12-3252. Applicability of chapter
A. This chapter applies to a foreign-country judgment that grants or denies the recovery of a sum of money and, under the law of the foreign country where rendered, is final, conclusive and enforceable.
B. Notwithstanding subsection A of this section, this chapter does not apply to a foreign-country judgment that either:
1. Grants or denies the recovery of a sum of money if it is any of the following:
(a) A judgment for taxes.
(b) A fine or other penalty.
(c) A judgment for divorce, support or maintenance or other judgment rendered in connection with domestic relations.
2. Originates from a foreign country that has not adopted or enacted a reciprocal law related to foreign-country money judgments that is similar to this chapter.
C. The party seeking recognition of a foreign-country judgment has the burden of establishing that this chapter applies to the foreign-country judgment.
D. This chapter does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment that is not within the scope of this chapter.
Notes of Decisions
Netherlands v. Md Helicopters (Ariz. Ct. App. 2020).
· cites it 34× “MD Helicopters also filed its answer to the amended complaint, raising, inter alia, the following affirmative defenses: (1) the Act could not apply to the Hague Judgment because the judgment constituted a “fine or other penalty,” which cannot be recognized under the Act, A.R.S.…”
State v. Md Helicopters Inc (Ariz. 2020).
· cites it 27× “Instead of mirroring the NCCUSL Act, our legislature added a reciprocity requirement at A.R.S. § 12-3252 and declined to include Section 11 of the NCCUSL Act, entitled “Savings Clause.”
— Ariz. Rev. Stat. § 12-3252(1) — 1 case
State v. Md Helicopters Inc (Ariz. 2020).
“Instead of mirroring the NCCUSL Act, our legislature added a reciprocity requirement at A.R.S. § 12-3252 and declined to include Section 11 of the NCCUSL Act, entitled “Savings Clause.”
— Ariz. Rev. Stat. § 12-3252(A) — 1 case
State v. Md Helicopters Inc (Ariz. 2020).
“Instead of mirroring the NCCUSL Act, our legislature added a reciprocity requirement at A.R.S. § 12-3252 and declined to include Section 11 of the NCCUSL Act, entitled “Savings Clause.”
— Ariz. Rev. Stat. § 12-3252(B)(1)(b) — 1 case
Netherlands v. Md Helicopters (Ariz. Ct. App. 2020).
“MD Helicopters also filed its answer to the amended complaint, raising, inter alia, the following affirmative defenses: (1) the Act could not apply to the Hague Judgment because the judgment constituted a “fine or other penalty,” which cannot be recognized under the Act, A.R.S.…”
— Ariz. Rev. Stat. § 12-3252(B)(2) — 2 cases
Netherlands v. Md Helicopters (Ariz. Ct. App. 2020).
“MD Helicopters also filed its answer to the amended complaint, raising, inter alia, the following affirmative defenses: (1) the Act could not apply to the Hague Judgment because the judgment constituted a “fine or other penalty,” which cannot be recognized under the Act, A.R.S.…”
State v. Md Helicopters Inc (Ariz. 2020).
“Instead of mirroring the NCCUSL Act, our legislature added a reciprocity requirement at A.R.S. § 12-3252 and declined to include Section 11 of the NCCUSL Act, entitled “Savings Clause.”
— Ariz. Rev. Stat. § 12-3252(C) — 1 case
Netherlands v. Md Helicopters (Ariz. Ct. App. 2020).
“MD Helicopters also filed its answer to the amended complaint, raising, inter alia, the following affirmative defenses: (1) the Act could not apply to the Hague Judgment because the judgment constituted a “fine or other penalty,” which cannot be recognized under the Act, A.R.S.…”
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