Judicial Notice Flashcards
What is the rule regarding judicial notice?
A court may take judicial notice of indisputable facts, which come in two forms:
- Matters of common knowledge within the court’s territorial jurisdiction.
- Matters capable of ready determination by resort to reliable/authoritative sources.
What is judicial notice?
Judicial Notice is the recognition of a fact as true without formal presentation of evidence.
What are the timing restrictions associated with judicial notice? When can judicial notice be taken?
There are not timing restrictions associated with judicial notice. Judicial notice may be taken at any time, including on appeal.
Are judicially noticed facts considered conclusive in civil cases and/or criminal cases?
Judicially noticed facts are considered conclusive in civil cases, but not in criminal cases.
How is a jury instructed to deal with judicially noticed facts in a civil case?
In civil cases, the jury will be told that it MUST regard the fact as if it had been proved, even through the jury has heard no evidence on the point.
How is a jury instructed to deal with judicially noticed facts in a criminal case?
In criminal cases, the jury will be told that it MAY regard the fact as if it had been proved, even though the jury has heard no evidence on the point.
What are the timing restrictions associated with judicial notice? When can judicial notice be taken?
There are not timing restrictions associated with judicial notice. Judicial notice may be taken at any time, including on appeal.
Are judicially noticed facts considered conclusive in civil cases and/or criminal cases?
Judicially noticed facts are considered conclusive in civil cases, but not in criminal cases.
How is a jury instructed to deal with judicially noticed facts in a civil case?
In civil cases, the jury will be told that it MUST regard the fact as if it had been proved, even through the jury has heard no evidence on the point.
How is a jury instructed to deal with judicially noticed facts in a criminal case?
In criminal cases, the jury will be told that it MAY regard the fact as if it had been proved, even though the jury has heard no evidence on the point.
