Rule 201. Judicial Notice of Adjudicative Facts

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.

9

(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.