Judicial Notice (FRE 201)

Question 1

What is judicial notice?

Answer 1

A substitute for proof where the accepts certain adjudicative facts as true without requiring formal presentation

Question 2

Types of judicial notice

Answer 2

1. Commonly known facts which are not subject to reasonable dispute
2. facts which are capable of accurate and ready determination by resort to sources of unquestionable accuracy

Question 3

Judicial notice in civil trial

Answer 3

Jury must accept any judically noticed fact as conclusive

Question 4

Judicial notice in criminal trial

Answer 4

Jury may, but is not required to accept any judicially noticed fact as conclusive

Question 5

What is the effect of a judicially noticed fact?

Answer 5

Once a fact is judicially noticed, no contradictory evidence is permitted on that issue