Rule 44.1.Determination of foreign law
Ch. VI: Trials · Last amended 1996 · Current through June 1, 2026 · Last verified September 9, 2026
Full Text of Rule 44.1
Amendment History
Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.
[Amended effective September 3, 1996.]
Plain-English Summary
A single provision with two working parts.
Notice. A party who intends to raise an issue about the law of a foreign country gives notice in the pleadings or by other reasonable written notice. Foreign law is the kind of issue nobody can meet on their feet, and the rule makes sure nobody has to.
How it is decided. The court may consider any relevant material or source, including testimony, whether or not submitted by a party and whether or not admissible under the rules of evidence. The determination is treated as a ruling on a question of law — not a finding of fact.
That classification is the point of the rule. Facts are proved by admissible evidence and reviewed for clear error; law is researched and reviewed afresh. Treating foreign law as law lets a judge read a treatise, and lets an appellate court disagree without deference.
In a court that decides custody across borders and enforces support orders made elsewhere, that is not an academic distinction.
Frequently Asked Questions
Do I have to warn the court that foreign law applies?
Yes. A party intending to raise an issue concerning the law of a foreign country gives notice in the pleadings or by other reasonable written notice.
How does the court decide foreign law?
It may consider any relevant material or source, including testimony, whether or not submitted by a party and whether or not admissible under the rules of evidence. The determination is treated as a ruling on a question of law.