South Dakota § 15-16-45 Criteria for recognition of out-of-country foreign judgments.

South Dakota Statutes

§ 15-16-45 — Criteria for recognition of out-of-country foreign judgments.

South Dakota·Title 15 CIVIL PROCEDURE·Ch. 15-16 JUDGMENTS

In deciding whether to enforce and recognize an out-of-country foreign judgment, the court shall consider the following factors when deciding whether to enforce and recognize a out-of-country foreign judgment, to wit:

(1)The foreign court actually had jurisdiction over both the subject matter and the parties;

(2)The judgment was not obtained fraudulently;

(3)The judgment was rendered by a system of law reasonably assuring the requisites of an impartial administration of justice which includes due notice and a hearing;

(4)The judgment did not contravene the public policy of the jurisdiction in which it is relied upon; and (5) The jurisdiction issuing the order or judgment also grants comity to orders and judgments of South Dakota courts.

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In deciding whether to enforce and recognize an out-of-country foreign judgment, the court shall consider the following factors when deciding whether to enforce and recognize a out-of-country foreign judgment, to wit: (1) The foreign court actually had jurisdiction over both the subject matter and the parties; (2) The judgment was not obtained fraudulently; (3) The judgment was rendered by a system of law reasonably assuring the requisites of an impartial administration of justice which includes due notice and a hearing; (4) The judgment did not contravene the public policy of the jurisdiction in which it is relied upon; and (5) The jurisdiction issuing the order or judgment also grants comity to orders and judgments of South Dakota courts.

South Dakota § 15-16-45 (Criteria for recognition of out-of-country foreign judgments.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.