Criteria for recognition of out-of-country foreign judgments.

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15-16-45. Criteria for recognition of out-of-country foreign judgments.

In deciding whether to enforce and recognize an out-of-country foreign judgment, the court shall consider the following factors when deciding whether to enforce and recognize a out-of-country foreign judgment, to wit:

(1)The foreign court actually had jurisdiction over both the subject matter and the parties;

(2)The judgment was not obtained fraudulently;

(3)The judgment was rendered by a system of law reasonably assuring the requisites of an impartial administration of justice which includes due notice and a hearing;

(4)The judgment did not contravene the public policy of the jurisdiction in which it is relied upon; and

(5)The jurisdiction issuing the order or judgment also grants comity to orders and judgments of South Dakota courts.

Source: SL 2013, ch 98, §2.


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