Recognition of Foreign Judgment

Question 1

What are the three steps to determining whether another jurisdiction must give full faith and credit to a foreign judgment?

Answer 1

1. Have the full faith and credit requirements been met?
2. Are there any defenses to full faith and credit?
3. What are the effects of recognizing a sister state judgment and who will be bound by it?

Question 2

What are the requirements of the full faith and credit clause?

Answer 2

1. There must have been proper jurisdiction in the rendering court;
2. The judgment must be on the merits;
3. The judgment must be final.

Question 3

What are defenses to the full faith and credit clause?

Answer 3

1. Judgment is penal (i.e. punishing an offense against the public);
2. the judgment is subject to an equitable defense in the rendering state (extrinsic fraud).

Question 4

What are not defenses to full faith and credit?

Answer 4

1. tax judgment;
2. contrary to the public policy of the enforcing state; and
3. mistake of law or fact.

Question 5

What are the effects of recognition of sister state judgment?

Answer 5

Res Judicata Effects:

1. Merger of the plaintiff’s COA into the judgment;
2. Bar against the plaintiff suing on the same cause of action when it favored the defendant;
3. Collateral estoppel as to an issue resolved in the first litigation as long as the issue is actually litigated in the prior proceeding and is essential to the first suits outcome.

Question 6

What is the theory of comity?

Answer 6

Foreign countries judgments are recognized by application of this principal. This is voluntary and discretionary. Courts will look to determine if the foreign court has jurisdiction and if fair procedures were used in the case.

Question 7

What is required for a sister state to recognize the divorce granted by another state?

Answer 7

The jurisdictional requirement must be met, i.e., one of the spouses is domiciled in the state.

Question 8

What persons will be estopped from collaterally attacking the validity of another divorce?

Answer 8

GEnerally, any interested person may collaterally attack the validity of another state’s divorce decree. However, some will be estopped from attacking:

1. parties to prior proceedings;
2. privies of parties; and
3. Persons who accept a foreign divorce and remarry in reliance thereon.