9 ONC § 1-103 Areas of jurisdiction

§ 1-103. Areas of jurisdiction.

1. The Court shall have jurisdiction over all issues within this Act wherein an Osage Indian is the defendant regardless of the domicile of such person.

2. The Court shall have jurisdiction over all issues within this Act wherein the defendant is an Indian and has resided within the governmental boundaries described within the Constitution of the Osage Nation for ninety (90) days preceding the filing of this action.

3. The Court shall have jurisdiction over all issues within this Act wherein non-Indian defendants consent in writing to the jurisdiction of the Court.

B. Once the Court has determined that jurisdiction exists in regard to issues addressed by this Title, the Court may retain jurisdiction over all issues so long as outstanding issues remain between the parties.

1. Consents, once given, may not be withdrawn. A person requesting affirmative relief in writing is deemed to have consented to the jurisdiction of the Court whether plaintiff or defendant.

2. Residency is only an issue for jurisdiction at the initiation of a case. Once jurisdiction attaches, jurisdiction remains.

3. An Osage Indian may not avoid jurisdiction after the same attaches by subsequent actions of renouncing tribal affiliation.

C. At any time a Judge of this Court determines that the exercise of jurisdiction under this Title is not in the best interest of the Osage Nation, the Judge may decline to exercise jurisdiction if one or more of the following findings is specifically made:

1. The orders sought by the plaintiff or defendant will be impossible for the Court to enforce.

2. Another jurisdiction is available and provides a more convenient forum for the parties.

3. Another jurisdiction is attempting to exercise authority over the issues addressed and comity should be extended to allow such court to act.

4. The Court is without financial means to adequately address the case.

D. Jurisdiction is determined to have vested at time of service of an action; provided, that:

1. Written consents required by a defendant are executed at or before the time of service. Nothing prevents consent being given in advance of filing.

2. Service of process must be accomplished within six months of filing and must meet due process standards of the United States federal government or the case is deemed dismissed for lack of service. ONCA 12-53, eff. Apr. 19, 2012.