Foreign Law Determination. A party intending to raise an issue of foreign law must provide the court and all parties with reasonable written notice. Issues of foreign law are questions of law, but in deciding such issues a court may consider any relevant material or source—including testimony—without regard to the Federal Rules of Evidence. (Added Feb. 28, 1966, eff. July 1, 1966; amended Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1966 The original Federal Rules of Criminal Procedure did not contain a provision explicitly regulating the deter- mination of foreign law. The resolution of issues of for- eign law, when relevant in federal criminal proceed- ings, falls within the general compass of Rule 26 which provides for application of ‘‘the [evidentiary] principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience.’’ See Green, Preliminary Report on the Ad- visability and Feasibility of Developing Uniform Rules of Evidence for the United States District Courts 6–7, 17–18 (1962). Although traditional ‘‘commonlaw’’ meth- ods for determining foreign-country law have proved inadequate, the courts have not developed more appro- priate practices on the basis of this flexible rule. Cf. Xxxxx, op. cit. supra at 26–28. On the inadequacy of common-law procedures for determining foreign law, see, e.g., Xxxxxxxx, Proving the Law of Foreign Coun- tries, 3 Am.J.Comp.L. 60 (1954). Problems of foreign law that must be resolved in ac- cordance with the Federal Rules of Criminal Procedure are most likely to arise in places such as Washington, D.C., the Canal Zone, Guam, and the Virgin Islands, where the federal courts have general criminal jurisdic- tion. However, issues of foreign law may also arise in criminal proceedings commenced in other federal dis- tricts. For example, in an extradition proceeding, rea- sonable ground to believe that the person sought to be extradited is charged with, or was convicted of, a crime under the laws of the demanding state must generally be shown. See Factor x. Xxxxxxxxxxxx, 290 U.S. 276 (1933); Xxxxxxxxx x. Xxxxxxxx, 268 U.S. 311 (1925); Xxxxxx Inter- national Law: Cases and Materials (2d ed. 1962). Fur- ther, foreign law may be invoked to justify non-compli-
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Foreign Law Determination. A party intending to raise an issue of foreign law must provide the court and all parties with reasonable written notice. Issues of foreign law are questions of law, but in deciding such issues a court may consider any relevant material or source—including testimony—without regard to the Federal Rules of Evidence. (Added Feb. 28, 1966, eff. July 1, 1966; amended Nov. 20, 1972, eff. July 1, 1975; Apr. 29, 2002, eff. Dec. 1, 2002.) NOTES OF ADVISORY COMMITTEE ON RULES—1966 The original Federal Rules of Criminal Procedure did not contain a provision explicitly regulating the deter- mination of foreign law. The resolution of issues of for- eign law, when relevant in federal criminal proceed- ings, falls within the general compass of Rule 26 which provides for application of ‘‘the [evidentiary] principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience.’’ See Green, Preliminary Report on the Ad- visability and Feasibility of Developing Uniform Rules of Evidence for the United States District Courts 6–7, 17–18 (1962). Although traditional ‘‘commonlaw’’ meth- ods for determining foreign-country law have proved inadequate, the courts have not developed more appro- priate practices on the basis of this flexible rule. Cf. Xxxxx, op. cit. supra at 26–28. On the inadequacy of common-law procedures for determining foreign law, see, e.g., Xxxxxxxx, Proving the Law of Foreign Coun- tries, 3 Am.J.Comp.L. 60 (1954). Problems of foreign law that must be resolved in ac- cordance with the Federal Rules of Criminal Procedure are most likely to arise in places such as Washington, D.C., the Canal Zone, Guam, and the Virgin Islands, where the federal courts have general criminal jurisdic- tion. However, issues of foreign law may also arise in criminal proceedings commenced in other federal dis- tricts. For example, in an extradition proceeding, rea- sonable ground to believe that the person sought to be extradited is charged with, or was convicted of, a crime under the laws of the demanding state must generally be shown. See Factor x. Xxxxxxxxxxxx, 290 U.S. 276 (1933); Xxxxxxxxx x. Xxxxxxxx, 268 U.S. 311 (1925); Xxxxxx Inter- national Law: Cases and Materials (2d ed. 1962). Fur- ther, foreign law may be invoked to justify non-compli-ac-
Appears in 2 contracts
