Section 400.605 Judicial Notice

Section 400.605  Judicial Notice

a)         Judicial

Notice of Adjudicative Facts

1)

Scope

of Section.  This Section governs only judicial notice of adjudicative facts.

2)         Kinds

of Facts.  A judicially noticed fact must be one not subject to reasonable

dispute in that it is either:

A)        generally

known universally, locally, or in the area pertinent to the event; or

B)        capable

of accurate and ready determination by resort to sources whose accuracy cannot

reasonably be questioned.

3)         When Discretionary.

The military judge may take judicial notice, whether requested or not.  The

parties shall be informed in open court when, without being requested, the

military judge takes judicial notice of an adjudicative fact essential to

establishing an element of the case.

4)         When Mandatory.

The military judge shall take judicial notice if requested by a party and

supplied with the necessary information.

5)         Opportunity

To Be Heard.  A party is entitled, upon timely request, to an opportunity to be

heard on 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.

6)         Time

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

7)         Instructing

Members.  The military judge shall instruct the members that they may, but are not

required to, accept as conclusive any matter judicially noticed. (Il. Mil. R.

Evid. 201)

b)         Judicial

Notice of Law

1)         Domestic

Law.  The military judge may take judicial notice of State and federal law.  If

the law is a fact that is of consequence to the determination of the action,

the procedural requirements of subsections (a)(1) through (6) apply.

2)         Foreign

Law.  A party who intends to raise an issue concerning the law of a foreign

country must give reasonable written notice

ice of Law

1)         Domestic

Law.  The military judge may take judicial notice of State and federal law.  If

the law is a fact that is of consequence to the determination of the action,

the procedural requirements of subsections (a)(1) through (6) apply.

2)         Foreign

Law.  A party who intends to raise an issue concerning the law of a foreign

country must give reasonable written notice.  The military judge, in

determining foreign law, may consider any relevant material or source,

including testimony, whether or not submitted by a party or admissible under this

Subpart. This determination is a ruling on a question of law. (Il. Mil. R.

Evid. 201A)