Indiana § 34-39-5-6 Presumption of validity

Indiana Statutes

§ 34-39-5-6 — Presumption of validity

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 39 EVIDENCE: COURT DECISIONS AND RECORDS·Ch. 5 Enforcement of Tribal Court Judgments

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

(2)judgment, decree, order, warrant, subpoena, record, or other judicial act of the tribal court:

(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.

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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
(2) judgment, decree, order, warrant, subpoena, record, or other
judicial act of the tribal court:
(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.

Indiana § 34-39-5-6 (Presumption of validity) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.