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Session Laws, 1973, Special Session
Volume 710, Page 322   View pdf image
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322                                             LAWS OF MARYLAND                                 [Ch. 2

FULL FAITH AND CREDIT.

REVISOR'S NOTE: This section presently appears as
Art. 35, §53C. The only changes made are the
references to sections.

SEC. 10-704. GROUNDS FOR NON-RECOGNITION.

(A)   A FOREIGN JUDGMENT IS NOT CONCLUSIVE IF:

(1)   THE JUDGMENT WAS RENDERED UNDER A SYSTEM
WHICH DOES NOT PROVIDE IMPARTIAL TRIBUNALS OR
PROCEDURES COMPATIBLE WITH THE REQUIREMENTS OF DUE
PROCESS OF LAW;

(2)    THE FOREIGN COURT DID NOT HAVE PERSONAL
JURISDICTION OVER THE DEFENDANT;

(3)    THE FOREIGN COURT DID NOT HAVE
JURISDICTION OVER THE SUBJECT MATTER; OR

(4)   THE JUDGMENT WAS OBTAINED BY FRAUD.

(B)   A FOREIGN JUDGMENT NEED NOT BE RECOGNIZED IF:

(1)    THE DEFENDANT IN THE PROCEEDINGS IN   THE
FOREIGN COURT DID NOT RECEIVE NOTICE OF        THE
PROCEEDINGS IN SUFFICIENT TIME TO ENABLE HIM     TO
DEFEND;

(2)    THE CAUSE OF ACTION ON WHICH THE
JUDGMENT IS BASED IS REPUGNANT TO THE PUBLIC POLICY OF
THE STATE;

(3)    THE JUDGMENT CONFLICTS WITH ANOTHER
FINAL AND CONCLUSIVE JUDGMENT;

(4)   THE PROCEEDING IN THE FOREIGN COURT WAS
CONTRARY TO AN AGREEMENT BETWEEN THE PARTIES UNDER
WHICH THE DISPUTE WAS TO BE SETTLED OUT OF COURT; OR

(5)   IN THE CASE OF JURISDICTION BASED ONLY
ON PERSONAL SERVICE, THE FOREIGN COURT WAS A SERIOUSLY
INCONVENIENT FORUM FOR THE TRIAL OF THE ACTION.

REVISOR'S NOTE: This section presently appears as
Art. 35, §53D. The only changes made are in
style.

SEC. 10-705- PERSONAL JURISDICTION.

 

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Session Laws, 1973, Special Session
Volume 710, Page 322   View pdf image
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