§ 718A. Foreign defamation judgments
Oklahoma Statutes AnnotatedTitle 12. Civil Procedure
12 Okl.St.Ann. § 718A
§ 718A. Foreign defamation judgments
A. For the purposes of this section only, a “foreign defamation judgment” shall mean any judgment for a cause of action equivalent or fundamentally similar to an action for libel or slander that is rendered by a court or tribunal outside the United States or its territories or possessions. This section shall not apply to any judgment for defamation, slander or libel rendered by a federal court or a court or tribunal in this or any other state of the United States, an American Indian tribe recognized by the United States, or one of the United States territories or possessions.
C. A foreign defamation judgment shall not be recognized by any court of this state until it is established by a preponderance of the evidence that the defamation, libel or slander law applied in the foreign defamation court's jurisdiction provides the same or higher protection for freedom of speech and press as would be provided under both the United States and Oklahoma Constitutions. If it is determined that the law in the foreign defamation judgment's jurisdiction provides the same or greater protection, then the court may proceed to consider if the judgment shall be recognized as a foreign judgment. If it is determined that the law in the foreign defamation judgment's jurisdiction does not provide the same or greater protection, or if no finding is made on this point, then the court shall not recognize or enforce the foreign defamation judgment and the judgment shall be void.
D. For the purpose of rendering declaratory relief with respect to a person's liability for a foreign defamation judgment and determining whether the foreign defamation judgment should be deemed nonrecognizable, this state's courts have personal jurisdiction over any person who obtains a foreign defamation judgment against any person who:
Credits
Laws 2013, c. 272, § 2, eff. Nov. 1, 2013.
12 Okl. St. Ann. § 718A, OK ST T. 12 § 718A
Current with emergency effective legislation through Chapter 316 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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