Title 28, Judiciary and Judicial ProcedureRelease 119-110

§4104 Declaratory Judgments

Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 181 — FOREIGN JUDGMENTS › § 4104

Last updated Sep 22, 2026|Official source

Summary

A U.S. person who is hit with a foreign court judgment because of something they published — a writing, words they said, or other speech — can go to federal district court and ask a judge to say the foreign judgment conflicts with the U.S. Constitution or laws. That means the judgment would not be enforceable under section 4102(a), (b), or (c), and the person bringing the case must prove that. Court papers can be served in the district where the case is filed or in any U.S. district where the defendant is found, lives, has an agent, or does business.

Full Legal Text

Title 28, §4104

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Cause of Action.—

(1)In general.—

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)Burden of establishing unenforceability of judgment.—

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)Nationwide Service of Process.—

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

Sep 22, 2026

Release point: 119-110