Rule 201. Judicial Notice of Adjudicative Facts

Judicial Notice of Adjudicative Facts.

(A)

Scope of rule

This rule governs only judicial notice of adjudicative facts; i.e., the facts of the case.

(B)

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.

(C)

When discretionary

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

(D)

When mandatory

A court shall take judicial notice if requested by a party and supplied with the necessary

information.

(E)

Opportunity to be heard

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.

(F)

Time of taking notice

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

(G)

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.

ARTICLE III. PRESUMPTIONS.