§ 34-54-12-3 — Recognition of a foreign country judgment

(a) Except as provided in subsections (b) and
(c), a court shall recognize a foreign country judgment to which this
chapter applies.
(b) A court may not recognize a foreign country judgment if:
(1) 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;
(2) the foreign court did not have personal jurisdiction over the
defendant; or
(3) the foreign court did not have jurisdiction over the subject
matter.
(c) A court is not required to recognize a foreign country judgment
if:
(1) 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;
(2) the judgment was obtained by fraud that deprived the losing
party of an adequate opportunity to present its case;
(3) the judgment or the cause of action on which the judgment is
based is repugnant to the public policy of Indiana or of the United
States;
(4) the judgment conflicts with another final and conclusive
judgment;
(5) 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;
(6) in the case of jurisdiction based only on personal service, the
foreign court was a seriously inconvenient forum for the trial of
the action;
(7) the judgment was rendered in circumstances that raise
substantial doubt about the integrity of the rendering court with
respect to the judgment; or
(8) the 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) exists.

Legislative History

As added by P.L.213-2011, SEC.2.