A. 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.
§ 8.01-465.13:5.Procedure for recognition of foreign-country judgment.
Chapter 17.2. Uniform Foreign-country Money Judgments Recognition Act · Last amended 2014 · Last verified July 16, 2026
In one sentenceThis section explains that a party can seek recognition of a foreign-country judgment either by filing a stand-alone action for recognition or, if litigation is already pending, by raising recognition through a counterclaim, cross-claim, or affirmative defense.
Full Text of § 8.01-465.13:5
B. 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.
Plain-English Summary
Recognition under Chapter 17.2 is not automatic — someone has to put the question before a court, and this section describes the two ways to do it. If recognition is sought as an original matter, the party raises it by filing an action seeking recognition of the foreign-country judgment.
If a suit is already underway, there is no need to start a separate case. The party may instead raise recognition within that pending action, by counterclaim, cross-claim, or affirmative defense, letting the recognition issue ride along with whatever else the litigation involves.
Either route feeds into the same downstream analysis — the standards of § 8.01-465.13:3 govern whether recognition is warranted, and if the court finds the judgment entitled to recognition, § 8.01-465.13:6 spells out what that recognition means in practice.
Frequently Asked Questions
How can a party seek recognition of a foreign-country judgment as a stand-alone matter?
By filing an action seeking recognition of the foreign-country judgment.
How can recognition be raised within an already-pending action?
By counterclaim, cross-claim, or affirmative defense.
Must a party always file a separate lawsuit to get a foreign-country judgment recognized?
No, if an action is already pending, recognition can be raised there instead of through a new filing.
What happens after a court finds a judgment entitled to recognition through this procedure?
The effects of that recognition are described in § 8.01-465.13:6, which addresses conclusiveness and enforceability.
Does this section set out the standards a court applies to decide whether recognition is warranted?
No, those standards are in § 8.01-465.13:3; this section addresses only how the recognition issue gets before the court.
Amendment History
2014, c. 462.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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