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Pascua Yaqui Trial Court

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The Pascua Yaqui Trial Court is a tribal court in Arizona. It is the trial court of the Pascua Yaqui Nation, whose people live on a small reservation just outside of Tucson, Arizona. The Pascua Yaqui Nation has a two-tiered court system; appeals from the trial court are heard in the Pascua Yaqui Court of Appeals.[1]

About tribal courts

There were approximately 400 tribal courts in the United States as of 2021, according to the U.S. Department of the Interior.[2] These courts can hear both criminal and civil cases regarding tribal code. Tribes that do not establish their own court may use a regional Court of Indian Offenses. These are also known as CFR Courts, since they were established by the Code of Federal Regulations.[3]

Jurisdiction

The jurisdiction of the court is defined in the Pascua Yaqui Tribe's Tribal Codes. The jurisdiction of the court is as follows:[4]

(A) Except where limited by Federal Law or Pascua Yaqui Law, the jurisdiction of the Pascua Yaqui Tribal Courts shall extend to:

(1) All persons natural and legal of any kind; and to
(2) All subject matters which, now and in the future, are permitted to be within the jurisdiction of any Tribal Court of any Indian tribe recognized by the United States of America.

(B) Any person entering within the boundaries of this Reservation becomes subject to the Laws and Regulations of the Reservation.

(C) Any person or entity whether a member or non-member of the Pascua Yaqui Tribe submits to the jurisdiction of the Pascua Yaqui Tribe by any of the following acts:

(1) Presence, domicile or residence on the Reservation.
(2) Membership in Tribe.
(3) Consent, whether by contract, implication or otherwise, including marriage to a tribal member.
(4) Appearance in Tribal Court, other than a special appearance for the sole purpose of contesting jurisdiction.
(5) Contracting or attempting to contract to insure any person, property or risk located within the Reservation.
(6) Doing business or attempting to business on the Reservation, including entering or attempting to enter into a contract for the sale, lease, or purchase of any property or services, when such contract is entered into or is to be performed within the exterior boundaries of the Reservation.
(7) Using or attempting to use or purchasing or attempting to purchase any resource or service of the Tribe or the Reservation.
(8) Engaging in an act on the Reservation.
(9) Causing a foreseeable effect on the Reservation by an act or omission elsewhere.
(10) Ownership, use, or possession of real or personal property on the Reservation.
(11) Committing any tortuous act on the Reservation.

(D) Tribal Court jurisdiction shall extend to corporations, partnerships, associations, and governmental entities as well as to natural persons and the word person as used in this chapter includes all of the above.[5]

External links

Footnotes