Judicial Notice

Question 1

201

Answer 1

“Judicial Notice of Adjudicative Facts (201)

1. Timing: notice can be taken at any stage of proceeding
2. Opportunity to be heard: party may be heard on the propriety of taking judicial notice; opponent may be heard even after notice is taken
3. Instructing Jury: if civil case: jury to accept that fact as established criminal:
4. Facts that can be JN:

a. is generally known within the trial court’s territorial jurisdiction; or
b. can be accurately and readily determined from sources who’s accuracy cannot reasonable be questioned

5. How to take notice
   a. court may take judicial notice on its own; or
   b. take notice if a party request it and the court is supplied with the necessary information

• No Judicial Notice for Legislative Facts
o adjudicative facts are the facts of a particular case; and
o Legislative facts are those which have relevance to legal reasoning and the lawmaking process.
“