Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 132 (2020GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates definitions regarding a foreign county and a foreign-country judgment;
• requires that for a foreign-country judgment to be covered by the Uniform Foreign-County Money Judgments Recognition Act (the Act), the judgment must grant or deny the recovery of a sum of money and be final, conclusive, and enforceable under the law of the foreign county where the judgment was rendered;
• excludes certain foreign-country judgments from coverage of the Act;
• provides the grounds for which a court may deny recognition of a foreign-country judgment;
• provides the procedure for seeking to enforce a foreign-country judgment;
• provides the effect on the parties of a court recognizing a foreign-country money judgment;
• allows for the stay of proceedings regarding a foreign-money judgment in certain circumstances;
• provides a statute of limitations on enforcement of a foreign-country money judgment;
• addresses uniformity of the law;
• addresses enforcement of foreign-country money judgments not covered by the Act; and
• provides that the Act applies to actions commenced after May 12, 2020.

Every vote on this bill

Bill text

UNIFORM FOREIGN-COUNTRY MONEY JUDGMENT
RECOGNITION ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill enacts the Uniform Foreign-Country Money Judgments Recognition Act.
Highlighted Provisions:
This bill:
▸ creates definitions regarding a foreign county and a foreign-country judgment;
▸ requires that for a foreign-country judgment to be covered by the Uniform
Foreign-County Money Judgments Recognition Act (the Act), the judgment must
grant or deny the recovery of a sum of money and be final, conclusive, and
enforceable under the law of the foreign county where the judgment was rendered;
▸ excludes certain foreign-country judgments from coverage of the Act;
▸ provides the grounds for which a court may deny recognition of a foreign-country
judgment;
▸ provides the procedure for seeking to enforce a foreign-country judgment;
▸ provides the effect on the parties of a court recognizing a foreign-country money
judgment;
▸ allows for the stay of proceedings regarding a foreign-money judgment in certain
circumstances;
▸ provides a statute of limitations on enforcement of a foreign-country money
judgment;
▸ addresses uniformity of the law;
▸ addresses enforcement of foreign-country money judgments not covered by the Act;
and
▸ provides that the Act applies to actions commenced after May 12, 2020.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
78B-5-450
, Utah Code Annotated 1953
78B-5-451
, Utah Code Annotated 1953
78B-5-452
, Utah Code Annotated 1953
78B-5-453
, Utah Code Annotated 1953
78B-5-454
, Utah Code Annotated 1953
78B-5-455
, Utah Code Annotated 1953
78B-5-456
, Utah Code Annotated 1953
78B-5-457
, Utah Code Annotated 1953
78B-5-458
, Utah Code Annotated 1953
78B-5-459
, Utah Code Annotated 1953
78B-5-460
, Utah Code Annotated 1953
78B-5-461
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78B-5-450
 is enacted to read:
Part 4a. Uniform Foreign-Country Money Judgments Recognition Act
 78B-5-450.
Title.
This part is known as the "Uniform Foreign-Country Money Judgments Recognition
Act."
Section 2. Section 
78B-5-451
 is enacted to read:
 78B-5-451.
Definitions.
As used in this part:
(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
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.
Section 3. Section 
78B-5-452
 is enacted to read:
 78B-5-452.
Applicability.
(1) Except as otherwise provided in Subsection (2), this part applies to a
foreign-country judgment to the extent that the judgment:
(a) grants or denies the recovery of a sum of money; and
(b) under the law of the foreign country where rendered, is final, conclusive, and
enforceable.
(2) This part does not apply to a foreign-country judgment, even if the judgment grants
or denies the recovery of a sum of money, to the extent that 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 part applies to the foreign-country judgment.
Section 4. Section 
78B-5-453
 is enacted to read:
 78B-5-453.
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 part 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 may decline to 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 the party's 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 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.
Section 5. Section 
78B-5-454
 is enacted to read:
 78B-5-454.
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, except 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 the corporation's
or organization's 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 describing the grounds for personal jurisdiction in Subsection (1) is not
exclusive.
(3) A court of this state may recognize grounds for personal jurisdiction other than
those described in Subsection (1) as sufficient to support a foreign-country judgment.
Section 6. Section 
78B-5-455
 is enacted to read:
 78B-5-455.
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 shall 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.
Section 7. Section 
78B-5-456
 is enacted to read:
 78B-5-456.
Effect of recognition of foreign-country judgment.
If the court in a proceeding under Section 
78B-5-455
 finds that the foreign-country
judgment is entitled to recognition under this part, the foreign-country judgment, to the extent
that the foreign-country judgment grants or denies recovery of a sum of money, 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.
Section 8. Section 
78B-5-457
 is enacted to read:
 78B-5-457.
Stay of proceedings pending appeal of foreign-country judgment.
If a party establishes that an appeal from a foreign-country judgment is pending or an
appeal will be taken, the court may stay any proceedings with regard to the foreign-country
judgment until:
(1) the appeal is concluded;
(2) the time for appeal expires; or
(3) the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Section 9. Section 
78B-5-458
 is enacted to read:
 78B-5-458.
Statute of limitations.
An action to recognize a foreign-country judgment shall be commenced within the
earlier of:
(1) the time during which the foreign-country judgment is effective in the foreign
country; or
(2) 15 years from the day on which the foreign-country judgment became effective in
the foreign country.
Section 10. Section 
78B-5-459
 is enacted to read:
 78B-5-459.
Uniformity of interpretation.
In applying and construing this uniform act, consideration shall be given to the need to
promote uniformity of the law with respect to the subject matter of the uniform act among
states that enact the uniform act.
Section 11. Section 
78B-5-460
 is enacted to read:
 78B-5-460.
Saving clause.
This part does not prevent the recognition under principles of comity or otherwise of a
foreign-country judgment not within the scope of this part.
Section 12. Section 
78B-5-461
 is enacted to read:
 78B-5-461.
Application to future actions.
This part applies to all actions commenced on or after May 12, 2020, in which the issue
of recognition of a foreign-country judgment is raised.