Montana Code 25-9-606. Personal jurisdiction
25-9-606. Personal jurisdiction. (1) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
Terms Used In Montana Code 25-9-606
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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. See Montana Code 25-9-602
- Foreign-country judgment: means any judgment of a foreign country. See Montana Code 25-9-602
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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 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 cause of action or claim for relief arising out of business done by the defendant through that office in the foreign country; or
(f)the defendant operated a motor vehicle or airplane in the foreign country and the proceedings involved a cause of action or claim for relief arising out of that operation.
(2)The list of bases for personal jurisdiction in subsection (1) is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (1) as sufficient to support a foreign-country judgment.