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Proving Foreign Law And Determining What Law Applies

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Chapter Summary

Any party intending to rely on foreign law as part of the proof of its case must be familiar with the requirement of Rule 44.1 of the Federal Rules of Civil Procedure. Rule 44.1 provides that 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". It permits the court, in determining foreign law, to consider any relevant material or source, without regard to whether the material considered would be admissible under the rules of evidence. The third element of Rule 44.1 is that the court's determination of the issue of foreign law shall be treated as a ruling on a question of law. In addition to proof of foreign law, it is important to be aware of the proper procedures for authenticating foreign records and general requirements for their admissibility in U.S. courts.

Keywords: choice of law; Federal Rule 44.1; foreign documents; foreign law; question of law



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