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 under the West Virginia 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 January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 44.1 requires a party who wants to raise an issue of foreign country law to give notice by a pleading or other writing, lets the court consider any relevant material or source -- including testimony not otherwise admissible -- in determining that law, and treats the court's determination as a ruling on a question of law.
Full Text of Rule 44.1
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Foreign law doesn't get proven the way ordinary facts do. Rule 44.1 requires a party who wants to raise an issue about another country's law to give notice of it, through a pleading or some other writing, so everyone knows the issue is in play well before trial.
Once that notice is given, the court isn't limited to the West Virginia Rules of Evidence when it works out what the foreign law says. It can consider any relevant material or source, including testimony, whether or not a party submitted it and whether or not it would otherwise be admissible. And because determining foreign law is closer to interpreting law than finding a fact, the court's determination is treated as a ruling on a question of law, not a factual finding a jury would otherwise resolve.
Frequently Asked Questions
How do I raise an issue about a foreign country's law in a case?
Give notice through a pleading or other writing — Rule 44.1 requires that notice before the court will take up the issue.
Can the court consider evidence about foreign law that wouldn't otherwise be admissible?
Yes. Rule 44.1 lets the court consider any relevant material or source, including testimony, whether or not a party submitted it or it would otherwise be admissible under the Rules of Evidence.
Is a court's determination of foreign law treated as a finding of fact or a ruling of law?
A ruling on a question of law, not a factual finding.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 44.1). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: foreign law determinationnotice of foreign law issue