Rule 44.1.Determination of foreign law
Current through August 1, 2026 · Last verified September 28, 2026
Full Text of Rule 44.1
Amendment History
This rule’s current text took effect January 1, 1970. It appears on the court’s official rule page but not in its compiled Rules of Trial Procedure booklet; the text above, footnote included, is taken from that page. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 44.1 handles cases that turn on another country’s law. Section (A) starts with notice: a party who intends to raise an issue about the law of a foreign country must say so in its pleadings or in other reasonable written notice.
The rule then frees the judge from the usual limits on proof. In deciding what foreign law says, 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 Rule 43. The answer is a ruling on a question of law, not a finding of fact. The court makes it, not the jury, and it is reviewable.
Section (B) covers a different problem: the law of another jurisdiction, such as another state or a territory, that section (A) does not reach. For judicial notice, proof, and notice of intent to offer evidence of that law, the rule points to the Uniform Judicial Notice of Foreign Law Act, 1937 Indiana Acts, ch. 124. A footnote on the official rule page adds that the Act’s Indiana Code sections, IC 34-3-2-1 to 34-3-2-7, were repealed in 1998, so the cross-reference names a statute no longer on the books.
Frequently Asked Questions
How do I raise an issue of foreign law in an Indiana case?
Give notice in your pleadings or by other reasonable written notice. Rule 44.1(A) requires that notice from any party who intends to raise an issue about the law of a foreign country.
What sources can the court use to decide what foreign law says?
Any relevant material or source, including testimony. The court may use it whether or not a party submitted it and whether or not it would be admissible under Rule 43.
Does a judge or a jury decide foreign law?
The judge. Rule 44.1 says the determination is made by the court and not the jury, and it is treated as a ruling on a question of law.
Can the court’s ruling on foreign law be appealed?
Yes. The rule makes the determination reviewable, and because it is a ruling on a question of law, a reviewing court looks at it as a legal question.
Does Rule 44.1 cover the law of another U.S. state?
Not section (A), which is limited to the law of a foreign country. Section (B) covers the law of other jurisdictions and sends those questions to the Uniform Judicial Notice of Foreign Law Act.
Is the Uniform Judicial Notice of Foreign Law Act still in force?
The official rule page’s footnote says its Indiana Code sections, IC 34-3-2-1 to 34-3-2-7, were repealed in 1998. The rule has not been updated to name a replacement, so check current Indiana law on judicial notice before relying on section (B).