GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2001

 

 

SESSION LAW 2001-456

HOUSE BILL 1270

 

 

AN ACT TO PROVIDE FULL FAITH AND CREDIT TO JUDGMENTS OF THE EASTERN BAND OF CHEROKEES' TRIBAL COURTS AS THOSE COURTS RECIPROCALLY PROVIDE JUDGMENTS OF NORTH CAROLINA COURTS.

 

 

Whereas, the Eastern Band of Cherokees is a federally recognized Indian tribe; and

Whereas, the Eastern Band of Cherokees has established a system of tribal courts to deal with disputes between the parties under their jurisdiction; and

Whereas, the Eastern Band of Cherokees' Tribal Court accords full faith and credit to the judgments, decrees, and orders of the courts of this State; Now, therefore,

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  The General Statutes are amended by adding a new Chapter to read:

"Chapter 1E.

"Eastern Band of Cherokee Indians.

"Article 1.

"Full Faith and Credit.

"§ 1E-1.  Full faith and credit.

(a)       The courts of this State shall give full faith and credit to a judgment, decree, or order signed by a judicial officer of the Eastern Band of Cherokee Indians and filed in the Cherokee Tribal Court to the same extent as is given a judgment, decree, or order of another state, subject to the provisions of subsection (b) of this section; provided that the judgments, decrees, and orders of the courts of this State are given full faith and credit by the Tribal Court of the Eastern Band of Cherokee Indians.

(b)       Judgments, decrees, and orders specified in subsection (a) of this section shall be given full faith and credit subject to the provisions of G.S. 1C-1705, G.S.
1C-1708, G.S. 1C-1804, and G.S. 1C-1805 and shall be considered a foreign judgment for purposes of these statutes."


 

SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 25th day of October, 2001.

 

 

                                                                    s/ Marc Basnight

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 4:43 p.m. this 29th day of October, 2001