Oklahoma § 12-718.4 - Standards for recognition of foreign-country judgment

§ 12-718.4. Standards for recognition of foreign-country judgment

A. Except as otherwise provided in subsections B and C of this

section, a court of this state shall recognize a foreign-country

Oklahoma Statutes - Title 12. Civil Procedure

judgment to which the Uniform Foreign-Country Money Judgments

Recognition Act applies.

B. A court of this state may not recognize a foreign-country

judgment if:

1. The judgment was rendered under a judicial system that does

not provide impartial tribunals or procedures compatible with the

requirements of due process of law;

2. The foreign court did not have personal jurisdiction over

the defendant; or

3. The foreign court did not have jurisdiction over the subject

matter.

C. A court of this state need not recognize a foreign-country

judgment if:

1. The defendant in the proceeding in the foreign court did not

receive notice of the proceeding in sufficient time to enable the

defendant to defend;

2. The judgment was obtained by fraud that deprived the losing

party of an adequate opportunity to present its case;

3. The judgment or the cause of action on which the judgment is

based is repugnant to the public policy of this state or of the

United States;

4. The judgment conflicts with another final and conclusive

judgment;

5. The proceeding in the foreign court was contrary to an

agreement between the parties under which the dispute in question

was to be determined otherwise than by proceedings in that foreign

court;

6. In the case of jurisdiction based only on personal service,

the foreign court was a seriously inconvenient forum for the trial

of the action;

7. The judgment was rendered in circumstances that raise

substantial doubt about the integrity of the rendering court with

respect to the judgment; or

8. The specific proceeding in the foreign court leading to the

judgment was not compatible with the requirements of due process of

law.

D. A party resisting recognition of a foreign-country judgment

has the burden of establishing that a ground for nonrecognition

stated in subsection B or C of this section exists.

Added by Laws 2009, c. 283, § 4, eff. Nov. 1, 2009.