Chapter 31.02 JURISDICTION OF THE TRIBAL COURT
(1) Territorial Jurisdiction. The territorial jurisdiction of the Tribal Court shall extend to all lands within the Tribe’s Indian country, including all reservation lands and trust lands.
(2) Subject Matter Jurisdiction.
(A) The Tribal Court shall be a court of limited jurisdiction and shall have original subject matter jurisdiction over criminal and civil causes of action that arise under Tribal law and expressly confer subject matter jurisdiction on the Tribal Court; and
(B) The Tribal Court may also exercise jurisdiction over any civil action referred to it by the Tribal Council by unanimous written resolution; provided, however, no referred action may be inconsistent with subsection (4) of this chapter.
(3) Personal Jurisdiction. The Tribal Court shall have original personal jurisdiction over all defendants that are:
(A) Served within the territorial jurisdiction of the Tribal Court; or
(B) Consent to such jurisdiction; or
(C) Served with a summons outside of the territorial jurisdiction of the Tribal Court in a manner prescribed by applicable rules of procedure.
(4) Limitations on Jurisdiction. The Tribal Court shall have no jurisdiction over the following:
(A) Actions arising out of a government-to-government agreement that by agreement or by Tribal resolution are subject to alternative dispute resolution;
(B) Actions that by agreement or by Tribal resolution are subject to arbitration and thereby fall within the purview of the Cowlitz Arbitration Law; and
(C) Actions in which the Tribe, any Tribal instrumentality, office, authority, or any officer of the Tribe or officer of a Tribal instrumentality, office, or authority has properly asserted the defense of sovereign immunity or other immunity recognized under Tribal or federal law. [Res. 24-44, 2024.]