75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 286
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to foreign-country judgments; creating new provisions;
amending ORS 24.290; and repealing ORS 24.200, 24.210, 24.220,
24.230, 24.240, 24.250 and 24.255.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Definitions. As used in sections 1 to 11 of
this 2009 Act:
(1) 'Foreign country' means a government other than:
(a) The United States;
(b) A state, district, commonwealth, territory or insular
possession of the United States; or
(c) Any other government with regard to which the decision in
this state 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 United States
Constitution.
(2) 'Foreign-country judgment' means a judgment of a court of a
foreign country. + }
SECTION 2. { + Applicability to judgments. (1) Except as
provided in subsection (2) of this section, sections 1 to 11 of
this 2009 Act apply to a foreign-country judgment to the extent
that the judgment:
(a) Grants or denies recovery of a sum of money; and
(b) Under the law of the foreign country where rendered, is
final, conclusive and enforceable.
(2) Sections 1 to 11 of this 2009 Act do not apply to a
foreign-country judgment, even if the judgment grants or denies
recovery of a sum of money, to the extent that the judgment is:
(a) A judgment for taxes;
(b) A fine or other penalty; or
(c) A judgment for divorce, support or maintenance, or other
judgment rendered in connection with domestic relations.
(3) A party seeking recognition of a foreign-country judgment
has the burden of establishing that sections 1 to 11 of this 2009
Act apply to the foreign-country judgment. + }
SECTION 3. { + Standards for recognition of foreign-country
judgment. (1) Except as provided in subsections (2) and (3) of
this section, a court of this state shall recognize a
Enrolled Senate Bill 286 (SB 286-INTRO) Page 1
foreign-country judgment to which sections 1 to 11 of this 2009
Act apply.
(2) A court of this state may not recognize a foreign-country
judgment if:
(a) The judgment was rendered under a judicial system that 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.
(3) A court of this state need not recognize a foreign-country
judgment if:
(a) The defendant in the proceeding in the foreign court did
not receive notice of the proceeding in sufficient time to enable
the defendant to defend;
(b) The judgment was obtained by fraud that deprived the losing
party of an adequate opportunity to present the party's case;
(c) The judgment or the claim for relief on which the judgment
is based is repugnant to the public policy of this state or of
the United States;
(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 determined other than by proceedings in that foreign
court;
(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;
(g) The judgment was rendered in circumstances that raise
substantial doubt about the integrity of the rendering court with
respect to the judgment; or
(h) The specific proceeding in the foreign court leading to the
judgment was not compatible with the requirements of due process
of law.
(4) A party resisting recognition of a foreign-country judgment
has the burden of establishing that a ground for nonrecognition
stated in subsection (2) or (3) of this section exists. + }
SECTION 4. { + Personal jurisdiction. (1) A foreign-country
judgment may not be refused recognition for lack of personal
jurisdiction if:
(a) The defendant was served with process personally in the
foreign country;
(b) The defendant voluntarily appeared in the proceeding other
than for the purpose of protecting property seized or threatened
with seizure in the proceeding or for the purpose of contesting
the jurisdiction of the court over the defendant;
(c) The defendant, before the commencement of the proceeding,
had agreed to submit to the jurisdiction of the foreign court
with respect to the subject matter involved;
(d) The defendant was domiciled in the foreign country when the
proceeding was instituted or was a corporation or other form of
business organization that had its principal place of business
in, or was organized under the laws of, the foreign country;
(e) The defendant had a business office in the foreign country
and the proceeding in the foreign court involved a claim for
relief arising out of business done by the defendant through that
office in the foreign country; or
Enrolled Senate Bill 286 (SB 286-INTRO) Page 2
(f) The defendant operated a motor vehicle or airplane in the
foreign country and the proceeding involved a claim for relief
arising out of that operation.
(2) The list of bases for personal jurisdiction in subsection
(1) of this section is not exclusive. The courts of this state
may recognize bases for personal jurisdiction other than those
listed in subsection (1) of this section as sufficient to support
a foreign-country judgment. + }
SECTION 5. { + Procedure for recognition of foreign-country
judgment. (1) If recognition of a foreign-country judgment is
sought as an original matter, the issue of recognition shall be
raised by filing an action seeking recognition of the
foreign-country judgment.
(2) If recognition of a foreign-country judgment is sought in a
pending action, the issue of recognition may be raised by
counterclaim, cross-claim or affirmative defense. + }
SECTION 6. { + Effect of recognition of foreign-country
judgment. If the court in a proceeding under section 5 of this
2009 Act finds that the foreign-country judgment is entitled to
recognition under sections 1 to 11 of this 2009 Act, then, to the
extent that the foreign-country judgment grants or denies
recovery of a sum of money, the foreign-country judgment is:
(1) Conclusive between the parties to the same extent as the
judgment of another state entitled to full faith and credit in
this state is conclusive; and
(2) Enforceable in the same manner and to the same extent as a
judgment rendered in this state. + }
SECTION 7. { + Stay of proceedings pending appeal of
foreign-country judgment. If a party establishes that an appeal
from a foreign-country judgment is pending or that an appeal will
be taken, the court may stay any proceedings with regard to the
foreign-country judgment until the appeal is concluded, the time
for appeal expires or the appellant has had sufficient time to
prosecute the appeal and has failed to do so. + }
SECTION 8. { + Statute of limitations. An action to recognize
a foreign-country judgment must be commenced within the earlier
of the time during which the foreign-country judgment is
effective in the foreign country or 15 years from the date that
the foreign-country judgment became effective in the foreign
country. + }
SECTION 9. { + Uniformity of interpretation. In applying and
construing sections 1 to 11 of this 2009 Act, consideration must
be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it. + }
SECTION 10. { + Saving clause. Sections 1 to 11 of this 2009
Act do not prevent the recognition under principles of comity or
otherwise of a foreign-country judgment not within the scope of
sections 1 to 11 of this 2009 Act. + }
SECTION 11. { + Short title. Sections 1 to 11 of this 2009
Act may be cited as the Uniform Foreign-Country Money Judgments
Recognition Act. + }
SECTION 12. { + Applicability to actions. Sections 1 to 11 of
this 2009 Act apply only to actions commenced on or after the
effective date of this 2009 Act in which the issue of recognition
of a foreign-country judgment is raised. Any action commenced
before the effective date of this 2009 Act in which the issue of
recognition of a foreign-country judgment is raised shall
continue to be governed by the provisions of ORS 24.200 to
24.255, as those statutes were in effect immediately before the
effective date of this 2009 Act. + }
Enrolled Senate Bill 286 (SB 286-INTRO) Page 3
SECTION 13. ORS 24.290 is amended to read:
24.290. (1) Except as provided in subsection (3) of this
section, a judgment or award on a foreign-money claim must be
stated in an amount of the money of the claim.
(2) A judgment or award on a foreign-money claim is payable in
that foreign money or, at the option of the debtor, in the amount
of United States dollars which will purchase that foreign money
on the conversion date at a bank-offered spot rate, except that
any payment made through a court pursuant to ORS 18.235 must be
made in United States dollars. When a payment is made to the
court, the judgment debtor shall simultaneously file with the
court an affidavit or certificate executed in good faith by its
counsel or a bank officer stating the rate of exchange used and
how it was obtained and setting forth the calculation and the
amount of the money of the claim that will be satisfied by the
payment. Affected court officials incur no liability, after a
filing of the affidavit or certificate, for acting as if the
judgment were in the amount of United States dollars stated in
the affidavit or certificate.
(3) Assessed costs, disbursements and attorney fees must be
entered in United States dollars.
(4) Each payment in United States dollars must be accepted and
credited on a judgment or award on a foreign-money claim in the
amount of the foreign money that could be purchased by the
dollars at a bank-offered spot rate of exchange at or near the
close of business on the conversion date for that payment.
(5) A judgment or award made in an action or distribution
proceeding on both a defense, setoff, recoupment or counterclaim
and the adverse party's claim, must be netted by converting the
money of the smaller into the money of the larger, and by
subtracting the smaller from the larger, and specify the rates of
exchange used.
(6) A judgment or award substantially complies with subsection
(1) of this section when it is plainly titled as a judgment, it
complies with the requirements of ORS 18.038 and it includes all
of the following:
(a) The names of the judgment creditor, the judgment creditor's
attorney and the judgment debtor.
(b) The amount of the judgment in the foreign money of the
claim, the type of foreign money and the { - foreign state, as
defined by ORS 24.200 (1) - } { + foreign country, as defined
in section 1 of this 2009 Act + }, utilizing the money that the
claim is denominated in.
(c) The interest owed to the date of the judgment, either as a
specific amount in the foreign money or as accrual information,
including the rate or rates of interest as determined by ORS
24.300, the balance or balances upon which the interest accrues,
the date or dates from which interest at each rate on each
balance runs, and whether interest is simple or compounded and,
if compounded, at what intervals.
(d) Post-judgment interest accrual information, including the
rate or rates of interest as determined by ORS 24.300, the
balance or balances upon which interest accrues, the date or
dates from which interest at each rate on each balance runs, and
whether interest is simple or compounded and, if compounded, at
what intervals.
(e) For judgments that accrued on a periodic basis, any accrued
arrearages, required further payments per period in the foreign
money and accrual dates.
Enrolled Senate Bill 286 (SB 286-INTRO) Page 4
(f) A statement that the judgment debtor has the option to pay
the judgment or award, including the interest owed on the date of
judgment and the post-judgment interest, unless the parties have
agreed otherwise as according to ORS 24.270, in the amount of
United States dollars that will purchase that foreign money on
the conversion date at a bank-offered spot rate at or near the
close of business on the banking day before the day of payment.
(g) A statement that, if the judgment debtor pays the judgment
through a court under ORS 18.235, the payment must be in United
States dollars as provided in subsection (2) of this section.
(h) The amount of assessed costs, disbursements and attorney
fees in United States dollars, if they are awarded, and any
specific amounts awarded. This paragraph does not require
inclusion of specific amounts where such will be determined later
under ORCP 68 C.
(i) The terms of any agreement made by the parties, before the
entry of the judgment, to vary the effect of ORS 24.260 to
24.335.
(7) If a contract claim is of the type covered by ORS 24.280
(1) or (2), the judgment or award must be entered for the amount
of money stated to measure the obligation to be paid in the money
specified for payment or, at the option of the debtor, the number
of United States dollars which will purchase the computed amount
of the money of payment on the conversion date at a bank-offered
spot rate.
(8) When a judgment is given on a foreign-money claim in
circuit court, the clerk shall enter the judgment in the register
and shall note that the judgment creates a judgment lien. The
judgment shall have the same force and effect as any other
judgment obtained in the circuit court.
(9) A judgment or award may be discharged by payment.
(10) A party seeking enforcement of a judgment entered as
provided in this section shall file with each request or
application an affidavit or certificate executed in good faith by
its counsel or a bank officer, stating the rate of exchange used
and how it was obtained and setting forth the calculation and the
amount of United States dollars that would satisfy the judgment
on the date of the affidavit or certificate by applying said rate
of exchange. Affected court officials incur no liability, after a
filing of the affidavit or certificate, for acting as if the
judgment were in the amount of United States dollars stated in
the affidavit or certificate. The computation contained in the
affidavit or certificate shall remain in effect for 60 days
following the filing of the affidavit or certificate and may be
recomputed before the expiration of 60 days by the filing of
additional affidavits or certificates provided that recomputation
shall not affect any payment obtained before the filing of the
recomputation.
SECTION 14. { + ORS 24.200, 24.210, 24.220, 24.230, 24.240,
24.250 and 24.255 are repealed. + }
SECTION 15. { + The section captions used in this 2009 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act. + }
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Enrolled Senate Bill 286 (SB 286-INTRO) Page 5
Passed by Senate February 16, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House March 20, 2009
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Speaker of House
Enrolled Senate Bill 286 (SB 286-INTRO) Page 6
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 286 (SB 286-INTRO) Page 7