Judicial Notice Flashcards
1
Q
When Can Court Take Judicial Notice?
A
When facts are not subject to reasonable dispute because they are either:
generally known in the jurisdiction OR capable of accurate and ready determination by resorting to a souse whose accuracy cannot be reasonably questioned.
2
Q
Procedure for taking Judicial Notice
A
Party must request judicial notice to compel notice. IF NOT REQUESTED court has discretion to take judicial notice.
If in civil case court instructs jury that IT MUST accept noticed facts as conclusive
If in criminal case court instructs just that IT MAY accept noticed facts as conclusive
JUDICIAL NOTICE CAN OCCUR AT ANY TIME EVEN ON APPEAL
