This article may be cited as the “Uniform Foreign-country Money Judgments Recognition Act”. Source: L. 2008: Entire article R&RE, p. 99, § 1, effective August 5. OFFICIAL COMMENT Source: This section is an updated version of Section 9 of the Uniform Foreign Money-Judgments Recognition Act of 1962.
In this article: “Foreign-country” means a government other than: The United States; A state, district, commonwealth, territory, or insular possession of the United States; or Any other government with regard to which the decision in this state as to whether to recognize a judgment of that government’s courts is initially subject to determination under the […]
Except as otherwise provided in subsection (2) of this section, this article applies to a foreign-country judgment to the extent that the judgment: Grants or denies recovery of a sum of money; and Under the law of the foreign country where rendered, is final, conclusive, and enforceable. This article does not apply to a foreign-country […]
Except as otherwise provided in subsections (2) and (3) of this section, a court of this state shall recognize a foreign-country judgment to which this article applies. A court of this state may not recognize a foreign-country judgment if: The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures […]
A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: The defendant was served with process personally in the foreign country; The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the […]
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. If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense. Source: […]
If the court in a proceeding under section 13-62-106 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: Conclusive between the parties to the same extent as the judgment of a […]
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, or the appellant has had sufficient time to prosecute the appeal and has failed to do […]
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 fifteen years from the date that the foreign-country judgment became effective in the foreign country. Source: L. 2008: Entire article R&RE, p. 102, § 1, effective August […]
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2008: Entire article R&RE, p. 102, § 1, effective August 5. OFFICIAL COMMENT Source: This Section is substantively the same as Section […]
This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article. Source: L. 2008: Entire article R&RE, p. 103, § 1, effective August 5. OFFICIAL COMMENT Source: This section is based on Section 7 of the 1962 Act. 1. Section 3 of […]
This article applies to all actions commenced on or after August 5, 2008, in which the issue of recognition of a foreign-country judgment is raised. Source: L. 2008: Entire article R&RE, p. 103, § 1, effective August 5.
