#31 · 2026-09-06 · Legal term
Judicial notice
Judicial notice under Rule 201 concerns adjudicative facts beyond reasonable dispute. A fact can qualify through accurate determination from a source whose accuracy cannot reasonably be questioned. In a civil case the jury must accept a noticed fact; the criminal-case instruction differs.
Rule to remember
Judicial notice under Rule 201 establishes an adjudicative fact without ordinary proof when the fact is beyond reasonable dispute.
Key elements and checks
- The fact is generally known within the trial court's territorial jurisdiction, or reliably ascertainable from unquestionable sources.
- Parties may request an opportunity to be heard.
- Civil juries must accept noticed facts; criminal juries may reject them.
In the source’s words
“not subject to reasonable dispute”
Federal Rule of Evidence 201(b)
Rule 201 addresses adjudicative facts, not legislative facts used to develop legal rules.