Judicial Notice Flashcards
Areas covered by judicial notice - list
science
calendars
history
government and court records
Judicial Notice Is
Substitutes for proof where court accepts certain facts as true
without formal presentation of evidence
Judicial Notice of Commonly known facts
not subject to reasonable dispute and
generally known within the jurisdiction of the court
Judicial Notice of Facts capable of accurate and ready determination
Resort to sources of unquestioned accuracy.
Where Judicial Notice is Mandatory
If requested by a party and supplied with necessary information
when may issues of judicial notice be raised
pretrial
during trial
on appeal
without notice to the other party
Once a fact has been judicially noticed
No contradictory evidence is permitted on the issue
Rule 201(g) - Effect of judicial notice
Civil Case - judicial noticed fact is conclusive
Criminal case - may but not required to accept fact as conclusive