Rule 44.1.Determination of Foreign Law.

Last amended January 1, 2000 · Last verified July 3, 2026

In one sentenceRule 44.1 lets a party raise a question of foreign law by giving reasonable written notice, and treats the court's ruling on that law as a question of law rather than fact.

Full Text of Rule 44.1

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A party who intends to raise an issue concerning the law of a foreign country shall give notice by 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 Hawai‘i Rules of Evidence. The court's determination shall be treated as a ruling on a question of law.

Amendment History

Added May 15, 1972, effective July 1, 1972

amended July 26, 1990, effective September 1, 1990

further amended December 7, 1999, effective January 1, 2000

Plain-English Summary

A party who wants to raise an issue about the law of a foreign country must give notice through the pleadings or some other reasonable written notice, rather than proving it up like a fact at trial. In figuring out what the foreign law says, the court can consider any relevant material or source it finds useful, including testimony, whether or not a party submitted it or it would otherwise be admissible under the Hawai'i Rules of Evidence.

Whatever the court decides about the foreign law is treated as a ruling on a question of law, not a factual finding, which matters for how the determination gets reviewed on appeal.

Frequently Asked Questions

How does a party raise an issue of foreign law?

By giving notice through the pleadings or other reasonable written notice, rather than waiting to prove it as a fact at trial.

What can the court consider in determining foreign law?

Any relevant material or source, including testimony, whether or not a party submitted it or it would ordinarily be admissible under the Hawai'i Rules of Evidence.

Is a ruling on foreign law treated as a finding of fact?

No. Rule 44.1 treats the court's determination of foreign law as a ruling on a question of law.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 44.1). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: determination of foreign lawproving foreign law