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 Rule 43. The court's determination must be treated as a ruling on a question of law.
Rule 44.1.Determining Foreign Law
Group VI: Trials · Last amended 2017 · Last verified July 14, 2026
In one sentenceRule 44.1 requires a party who wants to raise a question of foreign law to give notice by a pleading or other writing, and lets the court consider any relevant material or source in determining that law, with the court's determination treated as a ruling on a question of law.
Full Text of Rule 44.1
Comments
2017 Amendments:
Rule 44.1 has been amended consistent with the 2007 stylistic changes to Federal Rule of Civil Procedure 44.1.
Comment:
Identical to Federal Rule of Civil Procedure 44.1 except that it refers to Rule 43 of the Civil Rules of this Court rather than to the Federal Rules of Evidence.
Plain-English Summary
Foreign law does not usually announce itself in a case — a party has to flag it. Rule 44.1 requires a party who intends to raise an issue about a foreign country's law to give notice through a pleading or other writing, so the opposing party and the court know in advance that a foreign-law question is coming rather than discovering it partway through trial.
Once that question is on the table, the rule gives the court wide latitude in figuring out what the foreign law provides. 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 recognizes that proving foreign law is not like proving an ordinary fact — the usual rules of evidence can be too confining when the question is what a foreign legal system requires.
As with the related presumption in Rule 44-I for foreign statute books, Rule 44.1 treats the court's determination of foreign law as a ruling on a question of law rather than a factual finding. That classification keeps the question with the judge and shapes how it can be reviewed later.
Frequently Asked Questions
How do I raise a foreign-law issue in my case?
Rule 44.1 requires giving notice through a pleading or other writing that you intend to raise an issue about a foreign country's law, rather than raising it for the first time at trial without warning.
Is the court limited to the evidence the parties submit when it determines what a foreign law says?
No. Rule 44.1 lets the court consider 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 a foreign country's law means?
No. Rule 44.1 specifies that the court's determination of foreign law is treated as a ruling on a question of law, which places that determination with the judge.
Can I submit expert testimony about what a foreign law provides?
Yes. Rule 44.1 expressly allows the court to consider testimony, along with any other relevant material or source, in determining foreign law.
What happens if I don't give notice that foreign law is at issue?
The rule conditions the foreign-law procedure on giving notice by a pleading or other writing, so failing to raise the issue that way risks the court treating the question as not properly before it.
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as: notice of foreign law issue dc superior courtdetermining foreign law rule 44.1expert testimony on foreign law dcforeign law question of law not factraising foreign country law in pleading