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DE HB104

Bill

Status

Passed

6/16/2009

Primary Sponsor

James Johnson

Click for details

Origin

House of Representatives

145th General Assembly

AI Summary

  • Adopts the Uniform Foreign-Country Money Judgments Recognition Act (UFCMJRA) of 2005, updating Delaware's previous adoption of the 1962 Act

  • Establishes clear standards for Delaware courts to recognize and enforce money judgments from foreign countries, with specific procedures for enforcement

  • Defines grounds for non-recognition including lack of impartial tribunals, lack of personal or subject matter jurisdiction, fraud, public policy conflicts, and incompatibility with due process

  • Sets a statute of limitations for recognition actions at the earlier of when the foreign judgment expires or 15 years from when it became effective in the foreign country

  • Clarifies burden of proof requirements: petitioners must prove a judgment qualifies for recognition while respondents must prove grounds for non-recognition exist

Legislative Description

An Act To Amend Titles 10, 13 And 31 Of The Delaware Code Relating To Dscyf Custody And Third Party Visitation.

Last Action

Signed by Governor

6/16/2009

Committee Referrals

Judiciary4/30/2009
Judiciary4/1/2009

Full Bill Text

No bill text available