34-39-3-1. Prior Felony Conviction; Admissibility
Sec. 1. (a) Evidence of a final judgment that: (1) is entered after a trial or upon a plea of guilty; and (2) adjudges a person guilty of a crime punishable by death or imprisonment of more than one (1) year; shall be admissible in a civil action to prove any fact essential to sustaining […]
34-39-4-1. Proceedings and Judgment; Foreign States; United States Territories; District of Columbia
Sec. 1. Copies of the proceedings and judgments of any justice of the peace of any state or territory of the United States or of the District of Columbia: (1) certified by the hand and seal of: (A) the justice before whom the proceedings were held or judgments rendered; or (B) the justice’s successor in […]
34-39-4-2. Common Law of Foreign Courts
Sec. 2. The unwritten or common law of any other of the United States or of the territories of the United States may be proved as facts by parol evidence. The books of reports of cases adjudged in the courts of other states or territories may also be admitted in evidence of the unwritten or […]
34-39-4-3. Records and Judicial Proceedings of Foreign Courts
Sec. 3. (a) The records and judicial proceedings of the several courts of record of or within the United States or the territories of the United States shall be admitted in Indiana courts as evidence when authenticated by attestation or certificate of the clerk or prothonotary, with the seal of the court annexed, together with […]
34-39-5-1. Application
Sec. 1. This chapter does not apply to judgments or orders that federal law requires to be given full faith and credit. As added by P.L.201-2021, SEC.1.
34-39-5-2. “Tribal Court”
Sec. 2. As used in this chapter, “tribal court” refers to a tribal court established by the tribe. As added by P.L.201-2021, SEC.1.
34-39-5-3. “Tribe”
Sec. 3. As used in this chapter, “tribe” means the Pokagon Band of the Potawatomi Indians, a federally recognized Indian tribe (as defined by IC 5-33.5-2-1) with tribal headquarters in Dowagiac, Michigan. As added by P.L.201-2021, SEC.1.
34-39-5-4. Effect of Tribal Court Orders
Sec. 4. The judgments, decrees, orders, warrants, subpoenas, records, and other judicial acts of a tribal court are recognized, have the same effect, and are subject to the same procedures, fees, defenses, and proceedings as judgments, decrees, orders, warrants, subpoenas, records, and other judicial acts of any court of record in Indiana, subject to the […]
34-39-5-5. Enforcement Limitation
Sec. 5. The recognition described in section 4 of this chapter applies only if the tribe or tribal court enacts an ordinance, court rule, or other binding measure that obligates the tribal court to enforce the judgments, decrees, orders, warrants, subpoenas, records, and other judicial acts of the courts of Indiana. As added by P.L.201-2021, […]
34-39-5-6. Presumption of Validity
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 […]