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Session Laws, 1973, Special Session
Volume 710, Page 323   View pdf image
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MARVIN MANDEL, Governor                                      323

(A)    THE FOREIGN JUDGMENT MAY NOT BE REFUSED
RECOGNITION FOR LACK OF PERSONAL JURISDICTION IF:

(1)   THE DEFENDANT WAS SERVED PERSONALLY IN
THE FOREIGN STATE;

(2)    THE DEFENDANT VOLUNTARILY APPEARED IN
THE PROCEEDINGS, OTHER THAN FOR THE PURPOSE OF
PROTECTING PROPERTY SEIZED OR THREATENED WITH SEIZURE
IN THE PROCEEDINGS OR OF CONTESTING THE JURISDICTION
OF THE COURT OVER HIM;

(3)    THE DEFENDANT PRIOR TO THE COMMENCEMENT
OF THE PROCEEDINGS HAD AGREED TO SUBMIT TO THE
JURISDICTION OF THE FOREIGN COURT WITH RESPECT TO THE
SUBJECT MATTER INVOLVED;

(4)    THE DEFENDANT WAS DOMICILED IN THE
FOREIGN STATE WHEN THE PROCEEDINGS WERE INSTITUTED,
OR, BEING A BODY CORPORATE HAS ITS PRINCIPAL PLACE OF
BUSINESS, WAS INCORPORATED, OR HAD OTHERWISE ACQUIRED
CORPORATE STATUS, IN THE FOREIGN STATE;

(5)   THE DEFENDANT HAD A BUSINESS OFFICE IN
THE FOREIGN STATE AND THE PROCEEDINGS IN THE FOREIGN
COURT INVOLVED A CAUSE OF ACTION ARISING OUT OF
BUSINESS DONE BY THE DEFENDANT THROUGH THAT OFFICE IN
THE FOREIGN STATE; OR

(6)   THE DEFENDANT OPERATED A MOTOR VEHICLE
OR AIRPLANE IN THE FOREIGN STATE AND THE PROCEEDINGS
INVOLVED A CAUSE OF ACTION ARISING OUT OF SUCH
OPERATION.

(B)    THE COURT MAY RECOGNIZE OTHER BASES OF
JURISDICTION.

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

SEC. 10-706. STAY PENDING APPEAL.

IF THE DEFENDANT SATISFIES THE COURT EITHER THAT
AN APPEAL IS PENDING OR THAT HE IS ENTITLED AND
INTENDS TO APPEAL FROM THE FOREIGN JUDGMENT, THE COURT
MAY STAY THE PROCEEDINGS UNTIL THE APPEAL HAS BEEN
DETERMINED OR UNTIL THE EXPIRATION OF A PERIOD OF TIME
SUFFICIENT TO ENABLE THE DEFENDANT TO PROSECUTE THE
APPEAL.

 

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Session Laws, 1973, Special Session
Volume 710, Page 323   View pdf image
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