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ARTICLE II. JUDICIAL NOTICE 

Table of Contents


Article I. General Provisions
Article II. Judicial Notice
Rule 201
Rule 202
Rule 203
Rule 204
Article III. Presumptions
Article IV. Relevancy and Its Limits
Article V. Privileges
Article VI. Witnesses
Article VII. Opinions and Expert Testimony
Article VIII. Hearsay
Article X. Contents of Writings, Recordings, 

and Photographs
Revised Rule 201. Judicial Notice of Adjudicative Facts [changes highlighted] 

(a) Scope of rule. This rule governs only Judicial Notice of Adjudicative Facts. Adjudicative facts are those facts that gave rise to and must be proved to resolve the action. 

(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.] Before taking judicial notice the court should provide the parties with reasonable notice of its intent to take judicial notice and should afford the parties, upon request, an opportunity to be heard as to the propriety of taking judicial notice. 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 proceedings. 

(g) Rebutting a judicially noticed fact. After the court has taken judicial notice of an adjudicative fact, the parties shall be precluded from presenting further evidence to the finder of fact to contradict the judicially noticed fact. 

(h) Instructing jury. [In a civil action or proceeding, t] 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.]   Revised Rule 201. Judicial Notice of Adjudicative Facts [clean copy] 

(a) Scope of rule. This rule governs only Judicial Notice of Adjudicative Facts. Adjudicative facts are those facts that gave rise to and must be proved to resolve the action. 

(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. Before taking judicial notice the court should provide the parties with reasonable notice of its intent to take judicial notice and should afford the parties, upon request, an opportunity to be heard as to the propriety of taking judicial notice. 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 proceedings. 

(g) Rebutting a judicially noticed fact. After the court has taken judicial notice of an adjudicative fact, the parties shall be precluded from presenting further evidence to the finder of fact to contradict the judicially noticed fact. 

(h) Instructing jury. The court shall instruct the jury to accept as conclusive any fact judicially noticed.  

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