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5 Cards in this Set
- Front
- Back
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Judicial Notice
(Rule 201) |
When the judge can assume something without proof
As a general rule, once a fact is judicially noticed, no contradictory evidence is permitted on that issue. |
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Commonly Known Facts
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not subject to reasonable dispute
generally known within the court's jurisdiction --not facts within a judge's personal knowledge Ex: daylight savings time |
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Facts that are Capable of Accurate & Ready Determination
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Uncontested reliable source
Ex: radar, blood tests, DNA, historical records, etc. |
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Mandatory Judicial Notice
(Rule 201(d)) |
Mandatory if requested by a party and court is supplied with the necessary information.
Can be raised for the first time either pretrial, during trial, or during appeal |
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Effect of Jury Instruction on Judicial Notice
(Rule 201(g)) |
A civil jury must accept a judicial notice fact as conclusive.
A criminal jury may—but is not required to—accept a judicial notice as conclusive. |
