(a) Scope of rule.—This rule governs only judicial notice of adjudicative facts.
(b) 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.
(c) When discretionary.—A court may take judicial notice, whether requested or not.
(d) When mandatory.—A court shall take judicial notice if requested by a party and supplied with the necessary information.
(e) 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.
(f) Time of taking notice.—Judicial notice may be taken at any stage of the proceeding.
(g) 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. ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
added in current removed in current
Compared to current version (2025).
(a) Scope. of rule.-This rule governs only judicial notice of an adjudicative facts only, not a legislative fact.
(b) Kinds of fFacts.-A That May Be Judicially Noticed. The court may judicially noticed a fact must be onethat is not subject to reasonable dispute in that it is either (1)because it:
(1) is generally known within the trial court’s territorial jurisdiction; of the trial court or (2) capable ofr
(2) can be accurately and readily determination by resort toed from sources whose accuracy cannot reasonably be questioned.
(c) When discretionary.-A court may take judicial notice, whether requested or not.
(d) When mandatory.-A court shall take judicial notice if requested by a party and supplied with the necessary information.
(e) Opportunity to be heard.-A party is entitled upon timely request to an opportunityTaking Notice. The court:
(1) may take judicial notice on its own; or
(2) must take judicial notice if a party requests it and the court is supplied with the necessary information.
(d) Timing. The court may take judicial notice at any stage of the proceeding.
(e) Opportunity to Be Heard. On timely request, a party is entitled to be heard as ton the propriety of taking judicial notice and the tenornature of the matterfact to be noticed. Inf the absence of prior notification, the request may be made after judicial notice has been taken.
(f) Time of taking notice.-Judicial notice may be taken at any stage of the proceedingcourt takes judicial notice before notifying a party, the party, on request, is still entitled to be heard.
(gf) Instructing jthe Jury.- In a civil action or proceedingcase, the court shallmust instruct the jury to accept as conclusive any fact judicially noticedthe noticed fact as conclusive. In a criminal case, the court shallmust instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed. or may not accept the noticed fact as conclusive.
(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)
Appended Forms
ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGCASES