HI · rules
Haw. Prob. R. 16
DETERMINATION OF FOREIGN LAW
A person who intends to raise an issue concerning the law of another state or a foreign country shall give notice in the pleadings or other reasonable written notice. The court, in determining the law of another state or country, may consider any relevant material or source, including testimony and affidavits of law practitioners in that jurisdiction, whether or not submitted by a party or admissible under the Hawaiʻi Rules of Evidence, HRS Chapter 626. The court's determination shall be treated as a ruling on a question of law.
COMMENTARY:
This rule provides a means for the court to obtain information concerning and to rule on the applicable law of another jurisdiction. This is of primary importance in the probate of wills, where the validity of execution and form of the will is dependent upon the law of the jurisdiction where the will was signed. In such an instance, an affidavit of an experienced attorney in that other jurisdiction could be relied upon by the court.
Provenance
- Source
- www.courts.state.hi.us
- Retrieved
- 2026-10-02
- Edition
- supplied-hi-06-2026-07-01
- Content hash
30c4eba32881648326b9c55db85dd4602f2623087b2de57b0587ba4140953594
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