(1) A foreign defamation judgment is not conclusive if any of the following apply:
(a)  The judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(b)  The foreign court did not have personal jurisdiction over the defendant; or
(c)  The foreign court did not have jurisdiction over the subject matter.
(2)  A foreign defamation judgment shall not be recognized, granted comity, or operate as res judicata or collateral estoppel if any of the following apply:
(a)  The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable him to provide a defense;
(b)  The judgment was obtained by fraud;
(c)  The cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state;
(d)  The judgment conflicts with another final and conclusive order;
(e)  The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled other than by proceedings in that court;
(f)  In the case of jurisdiction based only on personal service, the foreign court was an inconvenient forum for the trial of the action;
(g)  The foreign jurisdiction where judgment was rendered would not give recognition to a similar judgment rendered in this state; or
(h)  The court sitting in this state before which the matter is brought determines that the defamation law applied in the adjudication by the foreign court failed to provide at least as much protection for freedom of speech and press in that case as would be provided by the constitutions of this state and the United States.
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Terms Used In Idaho Code 6-3202

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fraud: Intentional deception resulting in injury to another.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
    • (3)  Any person against whom a foreign defamation judgment is entered, whether the foreign defamation judgment is final or appealable, may bring an action in district court for a declaration with respect to the liability of a person for the judgment and determining whether the foreign defamation judgment should be deemed unenforceable pursuant to any reason enumerated in subsection (2) of this section.
    (4)  For the purposes of rendering declaratory relief, the courts of this state shall have personal jurisdiction over any person who obtains a judgment in a defamation proceeding outside the United States against any of the following persons:
    (a)  A resident of this state;
    (b)  A person or entity amenable to the jurisdiction of this state;
    (c)  A person who has assets in this state; or
    (d)  A person who may have to take action in this state to comply with the judgment.
    (5)  Any person against whom a foreign defamation action has been instituted may bring an action for an injunction where the foreign defamation action would:
    (a)  Frustrate a policy of the state, the guarantee of due process, and the protection of freedom of speech;
    (b)  Be vexatious or oppressive; or
    (c)  Prejudice other equitable considerations.
    (6)  For the purposes of rendering injunctive relief, the courts of this state shall have personal jurisdiction over any person who institutes a defamation proceeding outside the United States against any of the following persons:
    (a)  A resident of this state;
    (b)  A person or entity amenable to the jurisdiction of this state;
    (c)  A person who has assets in this state; or
    (d)  A person who may have to take action in this state to comply with the judgment.
    (7)  No Idaho court shall sustain a dilatory exception of "lis pendens" asserted in a declaratory or injunctive proceeding under this section that was filed in an Idaho court subsequent to the foreign defamation action.
    (8)  An action brought for declaratory or injunctive relief pursuant to this section may be brought in a court of proper venue in either the county where the plaintiff resides or the county where the plaintiff has assets.