Criteria for recognition of out-of-country foreign judgments

In deciding whether to enforce and recognize an out-of-country foreign judgment, the court shall consider the following factors when deciding whether to enforce and recognize a out-of-country foreign judgment, to wit: (1) The foreign court actually had jurisdiction over both the subject matter and the parties; (2) The judgment was not obtained fraudulently; (3) The judgment was rendered by a system of law reasonably assuring the requisites of an impartial administration of justice which includes due notice and a hearing; (4) The judgment did not contravene the public policy of the jurisdiction in which it is relied upon; and (5) The jurisdiction issuing the order or judgment also grants comity to orders and judgments of South Dakota courts. Source: SL 2013, ch 98 , § 2.