§ 13-62-104 — Standards for recognition of foreign-country judgment

Colorado § 13-62-104

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Uniform Foreign-country Money

Text

(1)
Except as otherwise provided in subsections (2) and (3) of this section, a court of
this state shall recognize a foreign-country judgment to which this article applies.

(2) A court of this state may not recognize a foreign-country judgment if:

(a) The judgment was rendered under a judicial system that does not provide
impartial tribunals or procedures compatible with the requirements of due process
of law;

(b) The foreign court did not have personal jurisdiction over the defendant; or

(c) The foreign court did not have jurisdiction over the subject matter.

(3) A court of this state need not recognize a foreign-country judgment if:

(a) The defendant in the proceeding in the foreign court did not receive
notice of the proceeding in sufficient time to enable the defendant to defend;

(b) The judgment was obtained by fraud that deprived the losing party of an
adequate opportunity to present its case;

(c) The judgment or the claim for relief on which the judgment is based is
repugnant to the public policy of this state or of the United States;

(d) The judgment conflicts with another final and conclusive judgment;

(e) The 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;

(f) In the case of jurisdiction based only on personal service, the foreign
court was a seriously inconvenient forum for the trial of the action;

(g) The judgment was rendered in circumstances that raise substantial doubt
about the integrity of the rendering court with respect to the judgment; or

(h) The specific proceeding in the foreign court leading to the judgment was
not compatible with the requirements of due process of law.

(4) A party resisting recognition of a foreign-country judgment has the
burden of establishing that a ground for nonrecognition stated in subsection (2) or
(3) of this section exists.

Legislative History

Source: L. 2008: Entire article R&RE, p. 100, � 1, effective August 5.