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 § 15-16-45

Title 15CIVIL PROCEDURE

Ch. 15-16JUDGMENTS

This text of South Dakota § 15-16-45 (Criteria for recognition of out-of-country foreign judgments.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 15-16-45 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.