State Codes and Statutes

Statutes > Missouri > T35 > C511 > 511_780

Judgment--not conclusive, when--need not be recognized, when.

511.780. 1. A foreign country judgment is not conclusiveif:

(1) The judgment was rendered under a system which does notprovide impartial tribunals or procedures compatible with therequirements of due process of law;

(2) The foreign court did not have personal jurisdictionover the defendant; or

(3) The foreign court did not have jurisdiction over thesubject matter.

2. A foreign country judgment need not be recognized if:

(1) The defendant in the proceedings in the foreign courtdid not receive notice of the proceedings in sufficient time toenable him to defend;

(2) The judgment was obtained by fraud;

(3) The claim for relief on which the judgment is based isrepugnant to the public policy of this state;

(4) The judgment conflicts with another final and conclusivejudgment;

(5) The proceeding in the foreign court was contrary to anagreement between the parties under which the dispute in questionwas to be settled otherwise than by proceedings in that court; or

(6) In the case of jurisdiction based only on personalservice, the foreign court was a seriously inconvenient forum forthe trial of the action.

(L. 1984 H.B. 957 § 4)

State Codes and Statutes

Statutes > Missouri > T35 > C511 > 511_780

Judgment--not conclusive, when--need not be recognized, when.

511.780. 1. A foreign country judgment is not conclusiveif:

(1) The judgment was rendered under a system which does notprovide impartial tribunals or procedures compatible with therequirements of due process of law;

(2) The foreign court did not have personal jurisdictionover the defendant; or

(3) The foreign court did not have jurisdiction over thesubject matter.

2. A foreign country judgment need not be recognized if:

(1) The defendant in the proceedings in the foreign courtdid not receive notice of the proceedings in sufficient time toenable him to defend;

(2) The judgment was obtained by fraud;

(3) The claim for relief on which the judgment is based isrepugnant to the public policy of this state;

(4) The judgment conflicts with another final and conclusivejudgment;

(5) The proceeding in the foreign court was contrary to anagreement between the parties under which the dispute in questionwas to be settled otherwise than by proceedings in that court; or

(6) In the case of jurisdiction based only on personalservice, the foreign court was a seriously inconvenient forum forthe trial of the action.

(L. 1984 H.B. 957 § 4)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T35 > C511 > 511_780

Judgment--not conclusive, when--need not be recognized, when.

511.780. 1. A foreign country judgment is not conclusiveif:

(1) The judgment was rendered under a system which does notprovide impartial tribunals or procedures compatible with therequirements of due process of law;

(2) The foreign court did not have personal jurisdictionover the defendant; or

(3) The foreign court did not have jurisdiction over thesubject matter.

2. A foreign country judgment need not be recognized if:

(1) The defendant in the proceedings in the foreign courtdid not receive notice of the proceedings in sufficient time toenable him to defend;

(2) The judgment was obtained by fraud;

(3) The claim for relief on which the judgment is based isrepugnant to the public policy of this state;

(4) The judgment conflicts with another final and conclusivejudgment;

(5) The proceeding in the foreign court was contrary to anagreement between the parties under which the dispute in questionwas to be settled otherwise than by proceedings in that court; or

(6) In the case of jurisdiction based only on personalservice, the foreign court was a seriously inconvenient forum forthe trial of the action.

(L. 1984 H.B. 957 § 4)