Section TCT.05.22 — Recognition And Enforcement Of Foreign Judgments

(a) The Stockbridge-Munsee Tribal Court shall not recognize and enforce any foreign judgment unless the proponent of the foreign judgment;

(1) Complies with the procedure set forth in Section TCT.05.23 of this Code:

(2) Submits proof that the person against whom the foreign judgment has been rendered is subject to the jurisdiction of the Stockbridge-Munsee Tribal Court;

(3) Submits proof that the foreign judgment is based on valid subject matter jurisdiction;

(4) Submits proof that an attempt was made to enforce the judgment in the jurisdiction which the foreign judgment was rendered and that such attempt was unsuccessful; or good cause why an attempt at enforcement of the foreign judgment in the jurisdiction in which the foreign judgment was rendered would be futile;

(5) Submits proof that the foreign judgment is final and that no appeal therefrom is pending; and

(6) Submits proof that the government from which the foreign judgment is issued provides reciprocal full faith and credit to the order, decrees and judgments of the Stockbridge-Munsee Tribe.

(b) The Stockbridge-Munsee Tribal Court shall not recognize or enforce a foreign judgment when to do so would require the Tribe to waive its immunity from suit, except when the Tribe is served as a garnishee for the wages or property of an employee, in which case the requirements set out in Section TCT.05.17 of this Code shall be adhered to.

(1) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to allow him to defend;

(2) The foreign judgment decree or order violated the Indian Civil Rights Act of 1968, 25 U.S.C. 1301-1341;

(3) The foreign judgment was obtained by fraud;

(4) The foreign judgment would serve to violate any federal law, tribal law, custom or tradition, or the Treaty of 1856 between the Stockbridge-Munsee Tribe and the federal government; or

(5) The cause of action on which the judgment is based is contrary to the general welfare of the Stockbridge-Munsee Tribe or its members.