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Tribal court transfer statute up for first review (access required)

For the first time since enactment of sec.801.54(2), governing which court should hear a case when both state and tribal courts have jurisdiction, the Wisconsin Supreme Court will interpret the new rule.

Move to tribal court affirmed (access required)

POSTED: Wednesday, June 15th, 2011 at 1:14 pm

BY: David Ziemer, david.ziemer@wislawjournal.com

It is not necessary that there be a separate pending case in tribal court for a state court to transfer an action under sec. 801.54(2). In the first appellate case to interpret the statute, the Wisconsin Court of Appeals concluded on June 1 that “concurrent jurisdiction” only means that both courts could exercise jurisdiction over [...]

2010AP2533 Kroner v. Oneida Seven Generations Corporation (access required)

Civil Procedure Tribal jurisdiction John Kroner appeals an order transferring his civil suit to the Oneida Tribal Judicial System pursuant to Wis. Stat. § 801.54,[1] titled, discretionary transfer of civil actions to tribal court. Kroner argues the circuit court erred because the record did not support its determination that the tribal court had concurrent jurisdiction. [...]

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