Chapter 2 201 General Rule

• Library: Evidence Guide 2003

§201 General rule

§201 General Rule

(a) Kinds of facts

In addition to instances provided by law, judicial notice may be taken of facts that are either (1) part of the common knowledge of every person of ordinary understanding and intelligence or (2) capable of accurate and ready determi-nation by resort to sources the accuracy of which cannot reasonably be questioned.

(b) When to be taken

In instances where the Missouri legislature has specifically set forth statutory notice, a court is required to take judicial notice. In all other instances, whether requested by a party or not, the determination of whether to take judicial notice is entirely within the court’s discretion.

(c) Opportunity to be heard

A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice. In the absence of prior notification, the request may be made after judicial notice has been taken.

(d) Time of taking

Judicial notice may be taken at any stage of the proceeding.

(e) Effect

Factual matter judicially noticed serves as proof and sup-ports a finding of such fact. But though a matter be judicially noticed, it still may be rebutted by the other party.

Notes

Subdivision (a)—Kinds of facts

A matter “judicially noticed means merely that it is taken as true without the offering of evidence by the party who should ordinarily have done so.” Timson v. Mfrs. Coal & Coke Co., 119 S.W. 565, 569 (Mo. 1909). One kind of fact judicially noticed is a fact that is “part of the common knowledge of every person of ordinary understanding and intelligence.” Endicott v. St. Regis Inv. Co., 443 S.W.2d 122, 126 (Mo. 1969). Precedents in Missouri include Patton ex rel. Menne v. Mayes, 954 S.W.2d 394, 395 (Mo. App. E.D. 1997) (speed of nine-year-old); Cook v. St. Mary’s Hosp., 939 S.W.2d 934, 939 (Mo. App. W.D. 1997) (residential dwelling is constructed to obstruct access of wild creatures); Colvin v. Carr, 799 S.W.2d 153, 158 (Mo. App. E.D. 1990) (occurrence of crime in area had increased); McCreary v. Conroy, 611 S.W.2d 234, 235 (Mo. App. E.D. 1980) (“[r]eaction time is judicially noticed at three-fourths of a second unless the evidence shows a longer time”); Losh v. Benton, 382 S.W.2d 617, 619 (Mo. 1964) (automobiles traveling at a speed of 20 miles an hour can be stopped in less than 50 feet); and Gaddy v. State Bd. of Registration for Healing Arts of Mo., 397 S.W.2d 347, 355 (Mo. App. S.D. 1965) (narcotic drugs produce results other than the mere relief of pain.

A second class of facts that is proper for judicial notice includes...