15-16-45. Criteria for recognition of out-of-country foreign judgments.

In deciding whether to enforce and recognize an out-of-country foreign judgment, the court shall consider the following factors when deciding whether to enforce and recognize a out-of-country foreign judgment, to wit:

(1)    The foreign court actually had jurisdiction over both the subject matter and the parties;

(2)    The judgment was not obtained fraudulently;

(3)    The judgment was rendered by a system of law reasonably assuring the requisites of an impartial administration of justice which includes due notice and a hearing;

(4)    The judgment did not contravene the public policy of the jurisdiction in which it is relied upon; and

(5)    The jurisdiction issuing the order or judgment also grants comity to orders and judgments of South Dakota courts.

Source: SL 2013, ch 98, § 2.