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 Delaware, the concept of judicial notice aligns with the general principles found in other jurisdictions. Delaware courts may take judicial notice of facts that are not subject to reasonable dispute because they are either generally known within the territorial jurisdiction of the court or can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. This includes both adjudicative facts and matters of law. For instance, courts in Delaware may take judicial notice of the laws of Delaware, federal laws, and the laws of other states. The rules governing judicial notice are codified in the Delaware Uniform Rules of Evidence, specifically Rule 201, which outlines the parameters for when and how a court may take judicial notice of an adjudicative fact. The rule also provides guidance on the procedure for requesting judicial notice and the opposing party's opportunity to be heard on the matter. Judicial notice is particularly useful for indisputable facts such as the existence of a law, historical events, or data that is commonly known or easily verifiable.