Select your state

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 Massachusetts, the concept of judicial notice aligns with the general principles found in other jurisdictions. Massachusetts courts may take judicial notice of facts that are either commonly known within the territorial jurisdiction of the court or can be verified from sources that are indisputably accurate. This includes facts that are part of common knowledge in the community or easily determinable from reliable sources, such as maps, government records, and scientific data that are beyond dispute. Additionally, courts in Massachusetts can take judicial notice of laws, including statutes, regulations, and case law. The Massachusetts Guide to Evidence outlines the specifics of how and when judicial notice can be taken. The party requesting judicial notice may do so, and the opposing party has the opportunity to contest the notice. Ultimately, the decision to take judicial notice rests with the discretion of the court.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

judicial notice

Individual & Family Legal Plan

Articles

Massachusetts State Code

Massachusetts State Code

Civil procedure

judicial notice

Articles