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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 Idaho, the concept of judicial notice aligns with the general principles found in other jurisdictions. Idaho Rule of Evidence 201 governs the use of judicial notice in the state's courts. This rule allows courts to recognize certain 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. The court can take judicial notice on its own or at the request of a party. Judicial notice can be taken of both adjudicative facts and law, including statutes, administrative rules, and ordinances, both within and outside of Idaho. Once a court takes judicial notice of a fact, it is accepted as conclusive in civil cases. In criminal cases, however, the jury is instructed that it may, but is not required to, accept as conclusive any judicially noticed fact.

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Civil procedure

judicial notice

Individual & Family Legal Plan

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Idaho State Code

Idaho State Code

Civil procedure

judicial notice

Articles