Recognition of Judgments

Question 1

What two conditions must be satisfied to recognize an out of state judgment?

Answer 1

1) Judgment issued by one court; and

2) Party is seeking to have that judgment recognised in a different state.

Question 2

What is the place where judgment originally entered?

Answer 2

The rendering jurisdiction

Question 3

What is the place where recognition is being sought?

Answer 3

The recognising court.

Question 4

Why might we might want to seek recognition?

Answer 4

Plaintiffs will want it to access the enforcement mechanisms and defendants will want it to prevent a plaintiff from re-litigating a claim or issue.

Question 5

When an issue of jurisdiction was been fully and fairly litigated, what is the jurisdictional determination entitled to?

Answer 5

Full faith and credit.

Question 6

Does the judgment have to be entered into based on the merits?

Answer 6

Yes it does.

Question 7

Does the judgment have to be final?

Answer 7

Yes it does.

Question 8

What are the valid defenses to full faith and credit?

Answer 8

1) Penal judgments - Not entitled to full faith and credit. This is a judgment that punishes an offence against the state.
2) Extrinsic fraud - A Judgment obtained by extrinsic fraud is not entitled to full faith and credit (fraud that cannot be corrected within the normal operation of trial)
3) PUBLIC POLICY and MISTAKE are not valid defenses to full faith and credit.