Council of the Cherokee Nation - File #: 17-136

• File #: 17-136
• Version: 3
• Name: TECHNICAL AMENDMENTS TO THE COMPREHENSIVE ACCESS TO JUSTICE ACT OF 2016
• Type: Legislative Act
• Status: Passed
• File created: 11/29/2017
• In control: TRIBAL COUNCIL
• On agenda: 1/17/2018
• Final action: 4/23/2018
• Enactment date: 4/16/2018
• Enactment #: LA-07-18
• Title: A LEGISLATIVE ACT AMENDING TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED - CIVIL PROCEDURE - COMPREHENSIVE ACCESS TO JUSTICE ACT AMENDMENT
• Sponsors: Victoria Vazquez
• Indexes: CIVIL PROCEDURE , Justice
• Code sections: Title 12 - Civil Procedure
• Related files: CNCA-12, 16-073

Date	Ver.	Action By	Action	Result
4/23/2018	3	OFFICE OF THE CHIEF	Signed
4/16/2018	3	TRIBAL COUNCIL	Approved	Pass
3/29/2018	3	RULES COMMITTEE	Approved and Forwarded to Council	Pass
2/22/2018	1	RULES COMMITTEE	Tabled	Pass
1/17/2018	1	RULES COMMITTEE	Tabled	Pass

Title
A LEGISLATIVE ACT AMENDING TITLE 12 OF THE CHEROKEE NATION CODE ANNOTATED - CIVIL PROCEDURE - COMPREHENSIVE ACCESS TO JUSTICE ACT AMENDMENT
Body
BE IT ENACTED BY THE CHEROKEE NATION:

SECTION 1. TITLE AND CODIFICATION

This Act shall be known as the “Technical Amendments to the Comprehensive Access to Justice Act of 2016” and codified under Title 12 of the Cherokee Nation Code Annotated (CNCA).

SECTION 2. PURPOSE

The purpose of this Act is to make technical amendments to Chapters 1, 2 and 3 of Title 12 of the Cherokee Nation Code Annotated as found in Legislative Act 16-16.

SECTION 3. SUBSTANTIVE LAW

Title 12 of Legislative Act 16-16 shall be amended as follows:

CHAPTER 1
CIVIL PROCEDURE

§ 1 Title of Chapter
This chapter shall be known as the Code of Civil Procedure of the Cherokee Nation.
§ 2 Jurisdiction-General
The Courts of the Cherokee Nation may exercise jurisdiction on any basis consistent with the Cherokee Nation Constitution.
§ 3 Law to be Applied
The courts shall apply the laws of the Cherokee Nation. The laws of the Cherokee Nation shall include the Constitution of the Cherokee Nation, all statutes heretofore and hereafter enacted by the Tribal Council and the Cherokee common law. The Cherokee common law consists of the traditional customs and usages of the Cherokee people since time immemorial. In matters arising under the common law, the courts may request the advice of tribal elders, scholars and counselors familiar with the same. No state or federal law, including any state or federal regulations, shall be binding upon the courts unless specifically incorporated into statute by the Tribal Council or adopted as common law by a decision of the court. Notwithstanding, in matters which cannot be resolved through the application of Cherokee law, the courts may apply any federal or state law, including any regulation promulgated by the United States Department of Interior, which would be cognizable in a court of general jurisdiction the...