2021 -- H 5874

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LC001654

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY --

UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT

     Introduced By: Representative Robert E. Craven

     Date Introduced: February 24, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 9 of the General Laws entitled "COURTS AND CIVIL PROCEDURE

- PROCEDURE GENERALLY" is hereby amended by adding thereto the following chapter:

CHAPTER 34

UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT

     9-34-1. Short Title.

     This chapter shall be known and may be cited as the "Uniform Foreign-Country Money

Judgments Recognition Act."

     9-34-2. Definitions.

     As used in this chapter:

     (1) “Court” means the superior court.

     (2) “Foreign country” means a government other than:

     (i) The United States;

     (ii) A state, district, commonwealth, territory, or insular possession of the United States; or

     (iii) Any other government with regard to which the decision in this state as to whether to

recognize a judgment of that government’s courts is initially subject to determination under the

Full Faith and Credit Clause of the United States Constitution.

     (3) “Foreign-country judgment” means a judgment of a court of a foreign country.

     9-34-3. Applicability.

     (a) Except as otherwise provided in subsection (b) of this section, this chapter applies to a

foreign-country judgment to the extent that the judgment:

     (1) Grants or denies recovery of a sum of money; and

     (2) Under the law of the foreign country where rendered, is final, conclusive, and

enforceable.

     (b) This chapter does not apply to a foreign-country judgment, even if the judgment grants

or denies recovery of a sum of money, to the extent that the judgment is:

     (1) A judgment for taxes;

     (2) A fine or other penalty; or

     (3) A judgment for divorce, support, or maintenance, or other judgment rendered in

connection with domestic relations.

     (c) A party seeking recognition of a foreign-country judgment has the burden of

establishing that this chapter applies to the foreign-country judgment.

     9-34-4. Standards for recognition of foreign-country judgment.

     (a) Except as otherwise provided in subsections (b) and (c) of this section, a court of this

state shall recognize a foreign-country judgment to which this chapter applies.

     (b) A court of this state may not recognize a foreign-country judgment if:

     (1) The judgment 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.

     (c) A court of this state need not recognize a foreign-country judgment if:

     (1) The defendant in the proceeding in the foreign court did not receive notice of the

proceeding in sufficient time to enable the defendant to defend;

     (2) The judgment was obtained by fraud that deprived the losing party of an adequate

opportunity to present its case;

     (3) The judgment or the cause of action on which the judgment is based is repugnant to the

public policy of this state or of the United States;

     (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 determined otherwise than by proceedings in that

foreign court;

     (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;

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     (7) The judgment was rendered in circumstances that raise substantial doubt about the

integrity of the rendering court with respect to the judgment; or

     (8) The specific proceeding in the foreign court leading to the judgment was not compatible

with the requirements of due process of law.

     (d) A party resisting recognition of a foreign-country judgment has the burden of

establishing that a ground for nonrecognition stated in subsection (b) or (c) of this section exists.

     9-34-5. Personal Jurisdiction.

     (a) A foreign-country judgment may not be refused recognition for lack of personal

jurisdiction if:

     (1) The defendant was served with process personally in the foreign country;

     (2) The defendant voluntarily appeared in the proceeding, other than for the purpose of

protecting property seized or threatened with seizure in the proceeding or of contesting the

jurisdiction of the court over the defendant;

     (3) The defendant, before the commencement of the proceeding, 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 country when the proceeding was instituted

or was a corporation or other form of business organization that had its principal place of business

in, or was organized under the laws of, the foreign country;

     (5) The defendant had a business office in the foreign country and the proceeding in the

foreign court involved a cause of action arising out of business done by the defendant through that

office in the foreign country; or

     (6) The defendant operated a motor vehicle or airplane in the foreign country and the

proceeding involved a cause of action arising out of that operation.

     (b) The list of bases for personal jurisdiction in subsection (a) of this section is not

exclusive. The courts of this state may recognize bases of personal jurisdiction other than those

listed in subsection (a) of this section as sufficient to support a foreign-country judgment.

     9-34-6. Procedure for recognition of foreign-country judgment.

     (a) If recognition of a foreign-country judgment is sought as an original matter, the issue

of recognition shall be raised by filing an action seeking recognition of the foreign-country

judgment.

     (b) If recognition of a foreign-country judgment is sought in a pending action, the issue of

recognition may be raised by counterclaim, cross-claim, or affirmative defense.

     9-34-7. Effect of recognition of foreign-country judgment.

     If the court in a proceeding under § 9-34-6 finds that the foreign-country judgment is

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entitled to recognition under this chapter then, to the extent that the foreign-country judgment grants

or denies recovery of a sum of money, the foreign-country judgment is:

     (1) Conclusive between the parties to the same extent as the judgment of a sister state

entitled to full faith and credit in this state would be conclusive; and

     (2) Enforceable in the same manner and to the same extent as a judgment rendered in this

state.

     9-34-8. Stay of proceedings pending appeal of foreign-country judgment.

     If a party establishes that an appeal from a foreign-country judgment is pending or will be

taken, the court may stay any proceedings with regard to the foreign-country judgment until the

appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute

the appeal and has failed to do so.

     9-34-9. Statute of limitations.

     An action to recognize a foreign-country judgment must be commenced within the earlier

of the time during which the foreign-country judgment is effective in the foreign country or twenty

(20) years from the date that the foreign-country judgment became effective in the foreign country.

     9-34-10. Uniformity of interpretation.

     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.

     9-34-11. Savings clause.

     This chapter does not prevent the recognition under principles of comity or otherwise of a

foreign-country judgment not within the scope of this chapter.

     9-34-12. Transitional provision.

     This chapter applies to all actions commenced on or after the effective date of this chapter

in which the issue of recognition of a foreign-country judgment is raised.

     9-34-13. Official comments.

     It is the intention of the general assembly that the official comments to the Uniform

Foreign-Country Money Judgments Recognition Act as approved and recommended for enactment

in all the states by the National Conference of Commissioners on Uniform State Laws in 2005

represent the express legislative intent of the general assembly and shall be used as a guide for

interpretation of this chapter.

     SECTION 2. Title 9 of the General Laws entitled "COURTS AND CIVIL PROCEDURE

- PROCEDURE GENERALLY" is hereby amended by adding thereto the following chapter:

CHAPTER 35

UNIFORM REGISTRATION OF CANADIAN MONEY JUDGMENTS ACT

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     9-35-1. Short title.

     This chapter shall be knowns may be cited as the "Uniform Registration of Canadian

Money Judgments Act.

     9-35-2. Definitions.

     In this chapter:

     (1) “Canada” means the sovereign nation of Canada and its provinces and territories.

“Canadian” has a corresponding meaning.

     (2) “Canadian judgment” means a judgment of a court of Canada, other than a judgment

that recognizes the judgment of another foreign country.

     9-35-3. Applicability.

     (a) This chapter applies to a Canadian judgment to the extent the judgment is within the

scope of this section, if recognition of the judgment is sought to enforce the judgment.

     (b) A Canadian judgment that grants both recovery of a sum of money and other relief may

be registered under this chapter, but only to the extent of the grant of recovery of a sum of money.

     (c) A Canadian judgment regarding subject matter both within and not within the scope of

this chapter may be registered under this chapter, but only to the extent the judgment is with regard

to subject matter within the scope of this chapter.

     9-35-4. Registration of Canadian judgment.

     (a) A person seeking recognition of a Canadian judgment described in § 9-35-3 to enforce

the judgment may register the judgment in the office of the clerk of a court in which an action for

recognition of the judgment could be filed under § 9-34-6.

     (b) A registration under subsection (a) of this section must be executed by the person

registering the judgment or the person’s attorney and include:

     (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 § 9-34-6 as an accurate copy by the court that

entered the judgment;

     (2) The name and address of the person registering the judgment;

     (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;

     (4) The name and last-known address of the person against whom the judgment is being

registered;

     (5) If the judgment is of the type described in § 9-35-3(b) or (c), a description of the part

of the judgment being registered;

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     (6) The amount of the judgment or part of the judgment being registered, identifying:

     (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;

     (ii) Costs and expenses included in the judgment or part of the judgment being registered,

other than an amount awarded for attorneys' fees; and

     (iii) The amount of an award of attorneys' fees included in the judgment or part of the

judgment being registered;

     (7) The amount, as of the date of registration, of post-judgment costs, expenses, and

attorneys' fees claimed by the person registering the judgment or part of the judgment;

     (8) The amount of the judgment or part of the judgment being registered which has been

satisfied as of the date of registration;

     (9) A statement that:

     (i) The judgment is final, conclusive, and enforceable under the law of the Canadian

jurisdiction in which it was rendered;

     (ii) The judgment or part of the judgment being registered is within the scope of this

chapter; and

     (iii) If a part of the judgment is being registered, the amounts stated in the registration under

subsections (6), (7), and (8) of this subsection relate to the part;

     (10) If the judgment is not in English, a certified translation of the judgment into English;

and

     (11) A registration fee of one hundred sixty dollars ($160).

     (c) On receipt of a registration that includes the documents, information, and registration

fee required by subsection (b) of this section, the clerk shall file the registration, assign a civil action

number, and enter the Canadian judgment in the court’s docket.

     (d) A registration substantially in the following form complies with the registration

requirements under subsection (b) of this section if the registration includes the attachments

specified in the form:

     REGISTRATION OF CANADIAN MONEY JUDGMENT

     Complete and file this form, together with the documents required by Part V of this form,

with the Clerk of Court. When stating an amount of money, identify the currency in which the

amount is stated.

PART I. IDENTIFICATION OF CANADIAN JUDGMENT

     Canadian Court Rendering the Judgment: ______________________________________

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     Case/Docket Number in Canadian Court: ___________________

     Name of Plaintiff(s): _____________________________

     Name of Defendant(s): _____________________________

     The Canadian Court entered the judgment on ___________ [date] in _________________

[city] __________________________________ [Province or Territory]. The judgment includes an

award for the payment of money in favor of _____________________________ in the amount of

___________________. If only part of the Canadian judgment is subject to registration (see § 9-

35-3(b) and (c)), describe the part of the judgment being registered:

_____________________________________________________________________

PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND

PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED

     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: ___________________________

     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:

______________________________________________________________________________

     Address of Person(s) Registering Judgment:

______________________________________________________________________________

     Additional Contact Information for Person(s) Registering Judgment (Optional):

     Telephone Number: ________________ FAX Number: ________________

     Email Address: ________________

     Name of Attorney for Person(s) Registering Judgment, if any:_______________________

     Address: _________________________________________

     Telephone Number: ________________ FAX Number: ________________

     Email Address: ________________

     Name of Person(s) Against Whom Judgment is Being Registered: ___________________

     Address of Person(s) Against Whom Judgment is Being Registered:

______________________________________________________________________________

_____________________________________________ (provide the most recent address known)

     Additional Contact Information for Person(s) Against Whom Judgment is Being

Registered (Optional) (provide most recent information known):

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     Telephone Number: ___________________ FAX Number: ____________________

     Email Address: _____________________

PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS

SOUGHT

     Identify the currency or currencies in which each amount is stated.

     The amount of the Canadian judgment or part of the judgment being registered is: _______.

     The amount of interest accrued as of the date of registration on the part of the judgment

being registered is __________________

     The applicable rate of interest is __________________

     The date when interest began to accrue is __________________

     The part of the judgment to which the interest applies is __________________.

     The Canadian court awarded costs and expenses relating to the part of the judgment being

registered in the amount of ______________ (exclude any amount included in the award of costs

and expenses which represents an award of attorneys' fees).

     The Canadian court awarded attorneys' fees relating to the part of the judgment being

registered in the amount of ______________.

     The person registering the Canadian judgment claims post-judgment costs and expenses in

the amount of ______________ and post-judgment attorneys' fees in the amount of

______________ relating to the part of the judgment being registered (include only costs, expenses,

and attorney's fees incurred before registration).

     The amount of the part of the judgment being registered which has been satisfied as of the

date of registration is ______________.

     The total amount for which enforcement of the part of the judgment being registered is

sought is ______________.

PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT

     I, ___________________________________________________________ state:

     [Person Registering Judgment or Attorney for Person Registering Judgment]

     1. The Canadian judgment is final, conclusive, and enforceable under the law of the

Canadian jurisdiction in which it was rendered.

     2. The Canadian judgment or part of the judgment being registered is within the scope of

chapter 34 of title 9 of the Rhode Island General Laws.

     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.

PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION

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     Attached are (check to signify required items are included):

     _____ A copy of the Canadian judgment authenticated in the same manner a copy of a

foreign judgment is authenticated in an action under § 9-34-6 as an accurate copy by the Canadian

court that entered the judgment.

     _____ If the Canadian judgment is not in English, a certified translation of the judgment

into English.

     _____ A registration fee in the amount of one hundred sixty dollars ($160).

     I declare that the information provided on this form is true and correct to the best of my

knowledge and belief.

     Submitted by:

     ___________________________________

     Signature of [Person Registering Judgment]

     [Attorney for Person Registering Judgment]

     [specify whether signer is the person registering the judgment or that person’s attorney]

     Date of submission: __________________

     9-35-5. Effect of registration.

     (a) Subject to subsection (b) of this section, a Canadian judgment registered under § 9-35-

4 has the same effect provided in § 9-34-7 for a judgment a court determines to be entitled to

recognition.

     (b) A Canadian judgment registered under § 9-35-4 may not be enforced by sale or other

disposition of property, or by seizure of property or trustee process, until thirty-one (31) days after

notice under § 9-35-6 of registration is served. The court for cause may provide for a shorter or

longer time. This subsection does not preclude use of relief available under law of this state other

than this chapter to prevent dissipation, disposition, or removal of property.

     9-35-6. Notice of registration.

     (a) A person that registers a Canadian judgment under § 9-35-4 shall cause notice of

registration to be served on the person against whom the judgment has been registered.

     (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 § 9-34-6 of a foreign-country

money judgment.

     (c) Notice under this section must include:

     (1) The date of registration and court in which the judgment was registered;

     (2) The civil action number assigned to the registration;

     (3) The name and address of:

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     (i) The person registering the judgment; and

     (ii) The person’s attorney, if any;

     (4) A copy of the registration, including the documents required under § 9-35-4(b); and

     (5) A statement that:

     (i) The person against whom the judgment has been registered, not later than thirty (30)

days after the date of service of notice, may petition the court to vacate the registration; and

     (ii) The court for cause may provide for a shorter or longer time.

     (d) Proof of service of notice under this section must be filed with the clerk of the court.

     9-35-7. Petition to vacate registration.

     (a) Not later than thirty (30) days after notice under § 9-35-6 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.

     (b) A petition under this section may assert only:

     (1) A ground that could be asserted to deny recognition of the judgment under chapter 34

of title 9; or

     (2) A failure to comply with a requirement of this chapter for registration of the judgment.

     (c) A petition filed under this section does not itself stay enforcement of the registered

judgment.

     (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.

     (e) If the court grants a petition under this section on a ground under subsection (b)(1) of

this section, 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 chapter 34 of title 9.

     9-35-8. Stay of enforcement of judgment pending determination of petition.

     A person that files a petition under § 9-35-7(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 § 9-35-7(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.

     9-35-9. Relationship to uniform foreign-country money judgments recognition act.

     (a) This chapter supplements chapter 34 of title 9 and that chapter, other than § 9-34-6,

applies to a registration under this chapter.

     (b) A person may seek recognition of a Canadian judgment described in § 9-35-3 either:

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     (1) By registration under this chapter; or

     (2) Under § 9-34-6.

     (c) Subject to subsection (d) of this section, a person may not seek recognition in this state

of the same judgment or part of a judgment described in § 9-35-3(b) or (c) with regard to the same

person under both this chapter and § 9-34-6.

     (d) If the court grants a petition to vacate a registration solely on a ground under § 9-35-

7(b)(2), the person seeking registration may:

     (1) If the defect in the registration can be cured, file a new registration under this chapter;

or

     (2) Seek recognition of the judgment under § 9-34-6.

     9-35-10. Uniformity of application and interpretation.

     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.

     9-35-11. Transitional Provision.

     This chapter applies to the registration of a Canadian judgment entered in a proceeding that

is commenced in Canada on or after the effective date of this chapter.

     9-35-12. Official comments.

     It is the intention of the general assembly that the official comments to the Uniform

Foreign-Country Money Judgments Recognition Act as approved and recommended for enactment

in all the States by the National Conference of Commissioners on Uniform State Laws in 2019

represent the express legislative intent of the general assembly and shall be used as a guide for

interpretation of this chapter.

     SECTION 3. This act shall take effect upon passage and shall apply to foreign and

Canadian judgments obtained on or after the effective date of this act.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE GENERALLY --

UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT

***

     This act would establish the policies and procedures required for the recognition and

enforcement of Foreign-Country Money Judgments and Registration of Canadian Judgments by

the superior court.

     This act would take effect upon passage would apply to foreign and Canadian judgments

obtained on or after the effective date of this act.

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