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judicial notice

Judicial notice is a method used by a court when it declares a fact presented as evidence as true without a formal presentation of evidence. A court can take judicial notice of indisputable facts, usually for purposes of convenience. If a court takes judicial notice of an indisputable fact in a civil case , the fact is considered conclusive. Judicial notice can be granted upon request by a party to the case or may be sua sponte , where the court takes notice of the fact on its own volition. Judicial notice is also known as judicial cognizance or judicial knowledge.

In federal courts , the application of judicial notice is governed by the Federal Rule of Evidence 201 , which reads:

Rule 201. Judicial Notice of Adjudicative Facts

Scope.

• This rule governs judicial notice of an adjudicative fact only, not a legislative fact.

Kinds of Facts That May Be Judicially Noticed.

• The court may judicially notice a fact that is not subject to reasonable dispute because it:
  • is generally known within the trial court’s territorial jurisdiction ; or
  • can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Taking Notice.

• The court:
  • may take judicial notice on its own; or
  • must take judicial notice if a party requests it and the court is supplied with the necessary information.

Timing.

• The court may take judicial notice at any stage of the proceeding .

Opportunity to Be Heard.

• On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed.
• If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.

Instructing the Jury.

• In a civil case, the court must instruct the jury to accept the noticed fact as conclusive.
• In a criminal case , the court must instruct the jury that it may or may not accept the noticed fact as conclusive.

[Last reviewed in June of 2023 by the Wex Definitions Team
]

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