summary
Introduced
01/20/2015
01/20/2015
In Committee
01/20/2015
01/20/2015
Crossed Over
Passed
Dead
07/31/2016
07/31/2016
Introduced Session
189th General Court
Bill Summary
So much of the recommendations of the Commission on Uniform State Laws (House, No. 31) as relates to revising the law recognizing foreign country money judgments. The Judiciary.
AI Summary
This bill, titled the Uniform Foreign-Country Money Judgments Recognition Act, aims to establish clear rules for when courts in this Commonwealth will recognize and enforce money judgments issued by courts in foreign countries. It defines a "foreign country" as any government other than the United States or its territories, and a "foreign-country judgment" as a judgment from such a court. The Act applies to judgments that are final and enforceable in their original country, but it specifically excludes judgments for taxes, penalties, or those related to domestic relations like divorce or support. Generally, the bill mandates that courts recognize foreign judgments unless certain conditions are met, such as the foreign judicial system lacking due process, the foreign court lacking jurisdiction over the defendant or the subject matter, or the judgment being obtained by fraud or being contrary to 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 provides procedures for seeking recognition, the effect of recognition, and the possibility of staying proceedings if the foreign judgment is under appeal. Importantly, this Act does not prevent the recognition of foreign judgments based on other legal principles like comity, and it aims to promote uniformity with similar laws in other states.
Committee Categories
Justice
Sponsors (0)
No sponsors listed
Last Action
Accompanied a study order, see H4706 (on 10/24/2016)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/189/H40 |
| Bill | https://malegislature.gov/Bills/189/H40.pdf |
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