Bill Text: IN HB1548 | 2011 | Regular Session | Enrolled
Bill Title: Recognition of foreign country money judgments.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1548 Detail]
Download: Indiana-2011-HB1548-Enrolled.html
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AN ACT to amend the Indiana Code concerning civil procedure.
(1) The time during which the foreign country judgment is effective in the foreign country.
(2) Ten (10) years after the date the foreign country judgment became effective in the foreign country.
Chapter 12. Uniform Act for the Recognition of Foreign Country Money Judgments
Sec. 1. (a) Except as provided in subsection (b), this chapter applies to a foreign country judgment to the extent that the judgment:
(1) grants or denies recovery of a sum of money; and
(2) under the law of the foreign country where rendered, is
final, conclusive, and enforceable.
(b) This chapter does not apply to a foreign country judgment,
even if the judgment grants or denies recovery of a sum of money,
to the extent that the judgment is:
(1) a judgment for taxes;
(2) a fine or other penalty; or
(3) a judgment for divorce, support, or maintenance, or other
judgment rendered in connection with domestic relations.
(c) A party seeking recognition of a foreign country judgment
has the burden of establishing that this chapter applies to the
foreign country judgment.
Sec. 2. The following definitions apply throughout this chapter:
(1) "Foreign country" means a government other than:
(A) the United States;
(B) a state, district, commonwealth, territory, or insular
possession of the United States; or
(C) any other government with regard to which the
decision in Indiana as to whether to recognize a judgment
of that government's courts is initially subject to
determination under the Full Faith and Credit Clause of
the United States Constitution.
(2) "Foreign country judgment" means a judgment of a court
of a foreign country.
Sec. 3. (a) Except as provided in subsections (b) and (c), a court
shall recognize a foreign country judgment to which this chapter
applies.
(b) A court may not recognize a foreign country judgment if:
(1) the judgment was rendered under a judicial system that
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
matter.
(c) A court is not required to recognize a foreign country
judgment if:
(1) the defendant in the proceeding in the foreign court did
not receive notice of the proceeding in sufficient time to
enable the defendant to defend;
(2) the judgment was obtained by fraud that deprived the
losing party of an adequate opportunity to present its case;
(3) the judgment or the cause of action on which the judgment
is based is repugnant to the public policy of Indiana or of the
United States;
(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 determined otherwise than by proceedings
in that foreign court;
(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;
(7) the judgment was rendered in circumstances that raise
substantial doubt about the integrity of the rendering court
with respect to the judgment; or
(8) the specific proceeding in the foreign court leading to the
judgment was not compatible with the requirements of due
process of law.
(d) A party resisting recognition of a foreign country judgment
has the burden of establishing that a ground for nonrecognition
stated in subsection (b) or (c) exists.
Sec. 4. (a) A foreign country judgment may not be refused
recognition for lack of personal jurisdiction if:
(1) the defendant was served with process personally in the
foreign country;
(2) the defendant voluntarily appeared in the proceeding,
other than for the purpose of protecting property seized or
threatened with seizure in the proceeding or of contesting the
jurisdiction of the court over the defendant;
(3) the defendant, before the commencement of the
proceeding, 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 country when
the proceeding was instituted or was a corporation or other
form of business organization that had its principal place of
business in, or was organized under the laws of, the foreign
country;
(5) the defendant had a business office in the foreign country
and the proceeding in the foreign 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 proceeding involved a cause of action
arising out of that operation.
(b) The list of bases for personal jurisdiction in subsection (a) is
not exclusive. A court may recognize bases of personal jurisdiction
other than those listed in subsection (a) as sufficient to support a
foreign country judgment.
Sec. 5. (a) If recognition of a foreign country judgment is sought
as an original matter, the issue of recognition shall be raised by
filing an action seeking recognition of the foreign country
judgment.
(b) If recognition of a foreign country judgment is sought in a
pending action, the issue of recognition may be raised by
counterclaim, cross-claim, or affirmative defense.
Sec. 6. If the court in a proceeding under section 5 of this
chapter finds that the foreign country judgment is entitled to
recognition under this chapter then, to the extent that the foreign
country judgment grants or denies recovery of a sum of money, the
foreign country judgment is:
(1) conclusive between the parties to the same extent as the
judgment of a sister state entitled to full faith and credit in
Indiana would be conclusive; and
(2) enforceable in the same manner and to the same extent as
a judgment rendered in Indiana.
Sec. 7. If a party establishes that an appeal from a foreign
country judgment is pending or will be taken, the court may stay
any proceedings with regard to the foreign country judgment in
accordance with the Indiana rules of trial procedure.
Sec. 8. In applying and construing this chapter, consideration
must be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
Sec. 9. This chapter does not prevent the recognition under
principles of comity or otherwise of a foreign country judgment not
within the scope of this chapter.
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