Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§4104 Declaratory Judgments

Title 28 › Part VI— PARTICULAR PROCEEDINGS › Chapter 181— FOREIGN JUDGMENTS › § 4104

Last updated Apr 5, 2026|Official source

Summary

A United States person who was given a foreign judgment based on something they wrote, said, or published can go to federal court under section 2201(a) and ask a judge to say the foreign judgment conflicts with the U.S. Constitution or laws. The person bringing the case must prove the judgment would not be enforceable under section 4102(a), (b), or (c). If the case is filed in a U.S. district court, the defendant can be served with legal papers in the district where the case is filed or in any district where the defendant can be found, lives, has an agent, or does 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 5, 2026

Release point: 119-73not60