Judicial Notice

Question 1

What is judicial notice?

Answer 1

Act of a court admitting an adjudicative fact into evidence because either -

(1) the fact is generally known within the court’s territorial jurisdiction, or;

(2) the fact can be accurately and readily determined by reference to sources whose accuracy cannot reasonably be questionedRecognition of a fact as true without formal presentation of evidence

Question 2

What is required for facts to be appropriate for judicial notice?

Answer 2

1) Notorious facts
- Generally known within trial court’s territorial jurisdiction

2) Indisputable + verifiable via easily accessible sources of unquestionable accuracy
- Scientific facts (once they are well-established)

3) Adjudicative (relates to the parties or issues in the case)
- NOT legislative

Question 3

What is the procedure for taking judicial notice?

Answer 3

Court may take judicial notice of fact on its own accord

Party must formally request that notice be taken

• By pleading/oral motion
• First time on appeal (NOT second time)
• Notice that court properly noticed/was obliged to notice

Question 4

What happens to the conclusiveness of a judicial notice?

Answer 4

Civil case
- Jury must accept as conclusive

Criminal case
- Jury may accept as conclusive

Question 5

When may judge take judicial notice of laws?

Answer 5

Mandatory judicial notice

• Federal public law
• State public law

Permissive judicial notice

• Foreign laws
• Municipal ordinances
• Private Congress acts