Recognition and Enforcement of Foreign Judgments

Question 1

When must a judgment from the courts of one state be given full force in the courts of another state?

Answer 1

When the judgement was a FINAL judgment ON THE MERITS.

+ Judgment is NOT final if it could be modified in the rendering state.

+ Judgement is on the merits if it resolves substantive issues of a dispute.

Question 2

What grounds can a forum court NOT use to enforce final judgments on the merits issued by a sister state?

Answer 2

A forum court CANNOT refuse to enforce final judgments on the merits issued by a sister state on the ground that:

+ forum state is interested in the outcome

+ the judgment was wrongly rendered, OR

+ the judgment is contrary to the strong public policy of the forum state.

Question 3

Are judgements from foreign nations enforced?

Answer 3

State courts generally won’t enforce judgments from foreign nations if that proceeding didn’t meet norms of procedural fairness.