§1C‑1830. Determining United States dollar value of assets to be seizedor restrained.
(a) Computations underthis section shall not affect computation of the United States dollarequivalent of the money of the judgment for the purpose of payment.
(b) For the limitedpurpose of facilitating the enforcement of provisional remedies in an action,the value in United States dollars of assets to be seized or restrainedpursuant to a writ of attachment, garnishment, execution, or other legalprocess, the amount of United States dollars at issue for assessing costs, orthe amount of United States dollars involved for a surety bond or other court‑requiredundertaking, shall be ascertained as provided in subsections (c) and (d) ofthis section.
(c) A party seeking process,costs, bond, or other undertaking under subsection (b) of this section shallcompute in United States dollars the amount of the foreign‑money claimfrom a bank‑offered spot rate prevailing at or near the close of businesson the banking day next preceding the filing of a request or application forthe issuance of process or for the determination of costs, or an applicationfor a bond or other court‑required undertaking.
(d) A party seeking theprocess, costs, bond, or other undertaking under subsection (b) of this sectionshall file with each request or application an affidavit or certificateexecuted in good faith by its counsel or a bank officer, stating the marketquotation used and how it was obtained, and setting forth the calculation.Affected court officials shall incur no liability, after a filing of theaffidavit or certificate, for acting as if the judgment were in the amount ofUnited States dollars stated in the affidavit or certificate. (1995,c. 213, s. 1.)
§1C‑1830. Determining United States dollar value of assets to be seizedor restrained.
(a) Computations underthis section shall not affect computation of the United States dollarequivalent of the money of the judgment for the purpose of payment.
(b) For the limitedpurpose of facilitating the enforcement of provisional remedies in an action,the value in United States dollars of assets to be seized or restrainedpursuant to a writ of attachment, garnishment, execution, or other legalprocess, the amount of United States dollars at issue for assessing costs, orthe amount of United States dollars involved for a surety bond or other court‑requiredundertaking, shall be ascertained as provided in subsections (c) and (d) ofthis section.
(c) A party seeking process,costs, bond, or other undertaking under subsection (b) of this section shallcompute in United States dollars the amount of the foreign‑money claimfrom a bank‑offered spot rate prevailing at or near the close of businesson the banking day next preceding the filing of a request or application forthe issuance of process or for the determination of costs, or an applicationfor a bond or other court‑required undertaking.
(d) A party seeking theprocess, costs, bond, or other undertaking under subsection (b) of this sectionshall file with each request or application an affidavit or certificateexecuted in good faith by its counsel or a bank officer, stating the marketquotation used and how it was obtained, and setting forth the calculation.Affected court officials shall incur no liability, after a filing of theaffidavit or certificate, for acting as if the judgment were in the amount ofUnited States dollars stated in the affidavit or certificate. (1995,c. 213, s. 1.)
§1C‑1830. Determining United States dollar value of assets to be seizedor restrained.
(a) Computations underthis section shall not affect computation of the United States dollarequivalent of the money of the judgment for the purpose of payment.
(b) For the limitedpurpose of facilitating the enforcement of provisional remedies in an action,the value in United States dollars of assets to be seized or restrainedpursuant to a writ of attachment, garnishment, execution, or other legalprocess, the amount of United States dollars at issue for assessing costs, orthe amount of United States dollars involved for a surety bond or other court‑requiredundertaking, shall be ascertained as provided in subsections (c) and (d) ofthis section.
(c) A party seeking process,costs, bond, or other undertaking under subsection (b) of this section shallcompute in United States dollars the amount of the foreign‑money claimfrom a bank‑offered spot rate prevailing at or near the close of businesson the banking day next preceding the filing of a request or application forthe issuance of process or for the determination of costs, or an applicationfor a bond or other court‑required undertaking.
(d) A party seeking theprocess, costs, bond, or other undertaking under subsection (b) of this sectionshall file with each request or application an affidavit or certificateexecuted in good faith by its counsel or a bank officer, stating the marketquotation used and how it was obtained, and setting forth the calculation.Affected court officials shall incur no liability, after a filing of theaffidavit or certificate, for acting as if the judgment were in the amount ofUnited States dollars stated in the affidavit or certificate. (1995,c. 213, s. 1.)
