D.C. Code § 15-364

Current through codified legislation effective September 18, 2024
Section 15-364 - Standards for recognition of foreign-country judgment
(a) Except as otherwise provided in subsections (b) and (c) of this section, a court of the District of Columbia shall recognize a foreign-country judgment to which this subchapter applies.
(b) A court of the District of Columbia may not recognize a foreign-country judgment if the:
(1) Judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(2) Foreign court did not have personal jurisdiction over the defendant; or
(3) Foreign court did not have jurisdiction over the subject matter.
(c) A court of the District of Columbia need not recognize a foreign-country judgment, if the:
(1) 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) Judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(3) Judgment or the cause of action on which the judgment is based is repugnant to the public policy of the District of Columbia or of the United States;
(4) Judgment conflicts with another final and conclusive judgment;
(5) 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;
(6) Foreign court, in the case of jurisdiction based only on personal service, was a seriously inconvenient forum for the trial of the action;
(7) Judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(8) Specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) of this section exists.

D.C. Code § 15-364

Feb. 24, 2012, D.C. Law 19-86, § 2(b), 58 DCR 11186.

Uniform Law: This section is based on § 4 of the Uniform Foreign-Country Money Judgments Recognition Act.