15-16-45. Criteria for recognition of out-of-country foreign judgments.
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.
Source: SL 2013, ch 98, §2.
Structure South Dakota Codified Laws
Section 15-16-1 - Judgment for possession or damages in action for recovery of personal property.
Section 15-16-2 - Delivery of possession to purchaser in judgment for sale of real property.
Section 15-16-3 - Interest added to money judgment.
Section 15-16-5 - Docketing of circuit court money judgment with clerk of courts.
Section 15-16-6 - Entry and indexing of judgments in judgment docket--Contents of entries.
Section 15-16-7 - Lien of docketed judgment on real property within county--Duration of lien.
Section 15-16-10 - Docket entry as to judgment stayed pending appeal--Lien suspended.
Section 15-16-11 - Assignment of judgment--Docket entry.
Section 15-16-12 - Leave of court required for action on judgment.
Section 15-16-15 - Cancellation of judgment on return of satisfaction--Docket entry.
Section 15-16-16 - Partial satisfaction of judgment--Docket entry and partial discharge of liens.
Section 15-16-17 - Release of specific property from judgment lien--Docket entries.
Section 15-16-18 - Docket entries on court order discharging or canceling judgment.
Section 15-16-28 - Docketing of federal court judgments--Effect.
Section 15-16-29 - Lien of federal court judgment.
Section 15-16-30 - Assignment of federal court judgment--Docket entry.
Section 15-16-31 - Discharge and cancellation of federal court judgments--Docket entry.
Section 15-16-32 - Setoff of mutual judgments.
Section 15-16-33 - Renewal of certain judgments by affidavit--Contents of affidavit.
Section 15-16-34 - Filing and docketing of affidavit of renewal--Copy.
Section 15-16-35 - Operation as judgment lien--Continuation of lien--Execution.
Section 15-16-37 - Application for discharge of civil judgment debt discharged in bankruptcy.
Section 15-16-38 - Contents of application--Service on judgment creditors.
Section 15-16-39 - Clerk to discharge judgment--Exception--Objection to discharge--Service.
Section 15-16-41 - Form of application for discharge of judgment.
Section 15-16-42 - Judgment ceases to be lien upon discharge.
Section 15-16-43 - Applicability to general judgment liens only.
Section 15-16-44 - Conditions for not recognizing out-of-country foreign judgments.
Section 15-16-45 - Criteria for recognition of out-of-country foreign judgments.
Section 15-16-46 - Required findings for recognition of out-of-country foreign defamation judgment.