American Natives: Comity
Zempel v. Uninsured Employers' Fund [2/21/96] 1996 MTWCC 19 While the judgment of a tribal court is not entitled to full faith and credit, principles of comity require that the judgment be honored in the same manner as that of a foreign nation. Day v. Montana Dept. Of Social and Rehabilitation Services, 272 Mont. 170, 900 P.2d 296 (1995); Wippert v. Blackfeet Tribe of Blackfeet Indian Reservation, 201 Mont. 299, 654 P.2d 512 (1982). But while comity may mean that the Montana courts will recognize the judgment as valid and enforceable as between the litigants in the matter, the doctrine does not require Montana courts to accept a tribal court's conclusions of law as binding. See, Larrivee v. Morigeau, 184 Mont. 187, 602 P.2d 563 (1979). |