Judicial Notice

Question 1

Judicial Notice

Answer 1

When the court accepts certain matters as true without req. of formal proof.

Question 2

Legislative Facts

Answer 2

Facts that are used by courts to interpret statutes and make policy decisions. They are not within the subject of judicial notice.

Question 3

Noticed Facts (When is it permissible?)

Answer 3

A judicially noticed fact must be one that is not subject to reasonable dispute because it:

• is generally known within trial court’s territorial jurisdiction
• can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Question 4

Judge’s Knowledge

Answer 4

A judge cannot take judicial notice of a fact merely because it is within his personal knowledge.

Question 5

Permissible Judicial Notices (With or Without Request)

Answer 5

Include:

• Laws of foreign countries
• Regulations of private agencies (when they have force of law)
• Municipal ordinances
• Matters of local geography

Question 6

Mandatory Judicial Notices (With Request)

Answer 6

A court must take judicial notice upon request and the court is supplied with necessary information.

Question 7

Mandatory Judicial Notices (Without Request)

Answer 7

Includes:

• Federal and state law
• Indisputable facts and scientific propositions

Question 8

After Judicial Notice Is Given

Answer 8

As a general rule, no contradictory evidence is permitted.

Question 9

Judicial Notices in Civil Trials

Answer 9

Juries will be instructed that they must accept judicial notices as conclusive facts.

Question 10

Judicial Notices in Criminal Trials

Answer 10

Juries will be instructed that they may, but are not required, to accept judicial notices as conclusive facts.

Question 11

When Can a Fact be Judicially Noticed?

Answer 11

At any time (even for the first time on an appeal)

Question 12

Radar Tests

Answer 12

The court does take judicial notice of the accuracy of radar tests