VALIDATING AND RECOGNIZING A SENTENCE FROM ANOTHER COUNTRY (OR STATE)

Many arrive at our offices with Sentences or Orders issued by courts from a foreign country, or even from a different state in the United States of America, which has been refused by some agency, department, or even our local courts. This issue is very common, especially in the case of divorces, when the parties entered into their marriage in Puerto Rico, but obtained their divorce in another jurisdiction. The solution to this situation is a process called an Exequatur, a complicated name that will resolve this situation.

This blog is focused on the requirements and procedures to conduct an Exequatur in order to validate and have recognized a sentence, or order, issued by a foreign country or another state.

What is an Exequatur?

In Puerto Rico the pertinent source for an Exequatur if found in Rule 55 of the Rules of Civil Procedure. The same states “It is called and Exequatur the process of validating and judicially recognizing a sentence from another jurisdiction by the courts of the place where it is pretended to be executed. It can be done through an ex parte or ordinary process.”

From said definition we can appreciate that this is the process that must be performed so that a sentence granted outside of Puerto Rico can be executed here. When the rule states that the process can be done ex parte, it means that everyone affected can jointly submit a petition. However, if one of the parties does not want to participate, or their whereabouts are unknow, then the process has to be an ordinary lawsuit.

The Process

If the procedure to be implemented is an ex parte one, the petition has to be submitted under oath by all parties, while if it is an ordinary lawsuit, strict compliance of serving process of the suit must be observed, as required under the Rules of Civil Procedure.

Regardless of whether a petition or regular suit is filed, the document must be accompanied by a certified copy of the sentence, or order, that needs to be validated. If the same is in a language other than Spanish or English, a true and faithful translation must accompany the document.

The petition or regular suit must be notified to the prosecutor/solicitor in the following circumstances:

· The Family Solicitor if the interest of a minor or incapacitated person would be affected.

· The prosecutor’s office if the document, once validated, is to be presented in the Property Registrar’s Office.

· The Attorney General’s office if the matter is one considered of “maximum public interest.”

It must be noted that the exequatur process is not another trial over the matter that has already been disposed of through the sentence to be validated. That is why, the rule itself limits the focus of the court to the following:

(a) If the sentence was issued by a state of the United States of its territories:

(1) that it was granted by a court with jurisdiction over the person and matter which are the object of the sentence;

(2) that the court that granted it observed the due process under the law, and

(3) that it was not obtained through fraud.

(b) If the sentence was issued by another jurisdiction other than a state of the United States of its territories:

(1) that it was granted by a court with jurisdiction over the person and matter which are the object of the sentence;

(2) that it was granted by a competent court;

(3) that the court that granted it has observed the basic principles of due process under the law;

(4) that the system under it was granted is distinguished by its impartiality and absence of prejudice against foreigners;

(5) it’s not contrary to public order;

(6) it is not contrary to the basic principles of justice, and

(7) has not been obtained through fraud.

Even though these processes could be carried by the court through documental evidence, the reality is that the court will celebrate a hearing where the parties will have the opportunity to be heard. However, as already expressed, the matters resolved by the sentence will not be relitigated, for which the testimony given should be limited to the norms shown above to ensure the sentence (or order) comply with the same.

Si el tribunal se convence de que la sentencia que se quiere validar cumple con las normas señaladas, la misma será convalidada y será ejecutable en Puerto Rico conforme al proceso de ejecución de sentencias emitidas aquí.

If the court is convinced that the sentence to be validated complies with the expressed norms, the same will be validated and will be executable in Puerto Rico according to the execution process of sentences here.

DIVORCE IN ANOTHER JURISDICTION (An Example)

The most common situation that we face within the scope of this article is of persons who got married in Puerto Rico, and later one or both divorce in another jurisdiction. The problem they face is that in Puerto Rico there is still a valid marriage certificate in the Demographics Registry that shows the parties are still married. The sentence issued by the other jurisdiction, by itself, cannot be presented to the registry to record the divorce on the certificate of marriage without it being submitted to an Exequatur.

In practical terms, usually persons decide to divorce in other jurisdictions either for the lower cost of the process or because of the process in that jurisdiction is more expedited. However, the process of an Exequatur is much more time consuming, and the costs are significantly higher, due to the complexity of it. For which, before deciding to obtain a divorce in a different jurisdiction from the one you entered into the marriage, you should seek legal advice in both places.

In this article we have strived to explain the process that has to be conducted to have a sentenced obtained outside of the jurisdiction of Puerto Rico validated and recognized so that it is executable here on the island. It is not recommendable that this process, due to its complexities, be attempted on your own, that is to say “pro se”. As always, it is important to consider consulting your particular matter with your attorney of trust.

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