AB718: Bill Text

AB718,5,25 806.53 Personal jurisdiction. (1) A circuit court may not refuse to recognize a foreign-country judgment for lack of personal jurisdiction if the defendant meets any of the following conditions:

AB718,6,2 (a) The defendant was served with process personally in the foreign country in the proceeding that resulted in the foreign-country judgment.

AB718,6,6 (b) The defendant voluntarily appeared in the proceeding that resulted in the foreign-country judgment, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant.

AB718,6,9 (c) Before the commencement of the proceeding that resulted in the foreign-country judgment, the defendant had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved in that proceeding.

AB718,6,11 (d) The defendant was domiciled in the foreign country when the proceeding that resulted in the foreign-country judgment was instituted.

AB718,6,14 (e) The defendant was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country.

AB718,6,17 (f) The defendant had a business office in the foreign country and the proceeding in the court in that foreign country involved a claim for relief arising out of business done by the defendant through that office in the foreign country.

AB718,6,20 (g) The defendant operated a motor vehicle, as defined in s. 192.327 (1) (b), or an airplane in the foreign country and the proceeding that resulted in the foreign-country judgment involved a claim for relief arising out of that operation.

AB718,6,23 (2) In addition to the list under sub. (1), a circuit court may recognize other bases for personal jurisdiction as sufficient to support the recognition of a foreign-country judgment.

AB718,8 Section 8. 806.54 of the statutes is created to read:

AB718,7,4 806.54 Procedure for recognition of a foreign-country judgment. (1) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action in circuit court seeking recognition of the foreign-country judgment.

AB718,7,7 (2) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or as an affirmative defense.

AB718,7,9 (3) The party seeking recognition of a foreign-country judgment has the burden of proving that this subchapter applies to the foreign-country judgment.

AB718,9 Section 9. 806.55 of the statutes is created to read:

AB718,7,15 806.55 Effect of recognition of a foreign-country judgment. If a circuit court in a proceeding under s. 806.54 finds that the foreign-country judgment is entitled to recognition under this subchapter, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, all of the following apply:

AB718,7,18 (1) The foreign-country judgment is conclusive between the parties to the same extent as the judgment of another state entitled to full faith and credit in this state would be conclusive.

AB718,7,20 (2) The foreign-country judgment is enforceable in the same manner and to the same extent as a judgment rendered in this state.

AB718,10 Section 10. 806.56 of the statutes is created to read:

AB718,8,2 806.56 Stay of proceedings pending appeal of a foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken in that foreign country, the circuit court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal is expired, or the party appealing has had sufficient time to prosecute the appeal and has failed to do so.

AB718,11 Section 11. 806.57 of the statutes is created to read:

AB718,8,8 806.57 Statute of limitations. An action to recognize a foreign-country judgment shall be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country where the foreign-country judgment was rendered or 15 years after the date that the foreign-country judgment became effective in that foreign country or be barred.

AB718,12 Section 12. 806.58 of the statutes is created to read:

AB718,8,12 806.58 Uniformity of interpretation. In applying and construing this subchapter, consideration must be given to the general purpose of making uniform the law with respect to the subject of this subchapter among states enacting it.

AB718,13 Section 13 . 806.59 of the statutes is created to read:

AB718,8,15 806.59 Short title. This subchapter may be cited as the Uniform Foreign-Country Money Judgments Recognition Law.

AB718,14 Section 14. Initial applicability.

AB718,8,18 (1) This act first applies to actions commenced in this state on the effective date of this subsection.

AB718,15 Section 15. Effective date.

AB718,8,21 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB718,8,22 (End)