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Rule 44.1.Determining Foreign Law

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 44.1 provides that a party raising an issue of foreign-country law must give notice, that the court may consider any relevant source in determining that law, and that the court's determination is treated as a ruling on a question of law.

Full Text of Rule 44.1

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A party who intends to raise an issue about a foreign country’s law must give notice by a pleading or other writing. In determining foreign law, the court may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence. The court’s determination must be treated as a ruling on a question of law.
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Plain-English Summary

When a case turns on the law of a foreign country, Rule 44.1 sets a flexible procedure. A party who intends to raise such an issue must give notice by a pleading or other writing. In determining the foreign law, 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 as evidence. The court's determination is treated as a ruling on a question of law (decided by the judge), not a question of fact for the jury.

Frequently Asked Questions

How does a court decide foreign law?

The party raising it must give notice, and the court may then consider any relevant material or source, including testimony, regardless of admissibility. The court's determination is treated as a ruling on a question of law.

How must a party give notice of a foreign-law issue?

By a pleading or other writing raising the issue. Rule 44.1 does not require a fixed form, only that the notice put the other side and the court on notice that foreign-country law will be at issue.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text
Also known as: foreign lawdetermining foreign lawforeign country lawnotice of foreign law issue