Judicial Notice

Judicial Notice

Judicial Notice

Rule 201 permits notice of facts not subject to reasonable dispute because they are generally known or can be accurately determined from unquestionable sources. In civil cases the jury must accept noticed facts as conclusive.

Court records and public filings are common subjects.

Alternative Names:

Notice of Adjudicative Facts|Rule 201

Why it Matters?

Conclusive effect in civil cases makes judicial notice more powerful than an evidentiary admission, since the jury is instructed to accept the fact rather than weigh it. The limitation is that notice reaches the existence of documents and filings rather than the truth of their contents, so noticing a prior complaint establishes it was filed rather than that its allegations were accurate. That distinction is where requests overreach.

Frequently Confused with

Frequently asked questions

What is the effect in civil cases?

Where do requests overreach?