Chapter 52

7 GCA CIVIL PROCEDURE CH 52 THE UNIFORM FOREIGN MONEY -JUDGMENTS RECOGNITION ACT OF 2014 1 CHAPTER 52 THE UNIFORM FOREIGN MONEY -JUDGMENTS RECOGNITION ACT OF 2014 SOURCE: P.L. 32-215:3 (Dec. 29, 2014) added 7 GCA Chapter 52. § 52101. Title. § 52102. Definitions. § 52103. Applicability of Article. § 52104. Standards for Recognition of Foreign-Count ry Judgment. § 52105. Personal Jurisdiction. § 52106. Procedure for Raising Issue of Recognition of Foreign-Country Money Judgment. § 52107. Effect of Recognition of Foreign-Country J udgment. § 52108. Stay of Proceedings Pending Appeal of Fore ign-Country Judgment. § 52109. Statute of Limitations. § 52110. Uniformity of Interpretation. § 52111. Saving Clause. § 52101. Title. This Chapter shall be known as the 'Uniform Foreign Money- Judgments Recognition Act of 2014.' § 52102. Definitions. As used in this Chapter: (a) Foreign country means a government other than: (1) the United States; (2) a state, district, commonwealth, territory, or insular possession of the United States; or (3) any other government with regard to which the d ecision in this state as to whether to recognize a judgment of that government's courts is initially

or insular possession of the United States; or (3) any other government with regard to which the d ecision in this state as to whether to recognize a judgment of that government's courts is initially subject to determi nation under the Full Faith and Credit Clause of the United States C onstitution. (b) Foreign-country judgment means a judgment of a court of a foreign country. COL72220157 GCA CIVIL PROCEDURE CH 52 THE UNIFORM FOREIGN MONEY -JUDGMENTS RECOGNITION ACT OF 2014 2 § 52103. Applicability of Article. (a) Except as otherwise provided in Subsection (b), this Chapter applies to a foreign-country judgment to the extent that the judgment both: (1) grants or denies recovery of a sum of money; an d (2) under the law of the foreign country where rend ered, is final, conclusive, and enforceable. (b) This Chapter does not apply to a foreign-countr y 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 maintenanc e, or other judgment rendered in connection with domestic relat ions.

hat the judgment is: (1) a judgment for taxes; (2) a fine or other penalty; or (3) a judgment for divorce, support, or maintenanc e, or other judgment rendered in connection with domestic relat ions. (c) A party seeking recognition of a foreign-count ry judgment has the burden of establishing that this Chapter applies to the foreign-country judgment. § 52104. Standards for Recognition of Foreign-Coun try Judgment. (a) Except as otherwise provided in Subsections ( b) and (c), a court of Guam shall recognize a foreign-country judgment to which this Chapter applies. (b) A court of Guam shall not recognize a foreign- country judgment if any of the following apply: (1) the judgment was rendered under a judicial sys tem that does not provide impartial tribunals or procedures compa tible with the requirements of due process of law; (2) the foreign court did not have personal jurisdi ction over the defendant; (3) the foreign court did not have jurisdiction ove r the subject matter. (c) A court of Guam need not recognize a foreign-c ountry judgment if any of the following apply: COL72220157 GCA CIVIL PROCEDURE CH 52 THE UNIFORM FOREIGN MONEY -JUDGMENTS RECOGNITION ACT OF 2014 3 (1) the

ourt of Guam need not recognize a foreign-c ountry judgment if any of the following apply: COL72220157 GCA CIVIL PROCEDURE CH 52 THE UNIFORM FOREIGN MONEY -JUDGMENTS RECOGNITION ACT OF 2014 3 (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 deprive d the losing party of an adequate opportunity to present its cas e; (3) the judgment or the cause of action or claim fo r relief on which the judgment is based is repugnant to the pub lic policy of Guam or of the United States; (4) the judgment conflicts with another final and c onclusive judgment; (5) the proceeding in the foreign court was contra ry to an agreement between the parties under which the dispu te in question was to be determined otherwise than by proceedings in t hat foreign court; (6) in the case of jurisdiction based only on perso nal service, the foreign court was a seriously inconvenient forum fo r the trial of the action; (7) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the render ing court with respect to the judgment; (8)

onvenient forum fo r the trial of the action; (7) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the render ing court with respect to the judgment; (8) the specific proceeding in the foreign court le ading to the judgment was not compatible with the requirements o f due process of law. (d) A party resisting recognition of a foreign-cou ntry judgment has the burden of establishing that a ground for non-recogn ition stated in Subsection (b) or (c) exists. § 52105. Personal Jurisdiction. (a) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if any of the followi ng apply: (1) the defendant was served with process personall y in the foreign country; (2) the defendant voluntarily appeared in the proce eding, other than for the purpose of protecting property seized or threatened with COL72220157 GCA CIVIL PROCEDURE CH 52 THE UNIFORM FOREIGN MONEY -JUDGMENTS RECOGNITION ACT OF 2014 4 seizure in the proceeding or of contesting the juri sdiction of the court over the defendant; (3) the defendant, before the commencement of the p roceeding, had agreed to submit to the jurisdiction of the for eign

proceeding or of contesting the juri sdiction of the court over the defendant; (3) the defendant, before the commencement of the p roceeding, had agreed to submit to the jurisdiction of the for eign court with respect to the subject matter involved; (4) the defendant was domiciled in the foreign coun try when the proceeding was instituted or was a corporation or o ther 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 fore ign country and the proceeding in the foreign court involved a caus e 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 airpl ane 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) is not exclusive. The courts of this state may recognize b ases of personal jurisdiction other than those listed in Subsection (a) as sufficient to support a foreign-country judgment. § 52106.

on (a) is not exclusive. The courts of this state may recognize b ases of personal jurisdiction other than those listed in Subsection (a) as sufficient to support a foreign-country judgment. § 52106. Procedure for Raising Issue of Recognitio n of Foreign- Country Money Judgment. (a) If recognition of a foreign-country judgment i s 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 i s sought in a pending action, the issue of recognition may be raised by c ounterclaim, cross-claim, or affirmative defense. § 52107. Effect of Recognition of Foreign-Country Judgment. If the court in a proceeding under § 52106 finds th at the foreign-country judgment is entitled to recognition under this Chap ter then, to the extent that the foreign-country judgment grants or denies recov ery of a sum of money, the foreign-country judgment is: COL72220157 GCA CIVIL PROCEDURE CH 52 THE UNIFORM FOREIGN MONEY -JUDGMENTS RECOGNITION ACT OF 2014 5 (a) conclusive between the parties to the same ext ent as the judgment of a sister state entitled to full faith a nd

VIL PROCEDURE CH 52 THE UNIFORM FOREIGN MONEY -JUDGMENTS RECOGNITION ACT OF 2014 5 (a) conclusive between the parties to the same ext ent as the judgment of a sister state entitled to full faith a nd credit in this state would be conclusive; and (b) enforceable in the same manner and to the same extent as a judgment rendered in Guam. § 52108. Stay of Proceedings Pending Appeal of For eign-Country Judgment. If a party establishes that an appeal from a foreig n-country judgment is pending or will be taken, the court may stay any pr oceedings with regard to the foreign-country judgment until the appeal is co ncluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so. § 52109. Statute of Limitations. An action to recognize a foreign-country judgment m ust be commenced within the earlier of the time during which the for eign-country judgment is effective in the foreign country or fifteen (15) ye ars from the date that the foreign-country judgment became effective in the fo reign country. § 52110. Uniformity of Interpretation.

ry judgment is effective in the foreign country or fifteen (15) ye ars from the date that the foreign-country judgment became effective in the fo reign country. § 52110. Uniformity of Interpretation. In applying and construing this Chapter, considerat ion must be given to the need to promote uniformity of the law with resp ect to its subject matter among states that enact the 'Uniform Foreign-Countr y Money Judgments Recognition Act.' § 52111. Saving Clause. The Uniform Foreign-Country Money Judgments Recogni tion Act does not prevent the recognition under principles of com ity or otherwise of a foreign-country judgment not within the scope of th at Act. --------- COL7222015