Arizona Laws 12-3254. Procedure for recognition of a foreign-country judgment; effect of recognition of a foreign-country judgment; stay of proceedings; statute of limitations
A. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition is raised by filing an action seeking recognition of the foreign-country judgment. If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition is raised by counterclaim, cross-claim or affirmative defense.
Terms Used In Arizona Laws 12-3254
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Foreign country: means a government other than:
(a) The United States. See Arizona Laws 12-3251
- Foreign-country judgment: means a judgment of a court of a foreign country. See Arizona Laws 12-3251
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
B. If the court in a proceeding under subsection A of this section finds that the foreign-country judgment is entitled to recognition under this chapter, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is both of the following:
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.
2. Enforceable in the same manner and to the same extent as a judgment rendered in this state.
C. 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.
D. 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 after the date that the foreign-country judgment became effective in the foreign country.