(6) Evidence: Judicial Notice

Question 1

Definition:

Judicial Notice

Answer 1

Judicial notice is the courts acceptance of a fact as true without requiring formal proof.

Question 2

Judicial Notice (FRE)

Answer 2

A court may take judicial notice of indisputable facts that are either (a) commonly known within the community; OR (b) can be accurately and readily verified (which means the source cannot reasonably be questioned).

Question 3

What type of facts can a court take Judicial Notice of?

Answer 3

A court may take judicial notice of adjudicative facts not legislative facts.

Adjudicative facts are the facts of the case, which are typically decided by the jury whereas legislative facts are policy facts which require legal reasoning and analysis of lawmaking process.

Question 4

Can a judge take Judicial Notice based on their own personal knowledge?

Answer 4

NO

Question 5

When can a court take Judicial Notice?

Answer 5

At any stage of the proceeding, at the request of a party or on its own accord.

Question 6

FRE vs CA:

When a court takes Judicial Notice in a Civil/Criminal trial are the facts conclusive?

Answer 6

FRE Civil - Conclusive
FRE Criminal - May or May not accept as conclusive.
CA Civil & Criminal - Conclusive

Conclusive means the court instructs the jury that it must accept the fact as true.