§ 1C-1850 – Short title.
1C-1850. Short title. This Article may be cited as the North Carolina Uniform Foreign-Country Money Judgments Recognition Act. (2009-325, s. 2.)
1C-1850. Short title. This Article may be cited as the North Carolina Uniform Foreign-Country Money Judgments Recognition Act. (2009-325, s. 2.)
1C-1851. Definitions. The following definitions apply in this Article: (1) Foreign country. – A government other than: a. The United States; b. A state, district, commonwealth, territory, or insular possession of the United States; or c. Any other government with regard to which the decision in this State as to whether to recognize a judgment […]
1C-1852. Applicability; saving clause. (a) Except as otherwise provided in subsection (b) of this section, this Article applies to a foreign-country judgment to the extent that the judgment: (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable. (b) […]
1C-1853. Standards for recognition and nonrecognition of foreign-country judgment. (a) Except as otherwise provided in this section, a court of this State shall recognize a foreign-country judgment to which this Article applies. (b) A court of this State shall not recognize a foreign-country judgment if: (1) The judgment was rendered under a judicial system that, […]
1C-1854. Personal jurisdiction. (a) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if any of the following exist: (1) The defendant was served with process personally in the foreign country. (2) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with […]
1C-1855. Procedure for recognition and nonrecognition of foreign-country judgment. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition or nonrecognition of a foreign-country judgment is sought in some other action, the […]
1C-1856. Effect of recognition of foreign-country judgment. (a) If the court in a proceeding under G.S. 1C-1855 finds that the foreign-country judgment is entitled to recognition under this Article then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (1) Conclusive between the parties […]
1C-1857. Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires without an appeal being taken, or the […]
1C-1858. Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 10 years from the date that the foreign-country judgment became effective in the foreign country. (2009-325, s. 2.)
1C-1859. Uniformity of interpretation. In applying and construing this Article, consideration may be given to promoting uniformity of interpretation with respect to its subject matter among states that enact it. (2009-325, s. 2.)
1C-1860. Severability. The provisions of this Article are severable. If any part or application of this Article is invalid, then other parts or applications remain valid. (2015-107, s. 2.)