Rule 16 Determination of Foreign Law

If a case involves a question about the law of another state or another country, the person raising that issue has to let everyone know ahead of time. They can do this by mentioning it in their court papers or by giving some other clear written notice. This gives the other side and the court fair warning that foreign or out-of-state law will be part of the case.

When the court has to figure out what that other law actually says, it has a lot of freedom in how it gets that information. The judge can look at almost any helpful material, including statements or sworn declarations from lawyers who practice in that other place. This is true even if that information would normally not be allowed under Hawaiʻi's usual evidence rules. The goal is to let the court get a real and accurate picture of the law, not just what a strict evidence rule would normally permit.

Once the court decides what the foreign or out-of-state law means, that decision counts as a ruling on a legal question, not a factual one. This matters because legal rulings are reviewed differently than factual findings if someone appeals the case later.