Indiana § 34-39-5-6 - Presumption of validity

§ 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 jurisdiction; or

(2) judgment, decree, order, warrant, subpoena, record, or other judicial act of the tribal court:

(A) was obtained by fraud, duress, or coercion;

(B) was obtained without a fair notice or hearing;

(C) is repugnant to the public policy of the state of Indiana; or

(D) is not final under the laws and procedures of the tribal court.

As added by P.L.201-2021, SEC.1.

IC 34-40ARTICLE 40. EVIDENCE: RECORDS OF PUBLIC AGENCIES

Ch. 1.Prima Facie Proof of Lack of Records or Entry in Records Kept in Public Offices Ch. 2.Records of the Worker's Compensation Board Ch. 3.Schedules and Other Records Filed With the Interstate Commerce Commission or Its Successor Agency, or the Utility Regulatory Commission Ch. 4.Prima Facie Evidence of Ownership of Motor Vehicle

IC 34-40-1Chapter 1. Prima Facie Proof of Lack of Records or Entry in Records Kept in Public Offices

34-40-1-1Inapplicability of chapter to criminal proceedings 34-40-1-2Prima facie proof of lack of record 34-40-1-3Proof of record by other sources