Judicial Notice

Question 1

Instructions and judicial discretion- FRE

Answer 1

A party must request judicial notice to compel judicial notice. If not requested, the court has discretion to take judicial notice. Judicial notice can occur at any time even on appeal. a. Civil case: The jury must accept noticed fact. b. Criminal case: The jury may accept the noticed fact.

Question 2

Instructions and judicial discretion-CEC

Answer 2

Whether requested or not, the court must take judicial notice of matters generally known within jurisdiction. CEC does not distinguish between civil and criminal.

Question 3

Judicial notice

Answer 3

Judicial notice is the process of establishing facts without presenting evidence. The court can take judicial notice of facts not subject to reasonable dispute because they are either

a. Generally known within the jurisdiction, or
b. Capable of accurate and ready determination by a source whose accuracy cannot be reasonably questioned.