Connecticut 2014 Regular Session

Connecticut House Bill HB05591 Compare Versions

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11 General Assembly Raised Bill No. 5591
22 February Session, 2014 LCO No. 2972
33 *02972_______JUD*
44 Referred to Committee on JUDICIARY
55 Introduced by:
66 (JUD)
77
88 General Assembly
99
1010 Raised Bill No. 5591
1111
1212 February Session, 2014
1313
1414 LCO No. 2972
1515
1616 *02972_______JUD*
1717
1818 Referred to Committee on JUDICIARY
1919
2020 Introduced by:
2121
2222 (JUD)
2323
2424 AN ACT CONCERNING THE ADOPTION OF THE UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT.
2525
2626 Be it enacted by the Senate and House of Representatives in General Assembly convened:
2727
2828 Section 1. (NEW) (Effective October 1, 2014) Sections 1 to 11, inclusive, of this act may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.
2929
3030 Sec. 2. (NEW) (Effective October 1, 2014) As used in this section and sections 3 to 11, inclusive, of this act, unless the context clearly requires otherwise:
3131
3232 (1) "Foreign country" means a government other than:
3333
3434 (A) The United States;
3535
3636 (B) A state, district, commonwealth, territory or insular possession of the United States; or
3737
3838 (C) 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.
3939
4040 (2) "Foreign-country judgment" means a judgment of a court of a foreign country.
4141
4242 Sec. 3. (NEW) (Effective October 1, 2014) (a) Except as provided in subsection (b) of this section, sections 2 to 11, inclusive, of this act apply to a foreign-country judgment to the extent that the judgment:
4343
4444 (1) Grants or denies recovery of a sum of money; and
4545
4646 (2) Under the law of the foreign country where rendered, is final, conclusive and enforceable.
4747
4848 (b) Sections 2 to 11, inclusive, of this act do 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:
4949
5050 (1) A judgment for taxes;
5151
5252 (2) A fine or other penalty; or
5353
5454 (3) A judgment for divorce, support or maintenance, or other judgment rendered in connection with domestic relations.
5555
5656 (c) A party seeking recognition of a foreign-country judgment has the burden of establishing that sections 2 to 11, inclusive, of this act apply to the foreign-country judgment.
5757
5858 Sec. 4. (NEW) (Effective October 1, 2014) (a) Except as provided in subsections (b) and (c) of this section, a court of this state shall recognize a foreign-country judgment to which sections 2 to 11, inclusive, of this act apply.
5959
6060 (b) A court of this state may not recognize a foreign-country judgment if:
6161
6262 (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;
6363
6464 (2) The foreign court did not have personal jurisdiction over the defendant; or
6565
6666 (3) The foreign court did not have jurisdiction over the subject matter.
6767
6868 (c) A court of this state need not recognize a foreign-country judgment if:
6969
7070 (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;
7171
7272 (2) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
7373
7474 (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;
7575
7676 (4) The judgment conflicts with another final and conclusive judgment;
7777
7878 (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;
7979
8080 (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;
8181
8282 (7) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
8383
8484 (8) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
8585
8686 (d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition set forth in subsection (b) or (c) of this section exists.
8787
8888 Sec. 5. (NEW) (Effective October 1, 2014) (a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
8989
9090 (1) The defendant was served with process personally in the foreign country;
9191
9292 (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 contesting the jurisdiction of the court over the defendant;
9393
9494 (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;
9595
9696 (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;
9797
9898 (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
9999
100100 (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.
101101
102102 (b) The bases for personal jurisdiction set forth in subsection (a) of this section are not exclusive. The courts of this state may recognize bases for personal jurisdiction other than those set forth in subsection (a) of this section as sufficient to support a foreign-country judgment.
103103
104104 Sec. 6. (NEW) (Effective October 1, 2014) (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.
105105
106106 (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.
107107
108108 Sec. 7. (NEW) (Effective October 1, 2014) If the court in a proceeding under section 6 of this act finds that the foreign-country judgment is entitled to recognition under sections 2 to 11, inclusive, of this act, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
109109
110110 (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
111111
112112 (2) Enforceable in the same manner and to the same extent as a judgment rendered in this state.
113113
114114 Sec. 8. (NEW) (Effective October 1, 2014) 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.
115115
116116 Sec. 9. (NEW) (Effective October 1, 2014) An action to recognize a foreign-country judgment shall be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or fifteen years from the date that the foreign-country judgment became effective in the foreign country.
117117
118118 Sec. 10. (NEW) (Effective October 1, 2014) In applying and construing sections 2 to 11, inclusive, of this act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
119119
120120 Sec. 11. (NEW) (Effective October 1, 2014) Sections 2 to 11, inclusive, of this act do not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of sections 2 to 11, inclusive, of this act.
121121
122122 Sec. 12. Sections 50a-30 to 50a-38, inclusive, of the general statutes are repealed. (Effective October 1, 2014)
123123
124124
125125
126126
127127 This act shall take effect as follows and shall amend the following sections:
128128 Section 1 October 1, 2014 New section
129129 Sec. 2 October 1, 2014 New section
130130 Sec. 3 October 1, 2014 New section
131131 Sec. 4 October 1, 2014 New section
132132 Sec. 5 October 1, 2014 New section
133133 Sec. 6 October 1, 2014 New section
134134 Sec. 7 October 1, 2014 New section
135135 Sec. 8 October 1, 2014 New section
136136 Sec. 9 October 1, 2014 New section
137137 Sec. 10 October 1, 2014 New section
138138 Sec. 11 October 1, 2014 New section
139139 Sec. 12 October 1, 2014 Repealer section
140140
141141 This act shall take effect as follows and shall amend the following sections:
142142
143143 Section 1
144144
145145 October 1, 2014
146146
147147 New section
148148
149149 Sec. 2
150150
151151 October 1, 2014
152152
153153 New section
154154
155155 Sec. 3
156156
157157 October 1, 2014
158158
159159 New section
160160
161161 Sec. 4
162162
163163 October 1, 2014
164164
165165 New section
166166
167167 Sec. 5
168168
169169 October 1, 2014
170170
171171 New section
172172
173173 Sec. 6
174174
175175 October 1, 2014
176176
177177 New section
178178
179179 Sec. 7
180180
181181 October 1, 2014
182182
183183 New section
184184
185185 Sec. 8
186186
187187 October 1, 2014
188188
189189 New section
190190
191191 Sec. 9
192192
193193 October 1, 2014
194194
195195 New section
196196
197197 Sec. 10
198198
199199 October 1, 2014
200200
201201 New section
202202
203203 Sec. 11
204204
205205 October 1, 2014
206206
207207 New section
208208
209209 Sec. 12
210210
211211 October 1, 2014
212212
213213 Repealer section
214214
215215 Statement of Purpose:
216216
217217 To revise the Uniform Foreign Money-Judgments Recognition Act through adoption of the Uniform Foreign-Country Money Judgments Recognition Act.
218218
219219 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]