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S1012................................................by JUDICIARY AND RULES
UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT - Repeals and adds
to existing law relating to the "Uniform Foreign Country Money Judgments
Recognition Act" to provide a short title; to define terms; to provide
applicability; to set forth standards for recognition of foreign country
judgments; to provide for personal jurisdiction; to set forth a procedure
for recognition of foreign country judgments; to provide for effect of
recognition of foreign country judgments; to provide for a stay of
proceedings pending appeal of a foreign country judgment; to provide a
statute of limitations; and to provide for uniformity of interpretation.
01/16 Senate intro - 1st rdg - to printing
01/17 Rpt prt - to Jud
01/25 Rpt out - rec d/p - to 2nd rdg
01/26 2nd rdg - to 3rd rdg
01/31 3rd rdg - PASSED - 31-4-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, McGee, Richardson, Schroeder, Siddoway, Stegner,
Stennett, Werk
NAYS -- Fulcher, McKague, McKenzie, Pearce
Absent and excused -- None
Floor Sponsor - Davis
Title apvd - to House
02/01 House intro - 1st rdg - to Jud
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 58-8-4
AYES -- Anderson, Andrus, Bayer, Bell, Bilbao, Block, Bock, Boe,
Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins,
Crane, Durst, Edmunson, Eskridge, Henbest, Henderson, Jaquet, Killen,
King, Kren, Lake, LeFavour, Loertscher, Luker, Marriott, McGeachin,
Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn,
Trail, Wills, Wood(27), Mr. Speaker
NAYS -- Barrett, Hagedorn, Harwood, Mathews, Mortimer, Patrick,
Vander Woude, Wood(35)
Absent and excused -- Bedke, Black, Hart, Labrador
Floor Sponsor - Nielsen
Title apvd - to Senate
03/07 To enrol
03/08 Rpt enrol - Pres signed - Sp signed
03/09 To Governor
03/12 Governor signed
Session Law Chapter 46
Effective: 07/01/07 for actions commenced on or
after that date
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1012
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT;
3 REPEALING CHAPTER 14, TITLE 10, IDAHO CODE; AMENDING TITLE 10, IDAHO CODE,
4 BY THE ADDITION OF A NEW CHAPTER 14, TITLE 10, IDAHO CODE, TO PROVIDE A
5 SHORT TITLE, TO DEFINE TERMS, TO PROVIDE APPLICABILITY, TO SET FORTH STAN-
6 DARDS FOR RECOGNITION OF FOREIGN COUNTRY JUDGMENTS, TO PROVIDE FOR PER-
7 SONAL JURISDICTION, TO SET FORTH A PROCEDURE FOR RECOGNITION OF FOREIGN
8 COUNTRY JUDGMENTS, TO PROVIDE FOR THE EFFECT OF RECOGNITION OF FOREIGN
9 COUNTRY JUDGMENTS, TO PROVIDE FOR A STAY OF PROCEEDINGS PENDING APPEAL OF
10 A FOREIGN COUNTRY JUDGMENT, TO PROVIDE A STATUTE OF LIMITATIONS, TO PRO-
11 VIDE FOR UNIFORMITY OF INTERPRETATION, TO PROVIDE A SAVINGS CLAUSE; AND
12 PROVIDING AN EFFECTIVE DATE AND APPLICABILITY.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Chapter 14, Title 10, Idaho Code, be, and the same is
15 hereby repealed.
16 SECTION 2. That Title 10, Idaho Code, be, and the same is hereby amended
17 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
18 ter 14, Title 10, Idaho Code, and to read as follows:
19 CHAPTER 14
20 UNIFORM FOREIGN COUNTRY MONEY JUDGMENTS RECOGNITION ACT
21 10-1401. SHORT TITLE. This chapter shall be known and may be cited as the
22 "Uniform Foreign Country Money Judgments Recognition Act."
23 10-1402. DEFINITIONS. In this chapter:
24 (1) "Foreign country" means a government other than:
25 (a) The United States;
26 (b) A state, district, commonwealth, territory or insular possession of
27 the United States; or
28 (c) Any other government with regard to which the decision in this state
29 as to whether to recognize a judgment of that government's courts is ini-
30 tially subject to determination under the full faith and credit clause of
31 the United States Constitution.
32 (2) "Foreign country judgment" means a judgment of a court of a foreign
33 country.
34 10-1403. APPLICABILITY. (1) Except as otherwise provided in subsection
35 (2) of this section, this chapter applies to a foreign country judgment to the
36 extent that the judgment:
37 (a) Grants or denies recovery of a sum of money; and
38 (b) Under the law of the foreign country where rendered, is final, con-
39 clusive and enforceable.
2
1 (2) This chapter does not apply to a foreign country judgment, even if
2 the judgment grants or denies recovery of a sum of money, to the extent that
3 the judgment is:
4 (a) A judgment for taxes;
5 (b) A fine or other penalty; or
6 (c) A judgment for divorce, support, or maintenance, or other judgment
7 rendered in connection with domestic relations.
8 (3) A party seeking recognition of a foreign country judgment has the
9 burden of establishing that this chapter applies to the foreign country judg-
10 ment.
11 10-1404. STANDARDS FOR RECOGNITION OF FOREIGN COUNTRY JUDGMENT. (1)
12 Except as otherwise provided in subsections (2) and (3) of this section, a
13 court of this state shall recognize a foreign country judgment to which this
14 chapter applies.
15 (2) A court of this state may not recognize a foreign country judgment
16 if:
17 (a) The judgment was rendered under a judicial system that does not pro-
18 vide impartial tribunals or procedures compatible with the requirements of
19 due process of law;
20 (b) The foreign court did not have personal jurisdiction over the defend-
21 ant; or
22 (c) The foreign court did not have jurisdiction over the subject matter.
23 (3) A court of this state need not recognize a foreign country judgment
24 if:
25 (a) The defendant in the proceeding in the foreign court did not receive
26 notice of the proceeding in sufficient time to enable the defendant to
27 defend;
28 (b) The judgment was obtained by fraud that deprived the losing party of
29 an adequate opportunity to present its case;
30 (c) The judgment or the claim for relief on which the judgment is based
31 is repugnant to the public policy of this state or of the United States;
32 (d) The judgment conflicts with another final and conclusive judgment;
33 (e) The proceeding in the foreign court was contrary to an agreement
34 between the parties under which the dispute in question was to be deter-
35 mined otherwise than by proceedings in that foreign court;
36 (f) In the case of jurisdiction based only on personal service, the for-
37 eign court was a seriously inconvenient forum for the trial of the action;
38 (g) The judgment was rendered in circumstances that raise substantial
39 doubt about the integrity of the rendering court with respect to the judg-
40 ment; or
41 (h) The specific proceeding in the foreign court leading to the judgment
42 was not compatible with the requirements of due process of law.
43 (4) A party resisting recognition of a foreign country judgment has the
44 burden of establishing that a ground for nonrecognition stated in subsection
45 (2) or (3) of this section exists.
46 10-1405. PERSONAL JURISDICTION. (1) A foreign country judgment may not be
47 refused recognition for lack of personal jurisdiction if:
48 (a) The defendant was served with process personally in the foreign coun-
49 try;
50 (b) The defendant voluntarily appeared in the proceeding, other than for
51 the purpose of protecting property seized or threatened with seizure in
52 the proceeding or of contesting the jurisdiction of the court over the
53 defendant;
3
1 (c) The defendant, before the commencement of the proceeding, had agreed
2 to submit to the jurisdiction of the foreign court with respect to the
3 subject matter involved;
4 (d) The defendant was domiciled in the foreign country when the proceed-
5 ing was instituted or was a corporation or other form of business organi-
6 zation that had its principal place of business in, or was organized under
7 the laws of, the foreign country;
8 (e) The defendant had a business office in the foreign country and the
9 proceeding in the foreign court involved a claim for relief arising out of
10 business done by the defendant through that office in the foreign country;
11 or
12 (f) The defendant operated a motor vehicle or airplane in the foreign
13 country and the proceeding involved a claim for relief arising out of that
14 operation.
15 (2) The list of bases for personal jurisdiction in subsection (1) of this
16 section is not exclusive. The courts of this state may recognize bases of per-
17 sonal jurisdiction other than those listed in subsection (1) of this section
18 as sufficient to support a foreign country judgment.
19 10-1406. PROCEDURE FOR RECOGNITION OF FOREIGN COUNTRY JUDGMENT. (1) If
20 recognition of a foreign country judgment is sought as an original matter, the
21 issue of recognition shall be raised by filing an action seeking recognition
22 of the foreign country judgment.
23 (2) If recognition of a foreign country judgment is sought in a pending
24 action, the issue of recognition may be raised by counterclaim, cross-claim,
25 or affirmative defense.
26 10-1407. EFFECT OF RECOGNITION OF FOREIGN COUNTRY JUDGMENT. If the court
27 in a proceeding under section 10-1406, Idaho Code, finds that the foreign
28 country judgment is entitled to recognition under this chapter then, to the
29 extent that the foreign country judgment grants or denies recovery of a sum of
30 money, the foreign country judgment is:
31 (1) Conclusive between the parties to the same extent as the judgment of
32 a sister state entitled to full faith and credit in this state would be con-
33 clusive; and
34 (2) Enforceable in the same manner and to the same extent as a judgment
35 rendered in this state.
36 10-1408. STAY OF PROCEEDINGS PENDING APPEAL OF FOREIGN COUNTRY JUDGMENT.
37 If a party establishes that an appeal from a foreign country judgment is pend-
38 ing or will be taken, the court may stay any proceedings with regard to the
39 foreign country judgment until the appeal is concluded, the time for appeal
40 expires, or the appellant has had sufficient time to prosecute the appeal and
41 has failed to do so.
42 10-1409. STATUTE OF LIMITATIONS. An action to recognize a foreign country
43 judgment must be commenced within the earlier of the time during which the
44 foreign country judgment is effective in the foreign country or fifteen (15)
45 years from the date that the foreign country judgment became effective in the
46 foreign country.
47 10-1410. UNIFORMITY OF INTERPRETATION. In applying and construing this
48 uniform act, consideration must be given to the need to promote uniformity of
49 the law with respect to its subject matter among states that enact it.
4
1 10-1411. SAVINGS CLAUSE. This chapter does not prevent the recognition
2 under principles of comity or otherwise of a foreign country judgment not
3 within the scope of this chapter.
4 SECTION 3. This act shall be in full force and effect on and after July
5 1, 2007, and shall apply to all actions commenced on or after July 1, 2007, in
6 which the issue of recognition of a foreign country judgment is raised.
STATEMENT OF PURPOSE
RS 16453
This legislation enacts the Uniform Foreign-Country Money
Judgments Recognition Act. This legislation was drafted and
approved by the National Conference of Commissioners on Uniform
State Laws at its 2005 annual meeting, and is recommended by the
Idaho Uniform Law Commission for adoption in Idaho. The
legislation has been approved by the American Bar Association.
The legislation revises the Uniform Foreign Money-Judgments
Recognition Act of 1962 (Idaho Code 10-1401-10-1409), which
simplified international business by recognizing money judgments
obtained in other nations for the purpose of enforcement. This
revision updates the 1962 Act, clarifying its provisions, and
correcting problems created by the interpretation of provisions
of that Act by the courts over the years since its promulgation.
FISCAL NOTE
This act will have no fiscal impact on the General Fund.
Contact
Name: Rex Blackburn, Blackburn & Jones LLP
Phone: 208-489-8989
STATEMENT OF PURPOSE/FISCAL NOTE S 1012