Section 3.17 Scope

• Library: Sources of Proof (2014 Ed.)

A. (§3.17) Scope

Sections 3.18–3.29 below discuss the law of judicial notice. Included in these sections is a discussion of:

• how to request and oppose the taking of judicial notice and the corresponding burdens of proof;

• judicial notice in posttrial proceedings; and

• a contrast of the differences in the Missouri and federal rules.

In addition to cases cited within these sections, a topically organized reference guide to other cases dealing with judicial notice of specific matters is located in §§3.30–3.56 below.

Whether a court takes judicial notice of a fact in a particular case is a matter of judicial discretion. Carr v. Grimes, 852 S.W.2d 345, 351 (Mo. App. S.D. 1993). The doctrine of judicial notice is modified by judicial discretion. Id. If a party seeks judicial notice of a fact that is controverted by the opposing...