Presumption of Validity

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Sec. 6. 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.

As added by P.L.201-2021, SEC.1.


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