This subchapter may be cited as the "Uniform Foreign-Country Money Judgments Recognition Act of 2011".
(Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 19-86, the "Uniform Foreign-Country Money Judgments Recognition Act of 2011", was introduced in Council and assigned Bill No. 19-216, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 1, 2011, and December 6, 2011, respectively. Signed by the Mayor on December 21, 2011, it was assigned Act No. 19-246 and transmitted to both Houses of Congress for its review. D.C. Law 19-86 became effective on February 24, 2012.
Uniform Law
This section is based on § 1 of the Uniform Foreign-Country Money Judgments Recognition Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
For the purposes of this subchapter, the term:
(1) "Foreign country" means a government other than:
(A) The United States;
(B) The District of Columbia, a state, district, commonwealth, territory, or insular possession of the United States; or
(C) Any other government with regard to which the decision in the District of Columbia as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
(2) "Foreign-country judgment" means a judgment of a court of a foreign country.
(Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-86, see notes under § 15-361.
Uniform Law
This section is based on § 2 of the Uniform Foreign-Country Money Judgments Recognition Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) Except as otherwise provided in subsection (b) of this section, this subchapter applies to a foreign-country judgment to the extent that the judgment:
(1) Grants or denies recovery of a sum of money; and
(2) Under the law of the foreign country where rendered, is:
(A) Final;
(B) Conclusive; and
(C) Enforceable.
(b) This subchapter does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is a:
(1) Judgment for taxes;
(2) Fine or other penalty; or
(3) Judgment for:
(A) Divorce;
(B) Support or maintenance; or
(C) Other judgment rendered in connection with domestic relations.
(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this subchapter applies to the foreign-country judgment.
(Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-86, see notes under § 15-361.
Uniform Law
This section is based on § 3 of the Uniform Foreign-Country Money Judgments Recognition Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) Except as otherwise provided in subsections (b) and (c) of this section, a court of the District of Columbia shall recognize a foreign-country judgment to which this subchapter applies.
(b) A court of the District of Columbia may not recognize a foreign-country judgment if the:
(1) Judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(2) Foreign court did not have personal jurisdiction over the defendant; or
(3) Foreign court did not have jurisdiction over the subject matter.
(c) A court of the District of Columbia need not recognize a foreign-country judgment, if the:
(1) Defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) Judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(3) Judgment or the cause of action on which the judgment is based is repugnant to the public policy of the District of Columbia or of the United States;
(4) Judgment conflicts with another final and conclusive judgment;
(5) Proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(6) Foreign court, in the case of jurisdiction based only on personal service, was a seriously inconvenient forum for the trial of the action;
(7) Judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(8) Specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) of this section exists.
(Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-86, see notes under § 15-361.
Uniform Law
This section is based on § 4 of the Uniform Foreign-Country Money Judgments Recognition Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if the:
(1) Defendant was served with process personally in the foreign country;
(2) Defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) Defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(4) Defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
(5) Defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
(6) Defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
(b) The list of bases for personal jurisdiction in subsection (a) of this section is not exclusive. The courts of the District of Columbia may recognize bases of personal jurisdiction other than those listed in subsection (a) of this section as sufficient to support a foreign-country judgment.
(Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-86, see notes under § 15-361.
Uniform Law
This section is based on § 5 of the Uniform Foreign-Country Money Judgments Recognition Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.
(b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
(Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-86, see notes under § 15-361.
Uniform Law
This section is based on § 6 of the Uniform Foreign-Country Money Judgments Recognition Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
If the court in a proceeding under § 15-366 finds that the foreign-country judgment is entitled to recognition under this subchapter, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
(1) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in the District of Columbia would be conclusive; and
(2) Enforceable in the same manner and to the same extent as a judgment rendered in the District of Columbia.
(Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-86, see notes under § 15-361.
Uniform Law
This section is based on § 7 of the Uniform Foreign-Country Money Judgments Recognition Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the:
(1) Appeal is concluded;
(2) Time for appeal expires; or
(3) Appellant has had sufficient time to prosecute the appeal and has failed to do so.
(Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-86, see notes under § 15-361.
Uniform Law
This section is based on § 8 of the Uniform Foreign-Country Money Judgments Recognition Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.
(Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-86, see notes under § 15-361.
Uniform Law
This section is based on § 9 of the Uniform Foreign-Country Money Judgments Recognition Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-86, see notes under § 15-361.
Uniform Law
This section is based on § 10 of the Uniform Foreign-Country Money Judgments Recognition Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
This subchapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this subchapter.
(Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-86, see notes under § 15-361.
Uniform Law
This section is based on § 11 of the Uniform Foreign-Country Money Judgments Recognition Act. See Vol. 13, Part II, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
