§ 44.07 Key Points

• Jurisdiction: United States

§ 44.07 Key Points

Rule 201 applies only to judicial notice of adjudicative facts. The term "adjudicative fact" is used in contradistinction to the term "legislative fact." Adjudicative facts are what we normally think of when we talk about the "facts of a case."

Two kinds of adjudicative facts are subject to judicial notice under Rule 201(b): (1) facts generally known within the territorial jurisdiction of the trial court; and (2) facts capable of accurate and ready determination by resort to sources whose accuracy cannot be reasonably questioned. Facts that fit these two categories, however, are proper subjects for judicial notice only if they are "not subject to reasonable dispute."

Generally known facts, for purposes of Rule 201(b), must be distinguished from facts that a judge personally knows; only the former are properly the subject of judicial notice.

Accurate and readily determined facts. Historical, geographic, physical, political, statistical, and scientific facts have all been noticed as verifiably certain. In deciding whether a fact is capable of ready and accurate determination, a court may rely only upon sources "whose accuracy cannot reasonably be questioned." However, the source itself need not be admissible in evidence.

Procedural issues. Rule 201(c) permits a court to take judicial notice sua sponte. The rule requires the court to take judicial notice if one of the parties so requests. Rule 201(e) entitles a party, upon timely request, to an opportunity to be heard concerning both the propriety of taking judicial notice and the tenor of the matter to be noticed. Judicial notice may be taken at any time, including on appeal.

Jury instructions. In civil cases, the court must instruct the jury "to accept the noticed fact as conclusive" In contrast, Rule 201(f) directs the court to instruct the jury in a...