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title-10•Title 10 — Issues, Trial and Judgment in Civil Actions
title-10Idaho Code tit. 10Code1 janv. 1929
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
In any civil action for damages, the amount of general damages sued for shall not be disclosed to the jury by court, counsel or any party and it shall be grounds for mistrial for any person to violate the prohibition of this act whether by specific statements or generalized argument. In furtherance of the provisions of this act it is declared that it is the exclusive province of the jury in a civil action for money damages involving allegations of general damages to resolve such issues of fact and it is against the policy of the state of Idaho for the jurors required to make such determinations to be informed of the particulars of allegations of damages in the pleadings on file with the court, by the arguments of counsel or otherwise, the dollar amount appraisal or evaluation of such damages being the exclusive province of the trier of fact; provided, this act shall not be construed to prohibit proof of damages or presentation of arguments which are legally relevant and proper in view of the record and issues before the court in any action for money damages.
[I.C. sec. 10-111, as added by 1976, ch. 275, sec. 1, p. 949.]
If a party die after a verdict or decision upon any issue of fact, and before judgment, the court may nevertheless render judgment thereon. Such judgment is not a lien on the real property of the deceased party, but is payable in the course of administration on his estate.
[(10-1106) C.C.P. 1881, sec. 423; R.S., R.C., & C.L., sec. 4455; C.S., sec. 6900; I.C.A., sec. 7-1106.]
A transcript or abstract of any judgment or decree of any court of this state or any court of the United States the enforcement of which has not been stayed as provided by law, if rendered within this state, certified by the clerk having custody thereof, may be recorded with the recorder of any county of this state, who shall immediately record and docket the same as by law provided, and from the time of such recording, and not before, the judgment so recorded becomes a lien upon all real property of the judgment debtor in the county, not exempt from execution, owned by him at the time or acquired afterwards at any time prior to the expiration of the lien; provided that where a transcript or abstract is recorded of any judgment or decree of divorce or separate maintenance making provision for installment or periodic payment of sums for maintenance of children or alimony or allowance for wife’s support, such judgment or decree shall be a lien only in an amount for payments so provided, delinquent or not made when due. The lien resulting from recording of a judgment other than for support of a child or for restitution owed to a crime victim where the order of restitution has been recorded as a judgment pursuant to section 19-5305, Idaho Code, continues ten (10) years from the date of the judgment, unless the judgment be previously satisfied, or unless the enforcement of the judgment be stayed upon an appeal as provided by law. A lien arising from the delinquency of a payment due under a judgment for support of a child issued by an Idaho court continues until ten (10) years after the death or emancipation of the last child for whom support is owed under the judgment unless the underlying judgment is renewed, is previously satisfied or the enforcement of the judgment is stayed upon an appeal as provided by law. A lien arising from an order for restitution to a crime victim where the order of restitution has been recorded as a judgment pursuant to section 19-5305, Idaho Code, continues until twenty (20) years from the date of the judgment, unless the judgment be previously satisfied, or unless the judgment is stayed or set aside. The transcript or abstract above mentioned shall contain the title of the court and cause and number of action, names of judgment creditors and debtors, time of entry and amount of judgment.
[(10-1110) C.S., sec. 6902B, added 1929, ch. 51, sec. 3, p. 70; I.C.A., sec. 7-1110; am. 1955, ch. 45, sec. 1, p. 63; am. 1963, ch. 209, sec. 1, p. 598; am. 1995, ch. 264, sec. 2, p. 847; am. 1998, ch. 68, sec. 1, p. 261; am. 2011, ch. 104, sec. 2, p. 267; am. 2015, ch. 139, sec. 1, p. 343; am. 2015, ch. 278, sec. 4, p. 1138.]
(1) Unless the judgment has been satisfied, at any time prior to the expiration of the lien created by section 10-1110, Idaho Code, or any renewal thereof, the court that entered the judgment, other than a judgment for child support, may, upon motion, renew such judgment by entry of an order renewing judgment. The order renewing judgment may be recorded in the same manner as the original judgment, and the lien established or continued thereby shall continue for ten (10) years from the date of the order renewing judgment. Entry of an order renewing judgment maintains both the date of the original judgment and the priority of collection thereof, and it begins anew the time limitation for an action upon a judgment set forth in section 5-215, Idaho Code.
(2) Unless the judgment has been satisfied, and prior to the expiration of the lien created in section 10-1110, Idaho Code, or any renewal thereof, a court that has entered a judgment for child support may, upon motion, renew such judgment by entry of an order renewing judgment. The entry of an order renewing judgment shall not affect the manner of enforcement of the original judgment, and the lien established or continued thereby shall continue for ten (10) years from the date of the order renewing judgment. Entry of an order renewing judgment maintains both the date of the original judgment and the priority of collection thereof, and it begins anew the time limitation for an action upon a judgment set forth in section 5-215, Idaho Code.
[10-1111, added 1978, ch. 115, sec. 1, p. 266; am. 1995, ch. 264, sec. 3, p. 847; am. 2011, ch. 104, sec. 3, p. 268; am. 2016, ch. 269, sec. 1, p. 724; am. 2017, ch. 177, sec. 1, p. 407; am. 2018, ch. 284, sec. 1, p. 672.]
As a further procedure for the satisfaction of a judgment, and in addition to the satisfaction of a judgment as provided by law or rule of court, any person, against whom exists a judgment for the payment of money or who is interested in any property upon which any such judgment is a lien, may pay the amount due on such judgment to the clerk of the court in which such judgment was rendered, and such clerk shall thereupon release and satisfy such judgment upon the records of said court and the county in which such judgment was rendered; and if such judgment has been entered in the records or docketed in any other county than the county in which it was rendered, then a certified copy of the release and satisfaction herein provided to be entered may be recorded in such other county, and the clerk of such other county shall thereupon release and satisfy such judgment upon the records of such other county. Unless the clerk of the court in which such judgment was rendered sooner turns over the money paid to him on such judgment to the person determined by such court to be entitled thereto, he shall turn the same over to the county treasurer of his county, who shall give said clerk duplicate receipts therefor; and one of said receipts shall be filed with the papers in the case in which such judgment was rendered, and the other shall be retained by said clerk. Said county treasurer shall at any time pay said money over to the person who shall be determined to be entitled thereto by the order of the court in which such judgment was rendered.
[10-1115, added 1955, ch. 4, sec. 1, p. 6.]
Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment or decree.
[10-1201, added 1933, ch. 70, sec. 1, p. 113.]
Any person interested under a deed, will, written contract or other writings constituting a contract or any oral contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
[10-1202, added 1933, ch. 70, sec. 2, p. 113.]
A contract may be construed either before or after there has been a breach thereof.
[10-1203, added 1933, ch. 70, sec. 3, p. 113.]
Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, a person with a mental disability or insolvent, may have a declaration of rights or legal relations in respect thereto;
(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or other; or
(b) To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
[10-1204, added 1933, ch. 70, sec. 4, p. 113; am. 2010, ch. 235, sec. 4, p. 546.]
The enumeration in Sections 10-1202, 10-1203 and 10-1204, does not limit or restrict the exercise of the general powers conferred in Section 10-1201, in any proceedings where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
[10-1205, added 1933, ch. 70, sec. 5, p. 113.]
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
[10-1206, added 1933, ch. 70, sec. 6, p. 113.]
All orders, judgments and decrees under this Act may be appealed from or reviewed as other orders, judgments and decrees.
[10-1207, added 1933, ch. 70, sec. 7, p. 113.]
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
[10-1208, added 1933, ch. 70, sec. 8, p. 113.]
When a proceeding under this act involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other actions at law or suits in equity in the court in which the proceeding is pending.
[10-1209, added 1933, ch. 70, sec. 9, p. 113.]
In any proceeding under this act the court may make such award of costs as may seem equitable and just.
[10-1210, added 1933, ch. 70, sec. 10, p. 113.]
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served, and be entitled to be heard and may intervene.
[10-1211, added 1933, ch. 70, sec. 11, p. 113; am. 1983, ch. 129, sec. 1, p. 325; am. 1998, ch. 235, sec. 1, p. 792.]
This act is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered.
[10-1212, added 1933, ch. 70, sec. 12, p. 113.]
The word "person" wherever used in this act, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.
[10-1213, added 1933, ch. 70, sec. 13, p. 113.]
The several sections and provisions of this act, except Sections 10-1201 and 10-1202, are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the act invalid or inoperative.
[10-1214, added 1933, ch. 70, sec. 14, p. 113.]
This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees.
[10-1215, added 1933, ch. 70, sec. 15, p. 113; am. 2024, ch. 16, sec. 1, p. 132.]
This act may be cited as the Uniform Declaratory Judgment Act.
[10-1216, added 1933, ch. 70, sec. 16, p. 113.]
The court has the authority through a declaratory judgment to determine that a person who is absent, and who has not been heard from, is legally dead. In making such determination, the court may, at any time, consider all evidence available, and may rule, based on clear and convincing evidence before it, that the person is dead, or that there is insufficient evidence to so rule.
[I.C., sec. 10-1217, as added by 1974, ch. 32, sec. 1, p. 985.]
In this act, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court or an order of an administrative body of any state regarding the support of a child, spouse, or former spouse or the establishment of parentage or paternity that is entitled to full faith and credit in this state.
[I.C., sec. 10-1301, as added by 1974, ch. 64, sec. 1, p. 1142; am. 1994, ch. 237, sec. 4, p. 748; am. 2023, ch. 228, sec. 3, p. 706.]
A copy of any foreign judgment certified in accordance with the act of congress or the statutes of this state may be filed in the office of the clerk of any district court of any county of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner, with the following exceptions:
(1) The terms of a judgment providing for the custody of a minor child may not be modified, vacated, reopened nor stayed unless the court has assumed jurisdiction of the case under the uniform child custody jurisdiction act, chapter 11, title 32, Idaho Code.
(2) The terms of a judgment providing for the support of a minor child may not be modified, vacated, reopened nor stayed unless the court has personal jurisdiction over all the parties; and the registration of a judgment providing for the support of a minor child for the purposes of enforcing that judgment shall not constitute submitting to the personal jurisdiction of the court.
[I.C., sec. 10-1302, as added by 1974, ch. 64, sec. 1, p. 1142; am. 1986, ch. 222, sec. 2, p. 603; am. 1994, ch. 237, sec. 5, p. 748.]
(a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of court an affidavit setting forth the name and last known post-office address of the judgment debtor, and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s lawyer if any in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until five (5) days after the date the judgment is filed.
[I.C., sec. 10-1303, as added by 1974, ch. 64, sec. 1, p. 1142.]
(a) If the judgment debtor shows the district court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or until the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the law of the state in which it was rendered.
(b) If the judgment debtor shows the district court any ground upon which enforcement of a judgment of any district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
[I.C., sec. 10-1304, as added by 1974, ch. 64, sec. 1, p. 1142.]
Any person filing a foreign judgment shall pay to the clerk of the court twenty-seven dollars ($27.00). Seven dollars ($7.00) of such fee shall be paid to the county treasurer for deposit in the district court fund of the county and twenty dollars ($20.00) of such fee shall be paid to the county treasurer who shall, within fifteen (15) days after the end of the month, pay such fees to the state treasurer for deposit into the court technology fund. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments of the district court of this state.
[10-1305, added 1974, ch. 64, sec. 1, p. 1142; am. 1979, ch. 219, sec. 6, p. 614; am. 2014, ch. 190, sec. 4, p. 508; am. 2023, ch. 78, sec. 4, p. 266.]
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this act remains unimpaired.
[I.C., sec. 10-1306, as added by 1974, ch. 64, sec. 1, p. 1142.]
A foreign judgment filed under this act shall not become a lien as provided in section 10-1110, Idaho Code, unless a transcript or abstract thereof, certified by the clerk of the Idaho court in which it has been filed, which certificate shall be made more than five (5) days after the filing of such judgment as provided in section 10-1303, Idaho Code, which judgment has not been stayed as provided by law, has been recorded with the recorder of any county of this state in the manner provided by section 10-1110, Idaho Code, and upon said recording shall be a lien from the date thereof.
[I.C., sec. 10-1306A, as added by 1975, ch. 14, sec. 1, p. 19.]
This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
[I.C., sec. 10-1307, as added by 1974, ch. 64, sec. 1, p. 1142.]
This act may be cited as the "Enforcement of Foreign Judgments Act."
[I.C., sec. 10-1308, as added by 1974, ch. 64, sec. 1, p. 1142.]
(1) No court, agency or tribunal of this state shall recognize, base a ruling on, or enforce an order issued under the law of another country, which order is manifestly incompatible with the public policy of this state.
(2) If an order issued under the law of another country is manifestly incompatible with the public policy of this state, a court may limit the enforcement of the order to the extent necessary to eliminate the conflict with public policy.
(3) No reciprocal agreement shall be entered into by this state with another country if the applicable laws of that country are manifestly incompatible with the public policy of this state.
(4) For purposes of this section:
(a) An order is manifestly incompatible with public policy if that order was issued in violation of the right of due process substantially similar to that guaranteed by the constitutions of the United States and the state of Idaho.
(b) A law of another country is manifestly incompatible with public policy if it fails to grant the parties the right of due process substantially similar to that guaranteed by the constitutions of the United States and the state of Idaho.
[10-1309, added 2015, 1st E.S., ch. 1, sec. 65, p. 32.]
This chapter shall be known and may be cited as the "Uniform Foreign Country Money Judgments Recognition Act."
[10-1401, added 2007, ch. 46, sec. 2, p. 115.]
In this chapter:
(1) "Foreign country" means a government other than:
(a) The United States;
(b) A state, district, commonwealth, territory or insular possession of the United States; or
(c) Any other government with regard to which the decision in this state as to whether to recognize a judgment of that government’s courts is initially subject to determination under the full faith and credit clause of the United States Constitution.
(2) "Foreign country judgment" means a judgment of a court of a foreign country.
[10-1402, added 2007, ch. 46, sec. 2, p. 115.]
(1) Except as otherwise provided in subsection (2) of this section, this chapter applies to a foreign country judgment to the extent that the judgment:
(a) Grants or denies recovery of a sum of money; and
(b) Under the law of the foreign country where rendered, is final, conclusive and enforceable.
(2) This chapter does not apply to a foreign country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(a) A judgment for taxes;
(b) A fine or other penalty; or
(c) A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(3) A party seeking recognition of a foreign country judgment has the burden of establishing that this chapter applies to the foreign country judgment.
[10-1403, added 2007, ch. 46, sec. 2, p. 116.]
(1) Except as otherwise provided in subsections (2) and (3) of this section, a court of this state shall recognize a foreign country judgment to which this chapter applies.
(2) A court of this state may not recognize a foreign country judgment if:
(a) The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(b) The foreign court did not have personal jurisdiction over the defendant; or
(c) The foreign court did not have jurisdiction over the subject matter.
(3) A court of this state need not recognize a foreign country judgment if:
(a) The defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(b) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(c) The judgment or the claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;
(d) The judgment conflicts with another final and conclusive judgment;
(e) The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(f) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(g) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(h) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(4) A party resisting recognition of a foreign country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (2) or (3) of this section exists.
[10-1404, added 2007, ch. 46, sec. 2, p. 116.]
(1) A foreign country judgment may not be refused recognition for lack of personal jurisdiction if:
(a) The defendant was served with process personally in the foreign country;
(b) The defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(c) The defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(d) The defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
(e) The defendant had a business office in the foreign country and the proceeding in the foreign court involved a claim for relief arising out of business done by the defendant through that office in the foreign country; or
(f) The defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a claim for relief arising out of that operation.
(2) The list of bases for personal jurisdiction in subsection (1) of this section is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (1) of this section as sufficient to support a foreign country judgment.
[10-1405, added 2007, ch. 46, sec. 2, p. 117.]
(1) If recognition of a foreign country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign country judgment.
(2) If recognition of a foreign country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
[10-1406, added 2007, ch. 46, sec. 2, p. 117.]
If the court in a proceeding under section 10-1406, Idaho Code, finds that the foreign country judgment is entitled to recognition under this chapter then, to the extent that the foreign country judgment grants or denies recovery of a sum of money, the foreign country judgment is:
(1) Conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
(2) Enforceable in the same manner and to the same extent as a judgment rendered in this state.
[10-1407, added 2007, ch. 46, sec. 2, p. 117.]
If a party establishes that an appeal from a foreign country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
[10-1408, added 2007, ch. 46, sec. 2, p. 117.]
An action to recognize a foreign country judgment must be commenced within the earlier of the time during which the foreign country judgment is effective in the foreign country or fifteen (15) years from the date that the foreign country judgment became effective in the foreign country.
[10-1409, added 2007, ch. 46, sec. 2, p. 118.]
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[10-1410, added 2007, ch. 46, sec. 2, p. 118.]
This chapter does not prevent the recognition under principles of comity or otherwise of a foreign country judgment not within the scope of this chapter.
[10-1411, added 2007, ch. 46, sec. 2, p. 118.]
As used in this chapter:
(1) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
(2) "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
(3) "Conversion date" means the banking day next preceding the date on which money, in accordance with this chapter, is:
(i) Paid to a claimant in an action or distribution proceeding;
(ii) Paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or
(iii) Used to recoup, set-off or counterclaim in different moneys in an action or distribution proceeding.
(4) "Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one (1) or more foreign-money claims is asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust or other fund.
(5) "Foreign money" means money other than money of the United States of America.
(6) "Foreign-money claim" means a claim upon an obligation to pay, or a claim for recovery of a loss, expressed in or measured by a foreign money.
(7) "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by inter-governmental agreement.
(8) "Money of the claim" means the money determined as proper pursuant to section SECTsp1/>10-1504.htm">10-1504, Idaho Code.
(9) "Person" means an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.
(10) "Rate of exchange" means the rate at which money of one (1) country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.
(11) "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding two (2) days.
(12) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
[10-1501, added 2001, ch. 329, sec. 1, p. 1155.]
(a) This chapter applies only to a foreign-money claim in an action or distribution proceeding.
(b) This chapter applies to foreign-money issues even if other law under the conflict of laws rules of this state applies to other issues in the action or distribution proceeding.
[10-1502, added 2001, ch. 329, sec. 1, p. 1156.]
(a) The effect of this chapter may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.
(b) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one (1) aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
[10-1503, added 2001, ch. 329, sec. 1, p. 1156.]
(a) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
(b) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
(1) Regularly used between the parties as a matter of usage or course of dealing;
(2) Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(3) In which the loss was ultimately felt or will be incurred by the party claimant.
[10-1504, added 2001, ch. 329, sec. 1, p. 1156.]
(a) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
(b) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding thirty (30) days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
(c) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor’s obligation to be paid in the debtor’s money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
[10-1505, added 2001, ch. 329, sec. 1, p. 1157.]
(a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
(b) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
(c) A person may assert a defense, set-off, recoupment or counterclaim in any money without regard to the money of other claims.
(d) The determination of the proper money of the claim is a question of law.
[10-1506, added 2001, ch. 329, sec. 1, p. 1157.]
. (a) Except as provided in subsection (c) of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.
(b) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.
(c) Assessed costs must be entered in United States dollars.
(d) Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
(e) A judgment or award made in an action or distribution proceeding on both (i) a defense, set-off, recoupment or counterclaim and (ii) the adverse party’s claim, must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.
(f) A judgment substantially in the following form complies with subsection (a) of this section:
IT IS ADJUDGED AND ORDERED, that Defendant ……. (insert name) ……. pay to Plaintiff ……. (insert name)……. the sum of ……. (insert amount in the foreign money) ……. plus interest on that sum at the rate of ……. (insert rate – see section SECTsp1/>10-1509.htm">10-1509, Idaho Code) ……. percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the ……. (insert name of foreign money) ……. with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of ……. (insert amount) ……. United States dollars.
(g) If a contract claim is of the type covered by section SECTsp1/>10-1505.htm">10-1505(a) or (b), Idaho Code, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
(h) A judgment must be filed with the district court, and recorded with the county recorder, in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.
[10-1507, added 2001, ch. 329, sec. 1, p. 1157.]
The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
[10-1508, added 2001, ch. 329, sec. 1, p. 1158.]
(a) With respect to a foreign-money claim, recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (b) of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state.
(b) The court or arbitrator shall increase or decrease the amount of prejudgment or preaward interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
(c) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.
[10-1509, added 2001, ch. 329, sec. 1, p. 1158.]
(a) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in section 10-1507, Idaho Code, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
(b) A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
(c) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
(d) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.
[10-1510, added 2001, ch. 329, sec. 1, p. 1158.]
(a) Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
(b) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court required undertaking, must be ascertained as provided in subsections (c) and (d) of this section.
(c) A party seeking process, costs, bond or other undertaking under subsection (b) of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court required undertaking.
(d) A party seeking the process, costs, bond or other undertaking under subsection (b) of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
[10-1511, added 2001, ch. 329, sec. 1, p. 1159.]
(a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
(b) If substitution under subsection (a) of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
[10-1512, added 2001, ch. 329, sec. 1, p. 1159.]
Unless displaced by particular provisions of this chapter, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its provisions.
[10-1513, added 2001, ch. 329, sec. 1, p. 1159.]
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[10-1514, added 2001, ch. 329, sec. 1, p. 1160.]
This chapter may be cited as the "Uniform Foreign-Money Claims Act."
[10-1515, added 2001, ch. 329, sec. 1, p. 1160.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
[10-1516, added 2001, ch. 329, sec. 1, p. 1160.]
This chapter applies to actions and distribution proceedings commenced after its effective date.
[10-1517, added 2001, ch. 329, sec. 1, p. 1160.]
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