Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1363
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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