§ 9-35-7 — § 9-35-7. Petition to vacate registration.

Rhode Island § 9-35-7

• Jurisdiction: Rhode Island
• Title 9: COURTS and CIVIL PROCEDURE–PROCEDURE GENERALLY
• Ch. 9-35: Uniform Registration of Canadian Money Judgments Act

Text

§ 9-35-7. Petition to vacate registration.

(a) Not later than thirty (30) days after notice under § 9-35-6 is served, the person against whom the judgment was registered may petition the court to vacate the registration. The court for cause may provide for a shorter or longer time for filing the petition.

(b) A petition under this section may assert only:

(1) A ground that could be asserted to deny recognition of the judgment under chapter 34 of title 9; or

(2) A failure to comply with a requirement of this chapter for registration of the judgment.

(c) A petition filed under this section does not itself stay enforcement of the registered judgment.

(d) If the court grants a petition under this section, the registration is vacated, and any act under the registration to enforce the registered judgment is void.

(e) If the court grants a petition under this section on a ground under subsection (b)(1) of this section, the court also shall render a judgment denying recognition of the Canadian judgment. A judgment rendered under this subsection has the same effect as a judgment denying recognition to a judgment on the same ground under chapter 34 of title 9.

Legislative History

P.L. 2021, ch. 134, § 2, effective July 3, 2021; P.L. 2021, ch. 156, § 2, effective July 3, 2021.