Title 25, Title 25

An assignment of or an agreement to assign any right to periodic installments for future damages contained in a judgment entered under this part is enforceable only as to amounts: (1) to secure payment of alimony, maintenance, or child support; or (2) for the costs of products, s…

If the court finds that the insurer that sold the annuity to the judgment debtor has unjustifiably exhibited a continuing pattern of failing to make periodic payments, the court shall find the insurer in contempt of court and order the insurer to pay past-due payments and the jud…

(Temporary) Medical malpractice noneconomic damages limitation. (1) (a) In a malpractice claim or claims against one or more health care providers based on a single incident of malpractice, an award for past and future damages for noneconomic loss may not exceed the applicable no…

(1) A party to an action for a malpractice claim, as defined in 25-9-411, in which $50,000 or more of future damages is awarded may, prior to the entry of judgment, request the court to enter a judgment ordering future damages to be paid in whole or in part by periodic payments r…

This part may be cited as the "Uniform Enforcement of Foreign Judgments Act".

In this part, "foreign judgment" means a judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be filed in the office of the clerk of any district court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of a district …

(1) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's attorney shall file with the clerk of the court an affidavit setting forth the name and last-known post-office address of the judgment debtor and the judgment creditor. The aff…

(1) If the judgment debtor shows a 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 concluded, the time for appeal expires…

(1) Except as provided for in subsection (2), a person filing a foreign judgment shall pay to the clerk of court a fee of $60. (2) Fees for docketing, transcription, or other enforcement proceedings must be as provided for judgments of the district court. (3) Fees collected by th…

The right of a judgment creditor to bring an action to enforce the judgment creditor's judgment instead of proceeding under this part remains unimpaired.

This part must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

This part may be cited as the "Uniform Foreign-Country Money Judgments Recognition Act".

As used in this part, the following definitions apply: (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 deci…

(1) Except as provided in subsection (2), this part 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 rendered, is final, conclusive, and enforceable. (2) This…

(1) Except as provided in subsections (2) and (3), a court of this state shall recognize a foreign-country judgment to which this part applies. (2) A court of this state may not recognize a foreign-country judgment if: (a) the judgment was rendered under a judicial system that do…

(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 for the purpose of protecting prop…

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, the time for appeal expires, or the appellant has had sufficient time t…

This part does not prevent the recognition of a foreign-country judgment in situations not covered by this part.

This part must be construed to effectuate the general purpose to make uniform the law of those states that enact it.

(1) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition must be raised by filing an action seeking recognition of the foreign-country judgment. (2) If recognition of a foreign-country judgment is sought in a pending action, the i…

If the court in a proceeding under 25-9-610 finds that the foreign-country judgment is entitled to recognition under this part then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (1) conclusive betwee…

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 10 years from the date that the foreign-country judgment became effective in the foreign country.

This part may be cited as the "Uniform Foreign-Money Claims Act".

In this part, the following definitions apply: (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…

(1) This part applies only to a foreign-money claim in an action or distribution proceeding. (2) This part 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 proceeding.

(1) The effect of this part may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. (2) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-mon…

(1) 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. (2) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:…

(1) 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. (2) If an amount contracted to be paid in a foreign money is to be measured by a different money at the ra…

(1) 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. (2) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted …

(1) Except as provided in subsection (3), a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. (2) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United…

The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named fore…

(1) Except as provided in subsection (2), recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, with respect to a foreign-money claim, are matters of the substantive law governing the right to recovery under …

(1) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in 25-9-708, whether or not the foreign judgment confers an optio…

(1) Computations under this section are for the limited purposes of this section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment. (2) For the limited purpose of facilitating the enforcement of provisiona…

(1) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversi…

Unless displaced by particular provisions of this part, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating …

This part must be applied and construed to effectuate the general purpose to make uniform the law with respect to the subject of this part among states enacting it.

Costs are allowed, of course, to the plaintiff upon a judgment in the plaintiff's favor in the following cases: (1) in an action for the recovery of real property or damages to real property; (2) in an action to recover the possession of personal property when the value of the pr…

Costs must be allowed, of course, to the defendant upon a judgment in the defendant's favor in the actions mentioned in 25-10-101.

Unless otherwise provided, in actions other than those mentioned in 25-10-101, costs may be allowed or not and, if allowed, may be apportioned between the parties on the same or adverse sides, in the discretion of the court, but no costs can be allowed in an action for the recove…

(1) In the following cases, the costs of appeal are in the discretion of the court: (a) when a new trial is ordered; (b) when a judgment is modified. (2) In all other cases, the successful party shall recover from the other party the successful party's costs.

When the decision of a court of limited jurisdiction in a special proceeding is brought before a court of higher jurisdiction for a review in any other way than by appeal, the same costs must be allowed as in cases on appeal and may be collected by execution or in such manner as …

When there are several defendants in the actions mentioned in 25-10-101, not united in interest and making separate defenses by separate answers, and plaintiff fails to recover judgment against all, the court must award costs to such of the defendants as have judgment in their fa…

When, in an action for the recovery of money only, the defendant alleges in the answer that before the commencement of the action the defendant tendered to the plaintiff the full amount to which the plaintiff was entitled and deposits in court for the plaintiff the amount tendere…

In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or person expressly authorized by statute, costs may be recovered as in an action by and against a person prosecuting or defending in the person's own right. However, the costs must, b…