Recognizing Judgments from Outside NY

Question 1

When will a judgment from a sister state be recognized?

Answer 1

1. When it satisfied full faith and credit, and

2. There are no good defenses to full faith and credit.

Question 2

What are the three requirements for a judgment to receive Full Faith and Credit?

Answer 2

1. The jurisdiction of the rendering state court was proper.
2. The judgment was on the merits.
3. The judgment was final.

Question 3

Is a default judgment considered “on the merits”?

Answer 3

Yes

Question 4

If a judgment involves future payments, is it final?

Answer 4

No.

Question 5

Which state’s law is used to evaluate whether the requirements of FF&C are met?

Answer 5

the rendering court’s state law

the court that made the original judgment

Question 6

What are the good defenses to FF&C?

Answer 6

1. the judgment is penal

2. the judgment was procured by extrinsic fraud

Question 7

Can public policy in the recognizing state justify not recognizing a decision that otherwise qualifies for FF&C?

Answer 7

No - the public policy of the recognizing state is irrelevant in determining whether a judgment is deserving of full faith and credit.

Question 8

If the recognizing court believes the rendering court has made an error of the recognizing state’s law - but otherwise, the FF&C requirements are met - must the recognizing court grant FF&C?

Answer 8

Yes - a mistake of law or fact by the rendering court is irrelevant to the full faith and credit analysis. You should have dealt with it in the recognizing state court.

Question 9

Will extremely high punitive damage in a civil suit allow a defense to full faith and credit?

Answer 9

No - only truly penal decisions are a defense to full faith and credit. If it’s a civil judgment, no matter how high the punitive damages are, it is entitled to full faith and credit (assuming all other elements are met).

Question 10

How do you know whether fraud is intrinsic or extrinsic?

Answer 10

It is INTRINSIC: if the fraud could have been dealt with in the rendering state - i.e. perjury, improper use of evidence, etc.

It is EXTRINSIC: if the fraud could not have been dealt with in the rendering court - because the judge had been bought, for example.

Only extrinsic fraud is a defense to full faith and credit.

Question 11

What is comity?

Answer 11

Recognition of foreign country judgments.

Question 12

How are foreign country judgments evaluated for recognition?

Answer 12

The same way as sister states (FF&C) + the court will apply fairness standards.

Question 13

What are the fairness standards foreign country judgments are subject to?

Answer 13

1. whether jurisdiction was proper (minimum contacts-type analysis)
2. whether there were fair procedures during the litigation.

Question 14

When must state and federal courts recognize each others’ judgments?

Answer 14

If Full Faith and Credit would bind them, they have to recognize the judgment.

Question 15

How is domicile established?

Answer 15

1. physical presence in a place, and

2. the intent to remain there indefinitely

Question 16

When does domicile change?

Answer 16

Only when both of those elements are met at the same time again.

Question 17

How is the domicile of an infant determined?

Answer 17

By the domicile of their parents, or the one parent with custody.

Question 18

How is domicile determined for a mentally incompetent person?

Answer 18

If they ever had capacity, the last domicile they established, or else the domicile of their parents’.