Judicial Notice

Question 1

Judicial Notice

Answer 1

Rule 201. Judicial Notice of Adjudicative Facts
(a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact.

(b) Kinds of Facts That May Be Judicially Noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it:
(1) is generally known within the trial court’s territorial jurisdiction; or
(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Question 2

Legislative Fact vs. Adjudicative Fact

Answer 2

Legislative Fact vs. Adjudicative Fact –

Definitions:

Adjudicative Fact – Facts dealing with particular circumstances that relate to the actions of the parties to the law. Customarily established through formal proof and only through judicial notice pursuant to the conditions identified in Rule 201.

Legislative Fact – Facts dealing with general problems and that demonstrate a need for legislation. These facts often rely on assumptions on the way the world operates that the court should not be able to make without taking on legislative functions.