A party who intends to raise an issue concerning the law of a foreign country shall give notice in the party’s 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 the Delaware 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
Part VI: Trials · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 44.1 requires notice, through the pleadings or otherwise, from a party who wants to raise a foreign-law issue, lets the Court consider any relevant material or source, including testimony a party never submitted or that wouldn't otherwise be admissible, and treats the Court's determination as a ruling on law.
Full Text of Rule 44.1
Amendment History
Added, effective Jan. 1, 1967; amended, effective Jan. 1, 1991.
Plain-English Summary
Rule 44.1 opens with a notice requirement: a party who intends to raise an issue about the law of a foreign country has to say so, either in that party's pleadings or through other reasonable written notice. That gives the opposing party and the Court fair warning that foreign law, instead of Delaware or federal law, may govern some part of the case.
Once foreign law is in play, the Court isn't limited to what the parties submit or to material that would ordinarily be admissible in evidence. The rule lets the Court consider any relevant material or source, including testimony, whether or not a party offered it and whether or not it would be admissible under the Delaware Rules of Evidence.
Rule 44.1 closes with a classification that matters for appeal: whatever the Court decides about the content of foreign law is treated as a ruling on a question of law, not a finding of fact.
Frequently Asked Questions
How do I tell the Court and the other side that foreign law applies to my case?
Rule 44.1 requires notice given in your pleadings or through other reasonable written notice that you intend to raise an issue concerning the law of a foreign country.
Is the Court limited to evidence the parties submit when it decides what 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 the Delaware Rules of Evidence.
Is a determination of foreign law treated as a factual finding or a legal ruling?
Rule 44.1 treats the Court's determination of foreign law as a ruling on a question of law.
Do I need to file a separate motion to raise a foreign-law issue?
The rule doesn't require a separate motion. Notice in the pleadings, or other reasonable written notice, satisfies Rule 44.1.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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