Ind. Code § 34-39-5-6

Current through P.L. 171-2024
Section 34-39-5-6 - Presumption of validity

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.

IC 34-39-5-6

Added by P.L. 201-2021,SEC. 1, eff. 7/1/2021.