CHAPTER 36. ENFORCEMENT OF JUDGMENTS OF OTHER COUNTRIES
CIVIL PRACTICE AND REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
SUBTITLE C. JUDGMENTS
CHAPTER 36. ENFORCEMENT OF JUDGMENTS OF OTHER COUNTRIES
Sec. 36.001. DEFINITIONS. In this chapter:
(1) "Foreign country" means a governmental unit other than:
(A) the United States;
(B) a state, district, commonwealth, territory, or insular
possession of the United States;
(C) the Panama Canal Zone; or
(D) the Trust Territory of the Pacific Islands.
(2) "Foreign country judgment" means a judgment of a foreign
country granting or denying a sum of money other than a judgment
for:
(A) taxes, a fine, or other penalty; or
(B) support in a matrimonial or family matter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 36.002. APPLICABILITY. (a) This chapter applies to a
foreign country judgment:
(1) that is final and conclusive and enforceable where rendered,
even though an appeal is pending or the judgment is subject to
appeal; or
(2) that is in favor of the defendant on the merits of the cause
of action and is final and conclusive where rendered, even though
an appeal is pending or the judgment is subject to appeal.
(b) This chapter does not apply to a judgment rendered before
June 17, 1981.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 36.003. SHORT TITLE. This chapter may be cited as the
Uniform Foreign Country Money-Judgment Recognition Act.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 36.004. RECOGNITION AND ENFORCEMENT. Except as provided by
Section 36.005, a foreign country judgment that is filed with
notice given as provided by this chapter, that meets the
requirements of Section 36.002, and that is not refused
recognition under Section 36.0044 is conclusive between the
parties to the extent that it grants or denies recovery of a sum
of money. The judgment is enforceable in the same manner as a
judgment of a sister state that is entitled to full faith and
credit.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by Acts 1989, 71st Leg., ch. 402, Sec. 1, eff. June 14,
1989.
Sec. 36.0041. FILING. A copy of a foreign country judgment
authenticated in accordance with an act of congress, a statute of
this state, or a treaty or other international convention to
which the United States is a party may be filed in the office of
the clerk of a court in the county of residence of the party
against whom recognition is sought or in any other court of
competent jurisdiction as allowed under the Texas venue laws.
Added by Acts 1989, 71st Leg., ch. 402, Sec. 2, eff. June 14,
1989.
Sec. 36.0042. AFFIDAVIT; NOTICE OF FILING. (a) At the time a
foreign country judgment is filed, the party seeking recognition
of the judgment or the party's attorney shall file with the clerk
of the court an affidavit showing the name and last known post
office address of the judgment debtor and the judgment creditor.
(b) The clerk shall promptly mail notice of the filing of the
foreign country judgment to the party against whom recognition is
sought at the address given and shall note the mailing in the
docket.
(c) The notice must include the name and post office address of
the party seeking recognition and that party's attorney, if any,
in this state.
Added by Acts 1989, 71st Leg., ch. 402, Sec. 3, eff. June 14,
1989.
Sec. 36.0043. ALTERNATE NOTICE OF FILING. (a) The party
seeking recognition may mail a notice of the filing of the
foreign country judgment to the other party and may file proof of
mailing with the clerk.
(b) A clerk's lack of mailing the notice of filing does not
affect the conclusive recognition of the foreign country judgment
under this chapter if proof of mailing by the party seeking
recognition has been filed.
Added by Acts 1989, 71st Leg., ch. 402, Sec. 4, eff. June 14,
1989.
Sec. 36.0044. CONTESTING RECOGNITION. (a) A party against whom
recognition of a foreign country judgment is sought may contest
recognition of the judgment if, not later than the 30th day after
the date of service of the notice of filing, the party files with
the court, and serves the opposing party with a copy of, a motion
for nonrecognition of the judgment on the basis of one or more
grounds under Section 36.005. If the party is domiciled in a
foreign country, the party must file the motion for
nonrecognition not later than the 60th day after the date of
service of the notice of filing.
(b) The party filing the motion for nonrecognition shall include
with the motion all supporting affidavits, briefs, and other
documentation.
(c) A party opposing the motion must file any response,
including supporting affidavits, briefs, and other documentation,
not later than the 20th day after the date of service on that
party of a copy of the motion for nonrecognition.
(d) The court may, on motion and notice, grant an extension of
time, not to exceed 20 days unless good cause is shown, for the
filing of a response or any document that is required to
establish a ground for nonrecognition but that is not available
within the time for filing the document.
(e) A party filing a motion for nonrecognition or responding to
the motion may request an evidentiary hearing that the court may
allow in its discretion.
(f) The court may at any time permit or require the submission
of argument, authorities, or supporting material in addition to
that provided for by this section.
(g) The court may refuse recognition of the foreign country
judgment if the motions, affidavits, briefs, and other evidence
before it establish grounds for nonrecognition as specified in
Section 36.005, but the court may not, under any circumstances,
review the foreign country judgment in relation to any matter not
specified in Section 36.005.
Added by Acts 1989, 71st Leg., ch. 402, Sec. 5, eff. June 14,
1989.
Sec. 36.005. GROUNDS FOR NONRECOGNITION. (a) A foreign country
judgment is not conclusive if:
(1) the judgment was rendered under a system that does not
provide impartial tribunals or procedures compatible with the
requirements of due process of law;
(2) the foreign country court did not have personal jurisdiction
over the defendant; or
(3) the foreign country court did not have jurisdiction over the
subject matter.
(b) A foreign country judgment need not be recognized if:
(1) the defendant in the proceedings in the foreign country
court did not receive notice of the proceedings in sufficient
time to defend;
(2) the judgment was obtained by fraud;
(3) the cause of action on which the judgment is based is
repugnant to the public policy of this state;
(4) the judgment conflicts with another final and conclusive
judgment;
(5) the proceeding in the foreign country 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;
(6) in the case of jurisdiction based only on personal service,
the foreign country court was a seriously inconvenient forum for
the trial of the action; or
(7) it is established that the foreign country in which the
judgment was rendered does not recognize judgments rendered in
this state that, but for the fact that they are rendered in this
state, conform to the definition of "foreign country judgment."
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 36.006. PERSONAL JURISDICTION. (a) A court may not refuse
to recognize a foreign country judgment for lack of personal
jurisdiction if:
(1) the defendant was served personally in the foreign country;
(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 country
court with respect to the subject matter involved;
(4) the defendant was domiciled in the foreign country when the
proceedings were instituted or, if the defendant is a body
corporate, had its principal place of business, was incorporated,
or had otherwise acquired corporate status in the foreign
country;
(5) the defendant had a business office in the foreign country
and the proceedings in the foreign country court involved a cause
of action arising out of business done by the defendant through
that office in the foreign country; or
(6) the defendant operated a motor vehicle or airplane in the
foreign country and the proceedings involved a cause of action
arising out of operation of the motor vehicle or airplane.
(b) A court of this state may recognize other bases of
jurisdiction.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 36.007. STAY IN CASE OF APPEAL. If the defendant satisfies
the court either that an appeal is pending or that the defendant
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 a period of time sufficient to enable
the defendant to prosecute the appeal has expired.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 36.008. OTHER FOREIGN COUNTRY JUDGMENTS. This chapter does
not prevent the recognition of a foreign country judgment in a
situation not covered by this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.