Judicial Notice of Foreign Law

In 1936 the Commissioners on Uniform State Laws promulgated the Uniform Judicial Notice of Foreign Law Act. To date the Act has been adopted by twenty-eight jurisdictions, including Washington. Although the purpose of the Act was commendable, and the modernization it sought to achieve greatly needed, it seems that further action, either judicial or legislative is needed in some of the states where it has been adopted. Reform is particularly necessary in Washington.

This comment will explore the Washington law prior to the enactment of the Uniform Act, the intent of the Act, and the actual effect that its enactment has had upon the existing law. The operation of the Uniform Act in the other jurisdictions will be discussed with a view toward exposing both its strengths and weaknesses. A comparison of the rule as to judicial notice of the law of the various states by the federal courts will also be made. Finally, there will be suggestions for improvement, both in the way of judicial interpretation and of legislative action.