Bench & Bar of Minnesota is the official publication of the Minnesota State Bar Association.

Recognition of tribal court orders and judgments

The MSBA has submitted a request to appear at a public hearing, along with summary comments, to the Supreme Court’s Advisory Committee on the General Rules of Practice. The Court Committee solicited input regarding a petition to amend Rule 10 of the General Rules of Practice, which addresses recognition of tribal court orders and judgments. The petition was filed by the Minnesota Tribal Court/State Court Forum. The MSBA’s Judiciary Committee and Court Rules Committee held a joint meeting in March to review the petition and voted to recommend the MSBA support the petition. The MSBA Council took up the matter at their March meeting and approved the recommendation of these two committees. The MSBA based its support on the following factors:

  • the value of enhancing comity—the voluntary recognition by courts of one jurisdiction of the laws and judicial decisions of another;
  • the opportunity to increase clarity and efficiency for the courts, litigants, and institutions that do not currently recognize tribal court orders;
  • the reduction of delays in obtaining services for tribe members when institutions do not recognize tribal court orders; and
  • the improvements made to tribal courts since the original proposed Rule 10 came before the MSBA in 2002.

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