Section 4.15 Generally

• Library: Evidence 2017

A. (§4.15) Generally

Judicial notice includes the judicial knowledge of the court as well as the common knowledge of the jurors. Bone v. Gen. Motors Corp., 322 S.W.2d 916, 924 (Mo. 1959); Mo. Civil Trial Practice §9.19 (MoBar 3^rd ed. 2002 and C. Supp. 2014). Matters of judicial notice are within the common knowledge of all persons and do not need to be proven by witnesses or evidence because they are already known by the judge and jury. If there is any real question regarding a fact sought through judicial notice, the party seeking judicial notice may be forced to prove that fact through witnesses or evidence at trial.

Sections 4.16–4.25 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. A topically organized reference guide to cases dealing with judicial notice of specific matters is located in §§4.27–4.49 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. Thus, if a party seeks judicial notice of a fact that is controverted by the opposing party, it is within the discretion of the court to determine if the fact is of common or judicial knowledge. Id. It does not appear that a Missouri court has dealt with whether a fact...