1. Unless objected to pursuant to section 626D.4, a tribal judgment shall be recognized and enforced by the courts of this state to the same extent and with the same effect as any judgment, order, or decree of a court of this state.

Terms Used In Iowa Code 626D.5

  • clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Iowa Code 633D.2
  • United States: includes all the states. See Iowa Code 4.1
 2. If no objections are timely filed, the clerk shall issue a certification that no objections were timely filed and the tribal judgment shall be enforceable in the same manner as if issued by a valid court of this state.
 3. A tribal judgment shall not be recognized and enforced if the objecting party demonstrates by a preponderance of the evidence at least one of the following:

 a. The tribal court did not have personal or subject matter jurisdiction.
 b. A party was not afforded due process.
 4. The court may decline to recognize and enforce a tribal judgment on equitable grounds for any of the following reasons:

 a. The tribal judgment was obtained by extrinsic fraud.
 b. The tribal judgment conflicts with another filed judgment that is entitled to recognition in this state.
 c. The tribal judgment is inconsistent with the parties’ contractual choice of forum provided the contractual choice of forum issue was timely raised in the tribal court.
 d. The tribal court does not recognize and enforce judgments of the courts of this state under standards similar to those provided in 626D chapter.
 e. The cause of action or defense upon which the tribal judgment is based is repugnant to the fundamental public policy of the United States or this state.