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.
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