Evidence: Judicial Notice

Judicial Notice – the recognition of a fact as true without formal presentation of evidence

  • A court may take judicial notice of indisputable facts that are:
    • Matters of common knowledge within the court's territorial jurisdiction
    • Matters capable of easy verification by resort to unquestionable sources
  • Procedural aspects
    • TIMING: Judicial notice may be taken at any time, including on appeal
    • EFFECT: Judicially noticed facts are considered conclusive in civil cases; but not in criminal cases. In a criminal case, the jury is instructed that it may, but is not required to, accept as conclusive any judicially noticed fact.