Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 218-S.F.No. 566 
           An act relating to civil procedure; providing for the 
          treatment of certain foreign judgments; enacting the 
          Uniform Foreign Country Money-Judgments Recognition 
          Act; proposing coding for new law in Minnesota 
          Statutes, chapter 548.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [548.35] [UNIFORM FOREIGN MONEY-JUDGMENTS 
RECOGNITION ACT.] 
     Subdivision 1.  [DEFINITIONS.] As used in this section:  
     (1) "foreign state" means any governmental unit other than 
the United States or any state, district, commonwealth, 
territory, or insular possession of the United States;  
     (2) "foreign judgment" means any judgment of a foreign 
state granting or denying recovery of a sum of money, other than 
a judgment for (a) taxes, or (b) a fine or other penalty, or (c) 
in matrimonial or family matters.  
     Subd. 2.  [APPLICABILITY.] This section applies to any 
foreign judgment that is final and conclusive and enforceable 
where rendered even though an appeal is pending or it is subject 
to appeal.  
     Subd. 3.  [RECOGNITION AND ENFORCEMENT.] Except as provided 
in subdivision 4, a foreign judgment meeting the requirements of 
subdivision 2 is conclusive between the parties to the extent 
that it grants or denies recovery of a sum of money.  The 
foreign judgment is enforceable in the same manner as the 
judgment of another state which is entitled to full faith and 
credit.  
    Subd. 4.  [GROUNDS FOR NONRECOGNITION.] (a) A foreign 
judgment is not conclusive if:  
    (1) the judgment was rendered under a system which 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.  
    (b) A foreign judgment need not be recognized if:  
    (1) the defendant in the proceedings in the foreign court 
did not receive notice of the proceedings in sufficient time to 
prepare a defense;  
    (2) the judgment was obtained by fraud;  
    (3) the claim for relief on which the judgment is based is 
repugnant to the public policy of this state;  
    (4) the judgment conflicts with another final and 
conclusive judgment;  
    (5) the proceeding in the foreign court was contrary to an 
agreement between the parties under which the dispute in 
question was to be settled otherwise than by proceedings in that 
court; or 
    (6) in the case of jurisdiction based only on personal 
service, the foreign court was a seriously inconvenient forum 
for the trial of the action.  
    Subd. 5.  [PERSONAL JURISDICTION.] (a) The foreign judgment 
shall not be refused recognition for lack of personal 
jurisdiction if:  
    (1) the defendant was served personally in the foreign 
state;  
    (2) the defendant voluntarily appeared in the proceedings, 
other than for the purpose of protecting property seized or 
threatened with seizure in the proceedings or of contesting the 
jurisdiction of the court over the defendant;  
     (3) the defendant prior to the commencement of the 
proceedings had agreed to submit to the jurisdiction of the 
foreign court with respect to the subject matter involved;  
     (4) the defendant was domiciled in the foreign state when 
the proceedings were instituted, or, being a body corporate had 
its principal place of business, was incorporated, or had 
otherwise acquired corporate status, in the foreign state;  
     (5) the defendant had a business office in the foreign 
state and the proceedings in the foreign court involved a claim 
for relief arising out of business done by the defendant through 
that office in the foreign state; or 
     (6) the defendant operated a motor vehicle or airplane in 
the foreign state and the proceedings involved a claim for 
relief arising out of the operation.  
    (b) The courts of this state may recognize additional bases 
of jurisdiction.  
     Subd. 6.  [STAY IN CASE OF APPEAL.] If the defendant 
satisfies the court either that an appeal is pending or that the 
defendant is entitled and intends to appeal from the foreign 
judgment, the court may stay the proceedings, with or without 
bond at the court's discretion, until the appeal has been 
determined or until the expiration of a period of time 
sufficient to enable the defendant to prosecute the appeal.  
    Subd. 7.  [SAVING CLAUSE.] This section does not prevent 
the recognition of a foreign judgment in situations not covered 
by this act.  
    Subd. 8.  [SHORT TITLE.] This section may be cited as the 
Uniform Foreign Country Money-Judgments Recognition Act. 
    Approved May 23, 1985