Judgment Domestication
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Statutes
A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any superior court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the superior court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a superior court of this state and may be enforced or satisfied in like manner. (A.R.S. § 12-1702) See also Arizona Uniform Enforcement of Foreign Judgments Act.
Cases
The full faith and credit clause of the US Constitution requires that a valid judgment in another state be accorded the same validity and effect in Arizona as it has in the state where the judgment was obtained. U.S.C.A. Const. Art. 4, § 1; Springfield Credit Union v. Johnson, 123 Ariz. 319, 599 P.2d 772 (1979).
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under [the UEFJA] remains unimpaired.
Id. Filing suit to enforce an out-of-state judgment, or filing under the procedure required in the UEFJA are simply a procedural methods for giving full faith and credit to judgment of a sister state. Danis v. Ziff-Davis Pub. Co., 674 P.2d 900 (Ariz.App.Div.2, 1983). Filing itself does not create substantive rights not conferred by the full faith and credit clause of the US Constitution, and thus in personam jurisdiction exercised by foreign court is not transferred to Arizona by act of perfecting the judgment in Arizona. Id.; U.S.C.A. Const. Art. 4, § 1.
28 U.S.C.A. § 1738 explains the documentary evidence to be used in full faith and credit proceedings. It provides that the records and judicial proceedings of any court shall be proved or admitted in other courts within the US by the attestation of the clerk and seal (if one exists) of the court annexed, together with a certificate of a judgment of the court that the said attestation is in proper form. Authentic records and judicial proceedings or copies shall have the same full faith and credit in every court within the US as they have by law or usage in the courts of such State from which they are taken.
Out-of-state judgments are subject to same procedures, defenses, and proceedings as are local judgments. A.R.S. § 12-1702; Phares v. Nutter, 609 P.2d 561 (Ariz., 1980). The validity of the out-of-state judgment can be attacked on motion for relief from final judgment if rendering court 1) lacked jurisdiction over person or subject matter, 2) judgment was obtained through lack of due process, 3) judgment was result of extrinsic fraud, or 4) judgment was invalid or unenforceable. U.S.C.A. Const. Art. 4 § 1; Amends. 5, 14; Miller v. Eloie Farms, Inc., 625 P.2d 332 Ariz.App.Div.2, 1980); Cho v. American Bonding Co., 951 P.2d 468 (Ariz.App.Div.1., 1998).
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under [the UEFJA] remains unimpaired.
Id. Filing suit to enforce an out-of-state judgment, or filing under the procedure required in the UEFJA are simply a procedural methods for giving full faith and credit to judgment of a sister state. Danis v. Ziff-Davis Pub. Co., 674 P.2d 900 (Ariz.App.Div.2, 1983). Filing itself does not create substantive rights not conferred by the full faith and credit clause of the US Constitution, and thus in personam jurisdiction exercised by foreign court is not transferred to Arizona by act of perfecting the judgment in Arizona. Id.; U.S.C.A. Const. Art. 4, § 1.
28 U.S.C.A. § 1738 explains the documentary evidence to be used in full faith and credit proceedings. It provides that the records and judicial proceedings of any court shall be proved or admitted in other courts within the US by the attestation of the clerk and seal (if one exists) of the court annexed, together with a certificate of a judgment of the court that the said attestation is in proper form. Authentic records and judicial proceedings or copies shall have the same full faith and credit in every court within the US as they have by law or usage in the courts of such State from which they are taken.
Out-of-state judgments are subject to same procedures, defenses, and proceedings as are local judgments. A.R.S. § 12-1702; Phares v. Nutter, 609 P.2d 561 (Ariz., 1980). The validity of the out-of-state judgment can be attacked on motion for relief from final judgment if rendering court 1) lacked jurisdiction over person or subject matter, 2) judgment was obtained through lack of due process, 3) judgment was result of extrinsic fraud, or 4) judgment was invalid or unenforceable. U.S.C.A. Const. Art. 4 § 1; Amends. 5, 14; Miller v. Eloie Farms, Inc., 625 P.2d 332 Ariz.App.Div.2, 1980); Cho v. American Bonding Co., 951 P.2d 468 (Ariz.App.Div.1., 1998).
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John G. Sinodis
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