South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 15-16-45
- 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.
(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.