This text of Wyoming § 5-1-111 (Full faith and credit for tribal acts and
records) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The judicial records, orders and judgments of the
courts of the Eastern Shoshone and Northern Arapaho Tribes of
the Wind River Indian Reservation shall have the same full faith
and credit in the courts of this state as do the judicial
records, orders and judgments of any other governmental entity,
unless at least one (1) of the following conditions is shown not
to be met:
(i)The tribal documents meet the authentication
requirements of subsection (b) of this section;
(ii)The court is a court of record;
(iii)The court judgment is a valid judgment; and
(iv)The court certifies that it grants full faith
and credit to the judicial records, orders and judgments of the
courts of this state.
(b)To qualify for admission as evidence in the courts of
this state:
(i)Copies of acts of a tribal
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(a) The judicial records, orders and judgments of the
courts of the Eastern Shoshone and Northern Arapaho Tribes of
the Wind River Indian Reservation shall have the same full faith
and credit in the courts of this state as do the judicial
records, orders and judgments of any other governmental entity,
unless at least one (1) of the following conditions is shown not
to be met:
(i) The tribal documents meet the authentication
requirements of subsection (b) of this section;
(ii) The court is a court of record;
(iii) The court judgment is a valid judgment; and
(iv) The court certifies that it grants full faith
and credit to the judicial records, orders and judgments of the
courts of this state.
(b) To qualify for admission as evidence in the courts of
this state:
(i) Copies of acts of a tribal legislative body shall
be authenticated in accordance with the laws of the tribes and
attested to by the appropriate tribal secretary;
(ii) Copies of records, orders and judgments of a
tribal court shall be authenticated by the attestation of the
clerk of the court. The seal, if any, of the court shall be
affixed to the attestation.
(c) In determining whether a tribal court is a court of
record, the Wyoming court shall determine that:
(i) The court keeps a permanent record of its
proceedings;
(ii) Either a transcript or an electronic recording
of the proceeding at issue in the court is available;
(iii) Final judgments of the tribal court are
reviewable by a tribal appellate court; and
(iv) The court has authority to enforce its own
orders through contempt proceedings.
(d) In determining whether a tribal court judgment is a
valid judgment, the Wyoming court on the motion of a party may
examine the tribal court record to assure that:
(i) The court had jurisdiction of the subject matter
and over the person named in the judgment;
(ii) The judgment is final under the laws of the
rendering court;
(iii) The judgment was procured without fraud, duress
or coercion;
(iv) The judgment was procured in compliance with
procedures required by the rendering court; and
(v) The proceedings of the court comply with the
Indian Civil Rights Act of 1968 under 25 U.S.C. §§ 1301 to 1341.
(e) No lien or attachment based on a tribal court judgment
may be filed, docketed or recorded in this state against the
real or personal property of any person unless the judgment has
been filed following the procedures set forth in W.S. 1-17-701
et seq.
(f) This section shall not apply to the Tribal Water Code
nor any official documents, public acts, records or proceedings
of the Eastern Shoshone and Northern Arapaho Tribes related to
water rights or the administration of water laws.
(g) Nothing in this section shall be deemed or construed
to expand or limit the jurisdiction either of the state of
Wyoming or the Eastern Shoshone or Northern Arapaho Tribes.