Delaware General Assembly

Signed 6/28/11

The General Assembly has ended, the current status is the final status.

5/5/11

M. Smith

Sen. Blevins

Rep. B. Bennett

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE UNIFORM RECOGNITION OF FOREIGN-COUNTRY MONEY JUDGMENTS.

This bill adopts the Uniform Foreign-Country Money Judgments Recognition Act (“UFCMJRA”), promulgated by the Uniform Law Commission in 2005. UFCMJRA is intended to update the Uniform Foreign Money Judgments Recognition Act of 1962 (“1962 Act”), which Delaware had previously adopted. UFCMJRA builds upon the established principles of the 1962 Act in a necessary upgrade for the 21st Century and establishes clear and uniform standards under which state courts will enforce the foreign-country money judgments that come within its scope. This bill advances these goals by several means. First, the bill provides simple court procedures for the enforcement of foreign-country money judgments. Second, the bill corrects and clarifies gaps in the 1962 Act revealed in the case law over the last 40 years. Third, the bill addresses burdens of proof for the first time, providing that a petitioner for recognition has the burden of proving a judgment is entitled to recognition under the standards of the bill, and that any respondent resisting recognition and enforcement has the burden of proof respecting denial of recognition. Fourth, the bill revises the grounds for denying recognition of foreign-country money judgments. Fifth, the bill establishes a statute of limitations for recognition actions. Sixth, the bill updates and clarifies both the definitions and the scope section.

78:65

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