Rule 30 - Standard for Recognition of Judicial Proceedings in Tribal Faith and CreditA. Standards (1) "Tribal Court" means any court or constitutionally established tribunal of any federally recognized Indian nation, tribe, pueblo, band, or Alaska Native village, duly established under federal law or tribal law, including Courts of Indian Offenses organized pursuant to Title 25, Part 11 of the Code of Federal Regulations.(2) "Judicial Officer" means any judge, justice, magistrate or other officer duly seated and authorized under federal or tribal law to resolve disputes and enter tribal judgments in a tribal court.(3) "Tribal Judgment" means any final written judgment, decree or order of a tribal court duly signed by a judicial officer and filed in a Tribal Court.B. Recognition of Tribal Judgments-Full Faith and Credit The district courts of the State of Oklahoma shall grant full faith and credit and cause to be enforced any tribal judgment where the tribal court that issued the judgment grants reciprocity to judgments of the courts of the State of Oklahoma, provided, a tribal court judgment shall receive no greater effect or full faith and credit under this rule than would a similar or comparable judgment of a sister state.
C. Listing of Tribal Courts Granting Reciprocity A list of the tribal courts that grant full faith and credit to the courts of the State of Oklahoma shall be maintained by the Administrative Office of the Courts. Any tribal court may provide the Administrative Office of the Courts a copy of the tribal ordinance, statute, court rule or other evidence that demonstrates that the tribal court grants reciprocity to the courts of the State of Oklahoma.
D. Filing of Tribal Judgments A copy of any tribal judgment authenticated in accordance with the applicable act of Congress or of the statutes of this state or the law of the tribe may be filed in the office of the district court clerk of any county of this state. The district court clerk shall treat the tribal judgment in the same manner as a judgment of the district court of any county of this state which may be enforced or satisfied in like manner.
E. Notice of Filing (1) At the time of the filing of the tribal judgment with the district court clerk, the party filing the judgment or that party's attorney shall make and file with the district court clerk an affidavit setting forth the name and last-known address of all parties in the action, including the name and last-known address of any party's attorney.(2) Promptly upon the filing of the tribal judgment and the affidavit, the district court clerk shall mail notice of the filing of the tribal court judgment to the party against whom the judgment was rendered at the address given and shall make a note of the mailing in the docket. The notice shall include the name and address of the party filing the judgment, and that party's attorney, if any. In addition, the party filing the judgment shall mail a notice of the filing of the judgment to the party against whom judgment was rendered and shall file an affidavit proving the mailing of the notice with the district court clerk within ten (10) days of the date that the tribal judgment was filed with the district court clerk. Failure of the district court clerk to mail the notice of filing of the judgment shall not affect the enforcement proceedings if an affidavit proving the mailing of the notice has been filed by the party filing the judgment.(3) No execution or other process for enforcement of a tribal court judgment filed hereunder shall issue until the affidavit proving the mailing of the notice has been filed with the district court clerk, and twenty (20) days have expired from the date the judgment was filed in the district court.Okla. Stat. tit. 12, § 30
Adopted by order of 5/26/1994. Amended by order of 7/25/1994.