2013 North Dakota Century Code Title 28 Judicial Procedure, Civil Chapter 28-20.2 Uniform Foreign Money - Judgments Recognition Act
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CHAPTER 28-20.2
UNIFORM FOREIGN MONEY - JUDGMENTS RECOGNITION ACT
28-20.2-01. Definitions.
As used in this chapter:
1. "Foreign judgment" means any judgment of a foreign state granting or denying
recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or
a judgment for support in matrimonial or family matters.
2. "Foreign state" means any governmental unit other than the United States or any
state, district, commonwealth, territory, or insular possession of the United States.
28-20.2-02. Applicability.
This chapter applies to any foreign judgment that is final and conclusive and enforceable
where rendered even though an appeal is pending or the judgment is subject to appeal.
28-20.2-03. Recognition and enforcement.
Except as provided in section 28-20.2-04, a foreign judgment meeting the requirements of
section 28-20.2-02 is conclusive between the parties to the extent that the judgment grants or
denies recovery of a sum of money. The foreign judgment is enforceable in the same manner as
the judgment of a sister state which is entitled to full faith and credit.
28-20.2-04. Grounds for nonrecognition.
1. A foreign judgment is not conclusive if:
a. The judgment was rendered under a 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.
2. A foreign judgment need not be recognized if:
a. The defendant in the proceedings in the foreign court did not receive notice of the
proceedings in sufficient time to enable the defendant to defend;
b. The judgment was obtained by fraud;
c. The claim for relief on which the judgment is based is repugnant to the public
policy of this state;
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 settled otherwise than by
proceedings in that court; or
f. In the case of jurisdiction based only on personal service the foreign court was a
seriously inconvenient forum for the trial of this action.
28-20.2-05. Personal jurisdiction.
1. The foreign judgment may not be refused recognition for lack of personal jurisdiction if:
a. The defendant was served personally in the foreign state;
b. 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 the defendant;
c. Before commencement of the proceedings, the defendant 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 state when the proceedings were
instituted, or, being a body corporate had its principal place of business, was
incorporated, or had otherwise acquired corporate status, in the foreign state;
e. The defendant had a business office in the foreign state and the proceedings in
the foreign court involved a claim for relief arising out of business done by the
defendant through that office in the foreign state; or
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f.
2.
The defendant operated a motor vehicle or airplane in the foreign state and the
proceedings involved a claim for relief arising out of the operation.
The courts of this state may recognize other bases of jurisdiction.
28-20.2-06. 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 judgment, the court may stay the proceedings
until the appeal has been determined or until the expiration of a period of time sufficient to
enable the defendant to prosecute the appeal.
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