Rule 201 — Judicial Notice of Adjudicative Facts

Fed. R. Evid. 201

• Source: Federal Rules of Evidence
• Rule: 201
• ARTICLE II: JUDICIAL NOTICE
• Citation: Fed. R. Evid. 201

Text

(a) SCOPE. This rule governs judicial notice of an adjudicative
fact only, not a legislative fact.
(b) KINDS OF FACTS THAT MAY BE JUDICIALLY NOTICED. The court
may judicially notice a fact that is not subject to reasonable dis-
pute because it:
(1) is generally known within the trial court’s territorial ju-
risdiction; or
(2) can be accurately and readily determined from sources
whose accuracy cannot reasonably be questioned.
(c) TAKINGNOTICE. 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 en-
titled to be heard on the propriety of taking judicial notice and
the nature of the fact to be noticed. If the court takes judicial no-
tice before notifying a party, the party, on request, is still enti-
tled to be heard.
(f) INSTRUCTING THE JURY. In a civil case, the court must in-
struct the jury to accept the noticed fact as conclusive. In a
criminal case, the court must instruct the jury that it may or
may not accept the noticed fact as conclusive.

Advisory Committee Notes

(As amended Apr. 26, 2011, eff. Dec. 1, 2011.)