Bill Text: GA SB488 | 2009-2010 | Regular Session | Engrossed

Georgia Senate Bill 488 (Prior Session Legislation)

Bill Title: Georgia Foreign Money Judgments Recognition Act; not recognize foreign judgments in defamation actions

Sponsorship: Partisan Bill (Republican 3)

Status: (Engrossed - Dead) 2010-04-29 - House Conference Committee Appointed [SB488 Detail]

Download: Georgia-2009-SB488-Engrossed.html

10 LC 29 4236ER

Senate Bill 488

By: Senators Cowsert of the 46th, Harp of the 29th and Hamrick of the 30th

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," so as to not recognize foreign judgments in defamation actions unless such jurisdiction's laws provide sufficiently similar constitutional protections as provided by courts in this state; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 5 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Foreign Money Judgments Recognition Act," is amended by revising Code Section 9-12-114, relating to when foreign judgment is not recognized, as follows:

"9-12-114.

A foreign judgment shall not be recognized if:

(1) The judgment was rendered under a system which 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;

(3) The foreign court did not have jurisdiction over the subject matter;

(4) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him or her to defend;

(5) The judgment was obtained by fraud;

(6) The cause of action on which the judgment is based is repugnant to the public policy of this state;

(7) The judgment conflicts with another final and conclusive judgment;

(8) The proceedings in the foreign court were contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court;

(9) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; or

(10) The party seeking to enforce the judgment fails to demonstrate that judgments of courts of the United States and of states thereof of the same type and based on substantially similar jurisdictional grounds are recognized and enforced in the courts of the foreign state.; or

(11)(A) The judgment was based on a cause of action for defamation, unless a court sitting in this state before which the matter is brought first determines that the defamation law which applied in the foreign state's court's adjudication provided at least as much protection for freedom of speech and press as would be provided by the United States Constitution and the Georgia Constitution.

(B) For the purposes of rendering declaratory relief with respect to a person's liability under this paragraph, the courts of this state shall have personal jurisdiction over any person who obtains a foreign judgment in a defamation proceeding against any person who:

(i) Is a resident of this state;

(ii) Is a person or entity amenable to the jurisdiction of this state;

(iii) Has assets in this state; or

(iv) May have to take action in this state to comply with such judgment.

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.