72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to A-Eng. HB 2761
 
LC 2949/HB 2761-A2
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 2761
 
                    By COMMITTEE ON JUDICIARY
 
                              May 6
 
  On page 1 of the printed A-engrossed bill, line 2, after '
19.255' insert 'and 24.220'.
  On page 2, after line 3, insert:
  '  { +  SECTION 2. + } ORS 24.220 is amended to read:
  ' 24.220. (1) Except as provided in subsections (3) and (4) of
this section, a foreign judgment meeting the requirements of
subsection (2) of this section is conclusive between the parties
to the extent that it grants or denies recovery of a sum of
money.  The foreign judgment is enforceable in the same manner as
the judgment of a sister state which is entitled to full faith
and credit.
  ' (2) ORS 24.200 to 24.255 applies to any foreign judgment that
is final and conclusive and enforceable where rendered even
though an appeal therefrom is pending or it is subject to appeal.
  ' (3) A foreign judgment is not conclusive if:
  ' (a) The judgment was rendered under a system which does not
provide impartial tribunals or procedures compatible with the
requirements of due process of law;
  ' (b) The foreign court did not have personal jurisdiction over
the defendant; or
  ' (c) The foreign court did not have jurisdiction over the
subject matter.
  ' (4) A foreign judgment   { - need - }  { +  may + } not be
recognized if:
  ' (a) The defendant in the proceedings in the foreign court did
not receive notice of the proceedings in sufficient time to
enable the defendant to defend;
  ' (b) The judgment was obtained by fraud;
  ' (c) The cause of action on which the judgment is based is
repugnant to the public policy of this state;
  ' (d) The judgment conflicts with another final and conclusive
judgment;
  ' (e) The proceeding in the foreign court was contrary to an
agreement between the parties under which the dispute in question
was to be settled otherwise than by proceedings in that court;
  { - or - }
  ' (f) In the case of jurisdiction based only on personal
service, the foreign court was a seriously inconvenient forum for
the trial of the action  { - . - }  { + ; or
  ' (g) The party seeking to enforce the foreign judgment fails
to demonstrate that the foreign court that rendered the judgment
recognizes and enforces judgments of the state and federal courts
of the United States. + } ' .
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