2: Judicial notice

Question 1

Judicial notice

Answer 1

Judicial notice permits the court to take notice of a fact that is not subject to reasonable dispute, as is the case:

(1) when an adjudicative fact is not subject to reasonable dispute because it is generally known within the territorial jurisdiction of the trial court; or
(2) when an adjudicative fact can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Question 2

Judicial notice: timing

Answer 2

A court may take judicial notice at any time during a proceeding, including on appeal, whether upon request of a party or by the court’s own initiative.

Question 3

Judicial notice: hearing

Answer 3

When a party makes a timely request, the judge must give the party an opportunity to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed.

But a judge is not required to provide this opportunity before taking judicial notice of an adjudicative fact.

Question 4

Judiciary notice: taking notice

Answer 4

The court:

(1) may take judicial notice on its own; or
(2) must take judicial notice if a party requests it and the court is supplied with the necessary information.

Question 5

Judicial notice: jury instructions

Answer 5

In a civil case, the court must instruct the jury that a fact that has been judicially noticed must be accepted as conclusive.