Rule 44.1.Determining Foreign Law

Foreign law does not come up often in North Dakota litigation, but when it does, Rule 44.1 keeps it from ambushing anyone. A party who intends to raise an issue about a foreign country's law has to give notice by a pleading or other writing, so the opposing side and the court both know the question is coming and can prepare for it.

Once that notice is on the table, the rule gives the court unusual latitude in figuring out what the foreign law says. It 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 the Rules of Evidence. That flexibility recognizes that proving the content of another country's law is a different task than proving a disputed fact — treatises, expert submissions, and other sources that would not clear the normal evidentiary bar can still inform the court's understanding.

The rule also settles a question that matters for how the issue moves through the case: the court's determination of foreign law must be treated as a ruling on a question of law. That keeps the question away from the jury and shapes how it gets reviewed if the case is appealed, the same way any other legal ruling would be.