USA Law and Practice Contributed by: Courtney Scobie, Jack Edwards and Andrea Whitley, Ajamie LLP
State laws may also apply to post-judgment interest in cases filed in state courts; however, in federal court cases, the federal rate typically pre- vails. Federal law sets the post-judgment inter- est rate for federal court judgments and this rate is typically used in federal cases. Nonetheless, the rate may be updated by the US Department of the Treasury. 9.4 Enforcement Mechanisms of a Domestic Judgment Enforcing a domestic judgment in the USA involves various mechanisms, primarily at the state level ‒ given that the enforcement of judg- ments is primarily governed by state law. Some common mechanisms for enforcing a domestic judgment include a writ of execution, garnish- ment of bank accounts or wages, or liens on property. 9.5 Enforcement of a Judgment From a Foreign Country Enforcing a judgment from a foreign country in the USA involves a different process than that for enforcing domestic judgments. The primary mechanism for enforcing foreign judgments in the USA is based on the principles of comity and recognition of foreign judgments. The following is a general overview of the procedure. • File a lawsuit to enforce the foreign judgment – the first step is to file a lawsuit in a US court seeking to enforce the foreign judgment. • Provide the US court with required documen- tation – the next step is to provide the US court with the necessary documents, which typically include a certified copy of the foreign judgment, along with a translation if the judg- ment is not in English. The court may require an affidavit or other supporting documents as well. If the US court determines that the foreign judgment is eligible for enforcement, it
will issue an order recognising and enforcing the foreign judgment in the USA. • Enforcement mechanisms – once the foreign judgment is recognised in the USA, the judg- ment creditor can proceed with enforcement actions, such as obtaining writs of execution, garnishments, or other remedies available under US law to collect the judgment amount. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation The federal court system in the USA provides several levels of appeal or review mechanisms for parties dissatisfied with trial court decisions. These levels of appeal typically include the fol- lowing. • US Courts of Appeals – the first level of appeal in the federal system is the US Courts of Appeals. There are 13 federal circuits, each covering specific geographic regions. The Court of Appeals reviews cases decided in federal district courts within its circuit. • Petition for a writ of certiorari to the US Supreme Court – if a party is not satisfied with the decision of the Court of Appeals, they can seek further review by filing a petition for a writ of certiorari with the US Supreme Court. However, the US Supreme Court has discretion in choosing which cases to hear, and it grants certiorari to a relatively small percentage of cases. The US Supreme Court typically reviews cases that present significant legal questions, conflict between different circuits, or matters of national impor- tance. These levels of appeal are the general rule in most civil cases in the US federal system. Oth-
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