Native American reservations have an incredibly complex past, and that history influences the laws in effect today. Though countless Native American tribes populated the entire span of North America when the first European settlers arrived in the 15th century, the natives were forcefully moved off of their lands and made to relocate until the American government intervened and created reservations specific to each tribe. The reservations have been controversial decisions because they isolate Native Americans and place them under the direct power and control of the Federal Government without any State Government intervention.
As a process server, this means you must handle service on reservations differently than you would in a standard neighborhood.
Familiarize Yourself with Tribal Law
According to the Native American Graves Protection and Repatriation Act of 1990, Native American tribes “possess a nationhood status and retain inherent powers of self-government.” This means that each tribe can legally enforce tribal law that differs from the United States federal government, and that has the potential to make your service very tricky. Leading Edge Ed, LLC has compiled a comprehensive guide with this information that is very useful before completing serving on reservations, and speaking to local law enforcement can also help.
Work with Reservation Police
Before you enter a Native American reservation alone, it is best to contact the tribal police to be escorted onto the reservation. The protected nature of the reservation means you need to have permission to enter, and it is often easiest to achieve this if you maintain an escort.
File the Right Papers
Service on an Indian reservation is akin to completing service of process out of state, so you need to file the correct papers. Not just the summons and complaint, but also any other documents relevant to the tribal court. Many tribal governing bodies now have an online presence, which can make it infinitely easier for you to navigate through this unique job.
