Judicial Notice

Question 1

What is judicial notice (Rule 201)?

Answer 1

• Judicial notice is a substitute for proof where the court accepts certain “adjudicative” facts as true without requiring formal presentation of evidence.

Question 2

What are adjudicative facts?

Answer 2

• Adjudicative facts are those which concern the parties to some dispute and are helpful in determining the proper outcome in the case; can cover a broad area including science, history, government and court records, geography, and calendars.

Question 3

What are two kinds of judicial notice?

Answer 3

• (1) facts commonly known in the territory
• (2) easily verifiable facts

Question 4

What are easily verifiable facts that could merit judicial notice?

Answer 4

• Facts which are capable of accurate and ready determination by resorting to sources which are not subject to reasonable dispute. Think – no one knows them, but they can be easily looked up.) (e.g., historical records; interest/mortgage rates; rainfall accumulations; sunrise and sunset times)

Question 5

Is judicial notice ever required?

Answer 5

• Yes, judicial notice is MANDATORY if
  o (1) requested by a party and
  o (2) the necessary information is supplied.

Question 6

When may judicial notice be raised?

Answer 6

• Issues of judicial notice may be raised for the first time either pretrial, during trial, or even on appeal.

Question 7

How does judicial notice affect jury instructions?

Answer 7

• A civil jury must accept a judicially noticed fact as conclusive.
• A criminal jury may, but is not required to, accept a judicially noticed fact as conclusive.