LB501 LB501
2021 2021
LEGISLATIVE BILL 501
Approved by the Governor May 5, 2021
Introduced by Flood, 19; DeBoer, 10.
A BILL FOR AN ACT relating to legal process; to amend section 30-24,129,
Reissue Revised Statutes of Nebraska, and section 68-919, Revised Statutes Cumulative Supplement, 2020; to adopt the Uniform Foreign-Country Money Judgments Recognition Act, the Uniform Registration of Canadian Money Judgments Act, the Uniform Powers of Appointment Act, and the Uniform Easement Relocation Act; to change provisions relating to succession to
real property; to redefine estate of a recipient of medical assistance for purposes of claims against a medical assistance recipient; to provide severability; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Sections 1 to 12 of this act shall be known and may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.
Sec. 2. In the Uniform Foreign-Country Money Judgments Recognition 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.
Sec. 3. (a) Except as otherwise provided in subsection (b) of this section, the Uniform Foreign-Country Money Judgments Recognition Act applies to
a foreign-country judgment to the extent that the judgment:
(1) grants or denies recovery of a sum of money; and
(2) under the law of the foreign country where rendered, is final,
conclusive, and enforceable.
(b) The Uniform Foreign-Country Money Judgments Recognition Act does 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:
(1) a judgment for taxes;
(2) a fine or other penalty; or
(3) a judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that the Uniform Foreign-Country Money Judgments Recognition Act applies to the foreign-country judgment.
Sec. 4. (a) Except as otherwise provided in subsections (b) and (c) of this section, a court of this state shall recognize a foreign-country judgment to which the Uniform Foreign-Country Money Judgments Recognition Act applies.
(b) A court of this state may not recognize a foreign-country judgment if:
(1) 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;
(2) the foreign court did not have personal jurisdiction over the defendant; or
(3) the foreign court did not have jurisdiction over the subject matter.
(c) A court of this state need not recognize a foreign-country judgment if:
(1) 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;
(2) the judgment was obtained by fraud that deprived the losing party of
an adequate opportunity to present its case;
(3) the judgment or the cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;
(4) the judgment conflicts with another final and conclusive judgment;
(5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(7) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment;
or
(8) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection
(b) or (c) of this section exists.
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Sec. 5. (a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(1) the defendant was served with process personally in the foreign country;
(2) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) 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;
(4) 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;
(5) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action or claim for relief arising out of business done by the defendant through that office in the foreign country; or
(6) the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action or claim for relief arising out of that operation.
(b) The list of bases for personal jurisdiction in subsection (a) of this section is not exclusive. The courts of this state may recognize bases of
personal jurisdiction other than those listed in subsection (a) of this section as sufficient to support a foreign-country judgment.
Sec. 6. (a) 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.
(b) 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.
Sec. 7. If the court in a proceeding under section 6 of this act finds that the foreign-country judgment is entitled to recognition under the Uniform Foreign-Country Money Judgments Recognition 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 a sister state entitled to full faith and credit in this state would be
conclusive; and
(2) enforceable in the same manner and to the same extent as a judgment rendered in this state.
Sec. 8. If a party establishes that an appeal from a foreign-country judgment is pending or 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.
Sec. 9. 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 fifteen years from the date that the foreign-country judgment became effective in the foreign country.
Sec. 10. In applying and construing the Uniform Foreign-Country Money Judgments Recognition 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.
Sec. 11. The Uniform Foreign-Country Money Judgments Recognition Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of the Uniform Foreign-Country Money Judgments Recognition Act.
Sec. 12. The Uniform Foreign-Country Money Judgments Recognition Act applies to all actions commenced on or after the effective date of this act in
which the issue of recognition of a foreign-country judgment is raised.
Sec. 13. Sections 13 to 23 of this act shall be known and may be cited as
the Uniform Registration of Canadian Money Judgments Act.
Sec. 14. In the Uniform Registration of Canadian Money Judgments Act:
(1) Canada means the sovereign nation of Canada and its provinces and territories. Canadian has a corresponding meaning.
(2) Canadian judgment means a judgment of a court of Canada, other than a judgment that recognizes the judgment of another foreign country.
Sec. 15. (a) The Uniform Registration of Canadian Money Judgments Act applies to a Canadian judgment to the extent the judgment is within the scope of section 3 of this act, if recognition of the judgment is sought to enforce the judgment.
(b) A Canadian judgment that grants both recovery of a sum of money and other relief may be registered under the Uniform Registration of Canadian Money Judgments Act, but only to the extent of the grant of recovery of a sum of
money.
(c) A Canadian judgment regarding subject matter both within and not within the scope of the Uniform Registration of Canadian Money Judgments Act may be registered under the act, but only to the extent the judgment is with regard to subject matter within the scope of the act.
Sec. 16. (a) A person seeking recognition of a Canadian judgment described in section 15 of this act to enforce the judgment may register the judgment in the office of the clerk of a court in which an action for
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recognition of the judgment could be filed under section 6 of this act.
(b) A registration under subsection (a) of this section must be executed by the person registering the judgment or the person's attorney and include:
(1) a copy of the Canadian judgment authenticated in the same manner as a copy of a foreign judgment is authenticated in an action under section 6 of this act as an accurate copy by the court that entered the judgment;
(2) the name and address of the person registering the judgment;
(3) if the person registering the judgment is not the person in whose favor the judgment was rendered, a statement describing the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement;
(4) the name and last-known address of the person against whom the judgment is being registered;
(5) if the judgment is of the type described in subsection (b) or (c) of section 15 of this act, a description of the part of the judgment being registered;
(6) the amount of the judgment or part of the judgment being registered,
identifying:
(A) the amount of interest accrued as of the date of registration on the judgment or part of the judgment being registered, the rate of interest, the part of the judgment to which interest applies, and the date when interest began to accrue;
(B) costs and expenses included in the judgment or part of the judgment being registered, other than an amount awarded for attorney's fees; and
(C) the amount of an award of attorney's fees included in the judgment or
part of the judgment being registered;
(7) the amount, as of the date of registration, of postjudgment costs,
expenses, and attorney's fees claimed by the person registering the judgment or
part of the judgment;
(8) the amount of the judgment or part of the judgment being registered which has been satisfied as of the date of registration;
(9) a statement that:
(A) the judgment is final, conclusive, and enforceable under the law of
the Canadian jurisdiction in which it was rendered;
(B) the judgment or part of the judgment being registered is within the scope of the Uniform Registration of Canadian Money Judgments Act; and
(C) if a part of the judgment is being registered, the amounts stated in
the registration under subdivisions (6), (7), and (8) of this subsection relate to the part;
(10) if the judgment is not in English, a certified translation of the judgment into English; and
(11) a registration fee determined by the Supreme Court.
(c) On receipt of a registration that includes the documents, information,
and registration fee required by subsection (b) of this section, the clerk shall file the registration, assign a docket number, and enter the Canadian judgment in the court's docket.
(d) A registration substantially in the following form complies with the registration requirements under subsection (b) of this section if the registration includes the attachments specified in the form:
REGISTRATION OF CANADIAN MONEY JUDGMENT
Complete and file this form, together with the documents required by Part
V of this form, with the Clerk of Court. When stating an amount of money,
identify the currency in which the amount is stated.
PART I. IDENTIFICATION OF CANADIAN JUDGMENT
Canadian Court Rendering the Judgment: ............................
Case/Docket Number in Canadian Court: .............................
Name of Plaintiff(s): .................................
Name of Defendant(s): .................................
The Canadian Court entered the judgment on ...... [Date] in ...... [City]
in ....................... [Province or Territory]. The judgment includes an
award for the payment of money in favor of ................. in the amount of .................. .
If only part of the Canadian judgment is subject to registration (see subsections (b) and (c) of section 15 of this act), describe the part of the judgment being registered: .................................
PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND PERSON AGAINST
WHOM JUDGMENT IS BEING REGISTERED
Provide the following information for all persons seeking to register the judgment under this registration and all persons against whom the judgment is
being registered under this registration.
Name of Person(s) Registering Judgment: ...........................
If a person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement: .................................
Address of Person(s) Registering Judgment: .......................
Additional Contact Information for Person(s) Registering Judgment
(Optional): .................................
Telephone Number: ..................
FAX Number: ..................
Email Address: ...........................
Name of Attorney for Person(s) Registering Judgment, if any: .................................
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Address: .................................
Telephone Number: ..................
FAX Number: ..................
Email Address: ...........................
Name of Person(s) Against Whom Judgment is Being Registered: ...........................
Address of Person(s) Against Whom Judgment is Being Registered: ........................... (provide the most recent address known)
Additional Contact Information for Person(s) Against Whom Judgment is
Being Registered (Optional) (provide most recent information known):
Telephone Number: ..................
FAX Number: ..................
Email Address: ...........................
PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS SOUGHT
Identify the currency or currencies in which each amount is stated.
The amount of the Canadian judgment or part of the judgment being registered is ........................... .
The amount of interest accrued as of the date of registration on the part of the judgment being registered is .................
The applicable rate of interest is ................
The date when interest began to accrue is ...........................
The part of the judgment to which the interest applies is ...........................
The Canadian Court awarded costs and expenses relating to the part of the judgment being registered in the amount of ............... (exclude any amount included in the award of costs and expenses which represents an award of
attorney's fees).
The person registering the Canadian judgment claims postjudgment costs and expenses in the amount of ............... and postjudgment attorney's fees in
the amount of .................. relating to the part of the judgment being registered (include only costs, expenses, and attorney's fees incurred before registration).
The Canadian Court awarded attorney's fees relating to the part of the judgment being registered in the amount of ..............
The amount of the part of the judgment being registered which has been satisfied as of the date of registration is .................
The total amount for which enforcement of the part of the judgment being registered is sought is ................
PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT
I, ............................... [Person Registering Judgment or
Attorney for Person Registering Judgment] state:
1. The Canadian judgment is final, conclusive, and enforceable under the law of the Canadian jurisdiction in which it was rendered.
2. The Canadian judgment or part of the judgment being registered is
within the scope of the Uniform Registration of Canadian Money Judgments Act.
3. If only a part of the Canadian judgment is being registered, the amounts stated in Part III of this form relate to that part.