(a) Notice. A party who intends to raise an issue concerning the law of any jurisdiction or governmental unit thereof outside this State shall give notice in his pleading or other reasonable written notice.
Rule 44.1.Determination of Foreign Law
Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 44.1 tells parties how to raise an issue of another jurisdiction's law and confirms that the court, not the jury, decides what that law is, drawing on any relevant material regardless of the ordinary rules of evidence.
Full Text of Rule 44.1
(b) Materials to Be Considered. In determining the law of any jurisdiction or governmental unit thereof outside this State, 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.
(c) Court Decision and Review. The court, not the jury, shall determine the law of any jurisdiction or governmental unit thereof outside this State. Its determination is subject to review on appeal as a question of law.
Reporter's Notes
Reporter’s Notes to Rule 44.1: 1. Rule 44.1 is identical to superseded Ark. Stat. Ann. § 27- 2504 (Supp. 1975) and therefore works no changes in Arkansas practice. This rule is substantially the same as FRCP 44.1, but the wording is changed to adapt the rule to state practice. Whereas the Federal Rule is concerned only with the determination of the law of a foreign country, this rule applies to the law of any governmental unit outside the State of Arkansas.
Plain-English Summary
Rule 44.1 covers the mechanics of proving what another jurisdiction's law says — a question that comes up whenever a contract, an accident, or a transaction touches more than one state or country. A party who intends to rely on the law of somewhere outside Arkansas has to flag it, either in a pleading or through other reasonably written notice, so the opposing side and the court have a chance to prepare rather than learning about the issue for the first time at trial.
Once the issue is raised, the court can look at anything relevant to figuring out what that outside law says, including testimony, and none of it has to come from a party or satisfy the ordinary rules of evidence. That flexibility reflects the underlying idea of the rule: determining foreign law is treated as a research task for the court, not a factual dispute to be proven up like any other issue in the case.
The rule also settles who makes the call and how it's reviewed. The judge, not the jury, decides what the outside law provides, and that determination is reviewed on appeal the way any legal ruling is — as a question of law, not as a factual finding entitled to deference.
Frequently Asked Questions
How do you tell the court and the other side that another state's or country's law applies?
By giving notice — in a pleading or through other reasonably written notice — that you intend to raise an issue about the law of a jurisdiction outside Arkansas.
Does the jury decide what another jurisdiction's law says?
No. Subsection (c) makes that determination the court's job, not the jury's.
What kind of material can the court use to figure out foreign law?
Subsection (b) allows the court to consider any relevant material or source, including testimony, whether or not a party submitted it and whether or not it would be admissible under the ordinary rules of evidence.
How does an appellate court review a trial judge's ruling on foreign law?
As a question of law. Because the determination is legal rather than factual, the appellate court reviews it independently rather than deferring to the trial court's finding.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as: determination of foreign lawproving law of another statechoice of law procedure ArkansasArk R Civ P 44.1