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 Rule 43. The court's determination shall be treated as a ruling on a question of law.
Rule 44.1.Determination of Foreign Law
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 44.1 requires written notice before a party relies on foreign law, lets the court consider any relevant material to determine what that law says, and treats the court's determination as a ruling of law rather than a jury question.
Full Text of Rule 44.1
Amendment History
The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.
Plain-English Summary
Rule 44.1 covers what happens when a Colorado civil case turns on the law of another country. A party who intends to raise a foreign-law issue has to give notice, either in the pleadings or through some other reasonable written notice, early enough that the other side and the court can prepare.
Once the issue is raised, the court is not confined to whatever evidence the parties happen to offer. It may consider any relevant material or source, including testimony, whether or not a party submitted it and whether or not it would otherwise be admissible under Rule 43. That flexibility lets the court research foreign law much the way it would research Colorado law.
Because the rule treats the court's determination of foreign law as a ruling on a question of law, the judge, not the jury, decides what the foreign law says.
Frequently Asked Questions
How does a party raise an issue about foreign law?
By giving notice in the pleadings or through other reasonable written notice that the party intends to rely on the law of a foreign country.
What can the court look at to determine foreign law?
Any relevant material or source, including testimony, whether or not a party submitted it and whether or not it would be admissible under Rule 43.
Does a jury decide what foreign law means?
No. The court's determination of foreign law is treated as a ruling on a question of law, which is a decision for the judge.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 44.1). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
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