Sec. 6. A
judgment, decree, order, warrant,
subpoena, record, or other judicial act of a
tribal court that has taken the actions described in section 5 of this chapter is presumed to be valid. To overcome this presumption, a party asserting an objection must demonstrate that the:
(1) tribal court lacked personal or subject matter jurisdiction; or
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Terms Used In Indiana Code 34-39-5-6
- Fraud: Intentional deception resulting in injury to another.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Subpoena: A command to a witness to appear and give testimony.
- tribal court: refers to a tribal court established by the tribe. See Indiana Code 34-39-5-2
(A) was obtained by fraud, duress, or coercion;
(B) was obtained without a fair notice or hearing;
(C) is repugnant to the public policy of the state of Indiana; or
(D) is not final under the laws and procedures of the tribal court.
As added by P.L.201-2021, SEC.1.
