25 Cfr 11.600-605

Bureau of Indian Affairs, Interior
§ 11.501

§ 11.600
by the existence of inconsistent tribal
rules of procedure.

Judgments in civil actions.

(a) In all civil cases, judgment shall
consist of an order of the court awarding damages to be paid to the injured
party, or directing the surrender of certain property to the injured party, or
the performance of some other act for
the benefit of the injured party, including injunctive relief and declaratory
judgments.
(b) Where the injury inflicted was the
result of carelessness of the defendant,
the judgment shall fairly compensate
the injured party for the loss he or she
has suffered.
(c) Where the injury was deliberately
inflicted, the judgment shall impose an
additional penalty upon the defendant,
which additional penalty may run either in favor of the injured party or in
favor of the tribe.
(d) Where the injury was inflicted as
a result of accident, or where both the
complainant and the defendant were at
fault, the judgment shall compensate
the injured party for a reasonable part
of the loss he or she has suffered.
(e) No judgment shall be given on any
suit unless the defendant has actually
received notice of such suit and ample
opportunity to appear in court in his or
her defense.
§ 11.502

§ 11.504

Subpart F—Domestic Relations
§ 11.600

rfrederick on PROD1PC67 with CFR

Marriages.

(a) A magistrate of the Court of Indian Offenses shall have the authority
to perform marriages.
(b) A valid marriage shall be constituted by:
(1) The issuance of a marriage license
by the Court of Indian Offenses and by
execution of a consent to marriage by
both parties to the marriage and recorded with the clerk of the court; or
(2) The recording of a tribal custom
marriage with the Court of Indian Offenses within 30 days of the tribal custom marriage ceremony by the signing
by both parties of a marriage register
maintained by the clerk of the court.
(c) A marriage license application
shall include the following information:
(1) Name, sex, occupation, address,
social security number, and date and
place of birth of each party to the proposed marriage;
(2) If either party was previously
married, his or her name, and the date,
place, and court in which the marriage
was dissolved or declared invalid or the
date and place of death of the former
spouse;
(3) Name and address of the parents
or guardian of each party;
(4) Whether the parties are related to
each other and, if so, their relationship; and
(5) The name and date of birth of any
child of which both parties are parents,
born before the making of the application, unless their parental rights and
the parent and child relationship with
respect to the child have been terminated.
(6) A certificate of the results of any
medical examination required by either applicable tribal ordinances, or

Costs in civil actions.

(a) The court may assess the accruing costs of the case against the party
or parties against whom judgment is
given. Such costs shall consist of the
expenses of voluntary witnesses for
which either party may be responsible
and the fees of jurors in those cases
where a jury trial is had, and any further incidental expenses connected
with the procedure before the court as
the court may direct.
(b) In all civil suits the complainant
may be required to deposit with the
clerk of the court a fee or other security in a reasonable amount to cover
costs and disbursements in the case.
§ 11.503

Applicable rules of evidence.

Courts of Indian Offenses shall be
bound by the Federal Rules of Evidence, except insofar as such rules are
superseded by order of the Court of Indian Offenses, or by the existence of inconsistent tribal rules of evidence.

Applicable civil procedure.

The procedure to be followed in civil
cases shall be the Federal Rules of
Civil Procedure applicable to United
States district courts, except insofar as
such procedures are superseded by
order of the Court of Indian Offenses or

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§ 11.601

25 CFR Ch. I (4–1–08 Edition)

the laws of the State in which the Indian country under the jurisdiction of
the Court of Indian Offenses is located.

the influence of alcohol, drugs, or other
incapacitating substances; or
(2) A party was induced to enter into
a marriage by fraud or duress; or
(3) A party lacks the physical capacity to consummate the marriage by
sexual intercourse and at the time the
marriage was entered into, the other
party did not know of the incapacity;
or
(4) The marriage is prohibited under
§ 11.603.
(b) A declaration of invalidity may
be sought by either party to the marriage or by the legal representative of
the party who lacked capacity to consent.

§ 11.601 Marriage licenses.
A marriage license shall be issued by
the clerk of the court in the absence of
any showing that the proposed marriage would be invalid under any provision of this part or tribal custom, and
upon written application of an unmarried male and unmarried female, both
of whom must be eighteen (18) years or
older. If either party to the marriage is
under the age of eighteen (18), that
party must have the written consent of
parent or his or her legal guardian.
§ 11.602 Solemnization.
(a) In the event a judge, clergyman,
tribal official or anyone authorized to
do so solemnizes a marriage, he or she
shall file with the clerk of the court
certification thereof within thirty (30)
days of the solemnization.
(b) Upon receipt of the marriage certificate, the clerk of the court shall
register the marriage.

§ 11.605

§ 11.603 Invalid or prohibited marriages.
(a) The following marriages are prohibited:
(1) A marriage entered into prior to
the dissolution of an earlier marriage
of one of the parties;
(2) A marriage between an ancestor
and a descendant, or between a brother
and a sister, whether the relationship
is by the half or the whole blood;
(3) A marriage between an aunt and a
nephew or between an uncle and a
niece, whether the relationship is by
the half or the whole blood, except as
to marriages permitted by established
tribal custom;
(4) A marriage prohibited by custom
and usage of the tribe.
(b) Children born of a prohibited marriage are legitimate.

rfrederick on PROD1PC67 with CFR

Dissolution.

(a) The Court of Indian Offenses shall
enter a decree of dissolution of marriage if:
(1) The court finds that the marriage
is irretrievably broken, if the finding is
supported by evidence that (i) the parties have lived separate and apart for a
period of more than 180 days next preceding the commencement of the proceeding, or (ii) there is serious marital
discord adversely affecting the attitude
of one or both of the parties towards
the marriage;
(2) The court finds that either party,
at the time the action was commenced,
was domiciled within the Indian country under the jurisdiction of the court,
and that the domicile has been maintained for 90 days next preceding the
making of the findings; and
(3) To the extent it has jurisdiction
to do so, the court has considered, approved, or provided for child custody,
the support of any child entitled to
support, the maintenance of either
spouse, and the disposition of property;
or has provided for a separate later
hearing to complete these matters.
(b) If a party requests a decree of
legal separation rather than a decree of
dissolution of marriage, the Court of
Indian Offenses shall grant the decree
in that form unless the other party objects.

§ 11.604 Declaration of invalidity.
(a) The Court of Indian Offenses shall
enter a decree declaring the invalidity
of a marriage entered into under the
following circumstances:
(1) A party lacked capacity to consent to the marriage, either because of
mental incapacity or infirmity or by

§ 11.606

Dissolution proceedings.

(a) Either or both parties to the marriage may initiate dissolution proceedings.

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