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Adjudicative facts are facts that touch individual questions of particular parties to a proceeding. They are facts relating to a person’s motive and intent. Adjudicative facts are specific and unique to a particular controversy and they re-create the course of events that led to the dispute. Questions of adjudicative fact must be resolved on basis of evidentiary submissions of parties. The adjudicative facts generally contrast with the legislative facts that relate to general policy issues.
The trial courts shall take notice of adjudicative facts if such fact is not subject to reasonable dispute. Adjudicative facts are considered facts only if the court recognizes and accepts them when compared to the ordinary facts. Generally, adjudicative facts found by the court are final and will not be reviewed on appeal. An exception to this general rule are those cases in which it can be shown that the findings were made on insubstantial evidence or was clearly erroneous.