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Federal Evidence • Judicial Notice
EVID#119
Legal Definition
Judicial notice is the recognition of a fact as true without formal presentation of evidence. The fact must not be subject to reasonable dispute, and either generally known within the court's territorial jurisdiction, or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
Judicial notice may be taken whether requested or not, and if it is taken, the fact is conclusively established.
Judicial notice may be taken whether requested or not, and if it is taken, the fact is conclusively established.
Plain English Explanation
Judicial notice is like a shortcut in court. Normally, to prove something in a trial, you need evidence. But sometimes, there are facts that are so obvious or easily checked that it would be a waste of time to prove them. For example, if a case depends on whether the sun rises in the east, the court can just accept that as true without evidence, because everyone knows it or can easily find out. This rule exists to make court cases more efficient by skipping the formality of proving things that are already clear and undisputed.
Hypothetical
Hypo 1: Bob and Sam are neighbors. Bob sues Sam, claiming Sam's tree is on Bob's property. In court, Bob tries to prove the boundary line using an old map. Result: The court takes judicial notice of the official city property records, which show the current, accurate boundary line. The old map isn't needed because the records are a reliable source.
Hypo 2: Sam sues Bob for an injury from a car accident on January 1st. Bob claims it was icy, and he couldn't stop. Result: The court takes judicial notice of the weather report, which shows there was no ice that day. The court accepts it as true, so Bob's icy road defense fails.
Hypo 3: This is actually a true story: my amazing wife is a defense attorney focused on misdemeanors and traffic violations. A common way she is able to defend her clients is by pointing out when the prosecution fails to meet its burden. One way this can happen is when an officer fails to testify adequately to facts that are required under the law, like affirming that they had jurisdicition wherever they pulled my wife's client over. One time, after the officer failed to identify the city where they pulled the defendant over, my wife moved to for the case to be dismissed for the officer's failure to establish these facts. However, the judge looked over at the satellite photo of the area and said, "Well, I recognize that area because I play golf down the street, so I can take judicial notice of what city it is." Result: In the real world, it isn't always as cut and dry, and judges have broad discretion to impact the flow of cases, especially through things like "judicial notice."
Hypo 2: Sam sues Bob for an injury from a car accident on January 1st. Bob claims it was icy, and he couldn't stop. Result: The court takes judicial notice of the weather report, which shows there was no ice that day. The court accepts it as true, so Bob's icy road defense fails.
Hypo 3: This is actually a true story: my amazing wife is a defense attorney focused on misdemeanors and traffic violations. A common way she is able to defend her clients is by pointing out when the prosecution fails to meet its burden. One way this can happen is when an officer fails to testify adequately to facts that are required under the law, like affirming that they had jurisdicition wherever they pulled my wife's client over. One time, after the officer failed to identify the city where they pulled the defendant over, my wife moved to for the case to be dismissed for the officer's failure to establish these facts. However, the judge looked over at the satellite photo of the area and said, "Well, I recognize that area because I play golf down the street, so I can take judicial notice of what city it is." Result: In the real world, it isn't always as cut and dry, and judges have broad discretion to impact the flow of cases, especially through things like "judicial notice."
