25-9-806. Burden of proof -- financial liabilities. (1) A person seeking recognition of a foreign judgment pursuant to part 6 bears the burden of proving that:
     (a) the judgment was rendered under a system that provides impartial tribunals or procedures that are compatible with the requirements of due process of law;
     (b) the foreign court had personal jurisdiction over the customer when the judgment was rendered; and
     (c) the foreign court had jurisdiction over the subject matter.
     (2) The customer or the foreign capital depository acting on behalf of a customer bears the burden of proving that any one of the grounds for nonrecognition provided for in 25-9-605(2) exist.
     (3) If the court finds that the person seeking recognition of the foreign judgment has failed to prove the judgment valid in accordance with subsection (1) or if the customer or the depository succeeds pursuant to subsection (2), the court may not recognize the foreign judgment.
     (4) If the person seeking recognition of a judgment under part 6 is unsuccessful in obtaining recognition of the judgment, that person shall pay the court costs and attorney fees for the parties opposing recognition or, if the customer has waived the depository's obligation provided for in 25-9-803, for the customer.

     History: En. Sec. 52, Ch. 382, L. 1997.