Chapter 2 - § 2.4 • JUDICIAL NOTICE

• Jurisdiction: Colorado

§ 2.4 • JUDICIAL NOTICE

§ 2.4.1—Introduction

Under certain circumstances, the court may take judicial notice of a matter that eliminates the necessity of a party introducing the matter into evidence and proving its truth. Judicial notice may be taken in both civil and criminal cases as to matters of fact or law. Once the court decides it will judicially notice a particular fact, the parties may not offer contrary evidence at trial.

CRE 201 governs judicial notice of adjudicative facts. The rule codified the case law that permitted courts to take judicial notice of matters of "common knowledge." See Nicholls v. Barrick, 62 P. 202 (Colo. 1900). A judicially noticed fact is one that is not subject to reasonable dispute. It is a fact that is either generally known within the jurisdiction of the trial court, or capable of accurate determination by sources whose accuracy cannot reasonably be questioned. CRE 201(b). For instance, the court can take judicial notice of the contents of court records in a related proceeding, or of records kept and maintained in the court state judicial computer system, or of the day of the week for a specific date, or even the term of public office. People v. Sa'ra, 117 P.3d 51 (Colo. App. 2004); People v. Linares-Guzman, 195 P.3d 1130 (Colo. App. 2008); Williams v. Dist. Ct., 700 P.2d 549 (Colo. 1985); and People ex rel. Flanders v. Neary, 154 P.2d 48 (Colo. 1944).

While not covered under CRE 201, judicial notice of the common law and statutes of every state, territory, or other jurisdiction of the United States is permissible and required pursuant to C.R.C.P. 44, C.R.C.P. 44.1, Crim. P. 26.1, and C.R.S. § 13-25-106, the Uniform Judicial Notice of Foreign Law Act.

Under CRE 201(c) and (f), the court may take judicial notice, whether requested or not, at any stage of the proceeding. In a civil action, the court is required to instruct the jury to accept a judicially noticed fact as conclusive. In a criminal case, the court is required to instruct the jury that it may, but is not required to, accept the judicially noticed fact as conclusive. CRE 201(g).

§ 2.4.2—Foundation Requirements

For the court to take judicial notice of a fact, the fact must be not subject to reasonable dispute in that it is

• Generally known within the territorial jurisdiction of the trial court; or
• Capable of accurate and ready determination by resort to resources whose accuracy cannot reasonably be questioned.

CRE 201(b). A party requesting that judicial...