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Bill > H29


MA H29

MA H29
Revising the law recognizing foreign-court money judgments


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

So much of the recommendations of the Commission on Uniform State Laws (House, No. 22) as relates to revising the law recognizing foreign-court money judgments . The Judiciary.

AI Summary

This bill, titled the Uniform Foreign-Country Money Judgments Recognition Act, aims to establish clear guidelines for when courts in this state will recognize and enforce money judgments issued by courts in foreign countries, meaning any government other than the United States or its territories. The Act specifies that it applies to foreign-country judgments that are final and enforceable and grant or deny a sum of money, but it excludes judgments related to taxes, penalties, or domestic relations matters like divorce or support. Under the bill, courts must generally recognize such foreign judgments unless specific grounds for non-recognition exist, such as the foreign judicial system lacking due process, the foreign court lacking jurisdiction over the defendant or the subject matter, the judgment being obtained by fraud, or the judgment being contrary to this state's public policy. The bill also outlines specific circumstances under which personal jurisdiction over a defendant in a foreign country will be considered sufficient for recognition, and it sets procedures for seeking recognition, the effect of recognition (making the judgment conclusive and enforceable like a state judgment), and a statute of limitations for bringing an action to recognize a foreign judgment. Importantly, the Act does not prevent recognition of foreign judgments based on other legal principles like comity, and it aims to ensure uniformity with similar laws in other states.

Committee Categories

Justice

Sponsors (0)

No sponsors listed

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

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