Printer FriendlySB 174 revise certain provisions relating to out-of-country foreign ju...
ENTITLED, An Act to revise certain provisions relating to out-of-country foreign judgments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. An out-of-country foreign judgment need not be recognized and entitled to full faith
and credit in the State of South Dakota, unless there has been opportunity for a full and fair trial
abroad before a court of competent jurisdiction, conducting the trial upon regular proceedings, after
due citation or voluntary appearance of the defendant, and under a system of jurisprudence likely to
secure an impartial administration of justice between the citizens of its own country and those of
other countries, and there is nothing to show either prejudice in the court or in the system of laws
under which it was sitting, or fraud in procuring the judgment, or any other special reason why the
comity of the State of South Dakota should not allow it full effect.
Section 2. 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
(5) The jurisdiction issuing the order or judgment also grants comity to orders and judgments
of South Dakota courts.
Section 3. In matters concerning defamation, the court, before it recognizes an out-of-country
foreign judgment, shall by clear and convincing evidence, find that the law applied in the foreign
court's adjudication, which resulted in a judgment, provided at least as much protection for freedom
of speech and the press as would be provided by the United States Constitution and the Constitution
of the State of South Dakota, in addition to the criteria set forth in section 2 of this Act.
Section 4. This Act applies to judgments rendered in defamation proceedings outside the United
States before, on, or after July 1, 2013, but does not apply to any out-of-country foreign judgment
already recognized by the courts of this state prior to July 1, 2013.
An Act to revise certain provisions relating to out-of-country foreign judgments.
I certify that the attached Act
originated in the
SENATE as Bill No. 174
Secretary of the Senate
President of the Senate
Secretary of the Senate
Speaker of the House
Senate Bill No. 174
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State