Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§4104 Declaratory judgments
Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 181— - FOREIGN JUDGMENTS › § 4104
Summary
A U.S. person hit with a foreign judgment for something they wrote or said that was published may ask a federal court to rule the foreign judgment conflicts with the U.S. Constitution or laws. A judgment conflicts if it would not be enforceable under section 4102(a), (b), or (c). They must prove it. The defendant may be served where the case is filed or in any U.S. district where they are found, reside, have an agent, or do business.
Full Legal Text
Title 28, §4104
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
(a)(1)Any United States person against whom a foreign judgment is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in district court, under section 2201(a), for a declaration that the foreign judgment is repugnant to the Constitution or laws of the United States. For the purposes of this paragraph, a judgment is repugnant to the Constitution or laws of the United States if it would not be enforceable under section 4102(a), (b), or (c).
(2)The party bringing an action under paragraph (1) shall bear the burden of establishing that the foreign judgment would not be enforceable under section 4102(a), (b), or (c).
(b)Where an action under this section is brought in a district court of the United States, process may be served in the judicial district where the case is brought or any other judicial district of the United States where the defendant may be found, resides, has an agent, or transacts business.
Reference
Citations & Metadata
Citation
28 U.S.C. § 4104
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73