DETERMINATION OF DETERMINING FOREIGN
LAW A party who intends to raise an issue concerning the law of
a foreign country shall give
notice in his pleadings or other reasonable written notice. The court, in determining foreign
law, may consider any relevant material or source, including testimony, whether or not
submitted by a party or admissible under the North Dakota Rules of Evidence. The court's
determination shall be treated as a ruling on a question of law.
A party who intends to raise an issue about a foreign country's law must give notice by a pleading or other writing. In determining foreign law, the court may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Rules of Evidence. The court's determination must be treated as a ruling on a question of law.
Rule 44.1 was amended, effective March 1, 2011.
Rule 44.1 is
identical to Rule 44.1, FRCivP, except for the reference to the North Dakota
Rules of Evidence derived from Fed.R.Civ.P. 44.1.
Rule 44.1 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil 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 September 24-25, 2009, page 14;
November 29-30, 1979, page 11; April 26-27, 1979, page 18;
Fed.R.Civ.P. 44.1 ,
Rules N.D.R.Crim.P. 26.1 (Foreign Law) and
N.D.R.Crim.P. 27 (Proof
of Official Record) , N.D.R.Crim.P.; Rule
N.D.R.Ev. 201 (Judicial Notice of Adjudicative
Facts) , N.D.R.Ev.