15-16-45. Criteria for recognition of out-of-country foreign judgments.
118 words·~1 min read·
/sd/title-15/chapter-15-16/15-16-45·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In deciding whether to enforce and recognize an out-of-country foreign judgment, the court shall consider the following factors when deciding whether to enforce and recognize a out-of-country foreign judgment, to wit:
(1)The foreign court actually had jurisdiction over both the subject matter and the parties;
(2)The judgment was not obtained fraudulently;
(3)The judgment was rendered by a system of law reasonably assuring the requisites of an impartial administration of justice which includes due notice and a hearing;
(4)The judgment did not contravene the public policy of the jurisdiction in which it is relied upon; and
(5)The jurisdiction issuing the order or judgment also grants comity to orders and judgments of South Dakota courts.