SB 1363
Initials LC/ES/DG Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: FIN DP 8-0-0-0 | 3rd Read 28-0-2-0
SB 1363: foreign-country judgments; applicability
Sponsor: Senator Mesnard, LD 17
Committee on Judiciary
Overview
States that existing law does not prevent the recognition of a foreign-country judgment outside
the scope of existing law.
History
Statute outlines the applicability of foreign-country judgments regarding the recovery of a sum of
money. In 2015, the Legislature passed the Uniform Foreign-Country Money Judgments
Recognition Act (Act) that provides a legal framework for foreign, civil money judgments to be
recognized in Arizona (Laws 2015, Chapter 170). The Act is not applicable to foreign-country
judgments that grants or denies the recovery of a sum of money for:
1) A judgment for taxes;
2) A fine or other penalty; or
3) A domestic relations judgment (A.R.S. § 12-3252).
Foreign-country judgments from a country that has not adopted reciprocal laws relating to foreign-
country money judgments are not applicable to the Act. The party seeking recognition of a foreign-
country judgment is burdened with establishing that the Act applies (A.R.S. § 12-3252).
A court is prohibited from recognizing a foreign-country judgment in which:
1) The judgment was rendered under a judicial system that does not provide fair 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 (A.R.S. § 12-3253).
In instances prescribed in statute, the court may choose not to recognize a foreign-country
judgment (A.R.S. § 12-3253).
Provisions
1. Establishes that existing law does not prevent the recognition under principles of comity or
otherwise of a foreign-country judgment outside the scope of existing law. (Sec. 1)
2. Makes technical corrections. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note