During a personal injury civil lawsuit, there may be times when a party raises an issue concerning the law of a state or territory other than Washington. This could be both domestic jurisdictions or foreign jurisdictions. The law of a US state, territory or other jurisdiction is to be determined under the Uniform Judicial Notice of Foreign Laws Act (RCW 5.24).
This provision provides that, “Every court of this state shall take judicial notice of the Constitution, common law, civil law, and statutes of every state, territory and other jurisdiction of the United States.” (RCW 5.24.010).
For jurisdictions, outside of the United States, the court is permitted to consider any relevant written material or source, including testimony, that would have ‘due regard of their trustworthiness”. (See CR 44.1(c)).
For example, if you were injured in a car accident on tribal lands in the state of Washington, then the court would be able to take judicial notice of any laws, rules, or statutes that are applicable when driving on tribal lands.
Kennewick Personal Injury Attorney
If you have been injured in a car accident, then you need a personal injury attorney fighting on your side. The law office of Mat Parke offers a free consultation with one of our experienced and knowledgeable attorneys to discuss your case. Call us today at 509-582-7274 to get started on your personal injury case.
Washington Civil Rule 44.1: Determination of Foreign Law
(a) Pleading. A party who intends to raise an issue concerning the law of a state, territory, or other jurisdiction of the United States, or a foreign country shall give notice in the party’s pleadings in accordance with rule 9(k).
(b) United States jurisdiction. The law of a state, territory, or other jurisdiction of the United States shall be determined as provided in RCW 5.24.
(c) Other jurisdictions. The court, in determining the law of any jurisdiction other than a state, territory, or other jurisdiction of the United States, may consider any relevant written material or other source, including testimony, having due regard for their trustworthiness, whether or not submitted by a party and whether or not admissible under the Rules of Evidence. If the court considers any material or source not received in open court, prior to its determination the court shall:
(1) Identify in the record such material or source;
(2) Summarize in the record any unwritten information received; and
(3) Afford the parties an opportunity to respond thereto. The court’s determination shall be treated as a ruling on a question of law.
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Tri-Cities, Washington Law Office
Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now.8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274