28-20.2 Uniform Foreign Money - Judgments Recognition Act
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<![CDATA[CHAPTER 28-20.2UNIFORM FOREIGN MONEY - JUDGMENTS RECOGNITION ACT28-20.2-01. Definitions. As used in this chapter:1."Foreign judgment" means any judgment of a foreign state granting or denying<br>recovery of a sum of money, other than a judgment for taxes, a fine or other penalty,<br>or a judgment for support in matrimonial or family matters.2."Foreign state" means any governmental unit other than the United States or any<br>state, district, commonwealth, territory, or insular possession of the United States.28-20.2-02. Applicability. This chapter applies to any foreign judgment that is final andconclusive and enforceable where rendered even though an appeal is pending or the judgment is<br>subject to appeal.28-20.2-03. Recognition and enforcement. Except as provided in section 28-20.2-04,a foreign judgment meeting the requirements of section 28-20.2-02 is conclusive between the<br>parties to the extent that the judgment grants or denies recovery of a sum of money. The foreign<br>judgment is enforceable in the same manner as the judgment of a sister state which is entitled to<br>full faith and credit.28-20.2-04. Grounds for nonrecognition.1.A foreign judgment is not conclusive if:a.The judgment was rendered under a system that does not provide impartial<br>tribunals or procedures compatible with the requirements of due process of law;b.The foreign court did not have personal jurisdiction over the defendant; orc.The foreign court did not have jurisdiction over the subject matter.2.A foreign judgment need not be recognized if:a.The defendant in the proceedings in the foreign court did not receive notice of<br>the proceedings in sufficient time to enable the defendant to defend;b.The judgment was obtained by fraud;c.The claim for relief on which the judgment is based is repugnant to the public<br>policy of this state;d.The judgment conflicts with another final and conclusive judgment;e.The proceeding in the foreign court was contrary to an agreement between the<br>parties under which the dispute in question was to be settled otherwise than by<br>proceedings in that court; orf.In the case of jurisdiction based only on personal service the foreign court was<br>a seriously inconvenient forum for the trial of this action.28-20.2-05. Personal jurisdiction.1.The foreign judgment may not be refused recognition for lack of personal jurisdiction<br>if:a.The defendant was served personally in the foreign state;Page No. 1b.The defendant voluntarily appeared in the proceedings, other than for the<br>purpose of protecting property seized or threatened with seizure in the<br>proceedings or of contesting the jurisdiction of the court over the defendant;c.Before commencement of the proceedings, the defendant had agreed to submit<br>to the jurisdiction of the foreign court with respect to the subject matter<br>involved;d.The defendant was domiciled in the foreign state when the proceedings were<br>instituted, or, being a body corporate had its principal place of business, was<br>incorporated, or had otherwise acquired corporate status, in the foreign state;e.The defendant had a business office in the foreign state and the proceedings in<br>the foreign court involved a claim for relief arising out of business done by the<br>defendant through that office in the foreign state; orf.The defendant operated a motor vehicle or airplane in the foreign state and the<br>proceedings involved a claim for relief arising out of the operation.2.The courts of this state may recognize other bases of jurisdiction.28-20.2-06. Stay in case of appeal. If the defendant satisfies the court either that anappeal is pending or that the defendant is entitled and intends to appeal from the foreign<br>judgment, the court may stay the proceedings until the appeal has been determined or until the<br>expiration of a period of time sufficient to enable the defendant to prosecute the appeal.Page No. 2Document Outlinechapter 28-20.2 uniform foreign money - judgments recognition act]]>