Rule 44.1.Determination of foreign law
Group 6: Trials · Last amended April 28, 2015 · Last verified July 13, 2026
Full Text of Rule 44.1
Amendment History
Adopted June 13, 1977, effective July 1, 1977; amended, adopted June 14, 1983, effective Sept. 1, 1983; amended, effective April 28, 2015.
Plain-English Summary
A Washington lawsuit runs on Washington law by default, so when a party thinks some other jurisdiction's law controls an issue, the court needs advance warning. Rule 44.1 handles that warning through the pleadings: a party who intends to rely on the law of another state, a territory, or a foreign country gives notice the way Rule 9(k) requires, so the opposing side and the judge aren't surprised mid-trial by an argument built on unfamiliar law.
The rule then splits into two tracks depending on whose law is at issue. If the law belongs to another state, territory, or jurisdiction of the United States, the court determines it under RCW 5.24, the statute governing judicial notice of that kind of law. If the law belongs to a foreign country, the court has more room to work with: it may look at any relevant written material or other source, including testimony, whether or not a party submitted it and whether or not it would be admissible under the rules of evidence, so long as the court weighs how trustworthy the source is.
That flexibility comes with a check. If the court considers material or a source that wasn't received in open court, it must first put the material on the record, summarize any unwritten information it received, and give the parties a chance to respond before ruling. The court's ultimate determination of foreign law is treated as a ruling on a question of law, not a factual finding, which shapes how it gets reviewed later.
Frequently Asked Questions
How does a party give notice that foreign law is at issue under Rule 44.1?
Notice is given in the party's pleadings, following the procedure set out in Rule 9(k) rather than through a separate motion or letter.
Who decides what foreign law says, the judge or the jury?
The judge decides. Rule 44.1 treats the court's determination of foreign law as a ruling on a question of law.
Does Rule 44.1 apply the same way to the law of another U.S. state and the law of a foreign country?
No. Law from another state, territory, or jurisdiction of the United States is determined under RCW 5.24. Law of a foreign country is determined more flexibly, drawing on any relevant material or testimony the court finds trustworthy.
Can a court look into foreign law on its own, without either party submitting material?
Yes. The rule allows the court to consider relevant material or sources whether or not a party submitted them, provided the court has due regard for trustworthiness.
What must the court do before relying on material that wasn't presented in open court?
It must identify the material or source in the record, summarize any unwritten information it received, and give the parties an opportunity to respond before making its determination.
Is Rule 44.1 admissibility governed by the ordinary rules of evidence?
Not for foreign-country law. The court may consider relevant material or testimony whether or not it would be admissible under the Rules of Evidence.