A party who intends to raise an issue concerning the law of a foreign country shall give notice in his 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 § 15-6-43. The court’s determination shall be treated as a ruling on a question of law.
Rule 44.1.Determination of Foreign Law
Part VI: Trials · Last amended 1969 · Last verified July 16, 2026
In one sentenceRule 15-6-44.1 lets a party raise an issue of foreign-country law through the pleadings or other reasonable written notice, lets the court consider any relevant source, including testimony a party never submitted or that would not ordinarily be admissible, and treats the court’s determination as a ruling of law.
Full Text of Rule 15-6-44.1
Plain-English Summary
Rule 15-6-44.1 covers the narrow situation where a case turns on the law of another country. A party who plans to raise that kind of issue has to give notice, either in the pleadings or through some other reasonable written notice, rather than springing the question on the court and the other side without warning.
Once the issue is raised, 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 that material would otherwise be admissible under Rule 15-6-43. The court then treats its own determination as a ruling on a question of law, not a finding of fact, meaning the judge decides the question rather than a jury.
Frequently Asked Questions
How do I let a South Dakota court know my case involves a foreign-country law question?
Rule 15-6-44.1 requires you to give notice, either in your pleadings or through other reasonable written notice, that you intend to raise the issue.
Can the court consider material on foreign law that neither party submitted?
Yes. Rule 15-6-44.1 lets the court consider any relevant material or source, including testimony, whether or not a party submitted it.
Does material on foreign law have to satisfy the usual evidence rules?
No. Rule 15-6-44.1 allows the court to consider material whether or not it would be admissible under Rule 15-6-43.
Is a determination of foreign law treated as a fact question or a legal one?
A legal one. Rule 15-6-44.1 treats the court’s determination as a ruling on a question of law.
Does a jury decide what foreign law says in a South Dakota case?
No. Because Rule 15-6-44.1 treats the determination as a ruling on a question of law, it is the judge who decides it, not the jury.
Amendment History
—SD RCP, Rule 44.1, as adopted by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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