2005 Texas Civil Practice & Remedies Code CHAPTER 36. ENFORCEMENT OF JUDGMENTS OF OTHER COUNTRIES

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 36. ENFORCEMENT OF JUDGMENTS OF OTHER COUNTRIES


	§ 36.001. DEFINITIONS.  In this chapter:                                    
		(1)  "Foreign country" means a governmental unit other 
than:                
			(A)  the United States;                                                      
			(B)  a state, district, commonwealth, territory, 
or insular possession of the United States;
			(C)  the Panama Canal Zone;  or                                              
			(D)  the Trust Territory of the Pacific Islands.                             
		(2)  "Foreign country judgment" means a judgment of a 
foreign country granting or denying a sum of money other than a 
judgment for:
			(A)  taxes, a fine, or other penalty;  or                                    
			(B)  support in a matrimonial or family matter.                              

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    


	§ 36.002. APPLICABILITY.  (a) This chapter applies to a 
foreign country judgment:
		(1)  that is final and conclusive and enforceable where 
rendered, even though an appeal is pending or the judgment is 
subject to appeal;  or
		(2)  that is in favor of the defendant on the merits of 
the cause of action and is final and conclusive where rendered, even 
though an appeal is pending or the judgment is subject to appeal.
	(b)  This chapter does not apply to a judgment rendered 
before June 17, 1981.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    


	§ 36.003. SHORT TITLE.  This chapter may be cited as the 
Uniform Foreign Country Money-Judgment Recognition Act.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    


	§ 36.004. RECOGNITION AND ENFORCEMENT.  Except as 
provided by Section 36.005, a foreign country judgment that is 
filed with notice given as provided by this chapter, that meets the 
requirements of Section 36.002, and that is not refused recognition 
under Section 36.0044 is conclusive between the parties to the 
extent that it grants or denies recovery of a sum of money.  The 
judgment is enforceable in the same manner as a judgment of a sister 
state that is entitled to full faith and credit.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1989, 71st Leg., ch. 402, § 1, eff. June 14, 1989.


	§ 36.0041. FILING.  A copy of a foreign country judgment 
authenticated in accordance with an act of congress, a statute of 
this state, or a treaty or other international convention to which 
the United States is a party may be filed in the office of the clerk 
of a court in the county of residence of the party against whom 
recognition is sought or in any other court of competent 
jurisdiction as allowed under the Texas venue laws.

Added by Acts 1989, 71st Leg., ch. 402, § 2, eff. June 14, 1989.           


	§ 36.0042. AFFIDAVIT;  NOTICE OF FILING.  (a) At the time 
a foreign country judgment is filed, the party seeking recognition 
of the judgment or the party's attorney shall file with the clerk of 
the court an affidavit showing the name and last known post office 
address of the judgment debtor and the judgment creditor.
	(b)  The clerk shall promptly mail notice of the filing of 
the foreign country judgment to the party against whom recognition 
is sought at the address given and shall note the mailing in the 
docket.
	(c)  The notice must include the name and post office address 
of the party seeking recognition and that party's attorney, if any, 
in this state.

Added by Acts 1989, 71st Leg., ch. 402, § 3, eff. June 14, 1989.           


	§ 36.0043. ALTERNATE NOTICE OF FILING.  (a) The party 
seeking recognition may mail a notice of the filing of the foreign 
country judgment to the other party and may file proof of mailing 
with the clerk.
	(b)  A clerk's lack of mailing the notice of filing does not 
affect the conclusive recognition of the foreign country judgment 
under this chapter if proof of mailing by the party seeking 
recognition has been filed.

Added by Acts 1989, 71st Leg., ch. 402, § 4, eff. June 14, 1989.           


	§ 36.0044. CONTESTING RECOGNITION.  (a) A party against 
whom recognition of a foreign country judgment is sought may 
contest recognition of the judgment if, not later than the 30th day 
after the date of service of the notice of filing, the party files 
with the court, and serves the opposing party with a copy of, a 
motion for nonrecognition of the judgment on the basis of one or 
more grounds under Section 36.005.  If the party is domiciled in a 
foreign country, the party must file the motion for nonrecognition 
not later than the 60th day after the date of service of the notice 
of filing.
	(b)  The party filing the motion for nonrecognition shall 
include with the motion all supporting affidavits, briefs, and 
other documentation.
	(c)  A party opposing the motion must file any response, 
including supporting affidavits, briefs, and other documentation, 
not later than the 20th day after the date of service on that party 
of a copy of the motion for nonrecognition.
	(d)  The court may, on motion and notice, grant an extension 
of time, not to exceed 20 days unless good cause is shown, for the 
filing of a response or any document that is required to establish a 
ground for nonrecognition but that is not available within the time 
for filing the document.
	(e)  A party filing a motion for nonrecognition or responding 
to the motion may request an evidentiary hearing that the court may 
allow in its discretion.
	(f)  The court may at any time permit or require the 
submission of argument, authorities, or supporting material in 
addition to that provided for by this section.
	(g)  The court may refuse recognition of the foreign country 
judgment if the motions, affidavits, briefs, and other evidence 
before it establish grounds for nonrecognition as specified in 
Section 36.005, but the court may not, under any circumstances, 
review the foreign country judgment in relation to any matter not 
specified in Section 36.005.

Added by Acts 1989, 71st Leg., ch. 402, § 5, eff. June 14, 1989.           


	§ 36.005. GROUNDS FOR NONRECOGNITION.  (a) A foreign 
country judgment is not conclusive if:
		(1)  the judgment was rendered under a system that does 
not provide impartial tribunals or procedures compatible with the 
requirements of due process of law;
		(2)  the foreign country court did not have personal 
jurisdiction over the defendant;  or
		(3)  the foreign country court did not have 
jurisdiction over the subject matter.
	(b)  A foreign country judgment need not be recognized if:                     
		(1)  the defendant in the proceedings in the foreign 
country court did not receive notice of the proceedings in 
sufficient time to defend;
		(2)  the judgment was obtained by fraud;                                      
		(3)  the cause of action 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 country 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;
		(6)  in the case of jurisdiction based only on personal 
service, the foreign country court was a seriously inconvenient 
forum for the trial of the action;  or
		(7)  it is established that the foreign country in 
which the judgment was rendered does not recognize judgments 
rendered in this state that, but for the fact that they are rendered 
in this state, conform to the definition of "foreign country 
judgment."

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    


	§ 36.006. PERSONAL JURISDICTION.  (a) A court may not 
refuse to recognize a foreign country judgment for lack of personal 
jurisdiction if:
		(1)  the defendant was served personally in the foreign 
country;            
		(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 
country court with respect to the subject matter involved;
		(4)  the defendant was domiciled in the foreign country 
when the proceedings were instituted or, if the defendant is a body 
corporate, had its principal place of business, was incorporated, 
or had otherwise acquired corporate status in the foreign country;
		(5)  the defendant had a business office in the foreign 
country and the proceedings in the foreign country 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 proceedings involved a cause of 
action arising out of operation of the motor vehicle or airplane.
	(b)  A court of this state may recognize other bases of 
jurisdiction.        

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    


	§ 36.007. STAY IN CASE OF APPEAL.  If the defendant 
satisfies the court either that an appeal is pending or that the 
defendant is entitled and intends to appeal from the foreign 
country judgment, the court may stay the proceedings until the 
appeal has been determined or until a period of time sufficient to 
enable the defendant to prosecute the appeal has expired.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    


	§ 36.008. OTHER FOREIGN COUNTRY JUDGMENTS.  This chapter 
does not prevent the recognition of a foreign country judgment in a 
situation not covered by this chapter.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.