Vt. R. Prob. P. 44

As amended through November 4, 2024

Rule 44 - Determination of Local and Foreign Law

A party who seeks to have the court rely on:

(i) the general law of another state or of any territory or dependency of the United States or of a foreign country;

(ii) an administrative regulation of any agency of this state or a private law enacted by the legislature of this state; or

(iii) an ordinance or administrative regulation of any political subdivision of this or another state of the United States, or of a political subdivision of any territory or dependency of the United States or of a foreign country; shall give notice thereof in a pleading or other reasonable written notice.

The party shall thereafter produce at the hearing or trial evidence of the contents of such law, ordinance or regulation sufficient to support a finding that the contents are what they are claimed to be. The evidence may consist of an affidavit of an attorney admitted in Vermont or in the state, dependency or foreign country of the law in question. The court shall determine the contents of the law, ordinance or regulation as a question of fact. The court shall determine the legal significance of such contents as a question of law.

Vt. R. Prob. P. 44