O.C.G.A.

O.C.G.A. § 9-12-112 (2019)

Applicability; burden of proof

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Except as otherwise provided in subsection (b) of this Code section, this article applies to any foreign-country judgment to the extent that such judgment: (1) Grants or denies recovery of a sum of money; and (2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable. (b) This article shall not apply to a foreign-country judgment, even if such judgment grants or denies recovery of a sum of money, to the extent that such judgment is: (1) A judgment for taxes; (2) A fine or other penalty; or (3) A judgment for divorce, support, or maintenance, or any other judgment rendered in connection with domestic relations. (c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this article applies to such foreign-country judgment.

History

(Ga. L. 1975, p. 479, § 2; Ga. L. 2015, p. 996, § 2-1/SB 65.)

Annotations

Editor’s notes. - Ga. L. 2015, p. 996,

§ 1-1/SB 65, not codified by the General Assembly, provides: ‘‘(a) This Act shall be known and may be cited as the ‘Debtor Creditor Uniform Law Modernization Act of 2015.’ ‘‘(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and

creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships.’’ Ga. L. 2015, p. 996, § 7-1/SB 65, not

codified by the General Assembly, provides, in part: ‘‘Part 2 of this Act shall apply to all actions filed on or after July 1, 2015, in which the recognition of a foreign country judgment is raised.’’

RESEARCH REFERENCES C.J.S. - 50 C.J.S., Judgments, § 1273 et seq. U.L.A. - Uniform Foreign Money-Judgments Recognition Act (U.L.A.) § 2.

ALR. - Judgment of court of foreign country as entitled to enforcement or extraterritorial effect in state court, 13 ALR4th 1109.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Int'l Associated Traders Co. v. Halocarbon Labs., Inc. (N.D. Ga. 2021).
Int'l Associated Traders Co. v. Halocarbon Labs., Inc. (N.D. Ga. 2021). · cites it 4× “Under O.C.G.A. §§ 9-12-112 and 113, a court in this state “shall” recognize a foreign judgment that is “final, conclusive, and enforceable” if the judgment grants or denies recovery of a sum of money; it is not related to taxes, a fine or other penalty or domestic relations; and…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.