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 as evidence. The court’s determination must be treated as a ruling on a question of law.
Rule 44.1.Determining foreign law
Group VI: Trials · Last amended March 1, 2019 · Last verified July 14, 2026
In one sentenceRule 44.1 requires a party who wants to raise an issue about foreign law to give notice through a pleading or other writing, and it lets the court draw on any relevant material to determine that law, treating the resulting determination as a ruling on a question of law.
Full Text of Rule 44.1
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The amendment is technical.
Amendment History
Added eff. 9-27-71; Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Foreign law does not get treated like an ordinary fact that a jury weighs from competing testimony. Rule 44.1 requires a party who intends to raise an issue about another country’s law to give notice, either in a pleading or in some other writing, so the opposing side and the court have fair warning that foreign law will be in play. Waiting until trial to spring a foreign-law argument is not consistent with the rule.
Once foreign law is properly raised, the court is not confined to the kind of evidence normally admissible at trial. It may consider any relevant material or source — expert testimony, treatises, statutes, or anything else that sheds light on the question — whether or not a party submitted it and whether or not it would otherwise qualify as admissible evidence. Whatever the court concludes about the content of foreign law is treated as a ruling on a question of law, meaning it is decided by the judge rather than left to a jury.
Frequently Asked Questions
Do I need to tell the other side if my case involves a foreign country’s law?
Yes. Rule 44.1 requires notice through a pleading or other writing if you intend to raise an issue about foreign law.
What kind of evidence can a court use to figure out what a foreign law says?
Almost anything relevant — the court may consider any relevant material or source, including testimony, regardless of whether a party submitted it or whether it would normally be admissible.
Does a jury decide what a foreign country’s law means?
No. The court’s determination of foreign law is treated as a ruling on a question of law, which means the judge decides it.
Can the court research foreign law on its own, beyond what the parties submit?
Yes. The rule lets the court consider relevant material or sources whether or not a party submitted them.
What happens if I raise a foreign-law issue for the first time at trial without notice?
Rule 44.1 expects notice through a pleading or other writing before that point, so raising it without notice risks the court declining to consider it or granting relief to address the surprise.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
Also known as: foreign law determinationnotice of foreign law issueproving law of another countryinternational law civil procedureNRCP 44.1