Wildcatt v. Smith

WELLS, Judge.

This appeal raises for the first time the question of subject matter jurisdiction of our state courts over civil actions between members of the Eastern Band of Cherokees living on the reserva*3tion, following the recent creation of a tribal court system by the Eastern Band.1

It is axiomatic that personal and subject matter jurisdiction are essential prerequisites to entry of a valid court order. It is also beyond dispute that a defendant may challenge a court’s subject matter jurisdiction at any stage of the proceedings, but may not raise the issue of personal jurisdiction for the…