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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 203. Judicial Notice of Law [changes highlighted]

Click here to see commentary on Revised Article 203. 

(a) Scope of rule. This rule governs only Judicial Notice of Law.

Click here to see commentary on Revised Article 203(a). 

(b) Kinds of law.

(1) The court shall take judicial notice of (i) the United States Constitution, statutes and public acts of Congress, as well as decisional law of the courts of the United States; and (ii) private acts of Congress, regulations of federal agencies, executive orders, rules of procedure for court or administrative proceedings, and similar sources of federal law which are reasonably available to the court; (iii) the sources of law in subsection (ii) which are not otherwise reasonably available to the court, if requested by a party and supplied with the necessary material.

(2) The court shall take judicial notice of the constitutions, statutes and public acts of the States or Territories of the United States and decisional law of the courts of the States or Territories of the United States if requested by a party and supplied with the necessary material. The court shall take judicial notice of private acts, regulations of agencies, executive orders, rules of procedure for court or administrative proceedings, and similar sources of law in the States or Territories of the United States if requested by a party and supplied with the necessary material. The court may take judicial notice of private acts, regulations of agencies, executive orders, rules of procedure for court or administrative proceedings, and similar sources of law in the States or Territories of the United States which are reasonably available to the court.

(3) The court shall take judicial notice of ordinances, executive orders, regulations of agencies, rules of proceeding for administrative agencies, and similar sources of law of political subdivisions of the States or Territories of the United States if requested by a party and supplied with the necessary material. The court may take judicial notice of ordinances, executive orders, regulations of agencies, rules of proceeding for administrative agencies, and similar sources of law of political subdivisions of the States or Territories of the United States which are reasonably available to the court.

(4) The court may take judicial notice of the occurrence but not validity of prior judicial proceedings in all courts of the United States, the several States, and the Territories of the United States.

(5) (i) The court shall take judicial notice of laws of foreign nations if requested by a party and supplied with the necessary material. (ii) The court may take judicial notice of the laws of foreign nations which are reasonably available to the court.

(6) The court shall take judicial notice of any other sources of law as required by statute or local court rule.

Click here to see commentary on Revised Article 203(b). 

(c) Time of taking judicial notice. Judicial notice under this rule may be taken at any stage of the proceeding.

Click here to see commentary on Revised Article 203(c). 

(d) Opportunity to be heard. If a party requests the court to take judicial notice under this rule, the party shall provide reasonable written notice in the pleadings or otherwise of such a request. If the court takes judicial notice on its own motion, the court shall afford the parties the opportunity to be heard as to the propriety of taking judicial notice under this rule if the interests of justice so require, or if the court deems assistance of the parties helpful.

Click here to see commentary on Revised Article 203(d). 

Revised Rule 203. Judicial Notice of Law [clean copy]

(a) Scope of rule. This rule governs only Judicial Notice of Law.

(b) Kinds of law.

(1) The court shall take judicial notice of (i) the United States Constitution, statutes and public acts of Congress, as well as decisional law of the courts of the United States; and (ii) private acts of Congress, regulations of federal agencies, executive orders, rules of procedure for court or administrative proceedings, and similar sources of federal law which are reasonably available to the court; (iii) the sources of law in subsection (ii) which are not otherwise reasonably available to the court, if requested by a party and supplied with the necessary material.

(2) The court shall take judicial notice of the constitutions, statutes and public acts of the States or Territories of the United States and decisional law of the courts of the States or Territories of the United States if requested by a party and supplied with the necessary material. The court shall take judicial notice of private acts, regulations of agencies, executive orders, rules of procedure for court or administrative proceedings, and similar sources of law in the States or Territories of the United States if requested by a party and supplied with the necessary material. The court may take judicial notice of private acts, regulations of agencies, executive orders, rules of procedure for court or administrative proceedings, and similar sources of law in the States or Territories of the United States which are reasonably available to the court.

(3) The court shall take judicial notice of ordinances, executive orders, regulations of agencies, rules of proceeding for administrative agencies, and similar sources of law of political subdivisions of the States or Territories of the United States if requested by a party and supplied with the necessary material. The court may take judicial notice of ordinances, executive orders, regulations of agencies, rules of proceeding for administrative agencies, and similar sources of law of political subdivisions of the States or Territories of the United States which are reasonably available to the court.

(4) The court may take judicial notice of the occurrence but not validity of prior judicial proceedings in all courts of the United States, the several States, and the Territories of the United States.

(5) (i) The court shall take judicial notice of laws of foreign nations if requested by a party and supplied with the necessary material. (ii) The court may take judicial notice of the laws of foreign nations which are reasonably available to the court.

(6) The court shall take judicial notice of any other sources of law as required by statute or local court rule.

(c) Time of taking judicial notice. Judicial notice under this rule may be taken at any stage of the proceeding.

(d) Opportunity to be heard. If a party requests the court to take judicial notice under this rule, the party shall provide reasonable written notice in the pleadings or otherwise of such a request. If the court takes judicial notice on its own motion, the court shall afford the parties the opportunity to be heard as to the propriety of taking judicial notice under this rule if the interests of justice so require, or if the court deems assistance of the parties helpful.

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