§44.1.4 Comparison with Federal Rule

• Jurisdiction: Washington

§44.1.4COMPARISON WITH FEDERAL RULE

Pleading and proving foreign law requires consideration of CR 44.1, CR 9(k), and Chapter 5.24 RCW (Washington's Uniform Judicial Notice of Foreign Laws Act). FED. R. CIV P. 44.1 is the only federal rule on these topics. There is no federal counterpart to CR 9(k) or Chapter 5.24 RCW.

FED. R. CIV P. 44.1 governs the application of the laws of a foreign country, but it does not address application of the laws of states, territories, or other jurisdictions of the United States. See, e.g., Grupo Protexa, S.A. v. All Am. Marine Slip, 20 F.3d 1224, 1239 (3d Cir. 1994) ("[FJoreign law in the federal courts is a question of law to be resolved by reference to any relevant information, including that provided by expert witnesses."). Under FED. R. CIV P. 44.1, a federal court "may consider" any relevant material or source but that does not mean it "must consider" all material and sources. Sometimes a federal court will disregard attempts to prove foreign law if the court deems submissions inadequate or will base its decision on the court's own research. See, e.g., Pazcoguin v....