Rule 44.1.Determination of Foreign Law.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 44.1
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
A party who intends to raise an issue about the law of a foreign country must give notice, by the pleadings or by other reasonable written notice. Surprise is what the rule is designed to prevent.
In deciding what that foreign law is, the court may 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 rules of evidence. The ordinary evidentiary gatekeeping does not apply.
The determination is treated as a ruling on a question of law, not a finding of fact. That distinction decides how it is reviewed on appeal, and it is the reason the court is free to research the question itself.
Frequently Asked Questions
How do I raise foreign law in a Hawaii family court case?
By giving notice in the pleadings or by other reasonable written notice.
What can the court look at to decide foreign law?
Any relevant material or source, including testimony, whether or not submitted by a party and whether or not admissible under the Hawaii Rules of Evidence.
Is foreign law a question of fact?
No. The court determination is treated as a ruling on a question of law.
Do I need an expert on foreign law?
Not necessarily. The court may consider testimony but is not confined to it and may look at any relevant source.
Does this apply to another state law?
The rule addresses the law of a foreign country. Out-of-state orders are handled through the registration provisions referenced in Rule 3.