Description
More about Exequatur
It is called exequatur (or "execuatur") is the procedure of validation and judicial recognition of a judgment issued outside Puerto Rico. It is important to note that this new process is only to validate that such judicial decision outside PR has been made in accordance with the law. In other words, it is not to hear the case again, but only to validate the judgment in PR.
The Constitution of the United States of America ("USA") provides that states and other jurisdictions are obliged to accord full faith and credit to judgments rendered by the courts of other states. However, in order to comply with that mandate, certain requirements must be followed and the exequatur.
Therefore, in order to validate an Order of a US court, it is necessary to resort to exequatur for it to be effective in PR. In this way, it will be possible to comply with the provisions of said Resolution or Judgment. In other words, the validation of the Order of a US court is not automatic but has to be through an additional judicial process (exequatur) with an attorney in PR.
What are the requirements for exequatur?
The attorney to be retained must file with the court in PR one of the following pleadings:
(a) Claim brought against all other persons affected by the judgment of another jurisdiction whose recognition and enforcement is sought.
(b) Application signed by only one party but with all the persons affected by the judgment of another jurisdiction whose recognition and recognition is sought.
What documents need to be submitted to the court?
The complaint or application must be submitted to the court together with the following documents:
(a) Certified copy of the judgment whose recognition and validation is sought.
(b) If the judgment was not originally issued in Spanish or English, then a true and accurate Spanish translation must be submitted.
What is the procedure to follow in Puerto Rico?
The court in Puerto Rico will determine whether the judgment from another jurisdiction meets the following standards:
(a) If it is a US judgment:
(1) which was given by a court having jurisdiction over the person and the matter which is the subject of the judgment;
(2) the issuing court observed due process of law; and,
(3) which has not been obtained by fraud.
(b) In the case of a judgment issued outside the United States, it must also comply with:
(1) that the system under which it was issued is distinguished by its impartiality and by the absence of prejudice against foreigners;
(2) it is not contrary to public policy; and,
(3) is not contrary to basic principles of justice.
How long does the exequatur take?
This process can take 90 days, but can be faster if the client immediately sends us the documents to be requested by the lawyer.
What if I still have questions or doubts?
If even after reading this you still have a doubt or question, you can send us a message through the Contact form.
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