota Statutes, section 518D.104; (9) Minnesota Uniform Foreign-Country Money Judgments Recognition Act, Minnesota Statutes, sections 548.54 to 548.63. (Amended effective September 1, 2018.) Rule 10.02 Enforcement of Civil Commitment Orders. The enforcement of orders for civil commitment issued by tribal courts is governed by Minnesota Statutes, section 253B.212. The district court may enter an order enforcing a tribal court order in accordance with this rule. (a) Civil commitment orders entered by the tribal courts of the Red Lake Band of Chippewa Indians and the White Earth Band of Ojibwe Indians shall be enforced in accordance with Minnesota Statutes, section 253B.212, subdivision 1 or 1a

ribal courts is governed by Minnesota Statutes, section 253B.212. The district court may enter an order enforcing a tribal court order in accordance with this rule. (a) Civil commitment orders entered by the tribal courts of the Red Lake Band of Chippewa Indians and the White Earth Band of Ojibwe Indians shall be enforced in accordance with Minnesota Statutes, section 253B.212, subdivision 1 or 1a. (b) Civil commitment orders entered by the tribal courts that are subject to a contract for the care and treatment between a tribe (or the Indian Health Service of the United States Department of Health and Human Services for the benefit of members of a tribe) and the commissioner of human services shall be enforced in accordance with Minnesota Statutes, section 253B.212, subdivision 1b. (c) For all other civil commitment orders entered by a tribal court, or in any case where directed by the court, the party seeking to enforce the order must proceed by petition to the Minnesota District Court under Rule 10.03, and in addition must serve a copy of that petition on each of the parties to the tribal court proceedings as well as the Minnesota Commissioner of Human Services and the director of the facility where the person is proposed to be committed. The court may determine when a response to that petition is due and whether a hearing is required or permitted if requested, but shall not hear the matter without notice to all other interested parties except as allowed under Rule 3 of these Rules. (Amended effective September 1, 2018.) Rule 10.03 Enforceability of Other Tribal Court Orders and Judgments. (a) Applicability. Rule 10.03 applies to tribal court orders and judgments that are not subject to Rules 10.01 or 10.02(a) or (b). (b) Procedure. A party seeking enforcement of an order or judgment of the tribal court of any federally recognized Indian tribe that is not governed by Rules 10.01 or 10.02 shall proceed by petition, or in a pending action by motion

r Tribal Court Orders and Judgments. (a) Applicability. Rule 10.03 applies to tribal court orders and judgments that are not subject to Rules 10.01 or 10.02(a) or (b). (b) Procedure. A party seeking enforcement of an order or judgment of the tribal court of any federally recognized Indian tribe that is not governed by Rules 10.01 or 10.02 shall proceed by petition, or in a pending action by motion. That party must serve a copy of the petition or motion on each of the parties to the tribal court proceeding in which the judgment or order was entered. The court may determine how soon after service of the petition any response is due. The court may determine whether to hold a hearing on the petition. The court shall not determine the matter without notice to all other interested parties except as allowed under Rule 3 of these rules. (c) Enforceability and Exceptions. Courts of this state shall recognize and enforce an order or judgment of a tribal court of record of a federally recognized Indian tribe, unless a party subject to the order or judgment demonstrates any of the following: (1) the order or judgment is invalid on its face or no longer remains in effect; (2) the tribal court lacked personal or subject-matter jurisdiction; (3) the affected party was not afforded due process rights; (4) the order or judgment was obtained by fraud, duress, or coercion; or (5) the tribal court does not reciprocally recognize and enforce orders, judgments and decrees of the courts of this state. (Added effective January 1, 2004; amended effective September 1, 2018.)