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CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE
TITLE 2 - RULES OF PROCEDURE
CHAPTER 2-4 ENFORCEMENT OF CERTAIN JUDGMENTS OF COURTS OTHER
THAN THE TRIBAL COURT OF THE CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND
SIUSLAW INDIANS
2-4-0
FOREIGN JUDGMENTS
2-4-1
Recognition, Implement and Enforcement of Orders, Judgments and/or
Decrees Other than the Tribal Court
Recognition,
implementation and enforcement of orders, judgments and/or decrees from courts
other than the Tribal Court of the Confederated Tribes of Coos, Lower Umpqua and
Siuslaw Indians (Tribal Court) shall be allowed in accordance with this Code if
it has been registered with the Tribal Court by filing a certified copy of the
order, judgment and/or decree with the Tribal Court Clerk, paying any necessary
filing fee established by the Clerk and obtaining service on the judgment debtor
or nonprevailing party in accordance with the provisions of this Code.
2-4-2
Procedure
Any party to
such a foreign order, judgment and/or decree registered with the Tribal Court
may, within thirty (30) days of the service of such order, judgment and/or
decree upon the other party, apply for hearing on the order, judgment and/or
decree before the Tribal Court. Upon such application, the Tribal Court shall
hold a hearing to determine the validity of such order, judgment and/or decree
and shall consider issues raising by the other party including, but not limited
to, the jurisdiction of the foreign court and whether such order, judgment
and/or decree is contrary to laws, both written and customary, of the
Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians (Tribes).
2-4-3
Sovereign Immunity
The
provisions of this Code shall not be construed to waive the immunity of the
Tribes, its Tribal Council, its agencies, enterprises, chartered organizations,
corporations, or entities of any kind, and its officers, employees, agents,
contractors and attorneys, in the performance of their duties, shall be immune
from suit; except where the immunity of the Tribes or its officers and employees
is expressly, specifically and unequivocally, waived by and in a Tribes' tribal
or federal statute, a duly executed contract approved by the Tribal Council, or
a duly enacted ordinance or resolution of the Tribal Council.
APPENDIX A
LEGISLATIVE HISTORY AND EDITORIAL CHANGES
ENFORCEMENT OF CERTAIN JUDGMENTS OF COURTS
OTHER THAN THE TRIBAL COURT OF THE
CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS
The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians enacted the "Enforcement of Certain Judgments of Courts other than the Tribal Court of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians" Code, Resolution No. 02-008, Ordinance No. 035, in a regular Tribal Council meeting on January 13, 2002. Vote was 7 (for), 0 (against) and 0 (abstaining).