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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
foreign-country judgments; applicability
Purpose
States that existing law does not prevent the recognition of foreign-country judgements that are not within the scope of existing law.
Background
A court must
recognize a foreign-country judgement that grants or denies the recovery of a
sum of money and that is considered final, conclusive and enforceable in the
foreign country where the judgement is rendered. This requirement does not
apply to judgements that originate from a foreign country that has not adopted
a reciprocal law related to foreign-country money judgements, or a judgement
that grants or denies the recovery of a sum of money if the judgement is: 1) a
judgement for taxes; 2) a fine or other penalty; or 3) a judgement for divorce,
support
or maintenance or other judgement rendered in connection with domestic
relations (A.R.S.
§ 12-3252).
A court may not recognize a foreign-country judgement if: 1) the judgement was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law; 2) the foreign court did not have personal jurisdiction over the defendant; or 3) the foreign court did not have jurisdiction over the subject matter. Statute also outlines situations in which a court may choose to not recognize a foreign-country judgement. A party contesting the recognition of a foreign-country judgement has the burden of establishing that a ground for nonrecognition exists (A.R.S. § 12-3253).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. States that existing law governing the recognition of foreign-country judgements does not prevent, under principles of comity or otherwise, the recognition of a foreign-country judgement that is not within the scope of existing law.
2. Makes a technical change.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 1, 2022
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