Rule 44.1.Determining Foreign Law

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 44.1 lets a party raise an issue about a foreign country’s law by giving notice, and allows the court to consider any relevant material or source — whether or not admissible under the evidence rules — treating its determination as a ruling on a question of law.

Full Text of Rule 44.1

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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 Federal Rules of Evidence. The court's determination must be treated as a ruling on a question of law.

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Amendment History

(Adopted February 28, 1966, effective July 1, 1966; amended November 20, 1972, effective July 1, 1975; March 2, 1987, effective August 1, 1987; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Rule 44.1 changed how courts handle foreign law. A party who intends to raise an issue about a foreign country’s law must give notice, by a pleading or other writing, so the issue is not a surprise.

In deciding the issue, the court is not limited to what the parties submit or to ordinary evidence: it may consider any relevant material or source, including testimony, whether or not it would be admissible under the Federal Rules of Evidence. The court’s determination is treated as a ruling on a question of law — made by the judge rather than the jury, and reviewable on appeal as a legal question.

Frequently Asked Questions

How does a court determine foreign law under Rule 44.1?

The party gives notice of the issue, and the court may consider any relevant material or source — even one not admissible under the evidence rules — deciding it as a question of law.

Is a foreign-law determination reviewed as a fact finding or a legal ruling on appeal?

As a legal ruling. Rule 44.1 treats the court's determination of foreign law as a ruling on a question of law, made by the judge rather than the jury, and reviewed accordingly on appeal.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 44.1), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 44.1Fed. R. Civ. P. 44.1determining foreign lawforeign law issue