RULE 26.1. FOREIGN LAW DETERMINATION
A Unless otherwise permitted by the court, a party who
intends intending to raise an issue
concerning the law of any jurisdiction foreign to this state
shall give notice thereof, reciting
the foreign law, to must provide the court and opposing
counsel all parties written notice at
least ten days prior to the hearing or trial , unless otherwise permitted by the
opposing counsel an opposing party does not reply within five days
after receiving the
notice, the court may determine the foreign law to be as recited in the notice. In
the Issues of foreign law are questions of law, but in deciding
such issues the court may
consider any relevant material or source, including testimony, whether or not submitted
a party or admissible under N.D.R.Crim.P. 26. The court's determination shall be treated as
a ruling on a question of law without regard to the North Dakota Rules of
Rule 26.1 was amended, effective March 1, 2006.
Rule 26.1 is intended to furnish the courts with a uniform and effective procedure
raising or determining an issue concerned with the law of a neighboring
state. The Rule
26.1 is designed to give advance notice to opposing parties, prior to trial, of any reliance
upon the law of another State state, in order to avoid the necessity of
an adjournment while
the opposing attorney is granted time to verify the foreign law. The Rule
26.1 would thus
speed up those criminal cases where the settlement of an issue of foreign law is necessary
for the resolution of the case.
A ten-day requirement for advance notice of foreign law is established and has been
couched in terms which leave the provision for such notice to the discretion of the court. To
achieve this result, the language "unless otherwise permitted by the court" is included.
language provides the court with discretion in shortening the period if advisable or
lengthening it in those situations where the law of a foreign
is difficult to
Rule 26.1 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of January 27-28, 2005, page 22;
24-26, 1973, pages 11-12; October 17-20, 1972, pages 29-30; November 18-20, 1971, pages
10-12 and 18-19; May 6-7, 1971, pages 13-15; Fed.R.Crim.P. 26.1
and Procedure: Criminal, § 431-432 (1969); 8 Moore's Federal Practice, Chapter 26
(Cipes, 2d Ed. 1970); Proposed Idaho Rules of Criminal Procedure. Proposed Rule 26.1,
CONSIDERED: N.D.C.C. §§ 31-09-01, 31-09-02, 31-09-04, 31-09-10, 31-10-02, 31-10-03, 31-10-04, 31-10-05.
CROSS REFERENCE: N.D.R.Civ.P. 44.1 (Determination of Foreign Law).