Title
AN ACT ESTABLISHING AUTHORITY AND JURISDICTION FOR CHEROKEE NATION DISTRICT COURTS AND THE CHEROKEE NATION SUPREME COURT TO EXERCISE AND DETERMINE DECLARATORY JUDGMENTS
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the “Cherokee Nation Declaratory Judgment Act of 2009” and codified under Title 12 Chapter 7 of the Cherokee Nation Code Annotated (CNCA).
Section 2. Purpose
The purpose of this Act is to establish authority for the Judicial Branch to exercise declaratory judgments.
Section 3. Legislative History
Article VI Section 7 of the Cherokee Code Constitution.
Section 4. Definitions
Section 5. Substantive Provisions
A. Determination of rights, status or other legal relations - Exceptions:
District courts may, in cases of actual controversy, determine rights, status, or other legal relations, including but not limited to a determination of the construction or validity of any foreign judgment or decree, deed, contract, trust, or other instrument or agreement or of any statute, municipal ordinance, or other governmental regulation, whether or not other relief is or could be claimed, except that no declaration shall be made concerning liability or nonliability for damages on account of alleged tortuous injuries to persons or to property either before or after judgment or for compensation alleged to be due under workers’ compensation laws for injuries to persons. The determination may be made either before or after there has been a breach of any legal duty or obligation, and it may be either affirmative or negative in form and effect; provided however, that a court may refuse to make a determination where the judgment, if rendered, would not terminate the controversy, or some part thereof, giving rise to the proceeding.
B. Pleading:
A determination of rights, status, or other legal relations may be obtained by means of a pleading seeking that relief alone or as incident to or part o...
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