Chapter §44.1.7 Significant Authorities

• Jurisdiction: Washington

§44.1.7SIGNIFICANT AUTHORITIES

This section provides significant case law and statutory references and rules concerning CR 44.1.

(1)Discovery

With respect to United States jurisdictions, parties have equal access to sister-state law because another state's law can be researched readily in modern law libraries. See, e.g., Prudential Ins. Co. of Am. v. O'Grady, 97 Ariz. 9, 396 P.2d 246 (1964) (abandoning rule that sister-state law be specifically pleaded); Milwaukee Cheese Co. v. Olafsson, 40 Wis.2d 575, 162 N.W2d 609 (1968) (approving judicial notice of sister-state law but not of foreign country law).

(2)Notice

A party's failure to give notice of reliance on foreign law during a pretrial conference may eliminate that party's right to rely on that law. Valdesa Compania Naviera, S.A. v. Frota Nacional de Petroleiros, 348 F.2d 33 (3d Cir. 1965).

(3)Judicial notice

The court may take judicial notice of the constitution, common law, civil law, and statutes of every state, territory, and other jurisdiction of the United States or, at its option, may enlist the aid of counsel in its determination by having the parties present relevant case law and statutes to the court. RCW 5.24.010, 020; State v. Jackovick, 56 Wn.2d 915,355 P.2d 976 (1960), overruled on other grounds by State v. Ringer, 100 Wn.2d 686, 674 P.2d 1240 (1983); Edlin v. Edlin, 42 Wn.2d 445, 256 P.2d 283 (1953); In re Marriage of Abel, 76 Wn.App. 536, 539, 886P.2d1139 (1995) (judicial notice of Montana statute).

To prove federal law, a court need not take any special steps other than judicial notice of the relevant federal law, regardless of whether it is pleaded by a party. Fed. Nat'l Mortg. Ass'n v. Carrington, 60 Wn.2d 410, 374P.2d153 (1962). The same is true of regulations published in the Federal Register. Cresap v. Pac. InlandNav. Co., 78 Wn.2d 563, 478P.2d223 (1970).

Comment: Review RCW 5.44.050 if you need to introduce foreign statutes into evidence.

(4)Experts

An expert on a foreign jurisdiction's law does not have to be admitted to practice in that foreign jurisdiction. Murphy v. Bankers Commercial Corp., Ill F. Supp. 608 (S.D.N.Y. 1953).

(5)Presumptions of sister-state law

Generally, the court will presume the law of a sister state is the same as the law of Washington if the sister-state law has not been properly brought before the court. In re Marriage of Landry, 103 Wn.2d 807, 811, 699 P.2d 214 (1985); Allen v....