Tex.
Gov't Code Section 4008.004
Stay of Recognition or Enforcement of Foreign-country Judgment
(a)
Before a court’s recognition or enforcement of a foreign-country judgment under Chapter 36A (Enforcement of Judgments of Other Countries), Civil Practice and Remedies Code, or otherwise, a party against whom recognition or enforcement of the foreign-country judgment is sought is entitled to de novo review by a court in this state to determine whether a party, or the party’s successors, assigns, agents, or representatives seeking recognition or enforcement of the foreign-country judgment have violated this title or Chapter 17 (Deceptive Trade Practices), Business & Commerce Code.(b)
A party seeking de novo review under this section must file with the court a verified pleading asserting a violation of this title or Chapter 17 (Deceptive Trade Practices), Business & Commerce Code, not later than the 30th day after the date of service of the notice of filing of the foreign-country judgment with the court for recognition or enforcement.(c)
A pleading filed in accordance with Subsection (b) operates as a stay of the commencement or continuation of a proceeding to recognize or enforce the foreign-country judgment until the court completes its de novo review under this section and renders a final judgment.(d)
A finding by a court of a violation of this title or Chapter 17 (Deceptive Trade Practices), Business & Commerce Code, is a sufficient ground for nonrecognition of a foreign-country judgment.(e)
This section applies to a foreign-country judgment involving a contract or agreement for a sale, offer for sale, or sell as defined by this title, or investment, that imposes an obligation of indemnification or liquidated damages on a resident of this state.
Source:
Section 4008.004 — Stay of Recognition or Enforcement of Foreign-country Judgment, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.4008.htm#4008.004 (accessed Jun. 5, 2024).
