§ 1-1-25 — When order or judgment of tribal court may be recognized in state courts.

No order or judgment of a tribal court in the State of South Dakota may be recognized as a matter of comity in the state courts of South Dakota, except under the following terms and conditions: (1) Before a state court may consider recognizing a tribal court order or judgment the party seeking recognition shall establish by clear and convincing evidence that: (a) The tribal court had jurisdiction over both the subject matter and the parties; (b) The order or judgment was not fraudulently obtained; (c) The order or judgment was obtained by a process that assures the requisites of an impartial administration of justice including but not limited to due notice and a hearing; (d) The order or judgment complies with the laws, ordinances and regulations of the jurisdiction from which it was obtained; and (e) The order or judgment does not contravene the public policy of the State of South Dakota. (2) If a court is satisfied that all of the foregoing conditions exist, the court may recognize the tribal court order or judgment in any of the following circumstances: (a) In any child custody or domestic relations case; or (b) In any case in which the jurisdiction issuing the order or judgment also grants comity to orders and judgments of the South Dakota courts; or (c) In other cases if exceptional circumstances warrant it; or (d) Any order required or authorized to be recognized pursuant to 25 U.S.C., § 1911(d) or 25 U.S.C., § 1919.

Legislative History

SL 1986, ch 6, § 1.