Free tool · Conflict of Laws
Enforcing a Judgment From Another State or Country
A final judgment on the merits from another US state must be recognised and enforced under the Full Faith and Credit Clause, if the rendering court had jurisdiction and the defendant had notice and a chance to be heard. The merits cannot be reopened, and the enforcing state’s public policy is generally no defence. A judgment from another country is not covered by the Clause. It is recognised by comity, and in many states under the Uniform Foreign-Country Money Judgments Recognition Act, unless there are grounds for refusal, such as a lack of impartial tribunals or due process, no jurisdiction, fraud, a conflicting judgment, repugnance to public policy, or a penal or tax claim.
Tool · Judgment Recognition Checker
The sister-state judgment must be recognised and enforced, and the merits cannot be reopened.
A final judgment on the merits: Full faith and credit, and comity, apply to final judgments on the merits. A preliminary or interlocutory order, or a dismissal on a technical ground, does not generally preclude relitigation.
Jurisdiction of the rendering court: The enforcing court may inquire into whether the rendering court had personal and subject-matter jurisdiction, unless the defendant appeared and litigated that question (Durfee v Duke; Baldwin v Iowa Traveling Men’s Association). A judgment without jurisdiction can be attacked collaterally.
Notice and opportunity to be heard: Due process requires that the defendant had notice and an opportunity to be heard.
- Under the Full Faith and Credit Clause and its statute (28 U.S.C. § 1738), a sister-state judgment must be given the same effect that it has in the state that rendered it. The enforcing state may not reconsider the merits, and generally has no public policy exception for judgments (Baker v General Motors, with limits for the enforcement of the manner and method of execution, which the enforcing state’s law controls).
Shows whether a court must recognise and enforce a judgment from another US state (full faith and credit) or from another country (comity and the uniform acts), and the grounds on which recognition can be refused. Invented facts; state law varies, treaties can apply, and a teaching aid is not legal advice. Runs in your browser; nothing is stored or sent.
How to use it
- Say whether the judgment comes from another state or another country, and what it orders.
- Tick whether it is final, whether the court had jurisdiction and whether the defendant had notice.
- Add any defences: fraud, public policy, an unfair foreign system.
- Read whether a court must recognise it.
Common questions
Can the enforcing court review the merits?
No. A sister-state judgment is given the same effect that it has in the state that rendered it, including its finality.
What is the difference between recognition and enforcement?
Recognition accepts the judgment as valid and conclusive. Enforcement uses the court’s processes, under the forum’s own rules, to collect or carry it out.
Does a foreign judgment always have to be recognised?
No. It can be refused on the grounds listed in the uniform act or the common law, such as lack of due process or repugnance to public policy.
Learn the law behind the tool
This tool is part of our Conflict of Laws course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Conflict of Laws: Recognition of Judgments.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.