TEX. RULES OF COURT --> juducial notice and application of foreign law

judicial notice of foreign law | another state of the U.S. | foreign country

JUDICIAL NOTICE OF THE LAW OF ANOTHER STATE OF THE U.S. & AND
OF ANOTHER NATION

(ENFORCEMENT OF CONTRACTUAL CHOICE OF LAW)

RULE 202. DETERMINATION OF LAW OF OTHER STATES

A court upon its own motion may, or upon the motion of a party shall, take judicial notice of the
constitutions, public statutes, rules, regulations, ordinances, court decisions, and common law
of every other state, territory, or jurisdiction of the United States. A party requesting that judicial
notice be taken of such matter shall furnish the court sufficient information to enable it properly
to comply with the request, and shall give all parties such notice, if any, as the court may deem
necessary, to enable all parties fairly to prepare to meet the request. A party is entitled upon
timely request to an opportunity to be heard as to the propriety of taking judicial notice and the
tenor of the matter noticed. In the absence of prior notification, the request may be made after
judicial notice has been taken. Judicial notice of such matters may be taken at any stage of
the proceeding. The court's determination shall be subject to review as a ruling on a question
of law.

RULE 203. DETERMINATION OF THE LAWS OF FOREIGN COUNTRIES

A party who intends to raise an issue concerning the law of a foreign country shall give notice in
the pleadings or other reasonable written notice, and at least 30 days prior to the date of trial
such party shall furnish all parties copies of any written materials or sources that the party
intends to use as proof of the foreign law. If the materials or sources were originally written in a
language other than English, the party intending to rely upon them shall furnish all parties both a
copy of the foreign language text and an English translation. The court, in determining the law
of a foreign nation, may consider any material or source, whether or not submitted by a party or
admissible under the rules of evidence, including but not limited to affidavits, testimony, briefs,
and treatises. If the court considers sources other than those submitted by a party, it shall give
all parties notice and a reasonable opportunity to comment on the sources and to submit
further materials for review by the court. The court, and not a jury, shall determine the laws of
foreign countries. The court's determination shall be subject to review as a ruling on a question
of law.

Also see:
Texas Causes of Action and Defenses | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams | Texas
Caselaw Topics Pages | Texas Opinions H omepage |