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      CE 201     




Art. 201.  Judicial notice of adjudicative facts generally

A.  Scope of Article.  This Article governs only judicial notice of adjudicative facts.  An "adjudicative fact" is a fact normally determined by the trier of fact.

B.  Kinds of facts.  A judicially noticed fact must be one not subject to reasonable dispute in that it is either:

(1)  Generally known within the territorial jurisdiction of the trial court; or

(2)  Capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

C.  When discretionary.  A court may take judicial notice, whether requested or not.

D.  When mandatory.  A court shall take judicial notice upon request if supplied with the information necessary for the court to determine that there is no reasonable dispute as to the fact.

E.  Opportunity to be heard.  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 opportunity to be heard, the request may be made after judicial notice has been taken.

F.  Time of taking notice.  A party may request judicial notice at any stage of the proceeding but shall not do so in the hearing of a jury.  Before taking judicial notice of a matter in its instructions to the jury, the court shall inform the parties before closing arguments begin.

G.  Instructing jury.  In a civil case, the court shall instruct the jury to accept as conclusive any fact judicially noticed.  In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

Acts 1988, No. 515, §1, eff. Jan. 1, 1989.

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