Title 10, ISSUES, TRIAL AND JUDGMENT IN CIVIL ACTIONS

10-1115. ADDITIONAL PROCEDURE FOR SATISFACTION OF JUDGMENT -- DISPOSITION OF MONEY. As a further procedure for the satisfaction of a judgment, and in addition to the satisfaction of a judgment as provided by law or rule of court, any person, against whom exists a judgment for the…

10-1201. DECLARATORY JUDGMENTS AUTHORIZED -- FORM AND EFFECT. Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed. No action or proceeding shall be open …

10-1202. PERSON INTERESTED OR AFFECTED MAY HAVE DECLARATION. Any person interested under a deed, will, written contract or other writings constituting a contract or any oral contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance,…

10-1203. CONSTRUCTION OF CONTRACTS. A contract may be construed either before or after there has been a breach thereof.

10-1204. REPRESENTATIVES AND PERSONS BENEFICIALLY INTERESTED -- RIGHT TO DECLARATION. Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of…

10-1205. ENUMERATION NOT A LIMITATION. The enumeration in Sections 10-1202, 10-1203 and 10-1204, does not limit or restrict the exercise of the general powers conferred in Section 10-1201, in any proceedings where declaratory relief is sought, in which a judgment or decree will t…

10-1206. WHEN COURT MAY REFUSE JUDGMENT OR DECREE. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

10-1207. REVIEW OF ORDERS, JUDGMENTS AND DECREES. All orders, judgments and decrees under this Act may be appealed from or reviewed as other orders, judgments and decrees.

10-1208. FURTHER RELIEF ON PETITION -- SHOWING BY ADVERSE PARTY. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the applicat…

10-1209. ISSUES OF FACT -- TRIAL AND DETERMINATION. When a proceeding under this act involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other actions at law or suits in equity in …

10-1210. COSTS. In any proceeding under this act the court may make such award of costs as may seem equitable and just.

10-1211. PARTIES TO ACTION -- MUNICIPAL ORDER OR FRANCHISE. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the …

10-1212. CONSTRUCTION OF ACT. This act is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered.

10-1213. "PERSON" DEFINED. The word "person" wherever used in this act, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.

10-1214. SEPARABILITY -- EXCEPTION. The several sections and provisions of this act, except Sections 10-1201 and 10-1202, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the act …

10-1215. CONSTRUCTION TO EFFECTUATE UNIFORMITY. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of de…

10-1216. SHORT TITLE. This act may be cited as the Uniform Declaratory Judgment Act.

10-1217. DECLARATORY JUDGMENT OF LEGAL DEATH. The court has the authority through a declaratory judgment to determine that a person who is absent, and who has not been heard from, is legally dead. In making such determination, the court may, at any time, consider all evidence ava…

10-1301. "FOREIGN JUDGMENT" DEFINED. In this act, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court or an order of an administrative body of any state regarding the support of a child, spouse, or former spouse or the est…

10-1302. FILING OF FOREIGN JUDGMENT WITH CLERK OF DISTRICT COURT -- EFFECT OF FILING. A copy of any foreign judgment certified in accordance with the act of congress or the statutes of this state may be filed in the office of the clerk of any district court of any county of this …

10-1303. AFFIDAVIT CONTAINING NAME AND ADDRESS OF JUDGMENT DEBTOR AND CREDITOR -- NOTICE OF FILING -- WHEN PROCESS FOR ENFORCEMENT MAY ISSUE. (a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an …

10-1304. STAY OF EXECUTION. (a) If the judgment debtor shows the district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is conclud…

10-1305. FEES. Any person filing a foreign judgment shall pay to the clerk of the court twenty-seven dollars ($27.00). Seven dollars ($7.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county and twenty dollars ($20.00) of such …

10-1306. ALTERNATIVE REMEDIES UNIMPAIRED. The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this act remains unimpaired.

10-1306A. RECORDING OF FILED JUDGMENT. A foreign judgment filed under this act shall not become a lien as provided in section 10-1110, Idaho Code, unless a transcript or abstract thereof, certified by the clerk of the Idaho court in which it has been filed, which certificate shal…

10-1307. UNIFORM CONSTRUCTION OF ACT. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

10-1308. CITATION OF ACT. This act may be cited as the "Enforcement of Foreign Judgments Act."

10-1309. FOREIGN ORDERS -- RECIPROCAL AGREEMENTS -- PUBLIC POLICY. (1) No court, agency or tribunal of this state shall recognize, base a ruling on, or enforce an order issued under the law of another country, which order is manifestly incompatible with the public policy of this …

10-1401. SHORT TITLE. This chapter shall be known and may be cited as the "Uniform Foreign Country Money Judgments Recognition Act."

10-1402. DEFINITIONS. In this chapter: (1) "Foreign country" means a government other than: (a) The United States; (b) A state, district, commonwealth, territory or insular possession of the United States; or (c) Any other government with regard to which the decision in this stat…

10-1403. APPLICABILITY. (1) Except as otherwise provided in subsection (2) of this section, this chapter applies to a foreign country judgment to the extent that the judgment: (a) Grants or denies recovery of a sum of money; and (b) Under the law of the foreign country where rend…

10-1404. STANDARDS FOR RECOGNITION OF FOREIGN COUNTRY JUDGMENT. (1) Except as otherwise provided in subsections (2) and (3) of this section, a court of this state shall recognize a foreign country judgment to which this chapter applies. (2) A court of this state may not recognize…

10-1405. PERSONAL JURISDICTION. (1) A foreign country judgment may not be refused recognition for lack of personal jurisdiction if: (a) The defendant was served with process personally in the foreign country; (b) The defendant voluntarily appeared in the proceeding, other than fo…

10-1406. PROCEDURE FOR RECOGNITION OF FOREIGN COUNTRY JUDGMENT. (1) If recognition of a foreign country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign country judgment. (2) If recognition o…

10-1407. EFFECT OF RECOGNITION OF FOREIGN COUNTRY JUDGMENT. If the court in a proceeding under section 10-1406, Idaho Code, finds that the foreign country judgment is entitled to recognition under this chapter then, to the extent that the foreign country judgment grants or denies…

10-1408. STAY OF PROCEEDINGS PENDING APPEAL OF FOREIGN COUNTRY JUDGMENT. If a party establishes that an appeal from a foreign country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign country judgment until the appeal is concluded…

10-1409. STATUTE OF LIMITATIONS. An action to recognize a foreign country judgment must be commenced within the earlier of the time during which the foreign country judgment is effective in the foreign country or fifteen (15) years from the date that the foreign country judgment …

10-1410. UNIFORMITY OF INTERPRETATION. 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.

10-1411. SAVINGS CLAUSE. This chapter does not prevent the recognition under principles of comity or otherwise of a foreign country judgment not within the scope of this chapter.

10-1501. DEFINITIONS. As used in this chapter: (1) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim. (2) "Bank-offered spot rate" means the spot rate of exchange at which a bank will s…

10-1502. SCOPE. (a) This chapter applies only to a foreign-money claim in an action or distribution proceeding. (b) This chapter applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution …

10-1503. VARIATION BY AGREEMENT. (a) The effect of this chapter may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. (b) Parties to a transaction may agree upon the money to be used in a tran…

10-1504. DETERMINING MONEY OF THE CLAIM. (a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. (b) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in ea…

10-1505. DETERMINING AMOUNT OF THE MONEY OF CERTAIN CONTRACT CLAIMS. (a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. (b) If an amount contracted to be pai…

10-1506. ASSERTING AND DEFENDING FOREIGN-MONEY CLAIM. (a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. (b) An opposing party may allege and prove that a claim, in whole o…

10-1507. JUDGMENTS AND AWARDS ON FOREIGN-MONEY CLAIMS -- TIMES OF MONEY CONVERSION -- FORM OF JUDGMENT . (a) Except as provided in subsection (c) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. (b) A judgment or…