Judicial Notice of Adjudicative Facts Law and Legal Definition
According to USCS Fed Rules Evid R 201, a court can take judicial notice, whether requested or not, if it is discretionary. Whereas, a court must take judicial notice if requested by a party and supplied with the necessary information if the same is mandatory in nature. A party is entitled 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.
In a civil action, the court must instruct the jury to accept any fact as conclusive that is 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.
