Ariz. R. Civ. P. 44.1

As amended through December 6, 2023
Rule 44.1 - Determining Foreign Law

A party who intends to raise an issue about a foreign country's law must give reasonable written notice, filed with the court. 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 Arizona Rules of Evidence. The court's determination must be treated as a ruling on a question of law.

Ariz. R. Civ. P. 44.1

Amended effective 1/1/2017.

Comment

Historically, laws of foreign nations and even laws of some United States jurisdictions were treated as matters which had to be proved as facts are proved. With modern availability of sources of law, this is no longer appropriate. Arizona has, for some time, treated matters of the law of foreign nations as questions of law rather than questions of fact. Since the law of foreign nations can be much more difficult to ascertain than the law of United States jurisdictions, a separate rule stating that law of other United States jurisdictions should also be treated as a question of law, rather than fact, is considered unnecessary.