RULE 44.1 DETERMINING FOREIGN LAW

Effective Date: 3/1/2011

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 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.

CROSS REFERENCE: N.D.R.Crim.P. 26.1 (Foreign Law) and N.D.R.Crim.P. 27 (Proof of Official Record); N.D.R.Ev. 201 (Judicial Notice of Adjudicative Facts).

Effective Date Obsolete Date
03/01/2011 View
11/29/1979 03/01/2011 View