2015 Oklahoma Statutes
Title 12. Civil Procedure
§12-718A. Foreign defamation judgments.

12 OK Stat § 12-718A (2015) What's This?

A. For the purposes of this section only, a "foreign defamation judgment" shall mean any judgment for a cause of action equivalent or fundamentally similar to an action for libel or slander that is rendered by a court or tribunal outside the United States or its territories or possessions. This section shall not apply to any judgment for defamation, slander or libel rendered by a federal court or a court or tribunal in this or any other state of the United States, an American Indian tribe recognized by the United States, or one of the United States territories or possessions.

B. In addition to any other defenses that may exist, no foreign defamation judgment shall be recognized or enforced if:

1. It is determined by a court of this state that the judgment was rendered by a judicial system that does not provide impartial tribunals or procedures substantially compatible with the requirements of due process of law applicable to courts of this state;

2. The court or tribunal issuing the foreign defamation judgment did not have personal jurisdiction over the defendant in accordance with the principles applicable under Oklahoma law; or

3. The court or tribunal issuing the foreign defamation judgment did not have subject matter jurisdiction over the action.

C. A foreign defamation judgment shall not be recognized by any court of this state until it is established by a preponderance of the evidence that the defamation, libel or slander law applied in the foreign defamation court's jurisdiction provides the same or higher protection for freedom of speech and press as would be provided under both the United States and Oklahoma Constitutions. If it is determined that the law in the foreign defamation judgment's jurisdiction provides the same or greater protection, then the court may proceed to consider if the judgment shall be recognized as a foreign judgment. If it is determined that the law in the foreign defamation judgment's jurisdiction does not provide the same or greater protection, or if no finding is made on this point, then the court shall not recognize or enforce the foreign defamation judgment and the judgment shall be void.

D. For the purpose of rendering declaratory relief with respect to a person's liability for a foreign defamation judgment and determining whether the foreign defamation judgment should be deemed nonrecognizable, this state's courts have personal jurisdiction over any person who obtains a foreign defamation judgment against any person who:

1. Is a resident of this state;

2. Is a person or entity amenable to the jurisdiction of this state;

3. Has assets in this state; or

4. May have to take action in this state to comply with the foreign defamation judgment.

E. This section shall apply to foreign defamation judgments filed for enforcement on or after November 1, 2013.

Added by Laws 2013, c. 272, § 1, eff. Nov. 1, 2013.

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