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§ 25-12,105.Foreign country.

Article 12: Evidence and Witnesses · Last amended 1947 · Last verified July 22, 2026

In one sentenceThis section marks the outer edge of the Uniform Judicial Notice of Foreign Law Act: the law of a foreign country falls outside the Act’s judicial-notice machinery and instead stands as a question the court decides on its own, without the Act’s procedures attached.

Full Text of § 25-12,105

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The law of a jurisdiction other than those referred to in section 25-12,101 shall
be an issue for the court, but shall not be subject to the foregoing provisions concerning judicial notice.

Source

Laws 1947, c. 93, § 5, p. 273.

Plain-English Summary

The judicial notice scheme built by sections 25-12,101 through 25-12,107 was written for the law of sister states and other jurisdictions within the reach of that Act. Section 25-12,105 draws the line at the water’s edge. The law of a country outside the group covered by section 25-12,101 is not pulled into that scheme. It remains, in the statute’s words, an issue for the court, but the judicial-notice provisions that apply to sister-state law do not reach it.

The distinction matters in a lawsuit that turns on the law of another nation. A party still has to raise and establish what that foreign law provides, and the judge still decides the legal question rather than sending it to the jury. What the party cannot do is lean on the Act’s specific notice mechanism — the procedures built for domestic sister-state law — to get that foreign law before the court. Foreign-country law is handled the way courts handled it before the Act existed, as a matter the court works through directly rather than under a uniform statutory notice procedure.

Read together with sections 25-12,106 and 25-12,107, this section confirms that the Act was built with a defined scope. It reaches sister-state and similar domestic law; it does not extend its notice procedures to the law of foreign nations.

Frequently Asked Questions

Does section 25-12,105 mean a Nebraska court cannot consider the law of a foreign country?

No. The court can and does consider foreign-country law when it is relevant to a case. This section only removes that law from the judicial-notice procedures the Act built for sister-state law.

Who decides what a foreign country’s law says — the judge or the jury?

The judge. Section 25-12,105 states that foreign-country law remains an issue for the court, even though it sits outside the Act’s judicial-notice provisions.

What is the difference between how Nebraska courts handle sister-state law and foreign-country law?

Sister-state law can come before the court through the judicial-notice procedures set out in sections 25-12,101 through 25-12,104. Foreign-country law falls outside that mechanism and is instead resolved by the court directly.

If a contract calls for another country’s law to govern a dispute, does this section change how that law gets proved?

It confirms that the Act’s notice procedures do not apply to that showing. A party relying on foreign-country law still has to bring it before the court, just not through the Act’s specific mechanism.

Does this section apply to the law of a U.S. territory or a Native American tribe?

The section addresses jurisdictions other than those referred to in section 25-12,101. Whether a particular territory or tribal jurisdiction falls inside or outside that reference depends on how section 25-12,101 defines its scope.

Why would the Legislature carve foreign-country law out of the Act?

The Act was drafted as a uniform law aimed at making judicial notice of sister-state law consistent across the states that adopted it. Foreign-country law raises different practical concerns, so the Act left it to be handled as a separate question for the court.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
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