2013 South Dakota Codified Laws
Title 15 - CIVIL PROCEDURE
Chapter 16 - Judgments
§ 15-16-45 Criteria for recognition of out-of-country foreign judgments.
15-16-45. Criteria for recognition of out-of-country foreign judgments. In deciding whether to enforce and recognize an out-of-country foreign judgment, the court shall consider the following factors when deciding whether to enforce and recognize a out-of-country foreign judgment, to wit:
(1) The foreign court actually had jurisdiction over both the subject matter and the parties;
(2) The judgment was not obtained fraudulently;
(3) The judgment was rendered by a system of law reasonably assuring the requisites of an impartial administration of justice which includes due notice and a hearing;
(4) The judgment did not contravene the public policy of the jurisdiction in which it is relied upon; and
(5) The jurisdiction issuing the order or judgment also grants comity to orders and judgments of South Dakota courts.
Source: SL 2013, ch 98, § 2.
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