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Rule 5. Recognition of Tribal Judgments

Arizona Revised Statutes AnnotatedRules of Procedure for the Recognition of Tribal Court Civil Judgments

Arizona Revised Statutes Annotated
Rules of Procedure for the Recognition of Tribal Court Civil Judgments (Refs & Annos)
17C A.R.S. Tribal Ct. Civ. Judgment Rules, Rule 5
Rule 5. Recognition of Tribal Judgments
(a) Enforcement of Tribal Judgment. A tribal judgment, unless objected to in accordance with Rule 4, shall be recognized and enforced by the courts of this state to the same extent and shall have the same effect as any judgment, order, or decree of a court of this state.
(b) Entry of Order. If no objections are timely filed, the tribal judgment shall be enforceable in the same manner as if issued by the superior court.
(c) Mandatory Considerations Following Objection. A tribal judgment shall not be recognized and enforced if the objecting party demonstrates to the court at least one of the following:
1. The trial court did not have personal or subject matter jurisdiction.
2. The defendant was not afforded due process.
(d) Discretionary Considerations Following Objection. The superior court may, in its discretion, recognize and enforce or decline to recognize and enforce a tribal judgment on equitable grounds, including:
1. The tribal judgment was obtained by extrinsic fraud.
2. The tribal judgment conflicts with another final judgment that is entitled to recognition.
3. The tribal judgment is inconsistent with the parties' contractual choice of forum.
4. Recognition of the tribal judgment or the cause of action upon which it is based is against fundamental public policy of the United States or the State of Arizona.

Credits

Added May 31, 2000, eff. Dec. 1, 2000. Amended Aug. 27, 2015, effective Jan. 1, 2016.
17C A. R. S. Tribal Ct. Civ. Judgment Rules, Rule 5, AZ ST TRIBAL CT CIV JUDGMENTS Rule 5
State Court Rules are current with amendments received and effective through 5/15/22. The Code of Judicial Administration is current with amendments received through 5/15/22.
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