In an international dispute, often times one party will seek judicial notice of a foreign law. However, every jurisdiction has its own definition and requirements of judicial notice that must be followed. To ensure that all requirements are met and judicial notice is properly preserved, the first step is to understand the foreign law, which requires a foreign language translation.
In the US, according to Rule 203, a party who intends to raise an issue regarding a foreign law must give notice within the pleadings or via written notice at least 30 days prior to the trial date and provide the opposing party with copies of all materials and sources intended to be used as evidence. Further, if these materials are written in a language other than English, the party seeking notice must also include a foreign language translation of the materials. Further, when a foreign language translation is provided, evidence of its accuracy must also be provided and, if required, time for the opposing party to secure its own foreign language translation.