CIVIL PRACTICE & REMEDIES CODE
CHAPTER 36. ENFORCEMENT OF JUDGMENTS OF OTHER COUNTRIES
§ 36.001. DEFINITIONS. In this chapter:
(1) 'Foreign country' means a governmental unit other
than:
(A) the United States;
(B) a state, district, commonwealth, territory,
or insular possession of the United States;
(C) the Panama Canal Zone; or
(D) the Trust Territory of the Pacific Islands.
(2) 'Foreign country judgment' means a judgment of a
foreign country granting or denying a sum of money other than a
judgment for:
(A) taxes, a fine, or other penalty; or
(B) support in a matrimonial or family matter.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 36.002. APPLICABILITY. (a) This chapter applies to
a foreign country judgment:
(1) that is final and conclusive and enforceable where
rendered, even though an appeal is pending or the judgment is
subject to appeal; or
(2) that is in favor of the defendant on the merits of
the cause of action and is final and conclusive where rendered, even
though an appeal is pending or the judgment is subject to appeal.
(b) This chapter does not apply to a judgment rendered
before June 17, 1981.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 36.003. SHORT TITLE. This chapter may be cited as the
Uniform Foreign Country Money-Judgment Recognition Act.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 36.004. RECOGNITION AND ENFORCEMENT. Except as
provided by Section 36.005, a foreign country judgment that is
filed with notice given as provided by this chapter, that meets the
requirements of Section 36.002, and that is not refused recognition
under Section 36.0044 is conclusive between the parties to the
extent that it grants or denies recovery of a sum of money. The
judgment is enforceable in the same manner as a judgment of a sister
state that is entitled to full faith and credit.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended
by Acts 1989, 71st Leg., ch. 402, § 1, eff. June 14, 1989.
§ 36.0041. FILING. A copy of a foreign country judgment
authenticated in accordance with an act of congress, a statute of
this state, or a treaty or other international convention to which
the United States is a party may be filed in the office of the clerk
of a court in the county of residence of the party against whom
recognition is sought or in any other court of competent
jurisdiction as allowed under the Texas venue laws.
Added by Acts 1989, 71st Leg., ch. 402, § 2, eff. June 14, 1989.
§ 36.0042. AFFIDAVIT; NOTICE OF FILING. (a) At the
time a foreign country judgment is filed, the party seeking
recognition of the judgment or the party's attorney shall file with
the clerk of the court an affidavit showing the name and last known
post office address of the judgment debtor and the judgment
creditor.
(b) The clerk shall promptly mail notice of the filing of
the foreign country judgment to the party against whom recognition
is sought at the address given and shall note the mailing in the
docket.
(c) The notice must include the name and post office address
of the party seeking recognition and that party's attorney, if any,
in this state.
Added by Acts 1989, 71st Leg., ch. 402, § 3, eff. June 14, 1989.
§ 36.0043. ALTERNATE NOTICE OF FILING. (a) The party
seeking recognition may mail a notice of the filing of the foreign
country judgment to the other party and may file proof of mailing
with the clerk.
(b) A clerk's lack of mailing the notice of filing does not
affect the conclusive recognition of the foreign country judgment
under this chapter if proof of mailing by the party seeking
recognition has been filed.
Added by Acts 1989, 71st Leg., ch. 402, § 4, eff. June 14, 1989.
§ 36.0044. CONTESTING RECOGNITION. (a) A party
against whom recognition of a foreign country judgment is sought
may contest recognition of the judgment if, not later than the 30th
day after the date of service of the notice of filing, the party
files with the court, and serves the opposing party with a copy of,
a motion for nonrecognition of the judgment on the basis of one or
more grounds under Section 36.005. If the party is domiciled in a
foreign country, the party must file the motion for nonrecognition
not later than the 60th day after the date of service of the notice
of filing.
(b) The party filing the motion for nonrecognition shall
include with the motion all supporting affidavits, briefs, and
other documentation.
(c) A party opposing the motion must file any response,
including supporting affidavits, briefs, and other documentation,
not later than the 20th day after the date of service on that party
of a copy of the motion for nonrecognition.
(d) The court may, on motion and notice, grant an extension
of time, not to exceed 20 days unless good cause is shown, for the
filing of a response or any document that is required to establish a
ground for nonrecognition but that is not available within the time
for filing the document.
(e) A party filing a motion for nonrecognition or responding
to the motion may request an evidentiary hearing that the court may
allow in its discretion.
(f) The court may at any time permit or require the
submission of argument, authorities, or supporting material in
addition to that provided for by this section.
(g) The court may refuse recognition of the foreign country
judgment if the motions, affidavits, briefs, and other evidence
before it establish grounds for nonrecognition as specified in
Section 36.005, but the court may not, under any circumstances,
review the foreign country judgment in relation to any matter not
specified in Section 36.005.
Added by Acts 1989, 71st Leg., ch. 402, § 5, eff. June 14, 1989.
§ 36.005. GROUNDS FOR NONRECOGNITION. (a) A foreign
country judgment is not conclusive if:
(1) the judgment was rendered under a system that does
not provide impartial tribunals or procedures compatible with the
requirements of due process of law;
(2) the foreign country court did not have personal
jurisdiction over the defendant; or
(3) the foreign country court did not have
jurisdiction over the subject matter.
(b) A foreign country judgment need not be recognized if:
(1) the defendant in the proceedings in the foreign
country court did not receive notice of the proceedings in
sufficient time to defend;
(2) the judgment was obtained by fraud;
(3) the cause of action on which the judgment is based
is repugnant to the public policy of this state;
(4) the judgment conflicts with another final and
conclusive judgment;
(5) the proceeding in the foreign country court was
contrary to an agreement between the parties under which the
dispute in question was to be settled otherwise than by proceedings
in that court;
(6) in the case of jurisdiction based only on personal
service, the foreign country court was a seriously inconvenient
forum for the trial of the action; or
(7) it is established that the foreign country in
which the judgment was rendered does not recognize judgments
rendered in this state that, but for the fact that they are rendered
in this state, conform to the definition of 'foreign country
judgment.'
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 36.006. PERSONAL JURISDICTION. (a) A court may not
refuse to recognize a foreign country judgment for lack of personal
jurisdiction if:
(1) the defendant was served personally in the foreign
country;
(2) the defendant voluntarily appeared in the
proceedings, other than for the purpose of protecting property
seized or threatened with seizure in the proceedings or of
contesting the jurisdiction of the court over him;
(3) the defendant prior to the commencement of the
proceedings had agreed to submit to the jurisdiction of the foreign
country court with respect to the subject matter involved;
(4) the defendant was domiciled in the foreign country
when the proceedings were instituted or, if the defendant is a body
corporate, had its principal place of business, was incorporated,
or had otherwise acquired corporate status in the foreign country;
(5) the defendant had a business office in the foreign
country and the proceedings in the foreign country court involved a
cause of action arising out of business done by the defendant
through that office in the foreign country; or
(6) the defendant operated a motor vehicle or airplane
in the foreign country and the proceedings involved a cause of
action arising out of operation of the motor vehicle or airplane.
(b) A court of this state may recognize other bases of
jurisdiction.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 36.007. STAY IN CASE OF APPEAL. If the defendant
satisfies the court either that an appeal is pending or that the
defendant is entitled and intends to appeal from the foreign
country judgment, the court may stay the proceedings until the
appeal has been determined or until a period of time sufficient to
enable the defendant to prosecute the appeal has expired.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
§ 36.008. OTHER FOREIGN COUNTRY JUDGMENTS. This
chapter does not prevent the recognition of a foreign country
judgment in a situation not covered by this chapter.
Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.
