2019 - 2020 LEGISLATURE
January 8, 2020 - Introduced by Representatives Tusler, Hebl, Anderson,
Brooks, Knodl and Stubbs, cosponsored by Senators Risser and Wanggaard.
Referred to Committee on Federalism and Interstate Relations.
1An Act to create
subchapter I (title) of chapter 806 [precedes 806.01], 2
subchapter II (title) of chapter 806 [precedes 806.30], subchapter III (title) of 3
chapter 806 [precedes 806.50], 806.50, 806.51, 806.52, 806.53, 806.54, 806.55, 4
806.56, 806.57, 806.58 and 806.59 of the statutes; relating to: adopting the
5Uniform Foreign-Country Money Judgments Recognition Act.
Analysis by the Legislative Reference Bureau
This bill incorporates into Wisconsin law the 2005 Uniform Foreign-Country
Money Judgments Recognition Act adopted by the Uniform Law Commission. The
bill requires the courts of this state to recognize a judgment of a court outside the
United States that grants or denies the recovery of a sum of money. Under the bill,
to receive recognition by this state's courts, the foreign country's judgment must be
final, conclusive, and enforceable. The bill excludes foreign-country money
judgments that are for taxes, for forfeitures or fines, or for support, maintenance, or
a property division in connection with a domestic relations case.
Under the bill, this state's circuit courts are prohibited from recognizing a
foreign-country money judgment that was rendered by a judicial system that does
not provide procedures compatible with the due process of law or that did not have
jurisdiction over the subject matter. In addition, a circuit court may not recognize
a foreign-country money judgment if the foreign court did not have personal
jurisdiction over the defendant, but for purposes of the bill, personal jurisdiction
exists if any one of a number of criteria are met, including that the defendant was
personally served with process in the foreign country, the defendant voluntarily
appeared in the foreign court, the defendant had agreed to submit to the jurisdiction
of the foreign court, the defendant was domiciled in the country where the foreign
judgment was rendered, or the defendant was a business that was organized under
the laws of, or had its principal place of business in, that foreign country.
The bill allows the circuit courts to refuse to recognize a foreign-country money
judgment for a number of reasons, including if the defendant did not receive
sufficient timely notice of the proceedings, if the judgment was obtained by fraud, if
the claim for relief that resulted in the judgment is repugnant to the public policy of
this state, if the judgment conflicts with another final and conclusive judgment, or
if the circumstances of the rendering of the judgment raise substantial doubt about
the integrity of the foreign court that rendered the judgment.
The bill requires the circuit court, if it determines that the foreign-country
money judgment deserves recognition, to give the judgment full faith and credit in
this state, and to enforce that judgment in the same manner as a judgment rendered
by a court in this state.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Subchapter I (title) of chapter 806 [precedes 806.01] of the statutes 2
is created to read:
subchapter I 5
Subchapter II (title) of chapter 806 [precedes 806.30] of the statutes 7
is created to read:
foreign money claims
Subchapter III (title) of chapter 806 [precedes 806.50] of the 13
statutes is created to read:
judgment; Uniform foreign-country4
money judgments recognition
806.50 of the statutes is created to read:
6806.50 Definitions. (1)
In this subchapter:
(a) “Foreign country" means a government other than one of the following:
1. The U.S. government.
2. The government of a state, district, commonwealth, territory, or insular 10
possession of the United States.
3. Any other government with regard to which the decision in this state as to 12
whether to recognize the judgment of that government's courts is initially subject to 13
a determination under article IV, section 1, of the U.S. Constitution.
4. A federally recognized Indian tribe or band in this state.
(b) “Foreign-country judgment" means a judgment of a court of a foreign 16
806.51 of the statutes is created to read:
18806.51 Applicability. (1)
Except as provided in sub. (2), this subchapter 19
applies to a foreign-country judgment to the extent that the foreign-country 20
judgment meets all of the following criteria:
(a) Grants or denies recovery of a sum of money.
(b) Under the law of the foreign country where the foreign-country judgment 23
is rendered, is final, conclusive, and enforceable.
This subchapter does not apply to a foreign-country judgment, even if the 2
foreign-country judgment grants or denies recovery of a sum of money, to the extent 3
that the foreign-country judgment is any of the following:
(a) A judgment for taxes.
(b) A judgment of a forfeiture, fine, or other penalty.
(c) A judgment for support, maintenance, property division, or other judgment 7
rendered in connection with domestic relations.
806.52 of the statutes is created to read:
9806.52 Standards for recognition of a foreign-country judgment. (1) 10
Except as provided in subs. (2) and (3), a circuit court shall recognize a 11
foreign-country judgment to which this subchapter applies under s. 806.51.
A circuit court may not recognize a foreign-country judgment if any of the 13
(a) The foreign-country judgment was rendered under a judicial system that 15
does not provide impartial tribunals or procedures compatible with the requirements 16
of due process of law.
(b) Subject to s. 806.53 (1), the foreign court that rendered the foreign-country 18
judgment did not have personal jurisdiction over the defendant in the proceeding.
(c) The foreign court that rendered the foreign-country judgment did not have 20
jurisdiction over the subject matter.
A circuit court need not recognize a foreign-country judgment if any of the 22
(a) The defendant in the proceeding in the foreign court that rendered the 24
foreign-country judgment did not receive notice of the proceeding in sufficient time 25
to enable the defendant to defend.
(b) The foreign-country judgment was obtained by fraud that deprived the 2
losing party of an adequate opportunity to present its case.
(c) The foreign-country judgment or the claim for relief on which the 4
foreign-country judgment is based is repugnant to the public policy of this state or 5
of the United States.
(d) The foreign-country judgment conflicts with another final and conclusive 7
(e) The proceeding in the foreign court that rendered the foreign-country 9
judgment was contrary to an agreement between the parties under which the dispute 10
in question was to be determined otherwise than by proceedings in that foreign court.