Supreme Court Rules - Rule 74 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Judgments Orders and Proceedings Thereon: Uniform Enforcement of Foreign Judgments

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Supreme Court Rules

		Section/Rule:	74.14
Subject:	Rule 74 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Judgments Orders and Proceedings Thereon	Publication / Adopted Date:	May 22, 1987
Topic:	Uniform Enforcement of Foreign Judgments	Revised / Effective Date:	January 1, 2023

74.14. Uniform Enforcement of Foreign Judgments

(a) Definition. In this Rule 74.14 "foreign judgment" means any judgment, decree or order of a court of the United States or of any other court that is entitled to full faith and credit in this state.

(b) Filing and Status of Foreign Judgments. A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner.

(c) Notice of Filing.

(1) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk an affidavit setting forth the name and last known post office address of the judgment debtor and the judgment creditor.

(2) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

(d) Stay.

(1) If the judgment debtor shows the circuit 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, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was entered.

(2) If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period upon requiring the same security for satisfaction of the judgment that is required in this state.

(e) Optional Procedure. The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this Rule 74.14 remains unimpaired.

(f) Uniformity of Interpretation. This Rule 74.14 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that adopt the "Uniform Enforcement of Foreign Judgments Law."

(Adopted May 22, 1987, eff. Jan. 1, 1988; Mar. 1, 2022, eff. Jan. 1, 2023.)