Judicial Notice

Question 1

Judicial Notice Generally (201)

Answer 1

Substitute/shortcut for proof: court accepts certain facts as admissible, without requiring formal presentation of evidence (no witnesses/testimony or tangible evidence required)

Question 2

Legislative facts

Answer 2

Those which have relevance to legal reasoning and the lawmaking process, whether in formulation of a legal principle or ruling by a judge or court or in the enactment of legislative body
(NOT judicially noticed)

Question 3

Adjudicative Facts

Answer 3

Facts of the particular case that would normally go to a jury, and they relate to the parties, their activities, their businesses
(These facts must be proven by evidence or stipulation, or in rare circumstances – “judicial notice”)

Question 4

Notorious Facts (201(b)(1))

Answer 4

facts commonly known in the territory of the court

Everybody ‘round here knows that!

Not judge’s personal knowledge

Question 5

Easily Verified Facts (201(b)(2))

Answer 5

from sources beyond reasonable dispute

Question 6

The Court May (201(c))

Answer 6

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

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

Question 7

TJ must instruct the jury:

Answer 7

1. Civil case – TOF MUST accept fact as true
2. Criminal case – TOF may/may not accept fact as true