FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
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Article II Judicial Notice (Fed. Rules Evid. 201(a)-201(g))
Rule 201(a)
Judicial
Notice Of Adjudicative Facts: Scope Of Rule
Rule 201(b)
Judicial Notice Of
Adjudicative Facts: Kinds Of Facts
Rule 201(c)
Judicial Notice Of
Adjudicative Facts: When Discretionary
Rule 201(d)
Judicial Notice Of
Adjudicative Facts: When Mandatory
Rule 201(e)
Judicial Notice Of
Adjudicative Facts: Opportunity To Be Heard
Rule 201(f)
Judicial Notice Of
Adjudicative Facts: Time Of Taking Notice
Rule 201(g)
Judicial Notice Of
Adjudicative Facts: Instructing Jury
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 201(a) Judicial Notice Of Adjudicative Facts: Scope Of Rule
This rule governs only judicial notice of adjudicative facts.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1930.)
Related FORECITE National™ Materials:
See FORECITE National™ 24.2.4.1 [Judicial Notice: Explanatory Instruction].
See also FORECITE National™ 24.2.4.2 [Judicial Notice Regarding Principles Of Psychology].
See also FORECITE National™ 24.2.4.3 [Judicial Notice: Federal Circuit Model Instructions And Notes].
See also FORECITE National™ 31.2.6 [Eyewitness Identification: Judicial Notice].
RELATED FEDERAL MODEL INSTRUCTIONS:
See 7th Circuit Federal Jury Instructions - Criminal 1.02.
See also 8th Circuit Model Jury Instructions - Criminal 2.04.
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 201(b) Judicial Notice Of Adjudicative Facts: 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1930.)
Related FORECITE National™ Materials:
See FORECITE National™ 24.2.4.1 [Judicial Notice: Explanatory Instruction].
See also FORECITE National™ 24.2.4.2 [Judicial Notice Regarding Principles Of Psychology].
See also FORECITE National™ 24.2.4.3 [Judicial Notice: Federal Circuit Model Instructions And Notes].
See also FORECITE National™ 31.2.6 [Eyewitness Identification: Judicial Notice].
RELATED FEDERAL MODEL INSTRUCTIONS:
See FORECITE National™ 24.2.4.3 [Judicial Notice: Federal Circuit Model Instructions And Notes].
See also 8th Circuit Model Jury Instructions - Criminal 2.04.
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 201(c) Judicial Notice Of Adjudicative Facts: When Discretionary
A court may take judicial notice, whether requested or not.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1930.)
Related FORECITE National™ Materials:
See FORECITE National™ 24.2.4.1 [Judicial Notice: Explanatory Instruction].
See also FORECITE National™ 24.2.4.2 [Judicial Notice Regarding Principles Of Psychology].
See also FORECITE National™ 24.2.4.3 [Judicial Notice: Federal Circuit Model Instructions And Notes].
See also FORECITE National™ 31.2.6 [Eyewitness Identification: Judicial Notice].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 201(d) Judicial Notice Of Adjudicative Facts: When Mandatory
A court shall take judicial notice if requested by a party and supplied with the necessary information.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1930.)
Related FORECITE National™ Materials:
See FORECITE National™ 24.2.4.1 [Judicial Notice: Explanatory Instruction].
See also FORECITE National™ 24.2.4.2 [Judicial Notice Regarding Principles Of Psychology].
See also FORECITE National™ 24.2.4.3 [Judicial Notice: Federal Circuit Model Instructions And Notes].
See also FORECITE National™ 31.2.6 [Eyewitness Identification: Judicial Notice].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 201(e) Judicial Notice Of Adjudicative Facts: 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 notification, the request may be made after judicial notice has been taken.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1930.)
Related FORECITE National™ Materials:
See FORECITE National™ 24.2.4.1 [Judicial Notice: Explanatory Instruction].
See also FORECITE National™ 24.2.4.2 [Judicial Notice Regarding Principles Of Psychology].
See also FORECITE National™ 24.2.4.3 [Judicial Notice: Federal Circuit Model Instructions And Notes].
See also FORECITE National™ 31.2.6 [Eyewitness Identification: Judicial Notice].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 201(f) Judicial Notice Of Adjudicative Facts: Time Of Taking Notice
Judicial notice may be taken at any stage of the proceeding.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1930.)
Related FORECITE National™ Materials:
See FORECITE National™ 24.2.4.1 [Judicial Notice: Explanatory Instruction].
See also FORECITE National™ 24.2.4.2 [Judicial Notice Regarding Principles Of Psychology].
See also FORECITE National™ 24.2.4.3 [Judicial Notice: Federal Circuit Model Instructions And Notes].
See also FORECITE National™ 31.2.6 [Eyewitness Identification: Judicial Notice].
FEDERAL RULES OF EVIDENCE
Effective July 1, 1975, as amended to December 1, 2007
Rule 201(g) Judicial Notice Of Adjudicative Facts: Instructing Jury
In a civil action or proceeding, 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.
History:
(Jan. 2, 1975, P.L. 93-595, § 1, 88 Stat. 1930.)
Related FORECITE National™ Materials:
See FORECITE National™ 24.2.4.1 [Judicial Notice: Explanatory Instruction].
See also FORECITE National™ 24.2.4.2 [Judicial Notice Regarding Principles Of Psychology].
See also FORECITE National™ 24.2.4.3 [Judicial Notice: Federal Circuit Model Instructions And Notes].
See also FORECITE National™ 31.2.6 [Eyewitness Identification: Judicial Notice].
RELATED FEDERAL MODEL INSTRUCTIONS:
See also 6th Circuit Pattern Jury Instructions - Criminal 7.19.
See also 8th Circuit Model Jury Instructions - Criminal 2.04.
See also 8th Circuit Model Jury Instructions - Criminal 3.03.
See also 9th Circuit Model Jury Instructions - Criminal 2.5.
See also Federal Judicial Center, PATTERN CRIMINAL JURY INSTRUCTIONS 7 [Judicial Notice].