This motion may be used to request the court to take judicial notice of the law of another state under Tex. R. Evid. 202 (discussed at section 19.62 in this chapter). The foreign law should be stated with sufficient specificity to avoid an objection that the plaintiff is pleading a conclusion. For an order granting this motion, see form 19-8.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion to Take Judicial Notice of Law of [name of state]
1.Parties. Movant is [name of plaintiff], Plaintiff in this cause, who moves the Court to take judicial notice of the law of another state, as described below. Movant intends to use that law in this cause because it applies to and controls law and fact relevant to this cause. Respondent is [name of defendant], Defendant in this cause.
2.Facts. Under the law of [name of state], [state foreign law, e.g., the maximum interest rate applicable to this suit is 21 percent], as shown by the copies of authorities attached hereto and incorporated by reference.
3.Grounds. The attached authorities and the law as stated therein are entitled to judicial notice by this Court under rule 202 of the Texas Rules of Evidence.
4.Prayer. Movant prays that—
a.the Court set this matter for hearing;
b.Respondent be given due notice as contemplated by rule 202 of the Texas Rules of Evidence;
c.the Court take judicial notice of the above-stated law of another jurisdiction; and
d.the Court apply that law to the trial of this cause.
[Name]
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]