A party who intends to raise an issue concerning the law of a foreign country shall give notice in that 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 Maine Rules of Evidence. The court’s determination shall be treated as a ruling on a question of law.
Rule 44A.Determination of Foreign Law
Last amended February 2, 1976 · Last verified July 8, 2026
In one sentenceRule 44A requires a party who wants to raise an issue of foreign law to give notice, and lets the court consider any relevant material or testimony bearing on that law, whether or not a party submitted it or it would otherwise be admissible, treating the court's determination as a ruling on a question of law.
Full Text of Rule 44A
Advisory Committee’s Notes & Reporter’s Notes
Advisory Committee’s Note — February 2, 1976
Rule 44A simply changes “Rule 43” to “the Maine Rules of Evidence.” Since the purpose of the provision is to free the judge, in determining foreign law, from any restrictions imposed by evidence rules a general reference to the Evidence Rules is appropriate.
Explanation of Amendment — November 1, 1966
This rule, new to Maine, was taken from F.R. 44.1, added in 1966. It was designed to furnish a uniform and effective procedure for raising and determining an issue concerning the law of a foreign country. It requires a party who intends to raise a question of foreign law to give reasonable written notice in his pleadings or otherwise. It broadens the methods for ascertainment of foreign law by allowing the court to consider any relevant material, including testimony, whether or not admissible under ordinary rules of evidence. The last sentence in the rule is but a restatement of existing Maine law by reason of Maine’s adoption of the Uniform Judicial Notice of Foreign Law Act. 16 M.R.S.A. § 406. F.R. 44.1 was developed collaboratively by the Commission and Advisory Committee on International Rules of Judicial Procedure, the Columbia Law School Project on International Procedure, and the Federal Advisory Committee on Civil Rules.
Plain-English Summary
A party who intends to raise an issue about the law of a foreign country has to give notice, either in the pleadings or through other reasonable written notice, so the issue doesn't surprise anyone at trial. Once raised, the court isn't confined to the usual rules of evidence in figuring out what that foreign law says: it can consider any relevant material or source, including testimony, whether or not a party submitted it and whether or not it would ordinarily be admissible under the Maine Rules of Evidence.
The court's determination is treated as a ruling on a question of law, decided by the judge rather than found as fact by a jury — a distinction that matters both for how the issue gets resolved at trial and for how it's reviewed on appeal.
Frequently Asked Questions
How does a party raise an issue about foreign law?
By giving notice in the pleadings or through other reasonable written notice.
What evidence 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 otherwise be admissible under the Maine Rules of Evidence.
Is a foreign-law determination a question of fact or law?
A question of law, decided by the court rather than found as fact by the jury.
Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s
Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 44A), prescribed by the
Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: foreign law determination Mainenotice of foreign law issue