§ 4511 — Judicial notice of law

New York § 4511

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 45: Evidence

Text

Rule 4511. Judicial notice of law. (a) When judicial notice shall be\ntaken without request. Every court shall take judicial notice without\nrequest of the common law, constitutions and public statutes of the\nUnited States and of every state, territory and jurisdiction of the\nUnited States and of the official compilation of codes, rules and\nregulations of the state except those that relate solely to the\norganization or internal management of an agency of the state and of all\nlocal laws and county acts.\n (b) When judicial notice may be taken without request; when it shall\nbe taken on request. Every court may take judicial notice without\nrequest of private acts and resolutions of the congress of the United\nStates and of the legislature of the state; ordinances and regulations\nof officers, agencies or governmental subdivisions of the state or of\nthe United States; and the laws of foreign countries or their political\nsubdivisions. Judicial notice shall be taken of matters specified in\nthis subdivision if a party requests it, furnishes the court sufficient\ninformation to enable it to comply with the request, and has given each\nadverse party notice of his intention to request it. Notice shall be\ngiven in the pleadings or prior to the presentation of any evidence at\nthe trial, but a court may require or permit other notice.\n (c) Determination by court; review as matter of law. Whether a matter\nis judicially noticed or proof is taken, every matter specified in this\nsection shall be determined by the judge or referee, and included in his\nor her findings or charged to the jury. Such findings or charge shall be\nsubject to review on appeal as a finding or charge on a matter of law.\n (d) Evidence to be received on matter to be judicially noticed. In\nconsidering whether a matter of law should be judicially noticed and in\ndetermining the matter of law to be judicially noticed, the court may\nconsider any testimony, document, information or argument on the\nsubject, whether offered by a party or discovered through its own\nresearch. Whether or not judicial notice is taken, a printed copy of a\nstatute or other written law or a proclamation, edict, decree or\nordinance by an executive contained in a book or publication, purporting\nto have been published by a government or commonly admitted as evidence\nof the existing law in the judicial tribunals of the jurisdiction where\nit is in force, is prima facie evidence of such law and the unwritten or\ncommon law of a jurisdiction may be proved by witnesses or printed\nreports of cases of the courts of the jurisdiction.\n