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Section 15-16-45 - Criteria for recognition of out-of-country foreign judgments — South Dakota Law | CourtGPT
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South Dakota Legal Code

Section 15-16-45 - Criteria for recognition of out-of-country foreign judgments

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15-16-45. Criteria for recognition of out-of-country foreign judgments.In deciding whether to enforce and recognize an out-of-country foreign judgment, the court shall consider the following factors when deciding whether to enforce and recognize a out-of-country foreign judgment, to wit:(1)The foreign court actually had jurisdiction over both the subject matter and the parties;(2)The judgment was not obtained fraudulently;(3)The judgment was rendered by a system of law reasonably assuring the requisites of an impartial administration of justice which includes due notice and a hearing;(4)The judgment did not contravene the public policy of the jurisdiction in which it is relied upon; and(5)The jurisdiction issuing the order or judgment also grants comity to orders and judgments of South Dakota courts. Source: SL 2013, ch 98, §2.