Judicial Notice

Question 1

What is Judicial Notice?

Answer 1

The courts acceptance of a fact as true without requiring formal proof

Question 2

What type of facts do the federal rules of judicial notice address?

Answer 2

Adjudicative facts - Facts of the case at hand typically decided by the jury

• Facts relate to the parties & their activities

Question 3

What types of facts are subject to judicial notice?

Answer 3

Judicial notice may be taken of an adjudicative factonly if it’s not subject to reasonable dispute because:

1. It’s generally known within the community, or
2. It can be accurately and readily determined from relaible sources

Question 4

May a judge take notice of a fact that he knows personally?

Answer 4

No, facts must be generally known to the community

Question 5

When is Judicial Notice Mandatory?

Answer 5

Court must take notice of the fact if:

1. Party makes request, and
2. court is supplied with the necessary information

Question 6

What is the impact of a judicially noticed fact on an opposing party?

Answer 6

No evidence contradicting the fact will be permitted

Question 7

What is the impact of a judically noticed fact on a civil jury?

Answer 7

Jury must be instructed to accept the noticed fact as true & conclusive

Question 8

What is the impact of a judically noticed fact on a criminal jury ?

Answer 8

The jury must be instructed that it may or may not accept any judicially noticed fact as true and conclusive