Article II Judicial Notice

Question 1

Rule 201(a) Scope

Answer 1

This rule governs judicial notice of an adjudicative fact only, not a legislative fact.

Question 2

Rule 201(b) Kinds of Facts That May Be Judicially Noticed

Answer 2

he court may judicially notice a fact that is not subject to reasonable dispute because it:

(1) is generally known within the trial court’s territorial jurisdiction; or
(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Question 3

Rule 201(c) Taking Notice

Answer 3

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 4

Rule 201(d) Timing

Answer 4

The court may take judicial notice at any stage of the proceeding.

Question 5

Rule 201(e) Opportunity to Be Heard

Answer 5

On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.

Question 6

Rule 201(f) Instructing the Jury

Answer 6

In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.