RULE 44.1 DETERMINATION OF FOREIGN LAW

Effective Date: 11/29/1979

Obsolete Date: 3/1/2011

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.

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