Section 450 – Title.
Effective 5/12/2020 78B-5-450. Title. This part is known as the “Uniform Foreign-Country Money Judgments Recognition Act.” Enacted by Chapter 370, 2020 General Session
Effective 5/12/2020 78B-5-450. Title. This part is known as the “Uniform Foreign-Country Money Judgments Recognition Act.” Enacted by Chapter 370, 2020 General Session
Effective 5/12/2020 78B-5-451. Definitions. As used in this part: (1) “Foreign country” means 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 […]
Effective 5/12/2020 78B-5-452. Applicability. (1) Except as otherwise provided in Subsection (2), this part applies to a foreign-country judgment to the extent that the judgment: (a) grants or denies the recovery of a sum of money; and (b) under the law of the foreign country where rendered, is final, conclusive, and enforceable. (2) This part […]
Effective 5/12/2020 78B-5-453. Standards for recognition of foreign-country judgment. (1) Except as otherwise provided in Subsections (2) and (3), a court of this state shall recognize a foreign-country judgment to which this part applies. (2) A court of this state may not recognize a foreign-country judgment if: (a) the judgment was rendered under a judicial […]
Effective 5/12/2020 78B-5-454. Personal jurisdiction. (1) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (a) the defendant was served with process personally in the foreign country; (b) the defendant voluntarily appeared in the proceeding, except for the purpose of protecting property seized or threatened with seizure in the proceeding […]
Effective 5/12/2020 78B-5-455. Procedure for recognition of foreign-country judgment. (1) 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. (2) If recognition of a foreign-country judgment is sought in a pending action, the issue of […]
Effective 5/12/2020 78B-5-456. Effect of recognition of foreign-country judgment. If the court in a proceeding under Section 78B-5-455 finds that the foreign-country judgment is entitled to recognition under this part, the foreign-country judgment, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, is: (1) conclusive between the parties […]
Effective 5/12/2020 78B-5-457. Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or an appeal will be taken, the court may stay any proceedings with regard to the foreign-country judgment until: (1) the appeal is concluded; (2) the time for appeal expires; or […]
Effective 5/12/2020 78B-5-458. Statute of limitations. An action to recognize a foreign-country judgment shall be commenced within the earlier of: (1) the time during which the foreign-country judgment is effective in the foreign country; or (2) 15 years from the day on which the foreign-country judgment became effective in the foreign country. Enacted by Chapter […]
Effective 5/12/2020 78B-5-459. Uniformity of interpretation. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of the uniform act among states that enact the uniform act. Enacted by Chapter 370, 2020 General Session
Effective 5/12/2020 78B-5-460. Saving clause. This part does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this part. Enacted by Chapter 370, 2020 General Session
Effective 5/12/2020 78B-5-461. Application to future actions. This part applies to all actions commenced on or after May 12, 2020, in which the issue of recognition of a foreign-country judgment is raised. Enacted by Chapter 370, 2020 General Session