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Enforcement cannot be accomplished by means of letters rogatory in the United States. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.
At common law, a foreign judgment may be recognised if: it is a final judgment (although this requirement has been waived in certain limited circumstances); it was granted by a court of competent jurisdiction; and. it is of a nature that the principle of comity requires the Canadian court to enforce.
The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another "foreign" country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.
Establishing Jurisdiction In Beals the Supreme Court confirmed that a foreign judgment against a Canadian defendant is enforceable as long as there is a ?real and substantial connection? between the cause of action and the foreign Court that granted the judgment.
Promptly upon entry of a judgment by confession, the clerk, instead of a summons, shall issue a notice informing the defendant of entry of judgment and of the latest time for filing a motion to open, modify, or vacate the judgment.