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O.C.G.A. § 9-12-112 — Applicability; burden of proof | Georgia Code
O.C.G.A. § 9-12-112 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 12. Verdict and Judgment, 9-12-1 through 9-12-138.

ARTICLE 5 UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT

9-12-112. Applicability; burden of proof.

  1. 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.
  2. 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.
  3. A party seeking recognition of a foreign-country judgment has the burden of establishing that this article applies to such foreign-country judgment.

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

The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "This article applies to any foreign judgment that is final, conclusive, and enforceable where rendered even though an appeal therefrom is pending or it is subject to appeal." See editor's note for applicability.

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 A.L.R.4th 1109.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.