FOREIGN-COUNTRY MONEY JUDGMENTS H.B. 4650 (S-1): FLOOR ANALYSIS
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House Bill 4650 (Substitute S-1 as reported)
Sponsor: Representative Paul Condino
House Committee: Judiciary
Senate Committee: Judiciary
CONTENT
The bill would create the "Uniform Foreign-Country Money Judgments Recognition Act" to do all of the following:
-- Specify circumstances under which a Michigan court would have to, could, or could not recognize a foreign-country judgment granting or denying a sum of money.
-- Prohibit a foreign-country judgment from being refused for lack of personal jurisdiction if certain conditions applied, and allow Michigan courts to recognize other bases of personal jurisdiction.
-- Provide that a foreign-country judgment entitled to recognition would be conclusive between the parties and enforceable in the manner of a judgment rendered in Michigan.
-- Specify that a party seeking recognition of a foreign-country judgment would have the burden of proving that the Act applied.
-- Establish the procedure for seeking enforcement of a foreign-country judgment.
-- Allow a court to stay proceedings if an appeal from a foreign-country judgment were pending.
-- Allow an action to recognize a foreign-country judgment within the time the judgment was effective in the foreign country or 15 years, whichever was shorter.
-- Specify the circumstances under which the proposed Act would apply.
-- Repeal the Uniform Foreign Money-Judgments Recognition Act (MCL 691.1151-691.1150).
"Foreign-country judgment" would mean a judgment of a court of foreign country. "Foreign country" would mean a government other than any of the following:
-- The United States.
-- A state, district, commonwealth, territory, or insular possession of the United States.
-- A federally recognized Indian tribe whose tribal court judgments are entitled to recognition and presumed to be valid under a court rule adopted by the Supreme Court.
-- Any other government with regard to which the decision in Michigan as to whether to recognize a judgment of that government's courts is initially subject to determination under the full faith and credit clause of the U.S. Constitution.
Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill addresses court procedure and would have no fiscal impact on the judiciary.
Date Completed: 2-6-08 Fiscal Analyst: Stephanie Yu
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4650/0708