Article 2

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Article 2.

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Judicial Notice.

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Rule 201.

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Judicial notice of adjudicative facts.

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Rule 201 (a)

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Scope of rule. – This rule governs only judicial notice of adjudicative facts.

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Rule 201 (b)

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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.

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Rule 201 (c)

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When discretionary. – A court may take judicial notice, whether requested or not.

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Rule 201 (d)

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When mandatory. – A court shall take judicial notice if requested by a party and supplied with the necessary information.

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Rule 201 (e)

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Opportunity to be heard. – In a trial court, 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.

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Rule 201 (f)

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

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Rule 201 (g)

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Instructing jury. – In a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed. (1983, c. 701, s. 1.)

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Good

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Job