AB 145 — Adopts the Uniform Registration of Canadian Money Judgments Act. (BDR 2-772)

A.B.Assembly Bill No.

145145–Assemblywoman ACohen SSEMBLYJoint BSponsor: ILLN O.

145–ASenator SSEMBLYWOMANOhrenschall CCHAPTER.......... OHEN FEBRUARY 18, 2021 ____________ OINT S PONSOR :

SENATOR OHRENSCHALL ____________ Referred to Committee on Judiciary SUMMARY—Adopts the Uniform Registration of Canadian Money Judgments Act.

(BDR 2-772) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

The Act provides a procedure for Nevada and other states to follow when asked to recognize money judgments from foreign countries and includes various procedural safeguards to ensure that only final judgments that upheld the rights of the parties involved in the action are recognized Nevadain 2007,Nevada. at page 146).820;

(NRS 17.700-17.820;

177, Chapter 60, Statutes of Nevada 2007, at page 146) This bill creates an alternative procedure for the recognition and enforcement of Canadian money judgments in Nevada by adopting the Uniform Registration of Canadian Money Judgments Act.

Section 6 of this bill provides that recognition of a Canadian judgment only applies to final and enforceable judgments to recover money.followed under this bill for a Canadian judgment to be recognized in a Nevadast be court.

SectionsSection 78 and 12 of this bill provideauthorizes enforcement of the specificjudgment proceduresin thatthe mustsame bemanner followedand underto thisthe billsame forextent as a Canadian judgment torendered be recognized in aNevada. Nevada court.

SectionSections 89-11 of this bill authorizes enforcement of the judgment in the same this bill require a person seeking to have a Canadian judgment recognized and of enforced in Nevada to provide to the adverse party notice and an opportunity to petition the court to deny recognition of the Canadian judgment.

Section 13 of this bill provides that in applying and construing the provisions of this bill, consideration must be given to the need to promote uniformity of the law among statesSection 14 of this bill provides that enactthis thebill Uniformapplies Registrationto ofjudgments Canadianentered Moneyin Judgmentsa Act.proceeding that is commenced in Canada on or after October 1, 2021.

-EXPLANATION *AB145* – 2Matter – Section 14 of this bill provides that this bill applies to judgments entered in abolded proceedingitalics that is commencednew; in Canada on or after October 1, 2021.

matter between brackets [omitted material] is material to be omitted.

Sec.- 81st Session (2021) – 2 – its provinces and territories.

4.

“Canada” means the sovereign nation of Canada and its provinces and territories.

A Canadian judgment regarding subject matter both within and not within the scope of sections 2 to 13, inclusive, of this act may be registered under sections 2 to 13, inclusive, of this act, but only to the extent the judgment is with regard to subject matter within the scope of sections 2 to 13, inclusive, of this act.act.ter Sec.

Sec.

(a) A copy of the Canadian judgment authenticated in the same manner as a copy of a foreign judgment is authenticated in - *AB145* – 3 – an action under NRS 17.770 as an accurate copy by the court that entered the judgment;

(c) If the person registering the judgment is not the person in whose favor the judgment was rendered, a statement describingdescribingon in the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement;

(f)- The81st amountSession of(2021) the– judgment3 or– part of the judgment being registered, identifying:

judgment or part of the judgment being (1) The amount of interest accrued as of the date of registration on the judgment or part of the judgment being registered, the rate of interest, the part of the judgment to which interest applies and the date when interest began to accrue;

(1) The judgment is final, conclusive and enforceable under the law of the Canadian jurisdiction in which it waswase rendered;

- *AB145* – 4 – 3.

On receipt of a registration that includes the documents, information and registration fee required by subsection 2, the clerk shall file the registration, assign a docket number and enter thethe4.anA Canadianregistration judgmentsubstantially in the court’sfollowing docket.form complies with the registration requirements under subsection 2 if the registration includes the attachments specified in the form:

4.REGISTRATION OF CANADIAN MONEY JUDGMENT Complete and file this form, together with the documents required by Part V of this form, with the clerk of court.

A registration substantially in the following form complies with the registration requirements under subsection 2 if the registration includes the attachments specified in the form:

9 REGISTRATION OF CANADIAN MONEY JUDGMENT Complete and file this form, together with the documents required by Part V of this form, with the clerk of court.

- 81st Session (2021) – 4 – PART I.

Name of Plaintiff(s):................................................................Defendant(s):................................................................

NameThe ofCanadian Defendant(s):............................................................Court entered the judgment on ................[Date] in ..................[City] in ..................................

The Canadian Court entered the judgment on ...............[Date] in .................[City] in ..................................

If a person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition andAddress enforcement:of Person(s) Registering Judgment: