• Views: in the last
  • 16Week
  • 8Month
  • 154Total


  • NJ A2977
  • Revises law concerning foreign country money-judgment recognition.
Introduced
(2/16/2016)
In Committee
(6/30/2016)
Crossed Over
(6/27/2016)
PassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill, entitled the "Foreign Country Money-Judgments Recognition Act of 2015," replaces existing statutes concerning the recognition of foreign country money-judgments. This bill applies to certain foreign-country judgments that grant or deny recovery of a sum of money and, under the law of the foreign country where rendered, are final, conclusive, and enforceable. The bill does not apply to a foreign-country judgment to the extent that the judgment is: a judgment for taxes; a fine or other penalty; or a judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations. Under the bill, a party seeking recognition of a foreign-country judgment has the burden of establishing that the bill applies to the foreign-country judgment. The bill provides that courts of this State must recognize foreign-country judgments to which the bill applies, and provides for certain circumstances in which courts may not or need not recognize foreign-country judgments that would otherwise fall under the scope of the bill. The bill provides that a party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition exists, except that where a foreign-country judgment has been rendered in default of appearance of the defendant, the party seeking recognition has the burden of establishing certain factors, such as jurisdiction and service of process. The bill provides for circumstances in which a foreign-country judgment may not be refused recognition for lack of personal jurisdiction, and also provides that the courts of this State may recognize bases for personal jurisdiction other than those listed in the bill as sufficient to support a foreign-country judgment, as long as the exercise of personal jurisdiction in the foreign country is compatible with the Due Process Clause of the United States Constitution. The bill provides that if the court in a proceeding finds that the foreign-country judgment is entitled to recognition then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this State would be conclusive and is enforceable in the same manner and to the same extent as a judgment rendered in this State. The bill establishes procedures for courts issuing a stay of proceedings regarding foreign-country judgments which have appeals pending. Under the bill, an action to recognize a foreign-country judgment shall not be commenced before the foreign-country judgment becomes effective in the foreign country, or after 15 years from the date that the foreign-country judgment became effective in the foreign country. The bill does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of the bill. The bill also repeals existing statutes concerning foreign country money-judgment recognition, the "Foreign Country Money-Judgments Recognition Act," P.L.1997, c.96 (C.2A:49A-16 et seq.).
Commerce, 2nd Reading in the Assembly, Financial Institutions and Insurance, Passed Assembly
Received in the Senate, Referred to Senate Commerce Committee  (on 6/30/2016)
 
 

Date Chamber Action Description
6/30/2016 S Received in the Senate, Referred to Senate Commerce Committee
6/27/2016 A Passed by the Assembly (78-0-0)
6/2/2016 A Reported out of Assembly Committee, 2nd Reading
6/2/2016 Assembly Financial Institutions and Insurance Hearing (10:00 6/2/2016 Committee Room 16, Fourth Floor)
2/16/2016 A Introduced, Referred to Assembly Financial Institutions and Insurance Committee
Date Motion Yea Nay Other
Detail 6/27/2016 Assembly Floor: Third Reading - Final Passage 78 0 2
Detail 6/2/2016 Assembly Financial Institutions and Insurance Committee: Reported Favorably 10 0 3