902.02 Uniform judicial notice of foreign law act.
(1) Courts take notice. Every court of this state shall take judicial notice of the common law and statutes of every state, territory and other jurisdiction of the United States.
(2) Information of the court. The court may inform itself of such laws in such manner as it may deem proper, and the court may call upon counsel to aid it in obtaining such information.
(3) Determined by court; ruling reviewable. The determination of such laws shall be made by the court and not by the jury, and shall be reviewable.
(4) Evidence of foreign law. Any party may also present to the trial court any admissible evidence of such laws, but, to enable a party to offer evidence of the law in another jurisdiction or to ask that judicial notice be taken thereof, reasonable notice shall be given to the adverse parties either in the pleadings or otherwise.
(5) Foreign country. The law of a jurisdiction other than those referred to in sub. (1) shall be an issue for the court, but shall not be subject to the foregoing provisions concerning judicial notice.
(6) Interpretation. This section shall be so interpreted as to make uniform the law of those states which enact it.
(7) Short title. This section may be cited as the Uniform Judicial Notice of Foreign Law Act.
History: Sup. Ct. Order, 59 Wis. 2d R1, R38 (1973); 1979 c. 89.
When Wisconsin circuit courts are called on to examine the substance of the laws of a foreign country, they are finding facts, which must be proved in the same way as any other fact in a case. Under sub. (5), the fact-finding circuit court may not rely on judicial notice of a foreign country's law, but instead resolves an issue of pure fact. Hennessy v. Wells Fargo Bank, N.A., 2020 WI App 64, 394 Wis. 2d 357, 950 N.W.2d 877, 19-1206.
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