2023 Rhode Island General Laws › Title 9 - Courts and Civil Procedure – Procedure Generally › Chapter 9-35 - Uniform Registration of Canadian Money Judgments Act › Section 9-35-4. - Registration of Canadian judgment.

§ 9-35-4. Registration of Canadian judgment.
(a)
A person seeking recognition of a Canadian judgment described in § 9-35-3 to enforce the judgment may register the judgment in the office of the clerk of a court in which an action for recognition of the judgment could be filed under § 9-34-6.
(b)
A registration under subsection (a) of this section must be executed by the person registering the judgment or the person’s attorney and include:
(1)
A copy of the Canadian judgment authenticated in the same manner as a copy of a foreign judgment is authenticated in an action under § 9-34-6 as an accurate copy by the court that entered the judgment;
(2)
The name and address of the person registering the judgment;
(3)
If the person registering the judgment is not the person in whose favor the judgment was rendered, a statement describing the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement;
(4)
The name and last-known address of the person against whom the judgment is being registered;
(5)
If the judgment is of the type described in § 9-35-3(b) or (c), a description of the part of the judgment being registered;
(6)
The amount of the judgment or part of the judgment being registered, identifying:
(i)
The amount of interest accrued as of the date of registration on the judgment or part of the judgment being registered, the rate of interest, the part of the judgment to which interest applies, and the date when interest began to accrue;
(ii)
Costs and expenses included in the judgment or part of the judgment being registered, other than an amount awarded for attorneys’ fees; and
(iii)
The amount of an award of attorneys’ fees included in the judgment or part of the judgment being registered;
(7)
The amount, as of the date of registration, of post-judgment costs, expenses, and attorneys’ fees claimed by the person registering the judgment or part of the judgment;
(8)
The amount of the judgment or part of the judgment being registered which has been satisfied as of the date of registration;
(9)
A statement that:
(i)
The judgment is final, conclusive, and enforceable under the law of the Canadian jurisdiction in which it was rendered;
(ii)
The judgment or part of the judgment being registered is within the scope of this chapter; and
(iii)
If a part of the judgment is being registered, the amounts stated in the registration under subsections (b)(6), (b)(7), and (b)(8) of this section relate to the part;
(10)
If the judgment is not in English, a certified translation of the judgment into English; and
(11)
A registration fee of one hundred sixty dollars ($160).
(c)
On receipt of a registration that includes the documents, information, and registration fee required by subsection (b) of this section, the clerk shall file the registration, assign a civil action number, and enter the Canadian judgment in the court’s docket.
(d)
A registration substantially in the following form complies with the registration requirements under subsection (b) of this section if the registration includes the attachments specified in the form:
REGISTRATION OF CANADIAN MONEY JUDGMENT
Complete and file this form, together with the documents required by Part V of this form, with the Clerk of Court. When stating an amount of money, identify the currency in which the amount is stated.
PART I. IDENTIFICATION OF CANADIAN JUDGMENT
Canadian Court Rendering the Judgment: _________________________________________
Case/Docket Number in Canadian Court: _________________________________________
Name of Plaintiff(s): _________________________________________
Name of Defendant(s): _________________________________________
The Canadian Court entered the judgment on ______ [date] in ________ [city] ________ [Province or Territory]. The judgment includes an award for the payment of money in favor of ________ in the amount of ________ . If only part of the Canadian judgment is subject to registration (see § 9-35-3(b) and (c)), describe the part of the judgment being registered:
_________________________________________
PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED
Provide the following information for all persons seeking to register the judgment under this registration and all persons against whom the judgment is being registered under this registration.
Name of Person(s) Registering Judgment: _________________________________________
If a person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement:
_________________________________________
Address of Person(s) Registering Judgment:
_________________________________________
Additional Contact Information for Person(s) Registering Judgment (Optional):
Telephone Number: ______ FAX Number: ______
Email Address: _________________________________________
Name of Attorney for Person(s) Registering Judgment, if any: _________________________________________
_________________________________________
Address: _________________________________________
Telephone Number: ______ FAX Number: ______
Email Address: _________________________________________
Name of Person(s) Against Whom Judgment is Being Registered:
_________________________________________
Address of Person(s) Against Whom Judgment is Being Registered:
_________________________________________
_________________________________________ (provide the most recent address known)
Additional Contact Information for Person(s) Against Whom Judgment is Being Registered (Optional) (provide most recent information known):
Telephone Number: ______ FAX Number: ______
Email Address: _________________________________________
PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS SOUGHT
Identify the currency or currencies in which each amount is stated.
The amount of the Canadian judgment or part of the judgment being registered is: _________________________________________ .
The amount of interest accrued as of the date of registration on the part of the judgment being registered is _________________________________________
The applicable rate of interest is _________________________________________
The date when interest began to accrue is _________________________________________
The part of the judgment to which the interest applies is _________________________________________ .
The Canadian court awarded costs and expenses relating to the part of the judgment being registered in the amount of ________ (exclude any amount included in the award of costs and expenses which represents an award of attorneys’ fees).
The Canadian court awarded attorneys’ fees relating to the part of the judgment being registered in the amount of _________________________________________ .
The person registering the Canadian judgment claims post-judgment costs and expenses in the amount of ________ and post-judgment attorneys’ fees in the amount of ________ relating to the part of the judgment being registered (include only costs, expenses, and attorney’s fees incurred before registration).
The amount of the part of the judgment being registered which has been satisfied as of the date of registration is _________________________________________ .
The total amount for which enforcement of the part of the judgment being registered is sought is _________________________________________ .
PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT
I, _________________________________________ state:
[Person Registering Judgment or Attorney for Person Registering Judgment]
1. The Canadian judgment is final, conclusive, and enforceable under the law of the Canadian jurisdiction in which it was rendered.
2. The Canadian judgment or part of the judgment being registered is within the scope of chapter 35 of title 9 of the Rhode Island General Laws.
3. If only a part of the Canadian judgment is being registered, the amounts stated in Part III of this form relate to that part.
PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION
Attached are (check to signify required items are included):
____ A copy of the Canadian judgment authenticated in the same manner a copy of a foreign judgment is authenticated in an action under § 9-34-6 as an accurate copy by the Canadian court that entered the judgment.
____ If the Canadian judgment is not in English, a certified translation of the judgment into English.
____ A registration fee in the amount of one hundred sixty dollars ($160).
I declare that the information provided on this form is true and correct to the best of my knowledge and belief.
Submitted by:
_________________________________________
Signature of [Person Registering Judgment]
[Attorney for Person Registering Judgment]
[specify whether signer is the person registering the judgment or that person’s attorney]
Date of submission: _________________________________________
History of Section.
P.L. 2021, ch. 134, § 2, effective July 3, 2021; P.L. 2021, ch. 156, § 2, effective July 3, 2021.