Rule 308b.Determining the Enforceability of a Judgment or Arbitration Award Based on Foreign Law in Certain Suits Under the Family Code

Rule 308b, added in 2018, governs when a party asks a Texas court to recognize or enforce a judgment or arbitration award based on foreign law in a suit involving a marriage or a parent-child relationship under the Family Code. Foreign law means the law of a jurisdiction outside the states and territories of the United States, and comity is one court's recognition of another jurisdiction's laws and decisions. The rule does not reach actions under the International Child Abduction Remedies Act over Hague Convention rights, and federal or state law prevails over the rule in any conflict.

The rule runs on a tight timetable. The party seeking enforcement must give written notice within 60 days of its original pleading describing the court's authority to enforce the judgment or award. A party opposing enforcement then has 30 days to give written notice explaining its basis and stating whether it claims the judgment or award violates constitutional rights or public policy. Within 75 days of the first notice, the court holds a pretrial conference to set deadlines for submitting materials, translating foreign-language documents, and designating experts.

The decision itself comes from a hearing. At least 30 days before trial the court holds a hearing on the record, and within 15 days it issues a written order with findings of fact and conclusions of law — a deadline the rule says must not be altered absent extraordinary circumstances. The court must make an independent determination even when no party opposes enforcement, and it may enter orders that preserve comity and the freedom to contract for arbitration while guarding against violations of constitutional rights and public policy.