A party who intends to raise an issue concerning the law of another state or of any territory or dependency of the United States or of a foreign country shall give notice by pleadings or other reasonable written notice. The court, in determining such law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Alabama Rules of Evidence. The court's determination shall be treated as a ruling on a question of law.
Rule 44.1.Determination of foreign law.
Last amended January 1, 1996 · Last verified July 6, 2026
In one sentenceRule 44.1 requires a party who wants a court to apply the law of another state, a U.S. territory, or a foreign country to give the other side reasonable written notice, and it treats the court's decision about what that law says as a ruling of law rather than a disputed fact for the jury.
Full Text of Rule 44.1
(dc) District court rule. Rule 44.1 applies in the district courts.
Amendment History
[Amended eff. 10-1-95; Amended eff. 1-1-96.]
Committee Comments
Committee Comments on 1973 Adoption
Foreign law is treated in §§12-21-64 and 12-21-65, Code of Ala. Generally, Alabama has required that foreign law be pleaded and proved as a fact but the ultimate questions raised on the pleading are for the court. See, Smith v. Blinn, 221 Ala. 24, 127 So. 155 (1930). This Rule treats such a question as a ruling on a question of law and does not restrict the Court to an examination of relevant source materials whether or not submitted by a party in its effort to ascertain foreign law. With increased accessibility of foreign legal materials, there does not seem to be justification for treating foreign law any differently from the domestic laws of the state of Alabama. Written or oral expert testimony accompanied by extracts from foreign legal materials probably will continue to be the basic mode of proving foreign law. See 9 Wright & Miller, Federal Practice and Procedure, Civil, § 2444, page 406 (1972). A litigant may also present any other information concerning foreign law that he believes will further his cause, including secondary sources such as texts and learned journals. The trial judge is not limited to an examination of the proffered materials in his effort to arrive at certain conclusions with respect to foreign law.
Committee Comments to October 1, 1995, Amendment to Rule 44.1
The amendment is technical. No substantive change is intended.
Committee Comments to January 1, 1996, Amendment to Rule 44.1
The reference to "Rule 43" in the second sentence of the rule was changed to "the Alabama Rules of Evidence" for the reasons stated in the following committee comment to the 1972 amendment to F.R.Civ.P. 44.1: "Since the purpose of the provision is to free the judge, in determining foreign law, from any restrictions imposed by evidence rules, a general reference to the Rules of Evidence is appropriate and is made."
Plain-English Summary
Most Alabama lawsuits apply Alabama law, but sometimes a case touches another jurisdiction closely enough that its law needs to govern some part of the dispute — think of a contract signed in another state, an accident that happened elsewhere, or a judgment from another country that someone wants enforced. Rule 44.1 handles the practical problem this creates: a judge cannot be expected to know the law of every other jurisdiction, and the other side cannot be expected to defend against a foreign-law argument sprung on them without warning. So the rule requires the party who wants foreign law applied to say so with reasonable written notice, ideally early, such as in the complaint or answer, though the rule allows notice by other means and at other points in the case as long as it is timely enough for everyone to prepare.
Once foreign law is properly raised, Rule 44.1 gives the court wide latitude in figuring out what that law says. The judge can look at almost any relevant material, including expert testimony, legal texts, or other sources, whether or not a party submitted them and whether or not they would normally be admissible evidence at trial. That flexibility exists because pinning down the content of another jurisdiction's law is closer to legal research than fact-finding. Consistent with that, the rule treats the court's conclusion about what the foreign law means as a ruling on a question of law, not a factual finding for the jury to decide, which also shapes how that ruling gets reviewed if the case is appealed.
Frequently Asked Questions
When do I need to give notice under Rule 44.1?
As soon as you know you intend to rely on the law of another state, a U.S. territory, or a foreign country. The safest approach is to include that notice in your complaint or answer, since courts have found notice given on the eve of trial or long after the case began to be unreasonable.
How does a court figure out what a foreign country’s law says?
The court can consider almost any relevant material or source, including expert testimony, legal texts, and other reference materials, regardless of whether a party formally submitted them or whether they would otherwise be admissible evidence.
Is the meaning of foreign law decided by the judge or the jury?
By the judge. Rule 44.1 treats the determination of what another jurisdiction’s law means as a ruling on a question of law, not a factual dispute for the jury to resolve.
What happens if I do not give proper notice that I plan to rely on another state’s law?
Courts have rejected attempts to invoke foreign law when notice came too late for the other side to respond, such as notice given on the day of trial, so failing to give reasonable notice risks losing the ability to rely on that law at all.
Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the
official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 44.1). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: proving foreign lawapplying another state's lawforeign law notice requirementAla. R. Civ. P. 44.1