This is an extract of our Judicial Notice document, which we sell as part of our Evidence Outlines collection written by the top tier of Oklahoma City University School Of Law students.
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JUDICIAL NOTICE Rule 201 allows judges to take "judicial notice" of certain types of facts, which means judges can accept as true, w/o formal proof (or can instruct jury to accept at true w/o proof) certain types of factual propositions But 201 only applies if take "judicial notice" of adjudicative facts=
Matters of general knowledge in the jurisdiction (local geography, water freezes 32 degrees) If do this in a criminal case the judge must instruct the jury that is may but need not accept the noticed fact as conclusive In civil case can instruct must accept as conclusive
If the fact is deemed legislative, then 201 doesn't apply and the judge can simply instruct the jury on the fact as a matter of law which then it cannot be contested Judicial Notice in Civil Cases If the matter is an adjudicative fact, then it is possible to take judicial notice of it (and can instruct must accept fact as conclusive), but it must be: Generally known in the jurisdiction or Ascertainable through reasonable undisputable sources
Judicial Notice in Criminal Cases Operates in same way as in civil cases EXCEPT that under Rule 201(g), the jury is instructed that is MAY, but ISNT REQUIRED to accept as conclusive any fact that is judicially noticed. It also cannot be given judicial notice for 1st time on appeal cause jury never wld have considered it at trial level
Facts w/in Personal Knowledge of the Judge Personal experience or knowledge is NOT a proper matter to be judicially noticed.
Case Law United States v. Gould, (1976); Facts: Gould was arrested for smuggling cocaine.
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