tribal court comity

Federal Court Defers to Tribal Court Proceedings in Alltel v. Oglala Sioux Tribe

Matthew L.M. Fletcher1 Comment

Here is the order denying Alltel’s motion for a TRO to shut down a tribal court proceeding brought by the Oglala Sioux Tribe: Alltel Communications v Oglala Sioux Tribe.

The court wrote:

That under the guidance of Lien and Gaming World, the court recognizes comity and honors the right of the Oglala Sioux Tribal Court, in the first instance, to determine whether it has jurisdiction to consider the defendant tribe’s petition for preliminary injunction in tribal court action Civ. # 09-0673.

1992 Indian Tribal Court/State Court Forum Final Report

Matthew L.M. Fletcher

The final report of this important forum is here (in pieces). Obviously parts of it are very dated, but this is important material regardless as legislative history of MCR 2.615.

Final Report Text

Appendix I — Minutes

Appendix II — Directory of Tribal Courts

Appendix III — Intergovernmental Agreements

Appendix IV — Mich. Indian Family Preservation Act