Wisconsin Motion for Discretionary Transfer of Civil Action to Tribal Court is a legal motion that allows a state court to transfer a civil action to a tribal court. It allows tribal courts to hear civil actions that are otherwise under the jurisdiction of the state court. This motion is typically used when a dispute arises between two parties, both of whom have an interest in a tribal issue or are both members of the same tribe. There are two types of Wisconsin Motion for Discretionary Transfer of Civil Action to Tribal Court: 1) voluntary transfer and 2) discretionary transfer. A voluntary transfer is initiated by the parties involved in the dispute who agree to transfer the case to the tribal court. Discretionary transfer is initiated by the state court and is based on the court’s discretion, taking into consideration the facts and circumstances of the case. The court must consider whether the interests of justice would be best served by transferring the case to the tribal court. If the court grants the motion, the tribal court will have jurisdiction over the case and any state court proceedings will be stayed. The tribal court must then render a judgment, which is enforceable in the state court.
Wisconsin Motion for Discretionary Transfer of Civil Action to Tribal Court
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