# Title 28 — Judicial Procedure, Civil

## Chapter 28-20.3 — Uniform Foreign Money Judgments Recognition Act

### § 28-20.3-01. Definitions.

As used in 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 this state as to
whether to recognize a judgment of that government's courts is initially subject to
determination under section 1 of article IV of the Constitution of the United States.
2. "Foreign-country judgment" means a judgment of a court of a foreign country.
### § 28-20.3-02. Applicability.

1. Except as otherwise provided in subsection 2, this chapter applies to a foreign-country
judgment to the extent the judgment:
a. Grants or denies recovery of a sum of money; and
b. Under the law of the foreign country where rendered, is final, conclusive and
enforceable.
2. 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 the judgment is:
a. A judgment for taxes;
b. A fine or other penalty; or
c. A judgment for divorce, support, or maintenance, or other judgment rendered in
connection with domestic relations.
3. A party seeking recognition of a foreign-country judgment has the burden of
establishing that this chapter applies to the foreign-country judgment.
### § 28-20.3-03. Standards for recognition of foreign-country judgment.

1. Except as otherwise provided in subsections 2 and 3, a court of this state shall
recognize a foreign-country judgment to which this chapter applies.
2. A court of this state may not recognize a foreign-country judgment if:
a. 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;
b. The foreign court did not have personal jurisdiction over the defendant; or
c. The foreign court did not have jurisdiction over the subject matter.
3. A court of this state need not recognize a foreign-country judgment if:
a. 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;
b. The judgment was obtained by fraud that deprived the losing party of an
adequate opportunity to present its case;
c. The judgment or the cause of action on which the judgment is based is repugnant
to the public policy of this state or of the United States;
d. The judgment conflicts with another final and conclusive judgment;
e. 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;
f. In the case of jurisdiction based only on personal service, the foreign court was a
seriously inconvenient forum for the trial of the action;
g. The judgment was rendered in circumstances that raise substantial doubt about
the integrity of the rendering court with respect to the judgment; or
h. The specific proceeding in the foreign court leading to the judgment was not
compatible with the requirements of due process of law.

4. A party resisting recognition of a foreign-country judgment has the burden of
establishing that a ground for nonrecognition stated in subsection 2 or 3 exists.
### § 28-20.3-04. Personal jurisdiction.

1. A foreign-country judgment may not be refused recognition for lack of personal
jurisdiction if:
a. The defendant was served with process personally in the foreign country;
b. 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;
c. 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;
d. 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;
e. 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
f. 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.
2. The list of bases for personal jurisdiction in subsection 1 is not exclusive. The courts of
this state may recognize bases of personal jurisdiction other than those listed in
subsection 1 as sufficient to support a foreign-country judgment.
### § 28-20.3-05. Procedure for recognition of foreign-country judgment.

1. If recognition of a foreign-country judgment is sought as an original matter, the issue of
recognition must be raised by filing an action seeking recognition of the foreign-country
judgment.
2. 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.
### § 28-20.3-06. Effect of recognition of foreign-country judgment.

If the court in a proceeding under section 28-20.3-05 finds the foreign-country judgment is
entitled to recognition under this chapter then, to the extent 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 this state would be conclusive; and
2. Enforceable in the same manner and to the same extent as a judgment rendered in
this state.
### § 28-20.3-07. Stay of proceedings pending appeal of foreign-country judgment.

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 until the
appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to
prosecute the appeal and has failed to do so.
### § 28-20.3-08. Statute of limitations.

An action to recognize a foreign-country judgment must be commenced within the earlier of
the time during which the foreign-country judgment is effective in the foreign country or fifteen
years from the date the foreign-country judgment became effective in the foreign country.

### § 28-20.3-09. Uniformity of interpretation.

In applying and construing this uniform 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.
