5301. Definitions. (a) Foreign state. (b) Foreign country judgment. 5302. Applicability. 5303. Recognition and enforcement. 5304. Grounds for non-recognition. (a) No recognition. (b) Other grounds for non-recognition. 5305. Personal jurisdiction. (a) Bases of jurisdiction. (b) Other bases of jurisdiction. 5306. Stay in case of appeal. 5307. Recognition in other situations. 5308. Uniformity of interpretation. 5309. Citation. S 5301. Definitions. As used in this article the following definitions shall be applicable. (a) Foreign state. "Foreign state" in this article means any governmental unit other than the United States, or any state, district, commonwealth, territory, insular possession thereof, or the Panama Canal Zone or the Trust Territory of the Pacific Islands. (b) Foreign country judgment. "Foreign country judgment" in this article means any judgment of a foreign state granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters. S 5302. Applicability. This article applies to any foreign country judgment which is final, conclusive and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal. S 5303. Recognition and enforcement. Except as provided in section 5304, a foreign country judgment meeting the requirements of section 5302 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. Such a foreign judgment is enforceable by an action on the judgment, a motion for summary judgment in lieu of complaint, or in a pending action by counterclaim, cross-claim or affirmative defense. S 5304. Grounds for non-recognition. (a) No recognition. A foreign country judgment is not conclusive if: 1. the judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law; 2. the foreign court did not have personal jurisdiction over the defendant. (b) Other grounds for non-recognition. A foreign country judgment need not be recognized if: 1. the foreign court did not have jurisdiction over the subject matter; 2. the defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to defend; 3. the judgment was obtained by fraud; 4. the cause of action on which the judgment is based is repugnant to the public policy of this state; 5. the judgment conflicts with another final and conclusive judgment; 6. the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; or 7. in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action. S 5305. Personal jurisdiction. (a) Bases of jurisdiction. The foreign country judgment shall not be refused recognition for lack of personal jurisdiction if: 1. the defendant was served personally in the foreign state; 2. the defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over him; 3. the defendant prior to the commencement of the proceedings had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved; 4. the defendant was domiciled in the foreign state when the proceedings were instituted, or, being a body corporate had its principal place of business, was incorporated, or had otherwise acquired corporate status, in the foreign state; 5. the defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state; or 6. the defendant operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action arising out of such operation. (b) Other bases of jurisdiction. The courts of this state may recognize other bases of jurisdiction. S 5306. Stay in case of appeal. If the defendant satisfies the court either that an appeal is pending or that he is entitled and intends to appeal from the foreign country judgment, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal. S 5307. Recognition in other situations. This article does not prevent the recognition of a foreign country judgment in situations not covered by this article. S 5308. Uniformity of interpretation. This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact these provisions. S 5309. Citation. This article may be cited as the "Uniform Foreign Country Money-Judgments Recognition Act."
Section 5401. Definition. 5402. Filing and status of foreign judgments. (a) Filing. (b) Status of foreign judgments. 5403. Notice of filing. 5404. Stay. (a) Based upon security in foreign jurisdiction. (b) Based upon other grounds. 5405. Fees. 5406. Optional procedure. 5407. Uniformity of interpretation. 5408. Citation. S 5401. Definition. In this article "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state, except one obtained by default in appearance, or by confession of judgment. S 5402. Filing and status of foreign judgments. (a) Filing. A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be filed within ninety days of the date of authentication in the office of any county clerk of the state. The judgment creditor shall file with the judgment an affidavit stating that the judgment was not obtained by default in appearance or by confession of judgment, that it is unsatisfied in whole or in part, the amount remaining unpaid, and that its enforcement has not been stayed, and setting forth the name and last known address of the judgment debtor. (b) Status of foreign judgments. The clerk shall treat the foreign judgment in the same manner as a judgment of the supreme court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of the supreme court of this state and may be enforced or satisfied in like manner. S 5403. Notice of filing. Within thirty days after filing of the judgment and the affidavit, the judgment creditor shall mail notice of filing of the foreign judgment to the judgment debtor at his last known address. The proceeds of an execution shall not be distributed to the judgment creditor earlier than thirty days after filing of proof of service. S 5404. Stay. (a) Based upon security in foreign jurisdiction. If the judgment debtor shows the supreme court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered. (b) Based upon other grounds. If the judgment debtor shows the supreme court any ground upon which enforcement of a judgment of the supreme court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state. S 5405. Fees. When a foreign judgment is filed pursuant to this article, an index number shall be assigned in accordance with the provisions of subdivision (a) of section 8018 and the fee shall be as prescribed therein. S 5406. Optional procedure. The right of a judgment creditor to proceed by an action on the judgment or a motion for summary judgment in lieu of complaint, instead of proceeding under this article, remains unimpaired. S 5407. Uniformity of interpretation. This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact these provisions. S 5408. Citation. This article may be cited as the "Uniform Enforcement of Foreign Judgments Act."
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