Recognition as original matter, pending matter.

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2A:49A-16.6 Recognition as original matter, pending matter.

6. a. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.

b. 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 affirmative defense.

c. A party against whom a foreign-country judgment is entered may file an action for a declaration that the foreign-country judgment shall not be subject to recognition. For the purposes of this section, a foreign-country judgment shall not be subject to recognition if a ground for nonrecognition stated in subsection b. or c. of section 4 of this act exists. The party bringing an action under this section shall have the burden of establishing a ground for nonrecognition under subsection b. or c. of section 4 of this act.

L.2017, c.365, s.6.


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