Judicial Notice

Question 1

What is judicial notice?

Answer 1

It is a substitute for evidence whereby the court accepts certain matters as true without the requirement of formal proof.

FRE 201.

Question 2

When can a fact be judicially noticed?

Answer 2

An adjudicative fact must be one which 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.

FRE 201(b).

Question 3

Does a court have to take judicial notice?

Answer 3

Yes. A court must take judicial notice if it is required by a party and the court is supplied with the necessary information.

FRE 201(c)(2).

Question 4

What about other contradictory evidence against a judicially noticed fact?

Answer 4

Generally, once a fact is judicially noticed no contradictory evidence is permitted on that issue.

A civil jury will be instructed that it must accept as conclusive any fact judicially noticed.

A criminal jury will be instructed that it may, but is not required to, accept as conclusive any fact judicially noticed.

FRE 201(f).