This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article.
Source: L. 2008: Entire article R&RE, p. 103, § 1, effective August 5.
OFFICIAL COMMENT
Source: This section is based on Section 7 of the 1962 Act.
1. Section 3 of this Act provides that this Act applies only to certain foreign-country judgments that grant or deny recovery of a sum of money. The purpose of this Act is to establish the minimum standards for recognition of those judgments. Section 11 makes clear that no negative implication should be read from the fact that this Act does not provide for recognition of other foreign-country judgments. Rather, this Act simply does not address the issue of whether foreign-country judgments not within its scope under Section 3 should be recognized. Courts are free to recognize those foreign-country judgments not within the scope of this Act under common law principles of comity or other applicable law.
ANNOTATION
Annotator's note. Since § 13-62-111 is similar to § 13-62-108 as it existed prior to the 2008 repeal and reenactment of article 62 of title 13, a relevant case construing that provision has been included in the annotations to this section.
A foreign judgment may be recognized under the common law doctrine of comity where defendants were represented by counsel during foreign proceedings, the foreign court had personal and subject matter jurisdiction, there was no evidence of fraud, and defendants did not claim that they were denied the opportunity in the foreign proceedings of a full, fair, and impartial trial. Milhoux v. Linder, 902 P.2d 856 (Colo. App. 1995).
Reciprocity is not required for recognition of foreign judgments in Colorado as a matter of comity. Milhoux v. Linder, 902 P.2d 856 (Colo. App. 1995).