North Dakota § 28-20.3-03 Standards for recognition of foreign-country judgment

North Dakota Statutes

§ 28-20.3-03 — Standards for recognition of foreign-country judgment

North Dakota § 28-20.3-03

Title 28Judicial Procedure, Civil

Ch. 28-20.3Uniform Foreign Money Judgments Recognition Act

This text of North Dakota § 28-20.3-03 (Standards for recognition of foreign-country judgment) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 28-20.3-03 (2026).

Text

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

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1. Except as otherwise provided in subsections 2 and 3, a court of this state shall
recognize a foreign-country judgment to which this chapter 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 cause of action 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 exists.