Judicial Notice

Question 1

Judicial notice is:

Answer 1

Is a substitute for proof where the court accepts certain adjudicative facts as true without requiring formal presentation of evidence.

Question 2

Kinds of Judicial Notice:

Answer 2

The first kind of judicial notice is commonly known facts, which are: Facts not subject to reasonable dispute. They are generally known and accepted within the jurisdiction of the court.
Ex. Austin is the capital of Texas.

The second kind of judicial notice is facts, which are capable of accurate and ready determination by resort to sources of unquestionable accuracy.
Ex. Accuracy of radar, blood tests, dna profiling, historical records, prevailing interest or mortgage rates, father’s day 1984 was June 19th

Question 3

FRE 201(d) judicial notice is MANDATORY if:

Answer 3

Requested by party and supplied with necessary information

Question 4

Issues of judicial notice may be raised:

Answer 4

Pretrial, trial, or on appeal

Opposing party does not need notice, but can dispute the taking of judicial notice.

Question 5

As a general rule, once a fact is judicially noticed:

Answer 5

No contradictory evidence is permitted on that issue

Question 6

Effect of a jury instruction on judicial notice.

Answer 6

a. A civil jury: Must accept judicially noticed fact as conclusive/binding
b. A criminal jury: May but are not required to accept as conclusive - Discretionary