Rule 201 - Judicial Notice of Adjudicative Facts(a)Scope. This rule governs judicial notice of an adjudicative fact only, not a legislative fact.(b)Kinds of Facts That May Be Judicially Noticed. The court may judicially notice a fact that is not subject to reasonable dispute because it: (1) is generally known within the trial court's territorial jurisdiction; or(2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.(c)Taking Notice. The court: (1) may take judicial notice on its own; or(2) must take judicial notice if a party requests it and the court is supplied with the necessary information.(d)Timing. The court may take judicial notice at any stage of the proceeding.(e)Opportunity to Be Heard. On timely request, a party is entitled to be heard on the propriety of taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.(f)Instructing the Jury. In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.Amended Sept. 8, 2011, effective 1/1/2012.COMMENT TO 2012 AMENDMENT
The last sentence of subsection (f) (formerly subsection (g)) has been added to conform to Federal Rule of Evidence 201(f), as restyled.
Additionally, the language of Rule 201 has been amended to conform to the federal restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent in the restyling to change any result in any ruling on evidence admissibility.
HISTORICAL NOTE
Source:
Federal Rules of Evidence, Rule 201, (modified).
Civ.Code 1913, §§ 1916, 1946.
Rev.Code 1928, § 4453.
Code 1939, § 23-304.
Rules Civ.Proc., former Rules 44 (o ), 44(p).