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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 Louisiana, judicial notice is governed by the Louisiana Code of Evidence, particularly under Article 201, which aligns with the principles described. The courts in Louisiana can take judicial notice of 'adjudicative 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 that are beyond reasonable dispute. This includes laws, as courts can recognize and apply statutes, regulations, and other legal principles without formal presentation of evidence. The parties may request that a court take judicial notice or the court may do so on its own initiative. When a court takes judicial notice of a fact, it is accepted as true without requiring the parties to present evidence to prove it.

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Civil procedure

judicial notice

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Louisiana State Code

Civil procedure

judicial notice

Louisiana State Code

Articles