(b) In a proceeding to: establish, enforce or modify a child support order for an Indian Child; to
determine or terminate parentage of an Indian Child; and to establish custody and/or visitation
of an Indian Child, the Spokane Tribal Court may exercise personal jurisdiction over a nonresident individual or the individual’s guardian if:
(1) The individual is personally served with summons within Spokane Indian Country;
(2) The individual submits to the jurisdiction of the Spokane Tribe by consent, by entering a
general appearance, or by filing a responsive document having the effect of waiving any
contest to personal jurisdiction;
(3) The individual resided with the Indian Child in Spokane Indian Country;
(4) The individual resided in Spokane Indian Country and provided prenatal expenses or
support for the Indian Child;
(5) The Indian Child resides in Spokane Indian Country as a result of the acts or directives
of the individual;
(c) For the purposes of this Section, “Spokane Indian Country” shall mean any and all lands and
waters within the jurisdiction of the Spokane Tribe of Indians as set forth in Article II of the
Constitution of the Spokane Tribe.
(d) For the purposes of this Section the term “Indian Child” shall be defined pursuant to Chapter 6,
Section 1.07(l) of this Code. In addition the term “Indian Child” shall also specifically include
any biological child of an enrolled member of the Spokane Tribe of Indians.
Section 4-2 Commencement of Civil Actions
4-2.01 Commencement of Civil Actions. Civil actions may be commenced by the filing of a complaint with
the Clerk of the Tribal Court, stating the names of the plaintiff and the defendant, accompanied by a simple
statement of the facts giving rise to the grievance for which relief is requested and the nature of such relief.
4-2.02 Signature of Complaint. Complaints filed in the Tribal Court shall bear the signature of the
complainant, witnessed by a duly qualified Judge of the Tribal Court, Court Clerk, Tribal Executive Director or
the Superintendent.
4-2.03 Limitations on Filing. An action must be commenced within a period of 3 years from the date of the
act or event giving rise to the cause of action, except that:
(a) any action based upon a contract in writing, or liability expressed or implied arising out of a
written agreement, must be commenced within 6 years; and,
(b) any action based upon a claim of damages to plaintiff’s person or property, or damages related
to consumer transactions, must be commenced within 3 years from the date the plaintiff
discovered or reasonably should have discovered the damage, or the event that caused the
damage, whichever is later.
4-2.04 Tolling the Limitation.
(a) The 3 year limitation on the commencement of civil actions shall not apply during the time a
person entitled to bring a civil action under this Code is incapacitated or under disability to bring
suit by reason of being a minor under 18 years of age or by reason of being mentally
incompetent.
(b) Provided, however, that if the action is brought after the 3 year limitation has expired, a written
statement of reasonable cause must be given why the person's parent, guardian or other
available representative did not bring the action in behalf of said disabled or incapacitated
person within the 3 year limitation.
(c) The statement shall be filed with the complaint and if attached by the defendant or other party
to the suit the Tribal Court shall consider the reasonable cause given and in its discretion decide
whether it is sufficient to justify the tolling of the statute of limitations.
(d) The decision of the Tribal Judge in this respect shall be appealable.
(e) The 3-year limitation on the commencement of civil actions also shall not apply to actions
brought by the Spokane Tribe related to damages to natural resources of the Tribe during the
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Revised Spokane Law & Order Code, 5/14/2013