Public Act 097-0140
 
SB1074 EnrolledLRB097 04787 AJO 44826 b



    AN ACT concerning civil law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Code of Civil Procedure is amended  by adding 
Sections 12-661, 12-662, 12-663, 12-664, 12-665, 12-666, 
12-667, 12-668, 12-669, 12-670, 12-671, and 12-672 as follows:
 
    (735 ILCS 5/12-661 new)
    Sec. 12-661. Short title.  Sections 12-661 through 12-672  
may be cited as the Uniform Foreign-Country Money Judgments 
Recognition Act. In those Sections, "this Act" means the 
Uniform Foreign-Country Money Judgments Recognition Act.
 
    (735 ILCS 5/12-662 new)
    Sec. 12-662. Definitions.  In this Act:
    "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.
    "Foreign-country judgment" means a judgment of a court of a 
foreign country.
 
    (735 ILCS 5/12-663 new)
    Sec. 12-663. Applicability.
    (a)  Except as otherwise provided in subsection (b), this 
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)  This 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 this Act applies 
to the foreign-country judgment.
 
    (735 ILCS 5/12-664 new)
    Sec. 12-664. Standards for recognition of foreign-country 
judgment.
    (a)  Except as otherwise provided in subsections (b) and 
(c), a court of this State shall recognize a foreign-country 
judgment to which this 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 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) exists.
 
    (735 ILCS 5/12-665 new)
    Sec. 12-665. Personal jurisdiction.
    (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 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 arising out of that operation.
    (b)  The list of bases for personal jurisdiction in 
subsection (a) is not exclusive. The courts of this State may 
recognize bases of personal jurisdiction other than those 
listed in subsection (a) as sufficient to support a 
foreign-country judgment.
 
    (735 ILCS 5/12-666 new)
    Sec. 12-666. Procedure for recognition of foreign-country 
judgment.
    (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.
 
    (735 ILCS 5/12-667 new)
    Sec. 12-667. Effect of recognition of foreign-country 
judgment.  If the court in a proceeding under Section 12-666 
finds that the foreign-country judgment is entitled to 
recognition under this 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.
 
    (735 ILCS 5/12-668 new)
    Sec. 12-668. Stay of proceedings pending appeal of 
foreign-country judgment.    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.
 
    (735 ILCS 5/12-669 new)
    Sec. 12-669. Statute of limitations.  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 15 years from the date that 
the foreign-country judgment became effective in the foreign 
country.
 
    (735 ILCS 5/12-670 new)
    Sec. 12-670. Uniformity of interpretation.  In applying and 
construing this uniform 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.
 
    (735 ILCS 5/12-671 new)
    Sec. 12-671. Saving clause.  This Act does not prevent the 
recognition under principles of comity or otherwise of a 
foreign-country judgment not within the scope of this Act.
 
    (735 ILCS 5/12-672 new)
    Sec. 12-672. Act application.  This Act applies to all 
actions commenced on or after the effective date of this 
amendatory  Act of the 97th General Assembly in which the issue 
of recognition of a foreign-country judgment is raised.

 
    (735 ILCS 5/12-618 rep.)
    (735 ILCS 5/12-619 rep.)
    (735 ILCS 5/12-620 rep.)
    (735 ILCS 5/12-621 rep.)
    (735 ILCS 5/12-622 rep.)
    (735 ILCS 5/12-623 rep.)
    (735 ILCS 5/12-624 rep.)
    (735 ILCS 5/12-625 rep.)
    (735 ILCS 5/12-626 rep.)
    Section 10. The Code of Civil Procedure is amended by 
repealing Sections 12-618, 12-619, 12-620, 12-621, 12-622, 
12-623, 12-624, 12-625, and 12-626.