---
kind: "section"
citation: "28 U.S.C. § 4104"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "4104"
heading: "Declaratory judgments"
release: "119-102"
url: "https://uscodex.org/usc/28/4104"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 181 — Foreign Judgments"
---

# §4104. Declaratory judgments

- (a) **Cause of Action.—**
  - (1) **In general.—** Any [United States person](/usc/28/4101.md?p=6) against whom a [foreign judgment](/usc/28/4101.md?p=4) is entered on the basis of the content of any writing, utterance, or other speech by that person that has been published, may bring an action in [district court](/usc/28/451.md), under [section 2201(a)](/usc/28/2201.md?p=a), for a declaration that the [foreign judgment](/usc/28/4101.md?p=4) is repugnant to the Constitution or laws of the United States. For the purposes of this paragraph, a judgment is repugnant to the Constitution or laws of the United States if it would not be enforceable under section [4102(a)](/usc/28/4102.md?p=a), [(b)](/usc/28/4102.md?p=b), or [(c)](/usc/28/4102.md?p=c).
  - (2) **Burden of establishing unenforceability of judgment.—** The party bringing an action under [paragraph (1)](#a-1) shall bear the burden of establishing that the [foreign judgment](/usc/28/4101.md?p=4) would not be enforceable under section [4102(a)](/usc/28/4102.md?p=a), [(b)](/usc/28/4102.md?p=b), or [(c)](/usc/28/4102.md?p=c).
- (b) **Nationwide Service of Process.—** Where an action under this section is brought in a [district court of the United States](/usc/28/451.md), process may be served in the [judicial district](/usc/28/451.md) where the case is brought or any other [judicial district](/usc/28/451.md) of the United States where the defendant may be found, resides, has an agent, or transacts business.

## Source credit

(Added Pub. L. 111–223, § 3(a), Aug. 10, 2010, 124 Stat. 2383.)