Section 3.3 Judicial Notice Compared to Judicial Admissions

• Library: Sources of Proof (2014 Ed.)

B. (§3.3) Judicial Notice Compared to Judicial Admissions

The true judicial admission should not be confused with judicial notice, which is discussed in greater detail in §§3.17–3.56 below. The doctrine of judicial notice allows a court to take cognizance of facts that are within the common knowledge of persons of ordinary intelligence and that, therefore, do not need to be proven. St. Louis Cnty. v. Skaer, 321 S.W.3d 350, 352 (Mo. App. E.D. 2010). In its broad sense, judicial notice includes not only facts commonly known but also facts the court is deemed to know by virtue of its office, like the court’s own judicial records. Mince v. Mince, 481 S.W.2d 610, 614 (Mo. App. W.D. 1972).

There appears to be some tension in Missouri law as to whether the source of judicial notice can be a judge’s independent experience on the bench. The Supreme Court of Missouri has held...