Does the Montana Rule of Civil Procedure apply to a plaintiff who is not a member of a tribal plaintiff?

Application of the Montana rule was thrown into question by our decision in Hinshaw v. Mahler, 42 F.3d 1178 (9th Cir.1994). In that case, we appeared to hold that a tribe generally has jurisdiction over nonmember defendants for torts on its reservation, where the tribe's jurisdiction has not been limited by statute or treaty. A car-motorcycle accident on a federal highway between nonmembers of the tribe killed the motorcycle driver. His mother, a tribal member, sued the automobile driver in tribal court for wrongful death, and we upheld the tribal court's assertion of jurisdiction.