- Table of Contents
- Article I. General Provisions
- Article II.
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
- Article VIII. Hearsay
- Article X. Contents of Writings,
- and Photographs
|Revised Rule 202(d).
Judicial Notice of Legislative Facts Commentary 202(d).
both trial and appellate courts are charged with interpreting the law,
judicial notice of legislative facts should be equally available at
all levels of the proceedings. The trial court is the first level in
interpreting the law. The trial courts' need to take judicial notice
exists in innumerable situations, such as deciding motions for summary
judgment, ruling on the admissibility of evidence, and instructing the
An appellate court may take judicial notice of facts different or
opposed to those facts noticed by the trial court. Appellate courts
review de novo all questions of law decided by the trial court.
Because legislative facts are used to interpret the law, the appellate
court is free to accept or reject the facts relied on by the trial
court in interpretation of the law, as well as take judicial notice of
facts not considered by the trial court.