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SF 4034

as introduced - 91st Legislature (2019 - 2020) Posted on 03/06/2020 08:37am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to judgments; enacting the Uniform Registration of Canadian Money
Judgments Act adopted and recommended for passage by the National Conference
of Commissioners on Uniform State Laws; proposing coding for new law in
Minnesota Statutes, chapter 548.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [548.64] SHORT TITLE.
new text end

new text begin Sections 548.64 to 548.74 may be cited as the "Uniform Registration of Canadian Money
Judgments Act."
new text end

Sec. 2.

new text begin [548.65] DEFINITIONS.
new text end

new text begin In sections 548.64 to 548.74:
new text end

new text begin (1) "Canada" means the sovereign nation of Canada and its provinces and territories.
"Canadian" has a corresponding meaning.
new text end

new text begin (2) "Canadian judgment" means a judgment of a court of Canada, other than a judgment
that recognizes the judgment of another foreign country.
new text end

Sec. 3.

new text begin [548.66] APPLICABILITY.
new text end

new text begin (a) Sections 548.64 to 548.74 apply to a Canadian judgment to the extent the judgment
is within the scope of sections 548.54 to 548.63, if recognition of the judgment is sought to
enforce the judgment.
new text end

new text begin (b) A Canadian judgment that grants both recovery of a sum of money and other relief
may be registered under sections 548.64 to 548.74, but only to the extent of the grant of
recovery of a sum of money.
new text end

new text begin (c) A Canadian judgment regarding subject matter both within and not within the scope
of sections 548.64 to 548.74 may be registered under sections 548.64 to 548.74, but only
to the extent the judgment is with regard to subject matter within the scope of sections
548.64 to 548.74.
new text end

Sec. 4.

new text begin [548.67] REGISTRATION OF CANADIAN JUDGMENT.
new text end

new text begin (a) A person seeking recognition of a Canadian judgment described in section 548.66
to enforce the judgment may register the judgment in the office of the court administrator
of a court in which an action for recognition of the judgment could be filed under section
548.59.
new text end

new text begin (b) A registration under paragraph (a) must be executed by the person registering the
judgment or the person's attorney and include:
new text end

new text begin (1) a copy of the Canadian judgment authenticated in the same manner as a copy of a
foreign judgment is authenticated in an action under section 548.59 as an accurate copy by
the court that entered the judgment;
new text end

new text begin (2) the name and address of the person registering the judgment;
new text end

new text begin (3) if the person registering the judgment is not the person in whose favor the judgment
was rendered, a statement describing the interest the person registering the judgment has
in the judgment which entitles the person to seek its recognition and enforcement;
new text end

new text begin (4) the name and last-known address of the person against whom the judgment is being
registered;
new text end

new text begin (5) if the judgment is of the type described in section 548.66, paragraph (b) or (c), a
description of the part of the judgment being registered;
new text end

new text begin (6) the amount of the judgment or part of the judgment being registered, identifying:
new text end

new text begin (i) the amount of interest accrued as of the date of registration on the judgment or part
of the judgment being registered, the rate of interest, the part of the judgment to which
interest applies, and the date when interest began to accrue;
new text end

new text begin (ii) costs and expenses included in the judgment or part of the judgment being registered,
other than an amount awarded for attorney fees; and
new text end

new text begin (iii) the amount of an award of attorney fees included in the judgment or part of the
judgment being registered;
new text end

new text begin (7) the amount, as of the date of registration, of post-judgment costs, expenses, and
attorney fees claimed by the person registering the judgment or part of the judgment;
new text end

new text begin (8) the amount of the judgment or part of the judgment being registered which has been
satisfied as of the date of registration;
new text end

new text begin (9) a statement that:
new text end

new text begin (i) the judgment is final, conclusive, and enforceable under the law of the Canadian
jurisdiction in which it was rendered;
new text end

new text begin (ii) the judgment or part of the judgment being registered is within the scope of sections
548.64 to 548.74; and
new text end

new text begin (iii) if a part of the judgment is being registered, the amounts stated in the registration
under clauses (6), (7), and (8) relate to the part;
new text end

new text begin (10) if the judgment is not in English, a certified translation of the judgment into English;
and
new text end

new text begin (11) the filing fee stated in section 548.30.
new text end

new text begin (c) On receipt of a registration that includes the documents, information, and filing fee
required by paragraph (b), the court administrator shall file the registration, assign a docket
number, and enter the Canadian judgment in the court's docket.
new text end

new text begin (d) A registration substantially in the following form complies with the registration
requirements under paragraph (b) if the registration includes the attachments specified in
the form:
new text end

new text begin REGISTRATION OF CANADIAN MONEY JUDGMENT
new text end

new text begin Complete and file this form, together with the documents required by Part V of this form,
with the court administrator. When stating an amount of money, identify the currency in
which the amount is stated.
new text end

new text begin PART I. IDENTIFICATION OF CANADIAN JUDGMENT
new text end
new text begin Canadian Court Rendering
the Judgment:
new text end
new text begin .
new text end
new text begin Case/Docket Number in
Canadian Court:
new text end
new text begin .
new text end
new text begin Name of Plaintiff(s):
new text end
new text begin .
new text end
new text begin Name of Defendant(s):
new text end
new text begin .
new text end
new text begin The Canadian Court entered
the judgment:
new text end
new text begin on .
new text end
new text begin in .
new text end
new text begin in .
new text end
new text begin [Date]
new text end
new text begin [City]
new text end
new text begin [Province or Territory]
new text end
new text begin The judgment includes an award for the payment of money in favor of .........................
new text end
new text begin in the amount of .........................
new text end
new text begin If only part of the Canadian judgment is subject to registration (see section 548.66,
paragraphs (b) and (c)), describe the part of the judgment being registered:
new text end
new text begin .
new text end
new text begin PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND PERSON
AGAINST WHOM JUDGMENT IS BEING REGISTERED
new text end
new text begin Provide the following information for all persons seeking to register the judgment under
this registration and all persons against whom the judgment is being registered under this
registration. Name of Person(s) Registering Judgment:
new text end
new text begin .
new text end
new text begin If a person registering the judgment is not the person in whose favor the judgment was
rendered, describe the interest the person registering the judgment has in the judgment
which entitles the person to seek its recognition and enforcement:
new text end
new text begin .
new text end
new text begin Address of Person(s) Registering Judgment:
new text end
new text begin .
new text end
new text begin Additional Contact Information for Person(s) Registering Judgment (Optional):
new text end
new text begin Telephone Number: .
new text end
new text begin Fax Number: .
new text end
new text begin Email Address: .
new text end
new text begin Name of Attorney for Person(s) Registering Judgment, if any:
new text end
new text begin .
new text end
new text begin Address: .
new text end
new text begin Telephone Number: .
new text end
new text begin Fax Number: .
new text end
new text begin Email Address: .
new text end
new text begin Name of Person(s) Against Whom Judgment is Being Registered:
new text end
new text begin .
new text end
new text begin Address of Person(s) Against Whom Judgment is Being Registered:
new text end
new text begin . (provide the most recent address known)
new text end
new text begin Additional Contact Information for Person(s) Against Whom Judgment is Being Registered
(Optional) (provide most recent information known):
new text end
new text begin Telephone Number: .
new text end
new text begin Fax Number: .
new text end
new text begin Email Address: .
new text end
new text begin PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS SOUGHT
new text end
new text begin Identify the currency or currencies in which each amount is stated.
new text end
new text begin The amount of the Canadian judgment or part of the judgment being registered is:
new text end
new text begin .
new text end
new text begin The amount of interest accrued as of the date of registration on the part of the judgment
being registered is:
new text end
new text begin .
new text end
new text begin The applicable rate of interest is: .
new text end
new text begin The date when interest began to accrue is: .
new text end
new text begin The part of the judgment to which the interest applies is: .
new text end
new text begin The Canadian Court awarded costs and expenses relating to the part of the judgment being
registered in the amount of:
new text end
new text begin .
new text end
new text begin (exclude any amount included in the award of costs and expenses which represents an
award of attorney fees).
new text end
new text begin The person registering the Canadian judgment claims post-judgment costs and expenses
in the amount of:
new text end
new text begin .
new text end
new text begin and post-judgment attorney fees in the amount of
new text end
new text begin .
new text end
new text begin relating to the part of the judgment being registered (include only costs, expenses, and
attorney fees incurred before registration).
new text end
new text begin The amount of the part of the judgment being registered which has been satisfied as of the
date of registration is
new text end
new text begin .
new text end
new text begin The total amount for which enforcement of the part of the judgment being registered is
sought is
new text end
new text begin .
new text end
new text begin PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT
new text end
new text begin I, . state:
new text end
new text begin (Person Registering Judgment or Attorney for Person Registering Judgment)
new text end
new text begin 1. The Canadian judgment is final, conclusive, and enforceable under the law of the
Canadian jurisdiction in which it was rendered.
new text end
new text begin 2. The Canadian judgment or part of the judgment being registered is within the scope of
Minnesota Statutes, sections 548.64 to 548.74.
new text end
new text begin 3. If only a part of the Canadian judgment is being registered, the amounts stated in Part
III of this form relate to that part.
new text end
new text begin PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION
new text end
new text begin Attached are (check to signify required items are included):
new text end
new text begin .
new text end
new text begin A copy of the Canadian judgment authenticated in the same manner a copy of a
foreign judgment is authenticated in an action under Minnesota Statutes, section
548.59, as an accurate copy by the Canadian court that entered the judgment.
new text end
new text begin .
new text end
new text begin If the Canadian judgment is not in English, a certified translation of the judgment
into English.
new text end
new text begin .
new text end
new text begin The registration fee stated in Minnesota Statutes, section 548.30.
new text end
new text begin I declare that the information provided on this form is true and correct to the best of my
knowledge and belief.
new text end
new text begin Submitted by: .
new text end
new text begin Signature of Person Registering Judgment or
new text end
new text begin Attorney for Person Registering Judgment
new text end
new text begin Date of submission: .
new text end

Sec. 5.

new text begin [548.68] EFFECT OF REGISTRATION.
new text end

new text begin (a) Subject to paragraph (b), a Canadian judgment registered under section 548.67 has
the same effect provided in section 548.60 for a judgment a court determines to be entitled
to recognition.
new text end

new text begin (b) A Canadian judgment registered under section 548.67 may not be enforced by sale
or other disposition of property, or by seizure of property or garnishment, until 31 days after
notice under section 548.69 of registration is served. The court for cause may provide for
a shorter or longer time. This paragraph does not preclude use of relief available under law
of this state other than sections 548.64 to 548.74 to prevent dissipation, disposition, or
removal of property.
new text end

Sec. 6.

new text begin [548.69] NOTICE OF REGISTRATION.
new text end

new text begin (a) A person that registers a Canadian judgment under section 548.67 shall cause notice
of registration to be served on the person against whom the judgment has been registered.
new text end

new text begin (b) Notice under this section must be served in the same manner that a summons and
complaint must be served in an action seeking recognition under section 548.59 of a
foreign-country money judgment.
new text end

new text begin (c) Notice under this section must include:
new text end

new text begin (1) the date of registration and court in which the judgment was registered;
new text end

new text begin (2) the docket number assigned to the registration;
new text end

new text begin (3) the name and address of:
new text end

new text begin (i) the person registering the judgment; and
new text end

new text begin (ii) the person's attorney, if any;
new text end

new text begin (4) a copy of the registration, including the documents required under section 548.67,
paragraph (b); and
new text end

new text begin (5) a statement that:
new text end

new text begin (i) the person against whom the judgment has been registered, not later than 30 days
after the date of service of notice, may petition the court to vacate the registration; and
new text end

new text begin (ii) the court for cause may provide for a shorter or longer time.
new text end

new text begin (d) Proof of service of notice under this section must be filed with the court administrator.
new text end

Sec. 7.

new text begin [548.70] PETITION TO VACATE REGISTRATION.
new text end

new text begin (a) Not later than 30 days after notice under section 548.69 is served, the person against
whom the judgment was registered may petition the court to vacate the registration. The
court for cause may provide for a shorter or longer time for filing the petition.
new text end

new text begin (b) A petition under this section may assert only:
new text end

new text begin (1) a ground that could be asserted to deny recognition of the judgment under sections
548.54 to 548.63; or
new text end

new text begin (2) a failure to comply with a requirement of sections 548.64 to 548.74 for registration
of the judgment.
new text end

new text begin (c) A petition filed under this section does not itself stay enforcement of the registered
judgment.
new text end

new text begin (d) If the court grants a petition under this section, the registration is vacated, and any
act under the registration to enforce the registered judgment is void.
new text end

new text begin (e) If the court grants a petition under this section on a ground under paragraph (b),
clause (1), the court also shall render a judgment denying recognition of the Canadian
judgment. A judgment rendered under this subsection has the same effect as a judgment
denying recognition to a judgment on the same ground under sections 548.54 to 548.63.
new text end

Sec. 8.

new text begin [548.71] STAY OF ENFORCEMENT OF JUDGMENT PENDING
DETERMINATION OF PETITION.
new text end

new text begin A person that files a petition under section 548.70, paragraph (a), to vacate registration
of a Canadian judgment may request the court to stay enforcement of the judgment pending
determination of the petition. The court shall grant the stay if the person establishes a
likelihood of success on the merits with regard to a ground listed in section 548.70, paragraph
(b), for vacating a registration. The court may require the person to provide security in an
amount determined by the court as a condition of granting the stay.
new text end

Sec. 9.

new text begin [548.72] RELATIONSHIP TO UNIFORM FOREIGN-COUNTRY MONEY
JUDGMENTS RECOGNITION ACT.
new text end

new text begin (a) Sections 548.64 to 548.74 supplement the Uniform Foreign-Country Money
Judgments Recognition Act, and sections 548.54 to 548.63, other than section 548.59, apply
to a registration under sections 548.64 to 548.74.
new text end

new text begin (b) A person may seek recognition of a Canadian judgment described in section 548.66
either:
new text end

new text begin (1) by registration under sections 548.64 to 548.74; or
new text end

new text begin (2) under section 548.59.
new text end

new text begin (c) Subject to paragraph (d), a person may not seek recognition in this state of the same
judgment or part of a judgment described in 548.66, paragraph (b) or (c), with regard to the
same person under both sections 548.59 and 548.64 to 548.74.
new text end

new text begin (d) If the court grants a petition to vacate a registration solely on a ground under section
548.70, paragraph (b), clause (2), the person seeking registration may:
new text end

new text begin (1) if the defect in the registration can be cured, file a new registration under sections
548.64 to 548.74; or
new text end

new text begin (2) seek recognition of the judgment under section 548.59.
new text end

Sec. 10.

new text begin [548.73] UNIFORMITY OF APPLICATION AND INTERPRETATION.
new text end

new text begin 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.
new text end

Sec. 11.

new text begin [548.74] TRANSITIONAL PROVISION.
new text end

new text begin Sections 548.64 to 548.74 apply to the registration of a Canadian judgment entered in
a proceeding that is commenced in Canada on or after the effective date of sections 548.64
to 548.74.
new text end

Sec. 12. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 are effective January 1, 2021.
new text end