Proposed Rule

(May 22, 2002 Amendment)

A) Recognition.  A judgment, decree, order, apprehension order, protection order, warrant, subpoena, record, or other judicial act of a tribal court of a federally-recognized Indian tribe, a defined in 25 U.S.C. § 450b(e),¹ is presumed valid and enforceable and shall be given full faith and credit by the courts of the State of Minnesota.  To overcome the presumption, an objecting party must demonstrate that:

1) the tribal court lacked personal or subject matter jurisdiction; or

2) the order or judgment was obtained by fraud, duress, or coercion; or

3) the order or judgment was not obtained through a process that afforded fair notice and a fair hearing; or

4) the order or judgment is not final under the laws and procedures of the rendering court, unless the order is a non-criminal order for the protection or apprehension of an adult, juvenile or child, or another type of temporary, emergency order; or

5) the Tribal Court does not reciprocally provide for the recognition and implementation or orders, judgments and decrees of the courts of the State of Minnesota.

B) Procedures.

1) Money judgments. Money judgments filed for full faith and credit under this rule are subject to the notice of filing, staye of enforcement, and fee provisions contained in Minn. Stat. § 548.26 to § 548.33.  Other judgments or judicial acts are subjecto to those provisions unless alternate procedures are available under this Rule.

2) Emergency orders.

a) Any order for protection issued by any Tribal jurisdiction, consistent with the Violence Against Women Act of 1994, shall be accorded full faith and credit by the Courts of Minnesota pursuant to the provisions contained in the Violence Against Women Act, Pub. L. No. 103-322 (codified at 18 U.S.C. § 2265).

b) Non-criminal tribal court orders for the protection or apprehension of an adult, juvenile or child, and other emergency orders may be granted full faith and credit under the following conditions and shall not be subject to the provisions of Minn. Stats. § 548.26 to § 548.33:

i) to obtain full faith and credit for such orders, the tribal court administrator or clerk shall file such orders with the court administrator of any county; and

ii) the court administrator of any county shall stamp the orders as filed in the district court and then forward the file-stamped order to the local law enforcement agencies, and to the tribal court administrator.

c) Once a non-criminal tribal court order for the protection or apprehension of an adult, juvenile or child, or other emergency order is stamped as filed in a district court, it shall be enforced the same manner as an order issued by a Minnesota court.

d) For the sole purposes of this subsection, filing by facsimile shall be permitted.

C) Exceptions.

1) Federal Law.  If federal law, including but not limited to the following Acts, requires than an order or judgment of a tribal court shall be given full faith and credit, then federal law and not this Rule shall govern the manner in which full faith and credit is given: the Indian Child Welfare Act (25 U.S.C. § 1901-1963); the Violence Against Women Act (18 U.S.C. §2265); and the Full Faith and Credit for Child Support Orders Act (28 U.S.C. §1738B).  If federal law does not specify the procedures by which full faith and credit shall be given, then the procedures established by this Rule shall apply.

2) Criminal Orders.  This Rule shall not affect the criminal orders issued by the Red Lake Band of Chippewa.  Neither shall it affect the criminal orders issued by the Bois Forte Band of the Minnesota Chippewa Tribe or other Tribes or Bands exercising criminal jurisdiction consistent with applicable federal law.  Additionally, this Rule shall not affect the co-operative practices voluntarily established among Tribal jurisdictions and the State our counties thereof for the enforcement of criminal orders.

¹ The 25 U.S.C. § 450b(e) [federal] definition of an Indian tribe is codified in the following Minnesota Statutes:

M.S.A. § 626.93 Minnesota Statutes Annotated Criminal Procedure Chapter 626.  Training; investigation; apprehension; reports tribal peace officers 626.93 Law enforcement authority; tribal peace officers;

M.S.A. § 254A.02 Minnesota Statutes Annotated Public Welfare and related activites Chapter 254A.  Treatment for alcohol and drug abuse 254A.01. Definitions;

M.S.A. § 518D.102 Minnesota Statutes Annotated Domestic Relations Chapter 518D.  Uniform Child Custody Jurisdiction and Enforcement Act General Provisions 518D.104.  Application to Indian Tribes;

M.S.A. § 260.755 Minnesota Statutes Annotated Public Welfare and Related Activities Chapter 260.  Juveniles Minnesota Indian Family Preservation Act 260.755.  Definitions;

M.S.A. § 462A.03 Minnesota Statutes Annotated Local Government Police Powers Chapter 462A.  Housing Finance Agency 462A.03.  Definitions.

M.S.A. § 260B.007 Minnesota Statutes Annotated Public Welfare and Related Activities Chpater 260B.  Delinquency General Provisions 260B.007 Definitions;

M.S.A. § 268.0111 Minnesota Statutes Annotated Economic Security Chapter 268.  Department of Economic Security 268.035.  Definitions.