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Civil procedure

judicial notice

Judicial notice is a court’s acceptance of a well-known and indisputable fact without requiring the party relying on the fact to prove it. The doctrine of judicial notice is one of common sense, and is based on the theory that where a fact is well-known in the community—or its existence is easily determined from sources that cannot be reasonably questioned—it would not be a good use of judicial time and resources to require formal proof of the fact in court. A court may take judicial notice of both facts and laws.

In Arkansas, the concept of judicial notice is governed by the Arkansas Rules of Evidence, specifically Rule 201. This rule allows courts to recognize certain facts as true without requiring formal proof. These facts can be either generally known within the territorial jurisdiction of the court or capable of accurate and ready determination by sources whose accuracy cannot reasonably be questioned. Arkansas courts can take judicial notice of both adjudicative facts—those related to the immediate case—and certain laws, such as the statutes or administrative regulations of any state of the United States, as well as federal laws and certain international laws. The court may take judicial notice at any stage of the proceeding, and it may do so on its own or upon request by a party. When a court takes judicial notice of a fact, it is instructing the jury to accept that fact as conclusive.

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Civil procedure

judicial notice

Individual & Family Legal Plan

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Arkansas State Code

Arkansas State Code

Civil procedure

judicial notice

Articles