A bill for an act
relating to judgments; enacting the Uniform Registration of Canadian Money
Judgments Act adopted and recommended for passage by the National Conference
of Commissioners on Uniform State Laws; proposing coding for new law in
Minnesota Statutes, chapter 548.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Sections 548.64 to 548.74 may be cited as the "Uniform Registration of Canadian Money
Judgments Act."
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In sections 548.64 to 548.74:
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(1) "Canada" means the sovereign nation of Canada and its provinces and territories.
"Canadian" has a corresponding meaning.
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(2) "Canadian judgment" means a judgment of a court of Canada, other than a judgment
that recognizes the judgment of another foreign country.
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(a) Sections 548.64 to 548.74 apply to a Canadian judgment to the extent the judgment
is within the scope of sections 548.54 to 548.63, if recognition of the judgment is sought to
enforce the judgment.
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(b) A Canadian judgment that grants both recovery of a sum of money and other relief
may be registered under sections 548.64 to 548.74, but only to the extent of the grant of
recovery of a sum of money.
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(c) A Canadian judgment regarding subject matter both within and not within the scope
of sections 548.64 to 548.74 may be registered under sections 548.64 to 548.74, but only
to the extent the judgment is with regard to subject matter within the scope of sections
548.64 to 548.74.
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(a) A person seeking recognition of a Canadian judgment described in section 548.66
to enforce the judgment may register the judgment in the office of the court administrator
of a court in which an action for recognition of the judgment could be filed under section
548.59.
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(b) A registration under paragraph (a) must be executed by the person registering the
judgment or the person's attorney and include:
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(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 548.59 as an accurate copy by
the court that entered the judgment;
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(2) the name and address of the person registering the judgment;
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(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;
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(4) the name and last-known address of the person against whom the judgment is being
registered;
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(5) if the judgment is of the type described in section 548.66, paragraph (b) or (c), a
description of the part of the judgment being registered;
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(6) the amount of the judgment or part of the judgment being registered, identifying:
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(i) 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;
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(ii) costs and expenses included in the judgment or part of the judgment being registered,
other than an amount awarded for attorney fees; and
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(iii) the amount of an award of attorney fees included in the judgment or part of the
judgment being registered;
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(7) the amount, as of the date of registration, of post-judgment costs, expenses, and
attorney fees claimed by the person registering the judgment or part of the judgment;
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(8) the amount of the judgment or part of the judgment being registered which has been
satisfied as of the date of registration;
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(9) a statement that:
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(i) the judgment is final, conclusive, and enforceable under the law of the Canadian
jurisdiction in which it was rendered;
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(ii) the judgment or part of the judgment being registered is within the scope of sections
548.64 to 548.74; and
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(iii) if a part of the judgment is being registered, the amounts stated in the registration
under clauses (6), (7), and (8) relate to the part;
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(10) if the judgment is not in English, a certified translation of the judgment into English;
and
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(11) the filing fee stated in section 548.30.
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(c) On receipt of a registration that includes the documents, information, and filing fee
required by paragraph (b), the court administrator shall file the registration, assign a docket
number, and enter the Canadian judgment in the court's docket.
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(d) A registration substantially in the following form complies with the registration
requirements under paragraph (b) if the registration includes the attachments specified in
the form:
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REGISTRATION OF CANADIAN MONEY JUDGMENT
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Complete and file this form, together with the documents required by Part V of this form,
with the court administrator. When stating an amount of money, identify the currency in
which the amount is stated.
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PART I. IDENTIFICATION OF CANADIAN JUDGMENT new text end |
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Canadian Court Rendering the Judgment: new text end |
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Case/Docket Number in Canadian Court: new text end |
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Name of Plaintiff(s): new text end |
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Name of Defendant(s): new text end |
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The Canadian Court entered the judgment: new text end |
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on
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in
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in
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[Date] new text end |
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[City] new text end |
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[Province or Territory] new text end |
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The judgment includes an award for the payment of money in favor of ......................... new text end |
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in the amount of ......................... new text end |
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If only part of the Canadian judgment is subject to registration (see section 548.66, paragraphs (b) and (c)), describe the part of the judgment being registered: new text end |
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