Riggs National Corporation & Subsidiaries (f.k.a. Riggs National Bank and Subsidiaries) - Page 56

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          Rule 146 is taken almost verbatim from rule 44.1 of the Federal             
          Rules of Civil Procedure.23  See Note to Rule 146, 60 T.C. 1137.            

          23        The 1966 Advisory Committee Notes to rule 44.1 of the             
          Federal Rules of Civil Procedure, 28 U.S.C. app. at 759 (1994),             
          state, in pertinent part:                                                   
                    The  *  *  *  new rule describes the materials to                 
               which the court may resort in determining an issue of                  
               foreign law.  Heretofore, the district courts, applying                
               Rule 43(a), have looked in certain cases to State law                  
               to find the rules of evidence by which the content of                  
               foreign-country law is to be established.  The State                   
               laws vary; some embody procedures which are                            
               inefficient, time consuming and expensive.  *  *  *  In                
               all events the ordinary rules of evidence are often                    
               inapposite to the problems of determining foreign law                  
               and have in the past prevented examination of material                 
               which could have provided a proper basis for the                       
               determination.  The new rule permits consideration by                  
               the court of any relevant material, including                          
               testimony, without regard to its admissibility under                   
               Rule 43.  *  *  *                                                      
               *         *      *      *      *      *      *                         
                    In further recognition of the peculiar nature of                  
               the issue of foreign law, the new rule provides that in                
               determining this law the court is not limited by                       
               material presented by the parties; it may engage in its                
               own research and consider any relevant material thus                   
               found.  The court may have at its disposal better                      
               foreign law materials than counsel have presented, or                  
               may wish to reexamine and amplify material that has                    
               been presented by counsel in partisan fashion or in                    
               insufficient detail.  On the other hand, the court is                  
               free to insist on a complete presentation by counsel.                  
                    *      *      *      *      *      *      *                       
                    The new rule refrains from imposing an obligation                 
               on the court to take "judicial notice" of foreign law                  
               because this would put an extreme burden on the court                  
               in many cases; and it avoids the use of the concept of                 
               "judicial notice" in any form because of the uncertain                 
               meaning of that concept as applied to foreign law.                     
               *   *   *   Rather the rule provides flexible                          
                                                             (continued...)           



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