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 Mississippi, the concept of judicial notice aligns with the general principles found in other jurisdictions. Mississippi courts may take judicial notice of facts that 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 facts such as historical events, the laws of nature, and the contents of governmental records. Additionally, Mississippi courts may take judicial notice of state and federal laws, as well as the laws of foreign countries if the issue arises. The Mississippi Rules of Evidence, specifically Rule 201, governs the use of judicial notice in the state's courts. Under this rule, a party is entitled to be heard on the propriety of taking judicial notice and the tenor of the matter noticed if the request is made before the jury is instructed or before the decision in a non-jury trial. The rule also specifies that courts must take judicial notice if requested by a party and supplied with the necessary information.