Bill Text: IL SB1074 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Code of Civil Procedure. Makes a technical change in a Section concerning the effect of Article, Part, and Section headings.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-07-14 - Public Act . . . . . . . . . 97-0140 [SB1074 Detail]

Download: Illinois-2011-SB1074-Amended.html

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Sen. A. J. Wilhelmi

Filed: 4/11/2011

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AMENDMENT TO SENATE BILL 1074
AMENDMENT NO. ______. Amend Senate Bill 1074 by replacing
everything after the enacting clause with the following:
"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:

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(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

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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

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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.

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(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

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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

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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)

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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.".