© 2001-2004 Henrik Spang-Hanssen
hssph "at" yahoo "dot" com
U.S. Uniform Foreign Money-Judgments Recognition Act1
Drafted by the Conference of Commissioners on Uniform
As used in this Act: (1) "foreign state" means any governmental
unit other than the United States, or any state, district, commonwealth,
territory, insular possession thereof, or the Panama Canal Zone, the Trust
Territory of the Pacific Islands, or the Ryukyu Islands; (2) "foreign
judgment" 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.
This Act applies to any foreign judgment that is final and conclusive and
enforceable where rendered even though an appeal therefrom is pending or
it is subject to appeal.
§3. Recognition and Enforcement
Except as provided in section 4, a foreign judgment meeting the
requirements of section 2 is conclusive between the parties to the extent
that it grants or denies recovery of a sum of money. The foreign judgment
is enforceable in the same manner as the judgment of a sister state which
is entitled to full faith and credit.
§4. Grounds for Non-recognition
- (a) A foreign 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;
or (3) the foreign court did not have jurisdiction over the subject
- (b) A foreign judgment need not be recognized if (1) the defendant in
the proceedings in the foreign court did not receive notice of the
proceedings in sufficient time to enable him to defend; (2) the judgment
was obtained by fraud; (3) the [cause of action] [claim for relief] 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 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 (6) in the
case of jurisdiction based only on personal service, the foreign court
was a seriously inconvenient forum for the trial of the action.
§5. Personal Jurisdiction
- (a) The foreign 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] [claim for relief] 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] [claim for relief] arising out
of such operation.
- (b) The courts of this state may recognize other bases of
§6. 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 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.
§7. Savings Clause
This Act does not prevent the recognition of a foreign judgment in
situations not covered by this Act.
§8. Uniformity of Interpretation
This Act shall be so construed as to effectuate its general purpose to
make uniform the law of those states which enact it.
§9. Short Title
This Act may be cited as the Uniform Foreign Money-Judgments Recognition
The following Acts are repealed: (1) (2)
§11. Time of Taking Effect
This Act shall take effect _______.
List of jurisdictions where the Model Act has been adopted can be found
in Westlaw under "ULA F Money Jmt".