SDCL § 15-16-45: Criteria for recognition of out-of-country foreign judgments.
Where this section sits in the code
- TITLE 15. CIVIL PROCEDURE
- CHAPTER 15-16. 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.
Collected 2026-09-03T15:18:56Z. Source file · JSON