A party who intends to raise an issue concerning the law of a foreign country shall give notice by pleadings or 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 the Rhode Island Rules of Evidence. The court's determination shall be treated as a ruling on a question of law.
Rule 44.1.Determination of Foreign Law.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 44.1 requires a party who wants a Rhode Island court to apply another country's law to give written notice of that intent, lets the court consult any relevant material or testimony to determine what the foreign law says, and treats that determination as a ruling of law rather than fact.
Full Text of Rule 44.1
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 44.1 handles a problem ordinary evidence rules don’t reach: what happens when the outcome of a case turns on the law of another country. Before that can happen, the party relying on foreign law has to speak up — through pleadings or other reasonable written notice — so the court and the opposing side know a foreign-law issue is in play.
Once notice is given, the court has wide 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 Rhode Island Rules of Evidence. That flexibility recognizes that proving the content of another country’s law doesn’t fit neatly into the usual rules for proving facts.
The rule also settles a procedural question that matters well beyond the trial itself: the court’s determination of foreign law is treated as a ruling on a question of law, not a finding of fact. That means the judge decides it, not the jury, and it shapes how the issue would be reviewed on appeal.
Frequently Asked Questions
How do I tell the court I want it to apply another country’s law?
Give notice through your pleadings or other reasonable written notice. Rule 44.1 requires this upfront so the court and the other side know a foreign-law issue is part of the case.
What kind of evidence can the court look at to figure out foreign law?
Any relevant material or source, including testimony, whether or not a party submitted it and whether or not the Rhode Island Rules of Evidence would otherwise let it in. The court has room to look wherever the answer might be.
Does a jury decide what foreign law means?
No. The court’s determination of foreign law is treated as a ruling on a question of law, so the judge resolves it rather than the jury.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 44.1). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
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