A party who intends to raise an issue concerning the law of a foreign country shall give notice by pleadings or by 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 Chapter 8 of the General Statutes and State law. The court's determination shall be treated as a ruling on a question of law.
Rule 44.1.Determination of foreign law.
Last verified July 3, 2026
In one sentenceRule 44.1 requires advance notice before a party can raise an issue of foreign law, and lets the court look at any relevant material -- not just what a party submits -- to decide what that law says.
Full Text of Rule 44.1
Amendment History
(1995, c. 389, s. 5.)
Plain-English Summary
Rule 44.1 requires a party who intends to raise an issue about a foreign country's law to give notice, either in the pleadings or through other reasonable written notice. In determining what that 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 otherwise be admissible under Chapter 8 of the General Statutes and state law. The court's determination of foreign law is treated as a ruling on a question of law, not a question of fact for the jury.
Frequently Asked Questions
How does a party raise an issue about foreign law in a North Carolina case?
By giving notice, either in the pleadings or through other reasonable written notice, that it intends to raise the issue.
Is the court limited to the material the parties submit when deciding what foreign law says?
No. Rule 44.1 lets the court consider any relevant material or source, including testimony, whether or not a party submitted it.
Is a foreign-law determination treated as a question of fact for the jury?
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 citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 44.1). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: foreign law determinationnotice of foreign law issuejudicial notice of foreign lawruling on foreign law as a question of lawproving the law of a foreign country