Rule 202. Judicial Notice of Other States’ Law

RULE 202. Judicial Notice of Other States’ Law

(a)

Scope. This rule governs judicial notice of another state’s, territory’s, or federal

jurisdiction’s:

• Constitution;

• public statutes;

• rules;

• regulations;

• ordinances;

• court decisions; and

• common law.

(b)

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.

(c)

Notice and Opportunity to Be Heard.

(1)

Notice. The court may require a party requesting judicial notice to notify all other

parties of the request so they may respond to it.

(2)

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 matter to be noticed. If the

court takes judicial notice before a party has been notified, the party, on request, is

still entitled to be heard.

(d)

Timing. The court may take judicial notice at any stage of the proceeding.

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(e)

Determination and Review. The court—not the jury—must determine the law of another

state, territory, or federal jurisdiction. The court’s determination must be treated as a ruling

on a question of law.