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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 Montana, judicial notice is governed by the Montana Rules of Evidence, specifically Rule 201. This rule allows a court to take judicial notice of a fact that is not subject to reasonable dispute because it is 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 may take judicial notice whether requested by a party or not, and may do so at any stage of the proceeding. The rule also extends to the judicial notice of laws, which includes the laws of Montana, federal laws, and the laws of other states. When a court takes judicial notice of a fact, it is as if that fact has been proven and it does not need to be argued or established through evidence by the parties involved in the case.

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Civil procedure

judicial notice

Individual & Family Legal Plan

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Montana State Code

Montana State Code

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Civil procedure

judicial notice