Legal Definitions - judicial comity

Judicial comity is a legal principle where courts in one jurisdiction voluntarily show respect and deference to the laws, court decisions, and governmental acts of another separate jurisdiction. It is not a strict legal obligation, but rather a matter of courtesy, mutual respect, and a desire to promote harmony and efficiency between different legal systems, whether they are different states within a country or different nations.

• Example 1: Recognition of a Foreign Business Judgment

  Imagine a company based in France wins a significant monetary judgment against a debtor in a French court. The debtor, however, has most of their assets located in the United States. When the French company attempts to collect on that judgment by filing a case in a U.S. court, the U.S. court, out of judicial comity, will likely recognize and enforce the French judgment, provided that the French legal process was fair and consistent with basic U.S. legal principles. This demonstrates judicial comity because the U.S. court is respecting and giving effect to the legal decision made by a court in a different sovereign nation.

• Example 2: Interstate Child Custody Orders

  Consider a situation where a couple divorces in Texas, and a Texas court issues a detailed order regarding the custody and visitation schedule for their children. One parent later moves with the children to Florida. If the other parent needs to enforce or modify that custody order, a Florida court would typically recognize the Texas court's original order due to judicial comity. The Florida court would defer to the Texas court's initial decision, rather than starting the custody determination process from scratch, thereby respecting the judicial authority of another state.

• Example 3: Enforcement of a Will Probated in Another State

  Suppose an individual passes away in Arizona, and their will is officially validated (probated) by an Arizona court. This individual also owned a vacation home in Colorado. When the executor of the will seeks to transfer ownership of the Colorado property to the beneficiaries, a Colorado court would, through judicial comity, generally recognize the Arizona probate court's decision regarding the validity of the will. This avoids the need to re-litigate the will's validity in Colorado, showing respect for the judicial proceedings of a sister state.