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Rule 201.?Judicial Notice of Adjudicative Facts.

 

(a)   Scope. This rule governs judicialnotice of an adjudicative fact only, not a legislative fact.

 

(b)   Kindsof Facts That May Be Judicially NoticedThe court may judiciallynotice a fact that is not subject to reasonable dispute because it:

(b)(1)   is generally known within thetrial court?s territorial jurisdiction; or

 

(b)(2)   can be accurately and readilydetermined from sources whose accuracy cannot reasonably be questioned.

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(c)   TakingNotice. Thecourt:

(c)(1)   may take judicialnotice on its own; or

 

(c)(2)   must take judicialnotice if a party requests it and the court is supplied with the necessaryinformation.

 

(d)      Timing. The court may takejudicial notice at any stage of the proceeding.

 

(e)   Opportunityto Be Heard. On timely request, a party is entitled tobe heard on the propriety of taking judicial notice and the nature ofthe fact to be noticed. If the court takes judicial notice before notifying aparty, the party, on request, is still entitled to be heard.

 

(f)    Instructingthe Jury. Ina civil case, the court must instruct the jury to accept the noticed fact asconclusive. In a criminal case, the court must instruct the jury that it may ormay not accept the noticed fact as conclusive.

 

 

2011Advisory Committee Note. ?The language of this rule has been amended as part of the restyling of the EvidenceRules to make them more easily understood and to make style and terminologyconsistent throughout the rules. These changes are intendedto be stylistic only. There is no intent to change any result in any ruling onevidence admissibility. This rule is the federal rule, verbatim.

 

Original Advisory CommitteeNote.  Thisrule is the federal rule, verbatim, and consolidates the law of judicial noticeformerly contained in Rules 9 through 12, Utah Rules of Evidence (1971) and inUtah Code ? 78-25-1 (1953) into one broadly defined rule. The Utah SupremeCourt has stated the rule with reference to judicial notice in LittleCottonwood Water Co. v. Kimball, 76 Utah 243, 267, 289 Pac. 116 (1930)where the court stated: "In short, a court is presumed to know what everyman of ordinary intelligence must know about such things." See also DeFusion Co. v. Utah Liquor Control Comm'n, 613 P.2d 1120 (Utah 1980).

 

Subdivision(a) "governs only judicial notice of adjudicative facts," and doesnot deal with instances in which a court may notice legislative facts, which is left to the sound discretion of trial and appellatecourts. Compare Rule 12, Utah Rules of Evidence (1971). Since legislative factsare matters that go to the policy of a rule of law as distinct from the truefacts that are used in the adjudication of a controversy they are notappropriate for a rule of evidence and best left to the law-makingconsiderations by appellate and trial courts.

 

Subdivision(b) is in accord with the Little Cottonwood Water Co. case, supra, and thesubstance of Rule 9(1) and (2), Utah Rules of Evidence (1971). Utah lawpresumes that the law of another jurisdiction is the same as that of the Stateof Utah and judicial notice has been taken from thelaw of other states and foreign countries. Lamberth v. Lamberth, 550 P.2d 200 (Utah 1976); Maple v. Maple,566 P.2d 1229 (Utah 1977). The Utah court has taken judicial notice under Rule9(2), Utah Rules of Evidence (1971) of the rules and regulations of the TaxCommission. Nelson v. State Tax Comm'n, 29 Utah2d 162, 506 P.2d 437 (1973). The broad language of subdivision (b) is identicalto Rule 201 of the Uniform Rules of Evidence (1974). Judicial notice of foreignlaw is permissible under this rule. Provisions of this rule supersede Utah Code? 78-25-1 (1953), since the statute is merely illustrative of items encompassedwithin the broad framework of this rule. The foreign law of some jurisdictions might best be left to proof through witnesses if the resortto sources available in the State of Utah is questionable.

 

Subdivision(c) is discretionary, but subdivision (d) requires the court to take judicialnotice if requested by a party and if supplied with the necessary informationto make a determination of whether to take judicial notice. Compare Rules 9(2)and 10(3), Utah Rules of Evidence (1971). The committee believes that Rule201(d) simplifies the process of taking judicial notice of adjudicative factsby making it mandatory when a party makes a request therefor andsupplies the court with the necessary information.