11.03.020 Tribal Court

(a) Jurisdiction

(1) The Saint Regis Mohawk Tribal Court shall have subject matter jurisdiction over the proceedings and law set forth in this chapter.

(2) The Saint Regis Mohawk Tribal Court shall have personal jurisdiction over a party in paternity and child support matters when:

(A) a party or the child is an enrolled member or eligible to become a member of the Saint Regis Mohawk Tribe;

(B) a party or the child resides or is domiciled within the territory of the Saint Regis Mohawk Tribe;

(C) the non-Indian or non-member party has consented to the jurisdiction of the Tribe by:

(i) express contractual consent;

(ii) residing or domiciling within the Tribe's reservation;

(iii) being employed as a contract, temporary, or regular employee of the Tribe or a tribal business located on the reservation;

(iv) engaging in consensual relations or a domestic relationship with a tribal member on the reservation;

(v) or participating in any other substantial activity within the territorial jurisdiction of the SRMT that impacts the political integrity, the economic security, or the health and welfare of the Tribe and its members.

(b) Summons

(1) If a complainant does not utilize the services of the SRMT-CSEU, then the complainant must file the original petition along with a Summons with the SRMT Court Clerk and a copy of the petition with the SRMT-CSEU. If SRMT-CSEU files the complaint on behalf of a party, then the agency shall file the original petition along with a Summons with the SRMT Court Clerk. The Summons shall be on a form approved by the Court.

(2) The Summons shall include a time and date for Mediation. Mediation shall take place within thirty (30) days of the filing of the Summons and Petition.

(3) The date and time of the initial court appearance shall be left blank for the Clerk of the SRMT Court to complete. The date for the initial court appearance, should an agreement not be reached at Mediation, shall be no more than 60 days from the date of the filing of the Summons and Petition.

(4) The Summons shall also contain the following information:

(A) Notification of the requirement that both parties will attend Mediation with SRMT- CSEU prior to the initial court appearance.

(B) Notification that, if the respondent does not appear on the date, time and location of the initial court appearance as stated on the Summons, a Default Judgment may be entered.

(C) Notification that each party may retain legal representation at his or her own expense;

(D) Notification that the respondent may file an answer to the claims in the Petition by filing a written answer with the Tribal Court and SRMT-CSEU within twenty (20) days of the service of the Summons and Petition.

(E) If it is a SRMT-CSEU case, notification that each party must keep SRMT-CSEU advised of his/her current address and employer. Each party must advise the SRMT-CSEU within ten (10) days of changing his/her physical address or employment.

(c) Service

(1) SRMT-CSEU or the complainant is responsible for service of the Petition and Summons and may effectuate such service by the use of a process server, or any person, not a party to the action, who is over the age of eighteen (18) years.

(2) Both the Petition and Summons shall be served on the respondent as outlined in the Tribe's Rules of Civil Procedure as amended or by United States Postal Service certified mail, return receipt requested. If neither method of service is possible then publication may be used as an alternative method.

(3) Upon effectuating personal service, the person serving the pleadings shall file an Affidavit of Service, indicating that he or she has served the respondent or a person of suitable age and discretion at respondent's last known residence or place of employment followed by a mailing at respondent's last known residence or place of employment, the date and place of service. Any affidavit of service shall comply with the requirements of the SRMT's Rules of Civil Procedure TCR 2008-20 or as amended. When utilizing certified mail return receipt requested for service, the return receipt shall be proof of service once it is filed with the Clerk of the SRMT Court without the need for an affidavit of service.

(4) In the event that the respondent cannot be served personally or by certified mail, SRMT- CSEU may apply to the Court to effectuate service by publishing the Summons in a newspaper nearest to the last known location of the respondent for two consecutive publication dates at least 30 days before the initial court appearance or any other court appearance. A copy of the published notice shall be filed with the Clerk of the SRMT Court as proof of service.

(5) If the SRMT-CSEU was not the party filing the Summons and Petition, the Clerk of the SRMT Court shall provide a copy of the filed documents to the SRMT-CSEU.

(d) Default Judgments

(1) At an initial court appearance or for any other scheduled court appearance where the respondent fails to appear, the SRMT Tribal Court may issue a Default Judgment upon finding the following:

(A) That the Tribal Court has jurisdiction over the subject matter of the case and over the respondent;

(B) That the respondent was given proper service of the Petition and Summons as provided for in this chapter;

(C) That the petition before the court is based on credible evidence; and

(D) That the respondent has failed to appear or to answer the petition.

(2) The Default Judgment shall be served on the respondent as provided by the Court or as directed by the Court.

(3) A Default Judgment may be reopened upon a showing for good cause which can include, but is not limited to, the respondent not having proper notice, or that the SRMT Tribal Court lacks jurisdiction, or that it is subsequently shown that a party is not the biological parent of the child.