HLS 10RS-900 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 701
BY REPRESENTATIVE WOOTON
JUDGMENTS: Provides for grounds for recognition of foreign defamation judgments
AN ACT1
To enact R.S. 13:4249, relative to foreign defamation judgments; to provide the grounds for2
the recognition of foreign defamation judgments; to provide for jurisdiction; to3
provide for definitions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 13:4249 is hereby enacted to read as follows: 6
ยง4249. Grounds for recognition of foreign defamation judgments7
A. For the purposes of this Section, "foreign defamation judgment" means8
a judgment or decree rendered in a jurisdiction outside of any state or territory of the9
United States which was founded on a cause of action arising from allegations of10
defamation.11
B. A foreign defamation judgment is not conclusive if any of the following12
apply:13
(1) The judgment was rendered under a system which does not provide14
impartial tribunals or procedures compatible with the requirements of due process15
of law.16
(2) The foreign court did not have personal jurisdiction over the defendant.17
(3) The foreign court did not have jurisdiction over the subject matter.18
C. A foreign defamation judgment need not be recognized if any of the19
following apply:20 HLS 10RS-900 ENGROSSED
HB NO. 701
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are additions.
(1) The defendant in the proceedings in the foreign court did not receive1
notice of the proceedings in sufficient time to enable him to provide a defense.2
(2) The judgment was obtained by fraud.3
(3) The cause of action or claim for relief on which the judgment is based is4
repugnant to the public policy of this state.5
(4) The judgment conflicts with another final and conclusive order.6
(5) The proceeding in the foreign court was contrary to an agreement7
between the parties under which the dispute in question was to be settled otherwise8
than by proceedings in that court.9
(6) In the case of jurisdiction based only on personal service, the foreign10
court was an inconvenient forum for the trial of the action.11
(7) The foreign jurisdiction where judgment was rendered would not give12
recognition to a similar judgment rendered in this state.13
(8) The court sitting in this state before which the matter is brought14
determines that the defamation law applied in the adjudication by the foreign court15
failed to provide at least as much protection for freedom of speech and press in that16
case as would be provided by the constitutions of this state and the United States.17
D. For the purposes of rendering declaratory relief with respect to the18
liability of a person for a foreign defamation judgment and determining whether the19
foreign defamation judgment should be deemed recognizable pursuant to this20
Section, the courts of this state have personal jurisdiction over any person who21
obtains a judgment in a defamation proceeding outside the United States against any22
of the following persons:23
(1) A resident of this state.24
(2) A person or entity amenable to the jurisdiction of this state.25
(3) A person who has assets in this state.26
(4) A person who may have to take action in this state to comply with the27
judgment.28 HLS 10RS-900 ENGROSSED
HB NO. 701
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Wooton HB No. 701
Abstract: Provides the procedures for determining whether a foreign defamation judgment
is enforceable in this state.
Present law (R.S. 13:4241-4248) provides for the Enforcement of Foreign Judgments Act,
which provides the procedures for the enforcement of foreign judgments entitled to the full
faith and credit of this state.
Proposed law defines "foreign defamation judgment" as a judgment or decree rendered in
a jurisdiction outside of any state or territory of the U.S. which was founded on a cause of
action arising from allegations of defamation.
Proposed law provides that a foreign defamation 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.
Proposed law provides that a foreign defamation 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 enable him to defend; (2) the judgment was obtained by
fraud; (3) the cause of action or 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
order; (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; (6) in the case of jurisdiction based only on personal service, the foreign court
was an inconvenient forum for the trial of the action; (7) the foreign jurisdiction where
judgment was rendered would not give recognition to a similar judgment rendered in this
state; or (8) the court sitting in this state before which the matter is brought determines that
the defamation law applied in the adjudication by the foreign court failed to provide at least
as much protection for freedom of speech and press in that case as would be provided by the
constitutions of this state and the U.S.
Proposed law provides that for the purposes of determining whether the foreign defamation
judgment should be deemed recognizable, the courts of this state have personal jurisdiction
over any person who obtains a judgment in a defamation proceeding outside the U.S. against
any person who is: (1) a resident of this state; (2) a person or entity amenable to the
jurisdiction of this state; (3) a person who has assets in this state; or (4) a person who may
have to take action in this state to comply with the judgment.
(Adds R.S. 13:4249)