judicial notice

Question 1

201(a)

Answer 1

(a) this rule governs judicial notice of an adjudicative fact only, not a legislative fact.

Question 2

201(b)

Answer 2

(b) the 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 be reasonably questioned.

Question 3

201(c)

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

201(d)

Answer 4

(d) the court may take judicial notice at any stage of the proceeding.

Question 5

201(e)

Answer 5

(e) 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

201(f)

Answer 6

(f) 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.