Rule 44.Determining foreign law
Group VI: Trials · Last amended March 1, 2017 · Last verified July 14, 2026
Full Text of Rule 44
Amendment History
Added February 2, 2017, effective March 1, 2017.
Plain-English Summary
A lawsuit sometimes turns on the law of another country, and Rule 44 makes sure that issue never arrives as a surprise. A party who wants to raise it has to give notice, either in a pleading or in a separate writing, so the other side and the court have a fair chance to prepare rather than scrambling once trial has started.
Once the issue is raised, the court is not boxed in by the usual rules of evidence. It can consider any relevant material or source, including testimony, whether or not a party submitted it and whether or not the Wyoming Rules of Evidence would otherwise let it in. The court then decides the foreign law itself and treats that decision as a ruling on a question of law, not as a factual finding for the jury.
Frequently Asked Questions
What counts as notice under Rule 44?
A pleading that raises the foreign-law issue, or any other written notice served on the other parties, filed with enough lead time to let everyone prepare.
Is foreign country law treated as a fact or a legal question?
A legal question. The court determines it and treats that determination as a ruling on a question of law rather than a fact for the jury to decide.
Can the court look at material that would not otherwise be admissible evidence?
Yes. The court may consider any relevant material or source, including testimony, whether or not it was submitted by a party or would be admissible under the Wyoming Rules of Evidence.
Does Rule 44 cover the law of sister states, or only foreign countries?
The rule speaks specifically to a foreign country's law, not the law of another state.
Who has to come forward with material on the foreign law question?
The party raising the issue has to give notice, but the court is not limited to what that party submits; it can draw on material from any party or find it on its own.