Full Text of SB1074 097th General Assembly
SB1074enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by adding | 5 | | Sections 12-661, 12-662, 12-663, 12-664, 12-665, 12-666, | 6 | | 12-667, 12-668, 12-669, 12-670, 12-671, and 12-672 as follows: | 7 | | (735 ILCS 5/12-661 new) | 8 | | Sec. 12-661. Short title. Sections 12-661 through 12-672 | 9 | | may be cited as the Uniform Foreign-Country Money Judgments | 10 | | Recognition Act. In those Sections, "this Act" means the | 11 | | Uniform Foreign-Country Money Judgments Recognition Act. | 12 | | (735 ILCS 5/12-662 new) | 13 | | Sec. 12-662. Definitions. In this Act: | 14 | | "Foreign country" means a government other than: | 15 | | (A) the United States; | 16 | | (B) a state, district, commonwealth, territory, or | 17 | | insular possession of the United States; or | 18 | | (C) any other government with regard to which the | 19 | | decision in this State as to whether to recognize a | 20 | | judgment of that government's courts is initially subject | 21 | | to determination under the Full Faith and Credit Clause of | 22 | | the United States Constitution. |
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| 1 | | "Foreign-country judgment" means a judgment of a court of a | 2 | | foreign country. | 3 | | (735 ILCS 5/12-663 new) | 4 | | Sec. 12-663. Applicability. | 5 | | (a) Except as otherwise provided in subsection (b), this | 6 | | Act applies to a foreign-country judgment to the extent that | 7 | | the judgment: | 8 | | (1) grants or denies recovery of a sum of money; and | 9 | | (2) under the law of the foreign country where | 10 | | rendered, is final, conclusive, and enforceable. | 11 | | (b) This Act does not apply to a foreign-country judgment, | 12 | | even if the judgment grants or denies recovery of a sum of | 13 | | money, to the extent that the judgment is: | 14 | | (1) a judgment for taxes; | 15 | | (2) a fine or other penalty; or | 16 | | (3) a judgment for divorce, support, or maintenance, or | 17 | | other judgment rendered in connection with domestic | 18 | | relations. | 19 | | (c) A party seeking recognition of a foreign-country | 20 | | judgment has the burden of establishing that this Act applies | 21 | | to the foreign-country judgment. | 22 | | (735 ILCS 5/12-664 new) | 23 | | Sec. 12-664. Standards for recognition of foreign-country | 24 | | judgment. |
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| 1 | | (a) Except as otherwise provided in subsections (b) and | 2 | | (c), a court of this State shall recognize a foreign-country | 3 | | judgment to which this Act applies. | 4 | | (b) A court of this State may not recognize a | 5 | | foreign-country judgment if: | 6 | | (1) the judgment was rendered under a judicial system | 7 | | that does not provide impartial tribunals or procedures | 8 | | compatible with the requirements of due process of law; | 9 | | (2) the foreign court did not have personal | 10 | | jurisdiction over the defendant; or | 11 | | (3) the foreign court did not have jurisdiction over | 12 | | the subject matter. | 13 | | (c) A court of this State need not recognize a | 14 | | foreign-country judgment if: | 15 | | (1) the defendant in the proceeding in the foreign | 16 | | court did not receive notice of the proceeding in | 17 | | sufficient time to enable the defendant to defend; | 18 | | (2) the judgment was obtained by fraud that deprived | 19 | | the losing party of an adequate opportunity to present its | 20 | | case; | 21 | | (3) the judgment or the cause of action on which the | 22 | | judgment is based is repugnant to the public policy of this | 23 | | State or of the United States; | 24 | | (4) the judgment conflicts with another final and | 25 | | conclusive judgment; | 26 | | (5) the proceeding in the foreign court was contrary to |
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| 1 | | an agreement between the parties under which the dispute in | 2 | | question was to be determined otherwise than by proceedings | 3 | | in that foreign court; | 4 | | (6) in the case of jurisdiction based only on personal | 5 | | service, the foreign court was a seriously inconvenient | 6 | | forum for the trial of the action; | 7 | | (7) the judgment was rendered in circumstances that | 8 | | raise substantial doubt about the integrity of the | 9 | | rendering court with respect to the judgment; or | 10 | | (8) the specific proceeding in the foreign court | 11 | | leading to the judgment was not compatible with the | 12 | | requirements of due process of law. | 13 | | (d) A party resisting recognition of a foreign-country | 14 | | judgment has the burden of establishing that a ground for | 15 | | nonrecognition stated in subsection (b) or (c) exists. | 16 | | (735 ILCS 5/12-665 new) | 17 | | Sec. 12-665. Personal jurisdiction. | 18 | | (a) A foreign-country judgment may not be refused | 19 | | recognition for lack of personal jurisdiction if: | 20 | | (1) the defendant was served with process personally in | 21 | | the foreign country; | 22 | | (2) the defendant voluntarily appeared in the | 23 | | proceeding, other than for the purpose of protecting | 24 | | property seized or threatened with seizure in the | 25 | | proceeding or of contesting the jurisdiction of the court |
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| 1 | | over the defendant; | 2 | | (3) the defendant, before the commencement of the | 3 | | proceeding, had agreed to submit to the jurisdiction of the | 4 | | foreign court with respect to the subject matter involved; | 5 | | (4) the defendant was domiciled in the foreign country | 6 | | when the proceeding was instituted or was a corporation or | 7 | | other form of business organization that had its principal | 8 | | place of business in, or was organized under the laws of, | 9 | | the foreign country; | 10 | | (5) the defendant had a business office in the foreign | 11 | | country and the proceeding in the foreign court involved a | 12 | | cause of action arising out of business done by the | 13 | | defendant through that office in the foreign country; or | 14 | | (6) the defendant operated a motor vehicle or airplane | 15 | | in the foreign country and the proceeding involved a cause | 16 | | of action arising out of that operation. | 17 | | (b) The list of bases for personal jurisdiction in | 18 | | subsection (a) is not exclusive. The courts of this State may | 19 | | recognize bases of personal jurisdiction other than those | 20 | | listed in subsection (a) as sufficient to support a | 21 | | foreign-country judgment. | 22 | | (735 ILCS 5/12-666 new) | 23 | | Sec. 12-666. Procedure for recognition of foreign-country | 24 | | judgment. | 25 | | (a) If recognition of a foreign-country judgment is sought |
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| 1 | | as an original matter, the issue of recognition shall be raised | 2 | | by filing an action seeking recognition of the foreign-country | 3 | | judgment. | 4 | | (b) If recognition of a foreign-country judgment is sought | 5 | | in a pending action, the issue of recognition may be raised by | 6 | | counterclaim, cross-claim, or affirmative defense. | 7 | | (735 ILCS 5/12-667 new) | 8 | | Sec. 12-667. Effect of recognition of foreign-country | 9 | | judgment. If the court in a proceeding under Section 12-666 | 10 | | finds that the foreign-country judgment is entitled to | 11 | | recognition under this Act then, to the extent that the | 12 | | foreign-country judgment grants or denies recovery of a sum of | 13 | | money, the foreign-country judgment is: | 14 | | (1) conclusive between the parties to the same extent | 15 | | as the judgment of a sister state entitled to full faith | 16 | | and credit in this State would be conclusive; and | 17 | | (2) enforceable in the same manner and to the same | 18 | | extent as a judgment rendered in this State. | 19 | | (735 ILCS 5/12-668 new) | 20 | | Sec. 12-668. Stay of proceedings pending appeal of | 21 | | foreign-country judgment. If a party establishes that an | 22 | | appeal from a foreign-country judgment is pending or will be | 23 | | taken, the court may stay any proceedings with regard to the | 24 | | foreign-country judgment until the appeal is concluded, the |
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| 1 | | time for appeal expires, or the appellant has had sufficient | 2 | | time to prosecute the appeal and has failed to do so. | 3 | | (735 ILCS 5/12-669 new) | 4 | | Sec. 12-669. Statute of limitations. An action to recognize | 5 | | a foreign-country judgment must be commenced within the earlier | 6 | | of the time during which the foreign-country judgment is | 7 | | effective in the foreign country or 15 years from the date that | 8 | | the foreign-country judgment became effective in the foreign | 9 | | country. | 10 | | (735 ILCS 5/12-670 new) | 11 | | Sec. 12-670. Uniformity of interpretation. In applying and | 12 | | construing this uniform Act, consideration must be given to the | 13 | | need to promote uniformity of the law with respect to its | 14 | | subject matter among states that enact it. | 15 | | (735 ILCS 5/12-671 new) | 16 | | Sec. 12-671. Saving clause. This Act does not prevent the | 17 | | recognition under principles of comity or otherwise of a | 18 | | foreign-country judgment not within the scope of this Act. | 19 | | (735 ILCS 5/12-672 new) | 20 | | Sec. 12-672. Act application. This Act applies to all | 21 | | actions commenced on or after the effective date of this | 22 | | amendatory Act of the 97th General Assembly in which the issue |
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| 1 | | of recognition of a foreign-country judgment is raised.
| 2 | | (735 ILCS 5/12-618 rep.) | 3 | | (735 ILCS 5/12-619 rep.) | 4 | | (735 ILCS 5/12-620 rep.) | 5 | | (735 ILCS 5/12-621 rep.) | 6 | | (735 ILCS 5/12-622 rep.) | 7 | | (735 ILCS 5/12-623 rep.) | 8 | | (735 ILCS 5/12-624 rep.) | 9 | | (735 ILCS 5/12-625 rep.) | 10 | | (735 ILCS 5/12-626 rep.) | 11 | | Section 10. The Code of Civil Procedure is amended by | 12 | | repealing Sections 12-618, 12-619, 12-620, 12-621, 12-622, | 13 | | 12-623, 12-624, 12-625, and 12-626. |
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