Proposed Rules Archives

• Proposed Changes to CR 82.5 - Tribal Court Jurisdiction (in Word Format)
• Comments Received for CR 82.5 - Tribal Court Jurisdiction

GR 9 COVER SHEET

Suggested Change to the

SUPERIOR COURT CIVIL RULES

Civil Rule (CR) 82.5 – Tribal Court Jurisdiction

Submitted by Tribal State Court Consortium

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A. Name of Proponent: Tribal State Court Consortium

B. Spokesperson: Justice Barbara Madsen

C. Purpose: To provide a mechanism for state courts and tribal courts to communicate with each other to address issues when parties have simultaneous proceedings occurring in state and tribal court. The rule will also provide a mechanism for communication on enforcement of judgments between state courts and tribal courts.

The reason for this rule is that there is no consistent process for communication between state courts and tribal courts to work through jurisdictional issues or address conflicting orders in simultaneous proceedings. This court rule gives a framework to allow both state and tribal courts an efficient process to resolve jurisdictional issues and conflicts in orders to get to the substance of the disputes.

CR 82.5(a)-(c) addresses tribal court exclusive jurisdiction, concurrent jurisdiction, and enforcement of tribal court orders, judgments, and decrees. This rule is the appropriate place to include the proposed communication rule as revised subsection (c) and new subsection (d).

D. Hearing: Not requested.

E. Expedited Consideration: Not requested.