Rule 203. Determining Foreign Law
(a) Raising a Foreign Law Issue. A party who intends to raise an issue about a foreign country’s law must:
(1) give reasonable notice by a pleading or other writing; and
(2) at least 30 days before trial, supply all parties a copy of any written materials or sources the party intends to use to prove the foreign law.
(b) Translations. If the materials or sources were originally written in a language other than English, the party intending to rely on them must, at least 30 days before trial, supply all parties both a copy of the foreign language text and an English translation.
(c) Materials the Court May Consider; Notice. In determining foreign law, the court may consider any material or source, whether or not admissible. If the court considers any material or source not submitted by a party, it must give all parties notice and a reasonable opportunity to comment and submit additional materials.
(d) Determination and Review. The court—not the jury—must determine foreign law. The court’s determination must be treated as a ruling on a question of law.
(e) Suits Brought Under the Family Code Involving a Marriage Relationship or Parent- Child Relationship. Subsections (a) and (b) of this rule do not apply to an action to which Rule 308b, Texas Rules of Civil Procedure, applies.
History: Added Feb. 25, 1998, eff. March 1, 1998; amended effective April 1, 2015; amended effective January 1, 2018.
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