RULE 82 .5
TRIBAL COURT JURISDICTION
(a) Indian Tribal Court; Exclusive Jurisdiction. Where an action is
brought in the superior court of any county of this state, and where, under
the Laws of the United States, exclusive jurisdiction over the matter in
controversy has been granted or reserved to an Indian tribal court of a
federally recognized Indian tribe, the superior court shall, upon motion of
a party or upon its own motion, dismiss such action pursuant to CR
12(b)(1), unless transfer is required under federal law.
(b) Indian Tribal Court; Concurrent Jurisdiction. Where an action is
brought in the superior court of any county of this state, and where, under
the Laws of the United States, concurrent jurisdiction over the matter in
controversy has been granted or reserved to an Indian tribal court of a
federally recognized Indian tribe, the superior court may, if the interests
of justice require, cause such action to be transferred to the appropriate
Indian tribal court. In making such determination, the superior court shall
consider, among other things, the nature of the action, the interests and
identities of the parties, the convenience of the parties and witnesses,
whether state or tribal law will apply to the matter in controversy, and
the remedy available in such Indian tribal court.
(c) Enforcement of Indian Tribal Court Orders, Judgments or Decrees.
The superior courts of the State of Washington shall recognize, implement
and enforce the orders, judgments and decrees of Indian tribal courts in
matters in which either the exclusive or concurrent jurisdiction has been
granted or reserved to an Indian tribal court of a federally recognized
tribe under the Laws of the United States, unless the superior court finds
the tribal court that rendered the order, judgment or decree (1) lacked
jurisdiction over a party or the subject matter, (2) denied due process as
provided by the Indian Civil Rights Act of 1968, or (3) does not
reciprocally provide for recognition and implementation of orders,
judgments and decrees of the superior courts of the State of Washington.
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