Judicial Notice

Question 1

What is judicial notice?

Answer 1

Judicial notice is a substitute for proof where the court accepts facts as true without requiring formal presentation of evidence

Question 2

What are the types of judicially noticeable facts?

Answer 2

1. Commonly known facts
2. Facts that are capable of accurate and ready determination which are not subject to reasonable dispute

Question 3

What are commonly known facts?

Answer 3

Facts generally known within the jurisdiction of the court

Question 4

What are facts that are capable of determination?

Answer 4

Facts that are capable of accurate and ready determination which are not subject to reasonable dispute may include things like historical records, prevailing interest and mortgage rates, rainfall accumulations, and the weather

Question 5

When is judicial notice mandatory?

Answer 5

Judicial notice is mandatory if it is requested by a party, and then supplied with the necessary information

Question 6

What is the effect of judicial notice on a jury instruction?

Answer 6

Civil jury: must accept that the facts are true
Criminal jury: may accept the facts as true