The following entry contains the Black Letter to §§ 5.06 and 5.07 of Tentative Draft No. 1, Chapter 5. Choice of Law, Topic 2. Foreign Law, from Restatement of the Law Third, Conflict of Laws. The full draft contains additional Comments and Reporters’ Notes.
This project was on the 2020 Annual Meeting agenda before the Meeting was cancelled due to COVID-19. Accordingly, this text has not been considered by the membership of The American Law Institute and therefore does not represent the position of the Institute on any of the issues with which it deals. This supplement may be revised or supplemented prior to consideration by the membership in May 2021. If you are interested in obtaining a copy of this or any other Section of this project, please contact us.
If you would like to learn more about the contents of Tentative Draft No. 1, watch this video overview by Reporters Kermit Roosevelt III, Laura E. Little, and Christopher A. Whytock.
- § 5.06. Notice of Foreign Law
- (a) A party who intends to raise an issue about foreign law must give the court and the other parties reasonable written notice.
- (b) If no party has given notice under subsection (a) but the court intends to raise an issue about foreign law, the court should give the parties reasonable notice.
- § 5.07. Information About Foreign Law
- (a) In determining foreign law, the court may consider any relevant material or source, including testimony, whether or not admissible under the applicable rules of evidence.
- (b) The parties are primarily responsible for submitting information about foreign law. The court may also obtain information about foreign law on its own.
- (c) If the court has insufficient information to determine foreign law, it should ask the parties for more information, seek more information on its own, or both. If the parties do not provide and the court does not obtain sufficient information to determine foreign law, the court ordinarily applies forum law.