§ 25-1352 — Registration of Canadian judgment

Nebraska § 25-1352

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

(a) A person seeking recognition of a Canadian judgment described in section 25-1351 to enforce the judgment may register the judgment in the office of the clerk of a court in which an action for recognition of the judgment could be filed under section 25-1342 .
(b) A registration under subsection (a) of this section must be executed by the person registering the judgment or the person's attorney and include:
(1) a copy of the Canadian judgment authenticated in the same manner as a copy of a foreign judgment is authenticated in an action under section 25-1342 as an accurate copy by the court that entered the judgment;
(2) the name and address of the person registering the judgment;
(3) if the person registering the judgment is not the person in whose favor the judgment was rendered, a statement describing the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement;
(4) the name and last-known address of the person against whom the judgment is being registered;
(5) if the judgment is of the type described in subsection (b) or (c) of section 25-1351 , a description of the part of the judgment being registered;
(6) the amount of the judgment or part of the judgment being registered, identifying:
(A) the amount of interest accrued as of the date of registration on the judgment or part of the judgment being registered, the rate of interest, the part of the judgment to which interest applies, and the date when interest began to accrue;
(B) costs and expenses included in the judgment or part of the judgment being registered, other than an amount awarded for attorney's fees; and
(C) the amount of an award of attorney's fees included in the judgment or part of the judgment being registered;
(7) the amount, as of the date of registration, of postjudgment costs, expenses, and attorney's fees claimed by the person registering the judgment or part of the judgment;
(8) the amount of the judgment or part of the judgment being registered which has been satisfied as of the date of registration;
(9) a statement that:
(A) the judgment is final, conclusive, and enforceable under the law of the Canadian jurisdiction in which it was rendered;
(B) the judgment or part of the judgment being registered is within the scope of the Uniform Registration of Canadian Money Judgments Act; and
(C) if a part of the judgment is being registered, the amounts stated in the registration under subdivisions (6), (7), and (8) of this subsection relate to the part;
(10) if the judgment is not in English, a certified translation of the judgment into English; and
(11) a registration fee determined by the Supreme Court.
(c) On receipt of a registration that includes the documents, information, and registration fee required by subsection (b) of this section, the clerk shall file the registration, assign a docket number, and enter the Canadian judgment in the court's docket.
(d) A registration substantially in the following form complies with the registration requirements under subsection (b) of this section if the registration includes the attachments specified in the form:
REGISTRATION OF CANADIAN MONEY JUDGMENT
Complete and file this form, together with the documents required by Part V of this form, with the Clerk of Court. When stating an amount of money, identify the currency in which the amount is stated.
PART I. IDENTIFICATION OF CANADIAN JUDGMENT
Canadian Court Rendering the Judgment: ............................
Case/Docket Number in Canadian Court: .............................
Name of Plaintiff(s): .................................
Name of Defendant(s): .................................
The Canadian Court entered the judgment on ...... [Date] in ...... [City] in ....................... [Province or Territory]. The judgment includes an award for the payment of money in favor of ................. in the amount of .................. .
If only part of the Canadian judgment is subject to registration (see subsections (b) and (c) of section 25-1351), describe the part of the judgment being registered: .................................
PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED
Provide the following information for all persons seeking to register the judgment under this registration and all persons against whom the judgment is being registered under this registration.
Name of Person(s) Registering Judgment: ...........................
If a person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement: .................................
Address of Person(s) Registering Judgment: .......................
Additional Contact Information for Person(s) Registering Judgment (Optional): .................................
Telephone Number: ..................
FAX Number: ..................
Email Address: ...........................
Name of Attorney for Person(s) Registering Judgment, if any: .................................
Address: .................................
Telephone Number: ..................
FAX Number: ..................
Email Address: ...........................
Name of Person(s) Against Whom Judgment is Being Registered: ...........................
Address of Person(s) Against Whom Judgment is Being Registered: ........................... (provide the most recent address known)
Additional Contact Information for Person(s) Against Whom Judgment is Being Registered (Optional) (provide most recent information known):
Telephone Number: ..................
FAX Number: ..................
Email Address: ...........................
PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS SOUGHT
Identify the currency or currencies in which each amount is stated.
The amount of the Canadian judgment or part of the judgment being registered is ........................... .
The amount of interest accrued as of the date of registration on the part of the judgment being registered is .................
The applicable rate of interest is ................
The date when interest began to accrue is ...........................
The part of the judgment to which the interest applies is ...........................
The Canadian Court awarded costs and expenses relating to the part of the judgment being registered in the amount of ............... (exclude any amount included in the award of costs and expenses which represents an award of attorney's fees).
The person registering the Canadian judgment claims postjudgment costs and expenses in the amount of ............... and postjudgment attorney's fees in the amount of .................. relating to the part of the judgment being registered (include only costs, expenses, and attorney's fees incurred before registration).
The Canadian Court awarded attorney's fees relating to the part of the judgment being registered in the amount of ..............
The amount of the part of the judgment being registered which has been satisfied as of the date of registration is .................
The total amount for which enforcement of the part of the judgment being registered is sought is ................
PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT
I, ............................... [Person Registering Judgment or Attorney for Person Registering Judgment] state:
1. The Canadian judgment is final, conclusive, and enforceable under the law of the Canadian jurisdiction in which it was rendered.
2. The Canadian judgment or part of the judgment being registered is within the scope of the Uniform Registration of Canadian Money Judgments Act.
3. If only a part of the Canadian judgment is being registered, the amounts stated in Part III of this form relate to that part.
PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION
Attached are (check to signify required items are included):
........ A copy of the Canadian judgment authenticated in the same manner a copy of a foreign judgment is authenticated in an action under section 25-1342 as an accurate copy by the Canadian court that entered the judgment.
........ If the Canadian judgment is not in English, a certified translation of the judgment into English.
........ A registration fee determined by the Supreme Court.
I declare that the information provided on this form is true and correct to the best of my knowledge and belief.
Submitted by: .................................
Signature of [Person Registering Judgment]
[Attorney for Person Registering Judgment]
[specify whether signer is the person registering the judgment or that person's attorney]
Date of submission: ...........................

Legislative History

Source: Laws 2021, LB501, § 16.