4-2-9. WHEN ORDER OF JUDGMENT OF OTHER STATE, TRIBAL OR FOREIGN COURT MAY BE RECOGNIZED IN TRIBAL COURT.

No order or judgment of a state, tribal or foreign court may be recognized as a matter of comity in the Rosebud Sioux Tribal Court except under the following terms and conditions:

1. Before the Rosebud Sioux Tribal Court may consider recognizing a state, tribal or foreign court order or judgment , the party seeking recognition shall establish by clear and convincing evidence that:
   1. The court had jurisdiction over both the subject matter and the parties;
   2. The order or judgment was not fraudulently obtained;
   3. The order of 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;
   4. The order or judgment complies with the laws, ordinances and regulations of the jurisdiction from which it was obtained; and
   5. The order or judgment does not contravene the public policy of the Rosebud Sioux Tribe.
2. If a Court is satisfied that all of the foregoing conditions exist, the Court may recognize the court order or judgment in any of the following circumstances:
   1. In any child custody or domestic relations case;
   2. In any case in which the jurisdiction issuing the order or judgment also grants comity to orders and judgment of the Rosebud Sioux Tribal Courts;
   3. In other cases if exceptional circumstances warrant it; or
   4. Any order authorized to be recognized pursuant to 25 USC 1911 (d) or 25 USC 1919.
      (History, Ordinance 88-208, Ch. 2,Sec. 7, 8, and 9)