{"data":{"id":"us-sd/sdcl-1-1-25","jurisdiction":"us-sd","citation":"SDCL § 1-1-25","heading":"When order or judgment of tribal court may be recognized in state courts.","body":"No order or judgment of a tribal court in the State of South Dakota may be recognized as a matter of comity in the state courts of South Dakota, except under the following terms and conditions:\n(1) Before a state court may consider recognizing a tribal court order or judgment the party seeking recognition shall establish by clear and convincing evidence that:\n(a) The tribal court had jurisdiction over both the subject matter and the parties;\n(b) The order or judgment was not fraudulently obtained;\n(c) The order or judgment was obtained by a process that assures the requisites of an impartial administration of justice including but not limited to due notice and a hearing;\n(d) The order or judgment complies with the laws, ordinances and regulations of the jurisdiction from which it was obtained; and\n(e) The order or judgment does not contravene the public policy of the State of South Dakota.\n(2) If a court is satisfied that all of the foregoing conditions exist, the court may recognize the tribal court order or judgment in any of the following circumstances:\n(a) In any child custody or domestic relations case; or\n(b) In any case in which the jurisdiction issuing the order or judgment also grants comity to orders and judgments of the South Dakota courts; or\n(c) In other cases if exceptional circumstances warrant it; or\n(d) Any order required or authorized to be recognized pursuant to 25 U.S.C., § 1911(d) or 25 U.S.C., § 1919.","path":["TITLE 1. STATE AFFAIRS AND GOVERNMENT","CHAPTER 1-1. STATE SOVEREIGNTY AND JURISDICTION"],"source_url":"https://sdlegislature.gov/Statutes/1-1-25","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"d60d457fd0b57f72243126cad57beda7dd6b107e5c1d8248751ad3e6d0354a06","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-1-1-24","next":"us-sd/sdcl-1-1-26"},"notice":"GroundRules: Original legal text. Not legal advice."}