N.M. R. Civ. P. Dist. Ct. 1-044

As amended through August 23, 2024

Rule 1-044 - Judicial notice and determination of foreign law

A.Judicial notice. The courts of New Mexico shall take judicial notice of the following facts:

(1) the true significance of all English words and phrases and of all legal expressions;

(2) whatever is established by law;

(3) public and private official acts of the legislative, executive and judicial departments of the United States, and the laws of the several states and territories of the United States, and the interpretation thereof by the highest courts of appellate jurisdiction of such states and territories;

(4) the seals of all the courts of this state, the United States and the courts of record of the various states of the United States and its territories;

(5) the accession to office, seals and the official signatures under seal of the officers of government in the legislative, executive and judicial departments of the United States and of the several states and territories thereof;

(6) the existing title, national flag and seal of every state or sovereign recognized by the executive power of the United States;

(7) the seals of notaries public;

(8) the laws of nature, the result of time and the geographic divisions and political history of the world.

In all cases the court may resort for its aid to appropriate books or documents of reference.

This rule is not intended to be exclusive and nothing herein contained shall be construed to limit or restrict the courts from taking judicial notice under the New Mexico Rules of Evidence or existing practice.

B.Determination of foreign law. 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. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the New Mexico Rules of Evidence. The court's determination shall be treated as a ruling on a question of law.

N.M. R. Civ. P. Dist. Ct. 1-044

ANNOTATIONS Compiler's notes. - Paragraph A is deemed to have superseded former Trial Court Rule 45-702, which was substantially the same, and 105-527, C.S. 1929, relating to judicial notice of private statutes. The former provisions of Paragraph A have been superseded by Rules 11-902 and 11-1001 through 11-1005 NMRA. Former Subdivision (b) has been superseded by Rule 11-803 NMRA. Law reviews. - For article, "Survey of New Mexico Law, 1979-80: Domestic Relations and Juvenile Law," see 11 N.M.L. Rev. 134 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. - 29 Am. Jur. 2d Evidence §318 et seq.; 29A Am. Jur. 2d Evidence §1135; 61A Am. Jur. 2d Pleading §§16, 17, 19. Proof of foreign official record under Rule 44(a)(2) of Federal Rules of Civil Procedure, 41 A.L.R. Fed. 784. Raising and determining issue of foreign law under Rule 44.1 of Federal Rules of Civil Procedure, 62 A.L.R. Fed. 521. 32A C.J.S. Evidence § 1126; 71 C.J.S. Pleading § 86.