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.
Source: SL 1986, ch 6, §1.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 01 - State Sovereignty And Jurisdiction
Section 1-1-1 - Territorial extent of sovereignty and jurisdiction--Cessions to United States.
Section 1-1-2.2 - Vesting and duration of concurrent jurisdiction.
Section 1-1-2.3 - Acceptance of retrocession of exclusive federal jurisdiction.
Section 1-1-2.4 - Memoranda of agreement.
Section 1-1-2.5 - Concurrent federal jurisdiction--Federal Prison Camp.
Section 1-1-3 - Consent to land acquisition by United States--Acreage limit.
Section 1-1-4 - Jurisdiction of federally acquired land--Tax exemption.
Section 1-1-5 - Service of process on federally acquired land.
Section 1-1-7 - Appraisal and sale of county land to United States for conservation purposes.
Section 1-1-8 - Legislative power over federally acquired lands.
Section 1-1-9 - Map of federal acquisitions to be filed--Recording of evidence of title.
Section 1-1-12 - Indian country--Assumption of jurisdiction.
Section 1-1-15 - Prosecution of criminal offenses on Indian lands.
Section 1-1-17 - Highways in Indian lands--Acceptance of jurisdiction.
Section 1-1-18 - Indian country--Assumption of jurisdiction.
Section 1-1-19 - Negotiation and acceptance of federal reimbursement of costs of jurisdiction.
Section 1-1-20 - Provisional repeal of prior assumption of jurisdiction of Indian lands.
Section 1-1-21 - Governor's proclamation required for assumption of jurisdiction.
Section 1-1-23 - Expressions of sovereign will.
Section 1-1-24 - Common law and law merchant applied--Evidence of common law.
Section 1-1-25 - When order or judgment of tribal court may be recognized in state courts.
Section 1-1-28 - Exception to application of provisions of § 1-1-27.