as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 01:41pm
A bill for an act
relating to judgments; enacting the Uniform Registration of Canadian Money
Judgments Act adopted and recommended for passage by the National Conference
of Commissioners on Uniform State Laws; proposing coding for new law in
Minnesota Statutes, chapter 548.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
new text begin
Sections 548.64 to 548.74 may be cited as the "Uniform Registration of Canadian Money
Judgments Act."
new text end
new text begin
In sections 548.64 to 548.74:
new text end
new text begin
(1) "Canada" means the sovereign nation of Canada and its provinces and territories.
"Canadian" has a corresponding meaning.
new text end
new text begin
(2) "Canadian judgment" means a judgment of a court of Canada, other than a judgment
that recognizes the judgment of another foreign country.
new text end
new text begin
(a) Sections 548.64 to 548.74 apply to a Canadian judgment to the extent the judgment
is within the scope of sections 548.54 to 548.63, if recognition of the judgment is sought to
enforce the judgment.
new text end
new text begin
(b) A Canadian judgment that grants both recovery of a sum of money and other relief
may be registered under sections 548.64 to 548.74, but only to the extent of the grant of
recovery of a sum of money.
new text end
new text begin
(c) A Canadian judgment regarding subject matter both within and not within the scope
of sections 548.64 to 548.74 may be registered under sections 548.64 to 548.74, but only
to the extent the judgment is with regard to subject matter within the scope of sections
548.64 to 548.74.
new text end
new text begin
(a) A person seeking recognition of a Canadian judgment described in section 548.66
to enforce the judgment may register the judgment in the office of the court administrator
of a court in which an action for recognition of the judgment could be filed under section
548.59.
new text end
new text begin
(b) A registration under paragraph (a) must be executed by the person registering the
judgment or the person's attorney and include:
new text end
new text begin
(1) a copy of the Canadian judgment authenticated in the same manner as a copy of a
foreign judgment is authenticated in an action under section 548.59 as an accurate copy by
the court that entered the judgment;
new text end
new text begin
(2) the name and address of the person registering the judgment;
new text end
new text begin
(3) if the person registering the judgment is not the person in whose favor the judgment
was rendered, a statement describing the interest the person registering the judgment has
in the judgment which entitles the person to seek its recognition and enforcement;
new text end
new text begin
(4) the name and last-known address of the person against whom the judgment is being
registered;
new text end
new text begin
(5) if the judgment is of the type described in section 548.66, paragraph (b) or (c), a
description of the part of the judgment being registered;
new text end
new text begin
(6) the amount of the judgment or part of the judgment being registered, identifying:
new text end
new text begin
(i) the amount of interest accrued as of the date of registration on the judgment or part
of the judgment being registered, the rate of interest, the part of the judgment to which
interest applies, and the date when interest began to accrue;
new text end
new text begin
(ii) costs and expenses included in the judgment or part of the judgment being registered,
other than an amount awarded for attorney fees; and
new text end
new text begin
(iii) the amount of an award of attorney fees included in the judgment or part of the
judgment being registered;
new text end
new text begin
(7) the amount, as of the date of registration, of post-judgment costs, expenses, and
attorney fees claimed by the person registering the judgment or part of the judgment;
new text end
new text begin
(8) the amount of the judgment or part of the judgment being registered which has been
satisfied as of the date of registration;
new text end
new text begin
(9) a statement that:
new text end
new text begin
(i) the judgment is final, conclusive, and enforceable under the law of the Canadian
jurisdiction in which it was rendered;
new text end
new text begin
(ii) the judgment or part of the judgment being registered is within the scope of sections
548.64 to 548.74; and
new text end
new text begin
(iii) if a part of the judgment is being registered, the amounts stated in the registration
under clauses (6), (7), and (8) relate to the part;
new text end
new text begin
(10) if the judgment is not in English, a certified translation of the judgment into English;
and
new text end
new text begin
(11) the filing fee stated in section 548.30.
new text end
new text begin
(c) On receipt of a registration that includes the documents, information, and filing fee
required by paragraph (b), the court administrator shall file the registration, assign a docket
number, and enter the Canadian judgment in the court's docket.
new text end
new text begin
(d) A registration substantially in the following form complies with the registration
requirements under paragraph (b) if the registration includes the attachments specified in
the form:
new text end
new text begin
REGISTRATION OF CANADIAN MONEY JUDGMENT
new text end
new text begin
Complete and file this form, together with the documents required by Part V of this form,
with the court administrator. When stating an amount of money, identify the currency in
which the amount is stated.
new text end
new text begin
PART I. IDENTIFICATION OF CANADIAN JUDGMENT new text end |
|||
new text begin
Canadian Court Rendering the Judgment: new text end |
|||
new text begin
.
new text end |
|||
new text begin
Case/Docket Number in Canadian Court: new text end |
|||
new text begin
.
new text end |
|||
new text begin
Name of Plaintiff(s): new text end |
|||
new text begin
.
new text end |
|||
new text begin
Name of Defendant(s): new text end |
|||
new text begin
.
new text end |
|||
new text begin
The Canadian Court entered the judgment: new text end |
|||
new text begin
on
.
new text end |
new text begin
in
.
new text end |
new text begin
in
.
new text end |
|
new text begin
[Date] new text end |
new text begin
[City] new text end |
new text begin
[Province or Territory] new text end |
|
new text begin
The judgment includes an award for the payment of money in favor of ......................... new text end |
|||
new text begin
in the amount of ......................... new text end |
|||
new text begin
If only part of the Canadian judgment is subject to registration (see section 548.66, paragraphs (b) and (c)), describe the part of the judgment being registered: new text end |
|||
new text begin
.
new text end |
|||
new text begin
PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED new text end |
|||
new text begin
Provide the following information for all persons seeking to register the judgment under this registration and all persons against whom the judgment is being registered under this registration. Name of Person(s) Registering Judgment: new text end |
|||
new text begin
.
new text end |
|||
new text begin
If a person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement: new text end |
|||
new text begin
.
new text end |
|||
new text begin
Address of Person(s) Registering Judgment: new text end |
|||
new text begin
.
new text end |
|||
new text begin
Additional Contact Information for Person(s) Registering Judgment (Optional): new text end |
|||
new text begin
Telephone Number:
.
new text end |
new text begin
Fax Number:
.
new text end |
||
new text begin
Email Address:
.
new text end |
|||
new text begin
Name of Attorney for Person(s) Registering Judgment, if any: new text end |
|||
new text begin
.
new text end |
|||
new text begin
Address:
.
new text end |
|||
new text begin
Telephone Number:
.
new text end |
new text begin
Fax Number:
.
new text end |
||
new text begin
Email Address:
.
new text end |
|||
new text begin
Name of Person(s) Against Whom Judgment is Being Registered: new text end |
|||
new text begin
.
new text end |
|||
new text begin
Address of Person(s) Against Whom Judgment is Being Registered: new text end |
|||
new text begin
.
(provide the most recent address known)
new text end |
|||
new text begin
Additional Contact Information for Person(s) Against Whom Judgment is Being Registered (Optional) (provide most recent information known): new text end |
|||
new text begin
Telephone Number:
.
new text end |
new text begin
Fax Number:
.
new text end |
||
new text begin
Email Address:
.
new text end |
|||
new text begin
PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS SOUGHT new text end |
|||
new text begin
Identify the currency or currencies in which each amount is stated. new text end |
|||
new text begin
The amount of the Canadian judgment or part of the judgment being registered is: new text end |
|||
new text begin
.
new text end |
|||
new text begin
The amount of interest accrued as of the date of registration on the part of the judgment being registered is: new text end |
|||
new text begin
.
new text end |
|||
new text begin
The applicable rate of interest is:
.
new text end |
|||
new text begin
The date when interest began to accrue is:
.
new text end |
|||
new text begin
The part of the judgment to which the interest applies is:
.
new text end |
|||
new text begin
The Canadian Court awarded costs and expenses relating to the part of the judgment being registered in the amount of: new text end |
|||
new text begin
.
new text end |
|||
new text begin
(exclude any amount included in the award of costs and expenses which represents an award of attorney fees). new text end |
|||
new text begin
The person registering the Canadian judgment claims post-judgment costs and expenses in the amount of: new text end |
|||
new text begin
.
new text end |
|||
new text begin
and post-judgment attorney fees in the amount of new text end |
|||
new text begin
.
new text end |
|||
new text begin
relating to the part of the judgment being registered (include only costs, expenses, and attorney fees incurred before registration). new text end |
|||
new text begin
The amount of the part of the judgment being registered which has been satisfied as of the date of registration is new text end |
|||
new text begin
.
new text end |
|||
new text begin
The total amount for which enforcement of the part of the judgment being registered is sought is new text end |
|||
new text begin
.
new text end |
|||
new text begin
PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT new text end |
|||
new text begin
I,
.
state:
new text end |
|||
new text begin
(Person Registering Judgment or Attorney for Person Registering Judgment) new text end |
|||
new text begin
1. The Canadian judgment is final, conclusive, and enforceable under the law of the Canadian jurisdiction in which it was rendered. new text end |
|||
new text begin
2. The Canadian judgment or part of the judgment being registered is within the scope of Minnesota Statutes, sections 548.64 to 548.74. new text end |
|||
new text begin
3. If only a part of the Canadian judgment is being registered, the amounts stated in Part III of this form relate to that part. new text end |
|||
new text begin
PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION new text end |
|||
new text begin
Attached are (check to signify required items are included): new text end |
|||
new text begin
.
new text end |
new text begin
A copy of the Canadian judgment authenticated in the same manner a copy of a foreign judgment is authenticated in an action under Minnesota Statutes, section 548.59, as an accurate copy by the Canadian court that entered the judgment. new text end |
||
new text begin
.
new text end |
new text begin
If the Canadian judgment is not in English, a certified translation of the judgment into English. new text end |
||
new text begin
.
new text end |
new text begin
The registration fee stated in Minnesota Statutes, section 548.30. new text end |
||
new text begin
I declare that the information provided on this form is true and correct to the best of my knowledge and belief. new text end |
|||
new text begin
Submitted by:
.
new text end |
|||
new text begin
Signature of Person Registering Judgment or new text end |
|||
new text begin
Attorney for Person Registering Judgment new text end |
|||
new text begin
Date of submission:
.
new text end |
new text begin
(a) Subject to paragraph (b), a Canadian judgment registered under section 548.67 has
the same effect provided in section 548.60 for a judgment a court determines to be entitled
to recognition.
new text end
new text begin
(b) A Canadian judgment registered under section 548.67 may not be enforced by sale
or other disposition of property, or by seizure of property or garnishment, until 31 days after
notice under section 548.69 of registration is served. The court for cause may provide for
a shorter or longer time. This paragraph does not preclude use of relief available under law
of this state other than sections 548.64 to 548.74 to prevent dissipation, disposition, or
removal of property.
new text end
new text begin
(a) A person that registers a Canadian judgment under section 548.67 shall cause notice
of registration to be served on the person against whom the judgment has been registered.
new text end
new text begin
(b) Notice under this section must be served in the same manner that a summons and
complaint must be served in an action seeking recognition under section 548.59 of a
foreign-country money judgment.
new text end
new text begin
(c) Notice under this section must include:
new text end
new text begin
(1) the date of registration and court in which the judgment was registered;
new text end
new text begin
(2) the docket number assigned to the registration;
new text end
new text begin
(3) the name and address of:
new text end
new text begin
(i) the person registering the judgment; and
new text end
new text begin
(ii) the person's attorney, if any;
new text end
new text begin
(4) a copy of the registration, including the documents required under section 548.67,
paragraph (b); and
new text end
new text begin
(5) a statement that:
new text end
new text begin
(i) the person against whom the judgment has been registered, not later than 30 days
after the date of service of notice, may petition the court to vacate the registration; and
new text end
new text begin
(ii) the court for cause may provide for a shorter or longer time.
new text end
new text begin
(d) Proof of service of notice under this section must be filed with the court administrator.
new text end
new text begin
(a) Not later than 30 days after notice under section 548.69 is served, the person against
whom the judgment was registered may petition the court to vacate the registration. The
court for cause may provide for a shorter or longer time for filing the petition.
new text end
new text begin
(b) A petition under this section may assert only:
new text end
new text begin
(1) a ground that could be asserted to deny recognition of the judgment under sections
548.54 to 548.63; or
new text end
new text begin
(2) a failure to comply with a requirement of sections 548.64 to 548.74 for registration
of the judgment.
new text end
new text begin
(c) A petition filed under this section does not itself stay enforcement of the registered
judgment.
new text end
new text begin
(d) If the court grants a petition under this section, the registration is vacated, and any
act under the registration to enforce the registered judgment is void.
new text end
new text begin
(e) If the court grants a petition under this section on a ground under paragraph (b),
clause (1), the court also shall render a judgment denying recognition of the Canadian
judgment. A judgment rendered under this subsection has the same effect as a judgment
denying recognition to a judgment on the same ground under sections 548.54 to 548.63.
new text end
new text begin
A person that files a petition under section 548.70, paragraph (a), to vacate registration
of a Canadian judgment may request the court to stay enforcement of the judgment pending
determination of the petition. The court shall grant the stay if the person establishes a
likelihood of success on the merits with regard to a ground listed in section 548.70, paragraph
(b), for vacating a registration. The court may require the person to provide security in an
amount determined by the court as a condition of granting the stay.
new text end
new text begin
(a) Sections 548.64 to 548.74 supplement the Uniform Foreign-Country Money
Judgments Recognition Act, and sections 548.54 to 548.63, other than section 548.59, apply
to a registration under sections 548.64 to 548.74.
new text end
new text begin
(b) A person may seek recognition of a Canadian judgment described in section 548.66
either:
new text end
new text begin
(1) by registration under sections 548.64 to 548.74; or
new text end
new text begin
(2) under section 548.59.
new text end
new text begin
(c) Subject to paragraph (d), a person may not seek recognition in this state of the same
judgment or part of a judgment described in 548.66, paragraph (b) or (c), with regard to the
same person under both sections 548.59 and 548.64 to 548.74.
new text end
new text begin
(d) If the court grants a petition to vacate a registration solely on a ground under section
548.70, paragraph (b), clause (2), the person seeking registration may:
new text end
new text begin
(1) if the defect in the registration can be cured, file a new registration under sections
548.64 to 548.74; or
new text end
new text begin
(2) seek recognition of the judgment under section 548.59.
new text end
new text begin
In applying and construing this uniform act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact it.
new text end
new text begin
Sections 548.64 to 548.74 apply to the registration of a Canadian judgment entered in
a proceeding that is commenced in Canada on or after the effective date of sections 548.64
to 548.74.
new text end
new text begin
Sections 1 to 11 are effective January 1, 2021.
new text end