Rule 201 Judicial Notice of Adjudicative Facts

• Library: The Illinois Rules of Evidence: A Color-Coded Guide (2019 Ed.)

FEDERAL RULES OF EVIDENCE

Rule 201. Judicial Notice of Adjudicative Facts

(a) Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact.

(b) Kinds of Facts That May Be Judicially Noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it:

(1) is generally known within the trial court's territorial jurisdiction; or
(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

(c) Taking Notice. The court:

(1) may take judicial notice on its own; or
(2) must take judicial notice if a party requests it and the court is supplied with the necessary information.

(d) Timing. The court may take judicial notice at any stage of the proceeding.

(e) 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.

(f) 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.

ILLINOIS RULES OF EVIDENCE

Rule 201. Judicial Notice of Adjudicative Facts

(a) Scope of Rule. This rule governs only judicial notice of adjudicative facts.

(b) Kinds of Facts. A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

(c) When Discretionary. A court may take judicial notice, whether requested or not.

(d) When Mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information.

(e) 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 and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken.

(f) Time of Taking Notice. Judicial notice may be taken at any stage of the proceeding.

(g) Informing the Jury. In a civil action or proceeding, the court shall inform the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall inform the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

COMMENTARY

Author's Commentary on Ill. R. Evid. 201(a)

IRE 201(a) is identical to the federal rule before the latter's amendment for stylistic purposes effective December 1, 2011. The rule addresses only adjudicative facts, i.e., the facts of a particular case. It dispenses with the need to prove facts that are outside the area of reasonable controversy. It does not address legislative facts. For statutes that address judicial notice of legislative facts, including ordinances, statutes, the common law, and court orders, see generally 735 ILCS 5/8-1001-1009; for statutory procedures for admitting statutes and court decisions, see 735 ILCS 5/8-1101-1106; and for statutory procedures for admitting court, municipal, corporate, and land office records, and patents for land, state patents, and state land sales, see 735 ILCS 5/8-1201-1211.

See, specifically, section 8-1003 of the Code of Civil Procedure (735 ILCS 5/8-1003), which addresses both legislative facts and common law: "Every court of this state shall take judicial notice of the common law and statutes of every state, territory and other jurisdiction of the United States."

Author's Commentary on Ill. R. Evid. 201(b)

IRE 201(b) is identical to the federal rule before the latter's amendment for stylistic purposes effective December 1, 2011. See Murdy v. Edgar, 103 Ill. 2d 384 (1984) (providing the same standards contained in the rule).

In People v. Tassone, 41 Ill. 2d 7 (1968), the State failed to prove the value of a stolen semi-trailer truck. In affirming the defendant's conviction for felony theft, the supreme court stated:

"We see no valid reason why notice may not be taken in a case such as this that the property has a value of over $150. Courts do not operate in a vacuum; they are presumed to be no more

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