CHAPTER 36. ENFORCEMENT OF JUDGMENTS OF OTHER COUNTRIES

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CIVIL PRACTICE AND REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

SUBTITLE C. JUDGMENTS

CHAPTER 36. ENFORCEMENT OF JUDGMENTS OF OTHER COUNTRIES

Sec. 36.001. DEFINITIONS. In this chapter:

(1) "Foreign country" means a governmental unit other than:

(A) the United States;

(B) a state, district, commonwealth, territory, or insular

possession of the United States;

(D) the Trust Territory of the Pacific Islands.

(2) "Foreign country judgment" means a judgment of a foreign

country granting or denying a sum of money other than a judgment

for:

(A) taxes, a fine, or other penalty; or

(B) support in a matrimonial or family matter.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 36.002. APPLICABILITY. (a) This chapter applies to a

foreign country judgment:

(1) that is final and conclusive and enforceable where rendered,

even though an appeal is pending or the judgment is subject to

appeal; or

(2) that is in favor of the defendant on the merits of the cause

of action and is final and conclusive where rendered, even though

an appeal is pending or the judgment is subject to appeal.

(b) This chapter does not apply to a judgment rendered before

June 17, 1981.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 36.003. SHORT TITLE. This chapter may be cited as the

Uniform Foreign Country Money-Judgment Recognition Act.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 36.004. RECOGNITION AND ENFORCEMENT. Except as provided by

Section 36.005, a foreign country judgment that is filed with

notice given as provided by this chapter, that meets the

requirements of Section 36.002, and that is not refused

recognition under Section 36.0044 is conclusive between the

parties to the extent that it grants or denies recovery of a sum

of money. The judgment is enforceable in the same manner as a

judgment of a sister state that is entitled to full faith and

credit.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Amended by Acts 1989, 71st Leg., ch. 402, Sec. 1, eff. June 14,

1989.

Sec. 36.0041. FILING. A copy of a foreign country judgment

authenticated in accordance with an act of congress, a statute of

this state, or a treaty or other international convention to

which the United States is a party may be filed in the office of

the clerk of a court in the county of residence of the party

against whom recognition is sought or in any other court of

competent jurisdiction as allowed under the Texas venue laws.

Added by Acts 1989, 71st Leg., ch. 402, Sec. 2, eff. June 14,

1989.

Sec. 36.0042. AFFIDAVIT; NOTICE OF FILING. (a) At the time a

foreign country judgment is filed, the party seeking recognition

of the judgment or the party's attorney shall file with the clerk

of the court an affidavit showing the name and last known post

office address of the judgment debtor and the judgment creditor.

(b) The clerk shall promptly mail notice of the filing of the

foreign country judgment to the party against whom recognition is

sought at the address given and shall note the mailing in the

docket.

the party seeking recognition and that party's attorney, if any,

in this state.

Added by Acts 1989, 71st Leg., ch. 402, Sec. 3, eff. June 14,

1989.

Sec. 36.0043. ALTERNATE NOTICE OF FILING. (a) The party

seeking recognition may mail a notice of the filing of the

foreign country judgment to the other party and may file proof of

mailing with the clerk.

(b) A clerk's lack of mailing the notice of filing does not

affect the conclusive recognition of the foreign country judgment

under this chapter if proof of mailing by the party seeking

recognition has been filed.

Added by Acts 1989, 71st Leg., ch. 402, Sec. 4, eff. June 14,

1989.

Sec. 36.0044. CONTESTING RECOGNITION. (a) A party against whom

recognition of a foreign country judgment is sought may contest

recognition of the judgment if, not later than the 30th day after

the date of service of the notice of filing, the party files with

the court, and serves the opposing party with a copy of, a motion

for nonrecognition of the judgment on the basis of one or more

grounds under Section 36.005. If the party is domiciled in a

foreign country, the party must file the motion for

nonrecognition not later than the 60th day after the date of

service of the notice of filing.

(b) The party filing the motion for nonrecognition shall include

with the motion all supporting affidavits, briefs, and other

documentation.

including supporting affidavits, briefs, and other documentation,

not later than the 20th day after the date of service on that

party of a copy of the motion for nonrecognition.

(d) The court may, on motion and notice, grant an extension of

time, not to exceed 20 days unless good cause is shown, for the

filing of a response or any document that is required to

establish a ground for nonrecognition but that is not available

within the time for filing the document.

(e) A party filing a motion for nonrecognition or responding to

the motion may request an evidentiary hearing that the court may

allow in its discretion.

(f) The court may at any time permit or require the submission

of argument, authorities, or supporting material in addition to

that provided for by this section.

(g) The court may refuse recognition of the foreign country

judgment if the motions, affidavits, briefs, and other evidence

before it establish grounds for nonrecognition as specified in

Section 36.005, but the court may not, under any circumstances,

review the foreign country judgment in relation to any matter not

specified in Section 36.005.

Added by Acts 1989, 71st Leg., ch. 402, Sec. 5, eff. June 14,

1989.

Sec. 36.005. GROUNDS FOR NONRECOGNITION. (a) A foreign country

judgment is not conclusive if:

(1) the judgment was rendered under a system that does not

provide impartial tribunals or procedures compatible with the

requirements of due process of law;

(2) the foreign country court did not have personal jurisdiction

over the defendant; or

(3) the foreign country court did not have jurisdiction over the

subject matter.

(b) A foreign country judgment need not be recognized if:

(1) the defendant in the proceedings in the foreign country

court did not receive notice of the proceedings in sufficient

time to defend;

(2) the judgment was obtained by fraud;

(3) the cause of action on which the judgment is based is

repugnant to the public policy of this state;

(4) the judgment conflicts with another final and conclusive

judgment;

(5) the proceeding in the foreign country court was contrary to

an agreement between the parties under which the dispute in

question was to be settled otherwise than by proceedings in that

court;

(6) in the case of jurisdiction based only on personal service,

the foreign country court was a seriously inconvenient forum for

the trial of the action; or

(7) it is established that the foreign country in which the

judgment was rendered does not recognize judgments rendered in

this state that, but for the fact that they are rendered in this

state, conform to the definition of "foreign country judgment."

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 36.006. PERSONAL JURISDICTION. (a) A court may not refuse

to recognize a foreign country judgment for lack of personal

jurisdiction if:

(1) the defendant was served personally in the foreign country;

(2) the defendant voluntarily appeared in the proceedings, other

than for the purpose of protecting property seized or threatened

with seizure in the proceedings or of contesting the jurisdiction

of the court over him;

(3) the defendant prior to the commencement of the proceedings

had agreed to submit to the jurisdiction of the foreign country

court with respect to the subject matter involved;

(4) the defendant was domiciled in the foreign country when the

proceedings were instituted or, if the defendant is a body

corporate, had its principal place of business, was incorporated,

or had otherwise acquired corporate status in the foreign

country;

(5) the defendant had a business office in the foreign country

and the proceedings in the foreign country court involved a cause

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 airplane in the

foreign country and the proceedings involved a cause of action

arising out of operation of the motor vehicle or airplane.

(b) A court of this state may recognize other bases of

jurisdiction.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 36.007. STAY IN CASE OF APPEAL. If the defendant satisfies

the court either that an appeal is pending or that the defendant

is entitled and intends to appeal from the foreign country

judgment, the court may stay the proceedings until the appeal has

been determined or until a period of time sufficient to enable

the defendant to prosecute the appeal has expired.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 36.008. OTHER FOREIGN COUNTRY JUDGMENTS. This chapter does

not prevent the recognition of a foreign country judgment in a

situation not covered by this chapter.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

State Codes and Statutes

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