Projects - Recognition of Tribal Orders and Judgements
Background
Honoring tribal court orders has been a continuing problem in New York State. Finding a method to ensure recognition of valid tribal court orders has been a key project of the Forum and the adoption of Rule 202.71 of the Uniform Civil Rules of the Supreme and County Courts relating to the recognition of tribal court orders was a significant achievement of the Forum. In October 2011, the New York Unified System Tribal Courts Committee (the “Tribal Courts Committee”) recommended for inclusion in the New York State Unified Court System’s 2012 legislative agenda, among other things, an enactment requiring mutual recognition, based on established principals of comity, of judgments of the State courts and the courts of New York’s Indian Nations. This recommendation was based, in part, upon a 2008 pilot protocol adopted by the Fifth Judicial District Supreme Court part and the Oneida Indian Nation, which provided for the reciprocal recognition of tribal and state court judgments. The Tribal Courts Committee submitted the proposed rule to the New York Unified Court System’s Administrative Board of the Courts Advisory Committee on Civil Practice (Advisory Committee.) The proposed rule prompted much comment and consideration from the Advisory Committee, the Bar Association and the New York Federal-State-Tribal Courts and Indian Nations Justice Forum. The result was a finding of a need for the proposed rule, and upon the advice and consent of the Administrative Board, the Chief Administrative Judge of the New York Unified Court System, the Honorable Gail Prudenti, signed section 202.71 of the Uniform Civil Rules of the Supreme and County Courts on May 26, 2017.
Section 202.71. Recognition of Tribal Court Judgments, Decrees and Orders
This court rule allows any person seeking recognition of a judgement, decree or order rendered by a court duly established under tribal or federal law by any Indian tribe, band or nation recognized by the State of New York or by the United States to commence a special proceeding in Supreme Court. If the court finds that the judgment, decree or order is entitled to recognition under principles of the common law of comity, it shall direct entry of the tribal judgment, decree or order as a judgment, decree or order of the Supreme Court of the State of New York. Section 202.71 does not supplant or diminish other available procedures for the recognition of judgments, decrees and orders under the law. Since the promulgation of the rule, the Tribal Courts Committee has worked to develop easy to follow procedures and forms to assist any person looking to have a judgment, decree or order of a tribal court recognized as a judgment of the Supreme Court of the State of New York.
New York State Department of Motor Vehicles Recognition of Tribal Court Judgments, Decrees and Orders
In addition to providing a simplified process for the courts to follow in recognizing tribal court orders, the adoption of Rule 202.71 resulted in governmental agencies and banks recognizing tribal orders without the requirement that the tribal order be formally recognized by the State Courts. In 2015, the New York State Department of Motor Vehicles (DMV) responded to an inquiry of the Forum regarding uniform recognition of tribal court judgments, decrees and orders in relation to access to change of name services and tribal court’s divorce decrees when renewing a license. The DMV immediately issues a directive to create a uniform practice across all DMV offices to honor tribal orders, decrees and judgments.
DMV Decree of Recognition of Tribal Court Orders, Decrees and Judgments, July 21, 2015
In March 2022, the New York State Department of Motor Vehicles issued a directive that all DMV issuing offices must recognize orders, decrees, and judgements issued by Indian tribal courts and directives issued by Councils of Chiefs. Examples extend to letters from a Council of Chiefs concerning estate administration. Staff must honor all orders my NYS Tribes and tribes from non-NY states recognized by the federal Bureau of Indian Affairs except for orders directing issuance of title to seized vehicles, which should be directed to the DMV legal bureau.
Updated DMV Decree of Recognition of Tribal Court Orders, Decrees, and Judgements, March 2022
If you are interested in enforcing a Tribal Court Judgment in New York please see the information below.
Petition for Recognition of Tribal Judgment
Notice of Petition for Recognition of Tribal Judgment
Instructions for Petition for Recognition of Tribal Judgment
NOTE: If you are seeking a waiver for filing fees related to New York State recognition of a Tribal Court judgment please visit
