Does the matter concern an adjudicative fact that is not subject to reasonable dispute in that it is either:
(1) Generally known within a trial court's territorial Jurisdiction or
(2) Can be accurately and readily determined from sources whose accuracy cannot reasonably be questions [FRE 201 A&B]
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If Yes:
Judicial Notice may be taken at any stage of the proceeding [FRE 201(f)] A court has discretion to take judicial notice whether requested or not [FRE 201(c)] and a court must take judicial notice if requested by a party and supplied with the necessary information[FRE 201 (d)]
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If No:
The Court may not take Judicial Notice; Need to consider general rules relating to the admissibility of evidence to prove the fact.
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Note: 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. In the absence of prior notification, the request may be made after judicial notice has been taken [FRE 201(e)]
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Has the judicial notice been taken in a criminal proceeding?
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YES
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The court MUST instruct the jury that it may or may not accept the noticed fact as conclusive [FRE 201(g)]
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NO
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The court MUST instruct the jury to accept as conclusive any fact judicially noticed [FRE 201(g)]
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Judicial Notice
More flowcharts
